AB483: Bill Text

AB483, s. 146 Section 146. 146.55 (6) (a) of the statutes is renumbered 256.12 (6) (a) and amended to read:

AB483,24,2 256.12 (6) (a) In this subsection, "person" has the meaning specified in s. 146.50 256.15 (1) (L).

AB483, s. 147 Section 147. 146.55 (6) (b) of the statutes is renumbered 256.12 (6) (b).

AB483, s. 148 Section 148. 146.55 (7) of the statutes is renumbered 256.12 (7) and amended to read:

AB483,24,11 256.12 (7) Insurance. A physician who participates in an emergency medical services program under this section or as required under s. 146.50 256.15 shall purchase health care liability insurance in compliance with subch. III of ch. 655, except for those acts or omissions of a physician who, as a medical director, reviews the performance of emergency medical technicians or ambulance service providers, as specified under s. 146.37 (1g).

AB483, s. 149 Section 149. 146.55 (8) of the statutes is renumbered 256.12 (8).

AB483, s. 150 Section 150. 146.56 of the statutes is renumbered 256.25.

AB483, s. 151 Section 151. 146.57 (title) of the statutes is renumbered 255.35 (title).

AB483, s. 152 Section 152. 146.57 (1m) (intro.) of the statutes is renumbered 255.35 (1m) (intro.).

AB483, s. 153 Section 153. 146.57 (1m) (a) (intro.) of the statutes is renumbered 255.35 (1m) (a) (intro.).

AB483, s. 154 Section 154. 146.57 (1m) (a) 1. of the statutes is renumbered 255.35 (1m) (a) 1. and amended to read:

AB483,24,23 255.35 (1m) (a) 1. Licensure as an emergency medical technician - basic, emergency medical technician - intermediate or emergency medical technician - paramedic under s. 146.50 256.15 (5) (a).

AB483, s. 155 Section 155. 146.57 (1m) (a) 2. to (4) of the statutes are renumbered 255.35 (1m) (a) 2. to (4).

AB483, s. 156 Section 156. 146.58 (title) of the statutes is renumbered 256.04 (title).

AB483, s. 157 Section 157. 146.58 (intro.) to (6) of the statutes are renumbered 256.04 (intro.) to (6).

AB483, s. 158 Section 158. 146.58 (7) of the statutes is renumbered 256.04 (7) and amended to read:

AB483,25,9 256.04 (7) Advise, make recommendations to, and consult with the department concerning the funding under s. 146.55 256.12 (4) and (5), including recommending a formula for allocating funds among ambulance service providers under s. 146.55 256.12 (5).

AB483, s. 159 Section 159. 146.58 (8) of the statutes is renumbered 256.04 (8).

AB483, s. 160 Section 160. 146.70 (title) of the statutes is renumbered 256.35 (title).

AB483, s. 161 Section 161. 146.70 (1) to (2) (a) of the statutes are renumbered 256.35 (1) to (2) (a).

AB483, s. 162 Section 162. 146.70 (2) (b) of the statutes is renumbered 256.35 (2) (b) and amended to read:

AB483,26,2 256.35 (2) (b) Every basic or sophisticated system established under this section shall be capable of transmitting requests for law enforcement, fire fighting and emergency medical and ambulance services to the public safety agencies providing such services. Such system may provide for transmittal of requests for poison control to the appropriate regional poison control center under s. 146.57 255.35, suicide prevention and civil defense services and may be capable of transmitting requests to ambulance services provided by private corporations. If any agency of the state which provides law enforcement, fire fighting, emergency medical or ambulance services is located within the boundaries of a basic or sophisticated system established under this section, such system shall be capable of transmitting requests for the services of such agency to the agency.

AB483, s. 163 Section 163. 146.70 (2) (c) to (3m) (c) of the statutes are renumbered 256.35 (2) (c) to (3m) (c).

AB483, s. 164 Section 164. 146.70 (3m) (d) (title) of the statutes is renumbered 256.35 (3m) (d) (title).

AB483, s. 165 Section 165. 146.70 (3m) (d) 1e. to (11) of the statutes are renumbered 256.35 (3m) (d) 1e. to (11).

AB483, s. 166 Section 166. 146.82 (1) of the statutes is amended to read:

AB483,26,17 146.82 (1) Confidentiality. All patient health care records shall remain confidential. Patient health care records may be released only to the persons designated in this section or to other persons with the informed consent of the patient or of a person authorized by the patient. This subsection does not prohibit reports made in compliance with s. 146.995, 253.12 (2), 255.40, or 979.01; testimony authorized under s. 905.04 (4) (h); or releases made for purposes of health care operations, as defined in 45 CFR 164.501, and as authorized under 45 CFR 164, subpart E.

AB483, s. 167 Section 167. 146.82 (2) (a) 2. (intro.) of the statutes is amended to read:

AB483,26,24 146.82 (2) (a) 2. (intro.) To the extent that performance of their duties requires access to the records, to a health care provider or any person acting under the supervision of a health care provider or to a person licensed under s. 146.50 256.15, including medical staff members, employees or persons serving in training programs or participating in volunteer programs and affiliated with the health care provider, if any of the following is applicable:

AB483, s. 168 Section 168. 146.995 of the statutes is renumbered 255.40.

AB483, s. 169 Section 169. 146.997 (1) (d) 14. of the statutes is amended to read:

AB483,27,3 146.997 (1) (d) 14. An emergency medical technician licensed under s. 146.50 256.15 (5) or a first responder.

AB483, s. 170 Section 170. 154.17 (3) of the statutes is amended to read:

AB483,27,6 154.17 (3) "Emergency medical technician" has the meaning given under s. 146.50 (1) (e) 256.01 (5).

AB483, s. 171 Section 171. 154.17 (3m) of the statutes is amended to read:

AB483,27,9 154.17 (3m) "First responder" has the meaning given under s. 146.53 (1) (d) 256.01 (9).

AB483, s. 172 Section 172. 165.25 (6) (c) of the statutes is amended to read:

AB483,27,14 165.25 (6) (c) Physicians under s. 251.07 or 252.04 (9) (b) are covered by this section and shall be considered agents of the department of health and family services for purposes of determining which agency head may request the attorney general to appear and defend them.

AB483, s. 173 Section 173. 165.85 (4) (b) 1d. e. of the statutes is amended to read:

AB483,27,17 165.85 (4) (b) 1d. e. Training on responding to an act of terrorism, as defined in s. 146.50 256.15 (1) (ag).

AB483, s. 174 Section 174. 171.30 (6) of the statutes is amended to read:

AB483,27,19 171.30 (6) "Public agency" has the meaning given in s. 146.50 256.15 (1) (n).

AB483, s. 175 Section 175. 196.207 (3) (a) of the statutes is amended to read:

AB483,27,21 196.207 (3) (a) A public agency emergency system under s. 146.70 256.35.

AB483, s. 176 Section 176. 233.04 (10) of the statutes is amended to read:

AB483,28,2 233.04 (10) Operate a poison control center under s. 146.57 255.35. If Children's Hospital of Wisconsin in the city of Milwaukee ceases to operate a poison control center under s. 146.57 255.35, the authority shall administer a statewide poison control program.

AB483, s. 177 Section 177. 250.01 (intro.) of the statutes is amended to read:

AB483,28,5 250.01 Definitions. (intro.) In chs. 250 to 255 256, unless the context requires otherwise:

AB483, s. 178 Section 178. 250.20 of the statutes is created to read:

AB483,28,7 250.20 Health disparities reduction or elimination.

AB483,28,8 (2) Departmental duties; minority health.

AB483,28,9 (3) Minority health grants.

AB483,28,10 (4) Public information campaign grant.

AB483, s. 179 Section 179. 251.01 (8) of the statutes is created to read:

AB483,28,13 251.01 (8) "Sanitarian" means a sanitarian, as defined in s. 440.98 (1) (b), who is registered under s. 440.98 (5).

AB483, s. 180 Section 180. 251.05 (1) (a) of the statutes is amended to read:

AB483,28,18 251.05 (1) (a) As a Level I local health department, at least the level of services specified in sub. (2) (a) with a local health officer who at least meets the qualifications specified in s. 251.06 (1) (a) or with a person who meets the qualifications specified in s. 251.06 (1m).

AB483, s. 181 Section 181. 251.05 (1) (b) of the statutes is amended to read:

AB483,28,23 251.05 (1) (b) As a Level II local health department, at least the level of services specified in sub. (2) (b) with a local health officer who at least meets the qualifications specified in s. 251.06 (1) (b) or with a person who meets the qualifications specified in s. 251.06 (1m).

AB483, s. 182 Section 182. 251.05 (1) (c) of the statutes is amended to read:

AB483,29,4 251.05 (1) (c) As a Level III local health department, at least the level of services specified in sub. (2) (c) with a local health officer who at least meets the qualifications specified in s. 251.06 (1) (c) or with a person who meets the qualifications specified in s. 251.06 (1m).

AB483, s. 183 Section 183. 251.05 (3) (c) of the statutes is amended to read:

AB483,29,10 251.05 (3) (c) Involve key policymakers and the general public in determining a set of high priority public health services and assure access to these services to every member of the community and developing a community health improvement plan that includes actions to implement the services and functions specified under s. 250.03 (1) (L).

AB483, s. 184 Section 184. 251.06 (1m) of the statutes is repealed.

AB483, s. 185 Section 185. 251.06 (3) (e) of the statutes is renumbered 251.06 (3) (e) (intro.) amended to read:

AB483,29,19 251.06 (3) (e) (intro.) Appoint all necessary subordinate personnel, assure that they meet appropriate qualifications and have supervisory power over all subordinate personnel. Any public health nurses and sanitarians hired for the local health department shall meet any qualification requirements established in rules promulgated by the department. "Subordinate personnel" under this paragraph may include any of the following:

AB483, s. 186 Section 186. 251.06 (3) (e) 1. of the statutes is created to read:

AB483,29,22 251.06 (3) (e) 1. A public health educator who meets qualifications that the department shall specify by rule.

AB483, s. 187 Section 187. 251.06 (3) (e) 2. of the statutes is created to read:

AB483,30,2 251.06 (3) (e) 2. A public health nutritionist, who is a certified dietitian, as defined in s. 448.70 (1m), is credentialed as a registered dietitian by the Commission on Dietetic Registration, and meets qualifications that the department shall specify by rule.

AB483, s. 188 Section 188. 251.06 (3) (e) 3. of the statutes is created to read:

AB483,30,6 251.06 (3) (e) 3. A public health dental hygienist, who is licensed as a dental hygienist under s. 447.04 (2) (a) or (b), and who meets qualifications that the department shall specify by rule.

AB483, s. 189 Section 189. 251.07 of the statutes is created to read:

AB483,30,13 251.07 Certain physicians; state agency status. A physician who is not an employee of the local health department and who provides services, without compensation, for those programs and services provided by a local health department that require medical oversight is, for the provision of the services he or she provides, a state agent of the department of health and family services for the purposes of ss. 165.25 (6), 893.82 (3), and 895.46.

AB483, s. 190 Section 190. 252.14 (1) (ar) 13. of the statutes is amended to read:

AB483,30,16 252.14 (1) (ar) 13. An emergency medical technician licensed under s. 146.50 256.15 (5).

AB483, s. 191 Section 191. 252.15 (1) (af) of the statutes is amended to read:

AB483,30,19 252.15 (1) (af) "Emergency medical technician" has the meaning given in s. 146.50 (1) (e) 256.01 (5).

AB483, s. 192 Section 192. 254.01 (2) of the statutes is amended to read:

AB483,30,25 254.01 (2) "Human health hazard" means a substance, activity or condition that is known to have the potential to cause acute or chronic illness or death if exposure to the substance, activity or condition is not abated, to endanger life, to generate or spread infectious diseases, or otherwise injuriously to affect the health of the public.

AB483, s. 193 Section 193. 254.59 (1) of the statutes is repealed and recreated to read:

AB483,31,18 254.59 (1) Local health officer or designee; authority. Upon receiving a complaint or if there is probable cause to believe that a human health hazard exists within the jurisdiction of a local health department, the local health officer of that jurisdiction or his or her designee may, under the requirements of this subsection, immediately investigate the suspected human health hazard. If the owner or the occupant of a property or premises consents, the local health officer or his or her designee may enter the property or premises at any reasonable time to inspect, investigate, evaluate, conduct tests, or take specimens or samples as may be reasonably necessary to determine the existence of a human health hazard. If the owner or the occupant of a property or premises refuses entry, the local health officer or his or her designee may seek a special inspection warrant under s. 66.0119 to authorize inspection, investigation, evaluation, conducting of tests, or taking of specimens or samples for testing, except that, if in the judgment of the local health officer or designee a suspected human health hazard poses an immediate threat to the health of an individual or the public, the local health officer or designee may enter an affected property or premises without consent or a special inspection warrant to perform these activities.

AB483, s. 194 Section 194. 254.59 (2) of the statutes is amended to read:

AB483,33,2 254.59 (2) Abatement or removal procedure. If Except as provided in sub. (3) or (3m), if a human health hazard is found on private property or premises, the local health officer or his or her designee shall notify the owner and the any occupant of the property or premises, by registered mail with return receipt requested personal service or by mail to the last known address of the owner and any occupant, of the presence of the human health hazard and order its abatement or removal within a reasonable time period, not to exceed 30 days of receipt of, as specified in the notice. If the human health hazard is not abated or removed by that date, the local health officer shall owner or occupant fails to comply with the order within the specified time, the local health officer or designee shall immediately enter upon the property or premises and abate or remove the human health hazard or may contract to have the work performed, or shall report the failure to abate or remove the human health hazard as specified under sub. (3m). The human health hazard shall be abated in a manner which that is approved by the local health officer. The cost of the abatement or removal may be recovered from the person permitting the violation or may be paid by the municipal treasurer and the account, after being paid by the treasurer, shall be filed with the municipal clerk, who shall enter the amount chargeable to the property in the next tax roll in a column headed "For Abatement of a Nuisance" as a special tax on the lands upon which the human health hazard was abated, and the tax shall be collected as are other taxes. In case of railroads or other lands not taxed in the usual way, the amount chargeable shall be certified by the clerk to the secretary of administration who shall add the amount designated in the certificate to the sum due from the company owning, occupying, or controlling the land specified, and the secretary of administration shall collect the amount as prescribed in subch. I of ch. 76 and return the amount collected to the town, city, or village from which the certificate was received. Anyone maintaining such a human health hazard may also be fined not more than $300 or imprisoned for not more than 90 days or both. The only defenses an owner may have against the collection of a tax under this subsection are that no human health hazard existed on the owner's property, that no human health hazard was corrected on the owner's property, that the procedure outlined in this subsection was not followed or any applicable defense under s. 74.33.

AB483, s. 195 Section 195. 254.59 (3) of the statutes is created to read:

AB483,33,11 254.59 (3) Summary abatement or removal. If a human health hazard is found on private property or premises and, in the judgment of the local health officer or designee, poses an immediate threat to the health of an individual or the public, the local health officer or his or her designee shall make a good faith effort to notify the owner and any occupant by any practical means, shall confirm the notice in writing by personal service or by mail to the last known address of the owner and any occupant, and shall summarily abate or remove the human health hazard unless the owner or the occupant immediately abates or removes the human health hazard.

AB483, s. 196 Section 196. 254.59 (3m) of the statutes is created to read:

AB483,33,19 254.59 (3m) Abatement or removal by court action. If an owner or occupant fails to comply with an order under sub. (2), and if the local health officer or his or her designee determines that the nature of the human health hazard does not pose an immediate threat to the health of an individual or the public if not abated or removed under sub. (3), the local health officer or designee may report this fact to the attorney for the applicable city, town, village, or county, who may initiate court action to abate the human health hazard.

AB483, s. 197 Section 197. 254.59 (4) of the statutes is repealed.