938.38 (4) (f) (intro.) A description of the services that will be provided to the juvenile, the juvenile's family, and the juvenile's foster parent, the juvenile's treatment foster parent, the operator of the facility where the juvenile is living, or the relative with whom the juvenile is living to carry out the dispositional order, including services planned to accomplish all of the following:
SECTION 302. 938.38 (5) (b) of the statutes is amended to read:
938.38 (5) (b) The court or the agency shall notify the parents of the juvenile, the juvenile, if he or she is 10 years of age or older, and the juvenile's foster parent, the juvenile's treatment foster parent, the operator of the facility in which the juvenile is living, or the relative with whom the juvenile is living of the date, time, and place of the review, of the issues to be determined as part of the review, and of the fact that they may have an opportunity to be heard at the review by submitting written comments not less than 10 working days before the review or by participating at the review. The court or agency shall notify the person representing the interests of the public, the juvenile's counsel, and the juvenile's guardian ad litem of the date of the review, of the issues to be determined as part of the review, and of the fact that they may submit written comments not less than 10 working days before the review. The notices under this paragraph shall be provided in writing not less than 30 days before the review and copies of the notices shall be filed in the juvenile's case record.
SECTION 303. 938.38 (5) (e) of the statutes is amended to read:
938.38 (5) (e) Within 30 days, the agency shall prepare a written summary of the determinations under par. (c) and shall provide a copy to the court that entered the order, the juvenile or the juvenile's counsel or guardian ad litem, the person representing the interests of the public, the juvenile's parent or guardian and the juvenile's foster parent, the juvenile's treatment foster parent or the operator of the facility where the juvenile is living.
SECTION 304. 938.38 (5m) (b) of the statutes is amended to read:
938.38 (5m) (b) Not less than 30 days before the date of the hearing, the court shall notify the juvenile; the juvenile's parent, guardian, and legal custodian; the juvenile's foster parent or treatment foster parent, the operator of the facility in which the juvenile is living, or the relative with whom the juvenile is living; the juvenile's counsel, and the juvenile's guardian ad litem; the agency that prepared the permanency plan; and the person representing the interests of the public of the date, time, and place of the hearing.
SECTION 305. 938.38 (5m) (c) of the statutes is amended to read:
938.38 (5m) (c) Any person who is provided notice of the hearing may have an opportunity to be heard at the hearing by submitting written comments relevant to the determinations specified in sub. (5) (c) not less than 10 working days before the date of the hearing or by participating at the hearing. A foster parent, treatment foster parent, operator of a facility in which a juvenile is living, or relative with whom a juvenile is living who receives notice of a hearing under par. (b) and an opportunity to be heard under this paragraph does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and opportunity to be heard.
SECTION 306. 938.38 (5m) (e) of the statutes is amended to read:
938.38 (5m) (e) After the hearing, the court shall make written findings of fact and conclusions of law relating to the determinations under sub. (5) (c) and shall provide a copy of those findings of fact and conclusions of law to the juvenile; the juvenile's parent, guardian, and legal custodian; the juvenile's foster parent or treatment foster parent, the operator of the facility in which the juvenile is living, or the relative with whom the juvenile is living; the agency that prepared the permanency plan; and the person representing the interests of the public. The court shall make the findings specified in sub. (5) (c) 7. on a case-by-case basis based on circumstances specific to the juvenile and shall document or reference the specific information on which those findings are based in the findings of fact and conclusions of law prepared under this paragraph. Findings of fact and conclusions of law that merely reference sub. (5) (c) 7. without documenting or referencing that specific information in the findings of fact and conclusions of law or amended findings of fact and conclusions of law that retroactively correct earlier findings of fact and conclusions of law that do not comply with this paragraph are not sufficient to comply with this paragraph.
SECTION 307. 938.48 (4) of the statutes is amended to read:
938.48 (4) CARE, TRAINING, AND PLACEMENT. Provide appropriate care and training for juveniles under its supervision under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (4), including serving those juveniles in their own homes, placing them in licensed foster homes or licensed treatment foster homes or licensed group homes under s. 48.63, contracting for their care by licensed child welfare agencies, or replacing them in juvenile correctional facilities or secured residential care centers for children and youth in accordance with rules promulgated under ch. 227, except that the department may not purchase the educational component of private day treatment programs for a juvenile in its custody unless the department, the school board, as defined in s. 115.001 (7), and the state superintendent of public instruction all determine that an appropriate public education program is not available for the juvenile. Disputes between the department and the school district shall be resolved by the state superintendent of public instruction.
SECTION 308. 938.52 (1) (b) of the statutes is amended to read:
938.52 (1) (b) Foster homes or treatment foster homes.
SECTION 309. 938.538 (3) (a) 1p. of the statutes is amended to read:
938.538 (3) (a) 1p. Alternate care, including placement in a foster home, treatment foster home, group home, residential care center for children and youth, or secured residential care center for children and youth.
SECTION 310. 938.57 (1) (c) of the statutes is amended to read:
938.57 (1) (c) Provide appropriate protection and services for juveniles in its care, including providing services for juveniles and their families in their own homes, placing the juveniles in licensed foster homes, licensed treatment foster homes, or licensed group homes in this state or another state within a reasonable proximity to the agency with legal custody, placing the juveniles in the homes of guardians under s. 48.977 (2), contracting for services for them by licensed child welfare agencies, or replacing them in juvenile correctional facilities or secured residential care centers for children and youth in accordance with rules promulgated under ch. 227, except that the county department may not purchase the educational component of private day treatment programs unless the county department, the school board, as defined in s. 115.001 (7), and the state superintendent of public instruction determine that an appropriate public education program is not available. Disputes between the county department and the school district shall be resolved by the state superintendent of public instruction.
SECTION 311. 938.57 (3) (a) 4. of the statutes is amended to read:
938.57 (3) (a) 4. Is living in a foster home, treatment foster home, group home, residential care center for children and youth, or subsidized guardianship home under s. 48.62 (5).
SECTION 312. 940.201 (1) (a) of the statutes is amended to read:
940.201 (1) (a) "Family member" means a spouse, child, stepchild, foster child, treatment foster child, parent, sibling, or grandchild.
SECTION 313. 940.203 (1) (a) of the statutes is amended to read:
940.203 (1) (a) "Family member" means a parent, spouse, sibling, child, stepchild, foster child or treatment foster child.
SECTION 314. 940.205 (1) of the statutes is amended to read:
940.205 (1) In this section, "family member" means a parent, spouse, sibling, child, stepchild, foster child or treatment foster child.
SECTION 315. 940.207 (1) of the statutes is amended to read:
940.207 (1) In this section, "family member" means a parent, spouse, sibling, child, stepchild, foster child or treatment foster child.
SECTION 316. 940.43 (1) of the statutes is amended to read:
940.43 (1) Where the act is accompanied by force or violence or attempted force or violence, upon the witness, or the spouse, child, stepchild, foster child, treatment foster child, parent, sibling, or grandchild of the witness, or any person sharing a common domicile with the witness.
SECTION 317. 940.45 (1) of the statutes is amended to read:
940.45 (1) Where the act is accompanied by force or violence or attempted force or violence, upon the victim, or the spouse, child, stepchild, foster child, treatment foster child, parent, sibling, or grandchild of the victim, or any person sharing a common domicile with the victim.
SECTION 318. 943.011 (1) (a) of the statutes is amended to read:
943.011 (1) (a) "Family member" means a spouse, child, stepchild, foster child, treatment foster child, parent, sibling, or grandchild.
SECTION 319. 943.013 (1) (a) of the statutes is amended to read:
943.013 (1) (a) "Family member" means a parent, spouse, sibling, child, stepchild, foster child or treatment foster child.
SECTION 320. 943.015 (1) of the statutes is amended to read:
943.015 (1) In this section, "family member" means a parent, spouse, sibling, child, stepchild, foster child or treatment foster child.
SECTION 321. 943.017 (2m) (a) 1. of the statutes is amended to read:
943.017 (2m) (a) 1. "Family member" means a spouse, child, stepchild, foster child, treatment foster child, parent, sibling, or grandchild.
SECTION 322. 948.01 (3) of the statutes is amended to read:
948.01 (3) "Person responsible for the child's welfare" includes the child's parent; stepparent; guardian; foster parent; treatment foster parent; an employee of a public or private residential home, institution, or agency; other person legally responsible for the child's welfare in a residential setting; or a person employed by one legally responsible for the child's welfare to exercise temporary control or care for the child.
SECTION 323. 948.085 (1) of the statutes is amended to read:
948.085 (1) Has sexual contact or sexual intercourse with a child for whom the actor is a foster parent or treatment foster parent.
SECTION 324. 949.06 (1m) (a) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:
949.06 (1m) (a) In this subsection, "family member" means any spouse, state-registered domestic partner under s. 770.05, parent, grandparent, stepparent, child, stepchild, adopted child, grandchild, foster child, treatment foster child, brother, sister, half brother, half sister, aunt, uncle, nephew, niece, or parent or sibling of spouse or of a state-registered domestic partner under s. 770.05.
****NOTE: This is reconciled s. 949.06 (1m). This SECTION has been affected by drafts with the following LRB numbers: LRB-0884/2 and LRB-1308/P3.
SECTION 325. 973.017 (6) (a) of the statutes is amended to read:
973.017 (6) (a) In this subsection, "person responsible for the welfare of the child" includes the child's parent, stepparent, guardian, foster parent, or treatment foster parent; an employee of a public or private residential home, institution, or agency; any other person legally responsible for the child's welfare in a residential setting; or a person employed by one who is legally responsible for the child's welfare to exercise temporary control or care for the child.
SECTION 9108. Nonstatutory provisions; Children and Families.
(1) FOSTER CARE LEVELS OF CARE.
(a) Transition. Notwithstanding section 48.62 (1) of the statutes, as affected by this act, beginning on January 1, 2010, a person who on December 31, 2009, is licensed to operate a treatment foster home under section 48.62 (1) (b), 2007 stats., is considered to be licensed to operate a foster home under section 48.62 (1) of the statutes, as affected by this act, for the remainder of the term of the treatment foster home license under section 48.66 (1) (c), 2007 stats., or 48.75 (1r), 2007 stats., and a person who on December 31, 2009, is receiving kinship care payments under section 48.57 (3m), 2007 stats., or long-term kinship care payments under section 48.57 (3n), 2007 stats., for the care and maintenance of a child and who is not ineligible for a license to operate a foster home for a reason specified in section 48.685 (4m) (a) 1. to 5. of the statutes is considered to be licensed to operate a foster home under section 48.62 (1) of the statutes, as affected by this act, until the time when the next review of the child's placement would have taken place under section 48.57 (3m) (d), 2007 stats., or 48.57 (3n) (d), 2007 stats. Beginning on January 1, 2010, the department of children and families, the department of corrections, or a county department of human or social services shall reimburse a person who under this paragraph is considered to be licensed to operate a foster home at the appropriate rate determined by that department or county department under the rules promulgated by the department of children and families under section 48.62 (8) (c) of the statutes, as affected by this act.
(b) Rules.
1. 'Permanent rules.' The department of children and families shall submit in proposed form the rules required under section 48.62 (8) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 3rd month beginning after the effective date of this subdivision.
2. 'Emergency rules.' The department of children and families may promulgate the rules required under section 48.62 (8) of the statutes, as created by this act, as emergency rules under section 227.24 of the statutes. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this subdivision remain in effect until the date on which the rules submitted under subdivision 1. take effect. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subdivision as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subdivision.
SECTION 9408. Effective dates; Children and Families.
(1) FOSTER CARE LEVELS OF CARE. The repeal of sections 48.02 (17q), 48.40 (1m), 48.48 (17) (a) 10., 48.57 (3m), 48.57 (3n), 48.57 (3p), 48.57 (3t), 48.62 (1) (b), 49.001 (7), 49.155 (1m) (c) 1h., 49.46 (1) (a) 16., 50.065 (1) (c) 2., 619.01 (1) (c) 4m., 619.01 (9m), 767.57 (1m) (cm), 895.485 (1) (c), and 938.02 (17q) of the statutes, the renumbering of section 48.62 (1) (a) of the statutes, the amendment of sections 20.410 (3) (ho) (by SECTION 1), 20.437 (1) (b), 20.437 (1) (cf), 20.437 (1) (dd) (by SECTION 4), 20.437 (1) (pd) (by SECTION 5), 20.437 (2) (jm), 20.437 (2) (r), 46.10 (14) (a), 46.10 (14) (b), 46.21 (2) (j), 46.56 (8) (L), 46.56 (15) (b) 4., 46.985 (1) (f), 48.01 (1) (gg), 48.02 (6), 48.195 (2) (d) 5., 48.207 (1) (c), 48.207 (1) (f), 48.207 (3), 48.21 (5) (d) 2., 48.21 (5) (d) 3., 48.27 (3) (a) 1., 48.27 (3) (a) 1m., 48.27 (3) (a) 2., 48.27 (6), 48.299 (1) (ag), 48.299 (1) (ar), 48.32 (1) (c) 2., 48.32 (1) (c) 3., 48.33 (4) (intro.), 48.33 (5), 48.335 (3g) (intro.), 48.345 (3) (c), 48.355 (2) (b) 2., 48.355 (2d) (c) 2., 48.355 (2d) (c) 3., 48.355 (4), 48.357 (1) (am) 1., 48.357 (2m) (b), 48.357 (2r), 48.357 (2v) (c) 2., 48.357 (2v) (c) 3., 48.363 (1) (b), 48.363 (1m), 48.365 (2), 48.365 (2m) (ad) 2., 48.365 (2m) (ag), 48.371 (1) (intro.), 48.371 (1) (a), 48.371 (3) (intro.), 48.371 (3) (d), 48.371 (5), 48.375 (4) (a) 1., 48.375 (4) (b) 1m., 48.375 (4) (b) 3., 48.375 (7) (f), 48.38 (2) (intro.), 48.38 (2) (g), 48.38 (4) (d) (intro.), 48.38 (4) (f) (intro.), 48.38 (5) (b), 48.38 (5) (e), 48.38 (5m) (b), 48.38 (5m) (c), 48.38 (5m) (e), 48.42 (2) (d), 48.42 (2g) (a), 48.42 (2g) (am), 48.42 (2g) (b), 48.427 (1m), 48.427 (3m) (a) 5., 48.427 (3m) (am), 48.428 (2) (a), 48.428 (2) (b), 48.428 (4), 48.43 (5) (b), 48.43 (5m), 48.48 (9), 48.48 (17) (a) 3., 48.48 (17) (a) 8., 48.48 (17) (c) 4. (by SECTION 84), 48.481 (1) (a), 48.52 (1) (a), 48.52 (1) (b), 48.52 (1) (c), 48.569 (1) (d), 48.57 (1) (c), 48.57 (1) (hm), 48.57 (1) (i), 48.57 (3) (a) 4., 48.60 (2) (e), 48.61 (3), 48.61 (7), 48.615 (1) (b), subchapter XIV (title) of chapter 48 [precedes 48.619], 48.619, 48.62 (title), 48.62 (2), 48.62 (3), 48.62 (5) (a) (intro.), 48.62 (5) (c) 2., 48.62 (5) (d) (by SECTION 111), 48.62 (5) (e), 48.62 (6), 48.62 (7), 48.625 (3), 48.627 (title), 48.627 (2) (a), 48.627 (2c), 48.627 (2m), 48.627 (2s) (a), 48.627 (2s) (b), 48.627 (3) (b), 48.627 (3) (d), 48.627 (3) (e), 48.627 (3) (f), 48.627 (3) (h), 48.627 (4), 48.627 (5), 48.63 (1), 48.63 (3) (b) 2., 48.63 (4), 48.64 (title), 48.64 (1), 48.64 (1m), 48.64 (1r), 48.64 (2), 48.64 (4) (a), 48.64 (4) (c), 48.645 (1) (a), 48.645 (2) (a) 1., 48.645 (2) (a) 3., 48.645 (2) (a) 4., 48.645 (2) (b), subchapter XVI (title) of chapter 48 [precedes 48.66], 48.66 (1) (a), 48.66 (1) (c), 48.67 (intro.), 48.675 (1), 48.675 (2), 48.675 (3) (intro.), 48.675 (3) (a), 48.68 (1), 48.685 (1) (b), 48.685 (2) (c) 1., 48.685 (2) (c) 2., 48.685 (4m) (a) (intro.) (by SECTION 157), 48.685 (4m) (ad) (by SECTION 158), 48.685 (5) (bm) (intro.), 48.685 (5m) (by SECTION 160), 48.685 (6) (a) (by SECTION 161), 48.70 (2), 48.73, 48.75 (title), 48.75 (1d), 48.75 (1r), 48.75 (2), 48.833 (1), 48.833 (2), 48.837 (1), 48.837 (1r) (b), 48.88 (2) (am) 1., 48.88 (2) (am) 2., 48.975 (3) (a) 1., 48.975 (3) (a) 2., 48.98 (1), 48.98 (2) (a), 48.981 (3) (d) 1., 48.981 (7) (a) 4., 48.986 (4), 49.136 (1) (m), 49.155 (1) (c), 49.155 (1m) (a) (intro.), 49.155 (1m) (a) 1m. b., 49.155 (1m) (bm), 49.155 (1m) (c) 1. (intro.) (by SECTION 187), 49.175 (1) (s), 49.19 (1) (a) 2. b., 49.19 (4e) (a), 49.19 (10) (a), 49.19 (10) (c), 49.19 (10) (d), 49.19 (10) (e), 49.22 (6), 49.22 (7m), 49.32 (9) (a), 49.34 (1), 49.345 (14) (a), 49.345 (14) (b), 49.45 (3) (e) 7., 49.46 (1) (a) 5., 49.46 (1) (d) 1., 49.471 (4) (a) 5., 49.96, 50.01 (1) (a) 1., 50.01 (1) (a) 2., 59.69 (15) (intro.) (by SECTION 211), 59.69 (15) (bm), 60.63 (intro.) (by SECTION 213), 60.63 (3), 62.23 (7) (i) (intro.) (by SECTION 215), 62.23 (7) (i) 2m., 103.10 (1) (a) (intro.), 103.10 (1) (f) (by SECTION 218), 118.175 (1), 121.79 (1) (d) (intro.), 121.79 (1) (d) 2., 121.79 (1) (d) 3., 146.82 (2) (a) 18m., 167.10 (7), 252.15 (5) (a) 19., 253.10 (3) (c) 2. c., 301.12 (14) (a), 301.12 (14) (b), 301.26 (4) (d) 2. (by SECTION 229), 301.26 (4) (d) 3. (by SECTION 230), 301.26 (4) (e), 301.26 (4) (ed), 301.46 (4) (a) 6., 343.15 (4) (a) 3., 619.01 (1) (a), 619.01 (1) (c) 1., 619.01 (9), 767.205 (2) (a) 3., 767.205 (2) (a) 4., 767.407 (1) (c) 1., 767.41 (3) (c), 767.521 (intro.), 767.55 (3) (a) 2., 767.57 (2), 767.57 (4), 767.59 (1c) (a) (intro.), 767.87 (6) (a), 767.87 (6) (b), 786.37 (3), 809.105 (13), 895.485 (title), 895.485 (2) (intro.), 895.485 (2) (a), 895.485 (2) (b), 895.485 (3), 895.485 (4) (intro.), 895.485 (4) (a), 938.02 (6), 938.207 (1) (c), 938.207 (1) (f), 938.21 (5) (d) 2., 938.21 (5) (d) 3., 938.27 (3) (a) 1., 938.27 (3) (a) 1m., 938.27 (3) (a) 2., 938.27 (6), 938.299 (1) (ag), 938.32 (1) (d) 2., 938.32 (1) (d) 3., 938.33 (4) (intro.), 938.33 (5), 938.335 (3g) (intro.), 938.34 (3) (c), 938.355 (2) (b) 2., 938.355 (2d) (c) 2., 938.355 (2d) (c) 3., 938.355 (4) (a), 938.357 (1) (am) 1., 938.357 (1) (am) 2., 938.357 (2m) (b), 938.357 (2r), 938.357 (2v) (c) 2., 938.357 (2v) (c) 3., 938.357 (6), 938.363 (1) (b), 938.363 (1m), 938.365 (2), 938.365 (2m) (ad) 2., 938.365 (2m) (ag), 938.365 (5), 938.371 (1) (intro.), 938.371 (1) (a), 938.371 (3) (intro.), 938.371 (3) (d), 938.38 (2) (intro.), 938.38 (4) (f) (intro.), 938.38 (5) (b), 938.38 (5) (e), 938.38 (5m) (b), 938.38 (5m) (c), 938.38 (5m) (e), 938.48 (4), 938.52 (1) (b), 938.538 (3) (a) 1p., 938.57 (1) (c), 938.57 (3) (a) 4., 940.201 (1) (a), 940.203 (1) (a), 940.205 (1), 940.207 (1), 940.43 (1), 940.45 (1), 943.011 (1) (a), 943.013 (1) (a), 943.015 (1), 943.017 (2m) (a) 1., 948.01 (3), 948.085 (1), 949.06 (1m) (a) (by SECTION 324), and 973.017 (6) (a) of the statutes, and the creation of section 48.62 (8) of the statutes and SECTION 9108 (1) (a) of this act take effect on January 1, 2010.
(End)
LRB-0949LRB-0949/2
MDK:kjf:rs
2009 - 2010 LEGISLATURE
DOA:......Miner, BB0201 - Telecommunications assessments for consumer protection
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
State Government
Public utility regulation
Under current law, DATCP enforces certain requirements that apply to advertising, sales representations, and sales and collection practices of telecommunications providers, including telecommunications utilities subject to varying degrees of regulation by the PSC. DATCP's enforcement of the requirements is funded, in general, by general purpose revenues. Under this bill, DATCP's enforcement of the requirements is funded by annual assessments paid by telecommunications utilities, except for telecommunications utilities that are regulated as alternative telecommunications utilities and wireless telephone companies. The bill requires the PSC to assess telecommunications utilities in proportion to their gross operating revenues.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.115 (1) (jm) of the statutes is created to read:
20.115 (1) (jm) Telecommunications utility trade practices. The amounts in the schedule for the administration of s. 100.207. All moneys received under s. 196.859 shall be credited to this appropriation account.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 2. 196.859 of the statutes is created to read:
196.859 Assessment for telecommunications utility trade practices. (1) The commission shall annually assess against telecommunications utilities the total of the amount appropriated under s. 20.115 (1) (jm).
(2) The commission shall assess a sum equal to the annual total amount under sub. (1) to telecommunications utilities in proportion to their gross operating revenues during the last calendar year. A telecommunications utility shall pay the assessment within 30 days after the bill has been mailed to the assessed telecommunications utility. The bill constitutes notice of the assessment and demand of payment. Payments shall be credited to the appropriation account under s. 20.115 (1) (jm).
(3) Section 196.85 (3) to (8), as it applies to assessments under s. 196.85 (1) or (2), applies to assessments under this section.
(4) A telecommunications utility may not recover the assessment under this section by billing a customer for the assessment on a separate line in a billing statement.
(End)
LRB-0956LRB-0956/2
TJD:wlj:jf
2009 - 2010 LEGISLATURE
DOA:......Palchik, BB0237 - Cancer researcher access to cancer registry data
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: permitting a researcher, under certain conditions, access to cancer information reported to the Department of Health and Family Services, prohibiting certain other use or redisclosure of the information, creating civil liability for violation of the prohibitions, making an appropriation, and providing penalties.
Analysis by the Legislative Reference Bureau
Health and human services
Health
Under current law, with few exceptions, a patient's health information must remain confidential unless the patient gives informed consent to release that information. Hospitals, physicians, and certain laboratories, however, must report to DHS information concerning any person diagnosed as having cancer or a precancerous condition. DHS may not disclose any information that could identify the patient except to the national tumor registry or to a central tumor registry in another state, if the patient resides in that state.
This bill allows DHS to disclose to certain researchers otherwise confidential cancer report information. To obtain the information, a researcher must submit an application with his or her qualifications, a written research protocol, documentation of approval of the protocol by an institutional review board, and any information that DHS requests. The proposed research must study cancer, cancer prevention, or cancer control. DHS may charge a fee for providing information to the researcher.
The bill prohibits the researcher from disclosing the cancer information obtained from DHS except in certain circumstances. Anyone who discloses a patient's confidential cancer information is liable to that patient for actual damages and costs plus exemplary damages of up to $1,000 for a negligent violation and up to $5,000 for an intentional violation. Anyone disclosing a patient's confidential information is subject to a fine of $15,000 or imprisonment of not more than one year in the county jail or both and is subject to a forfeiture assessed by DHS of up to $100 for each violation.
Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report concerning the proposed penalty and the costs or savings that are likely to result if the bill is enacted.
