AB68: Bill Text

AB68,1247,8 (10) Allocation of funds. (a) Determination of eligible applications. At the beginning of each fiscal year the department shall determine the state grant share for applications from eligible owners received by participating governmental units. The department may revise this determination if a governmental unit does not meet the conditions specified under sub. (8) or if it determines that individuals do not meet eligibility requirements under sub. (3).

AB68,1247,11 (b) Allocation. The department shall allocate available funds for grants to each participating governmental unit according to the total amount of the state grant share for all eligible applications received by that governmental unit.

AB68,1247,14 (c) Limitation; commercial establishments. The department may not allocate more than 10 percent of the funds available under this subsection each fiscal year for grants for small commercial establishments.

AB68,1247,18 (d) Limitation; experimental private on-site wastewater treatment systems. The department may not allocate more than 10 percent of the funds available under this subsection each fiscal year for grants for the installation and monitoring of experimental private on-site wastewater treatment systems.

AB68,1247,21 (11) Prorating. (a) Except as provided in par. (d), the department shall prorate available funds under this subsection if funds are not sufficient to fully fund all applications. A prorated payment shall be deemed full payment of the grant.

AB68,1247,25 (b) Except as provided in par. (d), if funds are sufficient to fully fund all category 1 but not all category 2 failing private on-site wastewater treatment systems, the department shall fully fund all category 1 systems and prorate the funds for category 2 systems on a proportional basis.

AB68,1248,4 (c) Except as provided in par. (d), if funds are not sufficient to fully fund all category 1 failing private on-site wastewater treatment systems, the department shall fund the category 1 systems on a proportional basis and deny the grant applications for all category 2 systems.

AB68,1248,7 (d) The department is not required to prorate available funds for grants for the installation and monitoring of experimental private on-site wastewater treatment systems.

AB68,1248,11 (12) Determination of eligibility; disbursement of grants. (a) The department shall review applications for participation in the state program submitted under sub. (7). The department shall determine if a governmental unit submitting an application meets the conditions specified under sub. (8).

AB68,1248,13 (b) The department shall promulgate rules which shall define payment mechanisms to be used to disburse grants to a governmental unit.

AB68,1248,18 (13) Inspection. Agents of the department or the governmental unit may enter premises where private on-site wastewater treatment systems are located pursuant to a special inspection warrant as required under s. 66.0119, to collect samples, records and information and to ascertain compliance with the rules and orders of the department or the governmental unit.

AB68,1248,21 (14) Enforcement. (a) If the department has reason to believe that a violation of this section or any rule promulgated under this section has occurred, it may do any of the following:

AB68,1249,6 1. Cause written notice to be served upon the alleged violator. The notice shall specify the alleged violation, and contain the findings of fact on which the charge of violation is based, and may include an order that necessary corrective action be taken within a reasonable time. This order shall become effective unless, no later than 30 days after the date the notice and order are served, the person named in the notice and order requests in writing a hearing before the department. Upon this request and after due notice, the department shall hold a hearing. Instead of an order, the department may require that the alleged violator appear before the department for a hearing at a time and place specified in the notice and answer the charges complained of.

AB68,1249,7 2. Initiate action under sub. (15).

AB68,1249,14 (b) If after the hearing the department finds that a violation has occurred, it shall affirm or modify its order previously issued, or issue an appropriate order for the prevention, abatement or control of the violation or for other corrective action. If the department finds that no violation has occurred, it shall rescind its order. Any order issued as part of a notice or after hearing may prescribe one or more dates by which necessary action shall be taken in preventing, abating or controlling the violation.

AB68,1249,19 (c) Additional grants under this section to a governmental unit previously awarded a grant under this section may be suspended or terminated if the department finds that a private on-site wastewater treatment system previously funded in the governmental unit is not being or has not been properly rehabilitated, constructed, installed or maintained.

AB68,1249,23 (15) Penalties. Any person who violates this section or a rule or order promulgated under this section shall forfeit not less than $10 nor more than $5,000 for each violation. Each day of continued violation is a separate offense. While an order is suspended, stayed or enjoined, this penalty does not accrue.

AB68,2275 Section 2275 . 146.34 (1) (f) of the statutes is amended to read:

AB68,1250,6 146.34 (1) (f) “Parent" means a biological natural parent, a husband who has consented to the artificial insemination of his wife under s. 891.40 or a parent by adoption. If the minor is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.803, “parent" includes a person adjudged in a judicial proceeding under ch. 48 to be the biological father of the minor. “Parent" does not include any person whose parental rights have been terminated.

AB68,2276 Section 2276 . 146.81 (1) (c) of the statutes is amended to read:

AB68,1250,8 146.81 (1) (c) A dentist or dental therapist licensed under ch. 447.

AB68,2277 Section 2277 . 146.81 (5) of the statutes is amended to read:

AB68,1250,23 146.81 (5) “Person authorized by the patient" means the parent, guardian, or legal custodian of a minor patient, as defined in s. 48.02 (8) and (11), the person vested with supervision of the child under s. 938.183 or 938.34 (4d) , (4h), (4m), or (4n), the guardian of a patient adjudicated incompetent in this state, the personal representative, spouse, or domestic partner under ch. 770 of a deceased patient, any person authorized in writing by the patient or a health care agent designated by the patient as a principal under ch. 155 if the patient has been found to be incapacitated under s. 155.05 (2), except as limited by the power of attorney for health care instrument. If no spouse or domestic partner survives a deceased patient, “person authorized by the patient" also means an adult member of the deceased patient's immediate family, as defined in s. 632.895 (1) (d). A court may appoint a temporary guardian for a patient believed incompetent to consent to the release of records under this section as the person authorized by the patient to decide upon the release of records, if no guardian has been appointed for the patient.

AB68,2278 Section 2278 . 146.81 (5) of the statutes, as affected by 2021 Wisconsin Act .... (this act), is amended to read:

AB68,1251,14 146.81 (5) “Person authorized by the patient" means the parent, guardian, or legal custodian of a minor patient, as defined in s. 48.02 (8) and (11), the person vested with supervision of the child under s. 938.183 or 938.34 (4d), (4m), or (4n), the guardian of a patient adjudicated incompetent in this state, the personal representative, spouse, or domestic partner under ch. 770 of a deceased patient, any person authorized in writing by the patient or a health care agent designated by the patient as a principal under ch. 155 if the patient has been found to be incapacitated under s. 155.05 (2), except as limited by the power of attorney for health care instrument. If no spouse or domestic partner survives a deceased patient, “person authorized by the patient" also means an adult member of the deceased patient's immediate family, as defined in s. 632.895 (1) (d). A court may appoint a temporary guardian for a patient believed incompetent to consent to the release of records under this section as the person authorized by the patient to decide upon the release of records, if no guardian has been appointed for the patient.

AB68,2279 Section 2279. 146.82 (4) (b) 2. a. of the statutes is amended to read:

AB68,1251,20 146.82 (4) (b) 2. a. A member of the patient's immediate family, another relative of the patient, a close personal friend of the patient, a caregiver designated under s. 50.379, or an individual identified by the patient, that portion that is directly relevant to the involvement by the member, relative, friend, caregiver designated under s. 50.379, or individual in the patient's care.

AB68,2280 Section 2280. 146.82 (4) (c) of the statutes is created to read:

AB68,1251,25 146.82 (4) (c) Notwithstanding subs. (1) and (4) (b), a health care provider may provide a caregiver who is designated under s. 50.379, and who is otherwise permitted access to a portion of a patient health care record under this subsection, with a copy of any written discharge plan issued under s. 50.379 (4) and (5).

AB68,2281 Section 2281. 146.89 (1) (d) 2. of the statutes is amended to read:

AB68,1252,7 146.89 (1) (d) 2. A private school, as defined in s. 115.001 (3r), that participates in the choice program under s. 118.60 or the Milwaukee Parental Choice Program under s. 119.23 or that, pursuant to s. 115.999 (3), 119.33 (2) (c) 3., or 119.9002 (3) (c), is responsible for the operation and general management of a school transferred to an opportunity schools and partnership program under s. 119.33, subch. IX of ch. 115, or subch. II of ch. 119.

AB68,2282 Section 2282. 146.89 (1) (g) 1. of the statutes is amended to read:

AB68,1252,11 146.89 (1) (g) 1. A public elementary school, including an elementary school transferred to an opportunity schools and partnership program under s. 119.33, subch. IX of ch. 115, or subch. II of ch. 119.

AB68,2283 Section 2283 . 146.89 (1) (r) 1. of the statutes is amended to read:

AB68,1252,17 146.89 (1) (r) 1. Licensed as a physician under ch. 448, a dentist, dental therapist, or dental hygienist under ch. 447, a registered nurse, practical nurse, or nurse-midwife under ch. 441, an optometrist under ch. 449, a physician assistant under ch. 448, a pharmacist under ch. 450, a chiropractor under ch. 446, a podiatrist under subch. IV of ch. 448, or a physical therapist under subch. III of ch. 448.

AB68,2284 Section 2284 . 146.89 (1) (r) 5. of the statutes is amended to read:

AB68,1252,24 146.89 (1) (r) 5. An individual who holds a valid, unexpired license, certification, or registration issued by another state or territory that authorizes or qualifies the individual to perform acts that are substantially the same as those acts that an individual who is described in subds. 1. to 4., except a dentist , dental therapist, or dental hygienist, is licensed or certified to perform and who performs acts that are within the scope of that license, certification, or registration.

AB68,2285 Section 2285 . 146.89 (3) (b) 8. of the statutes is amended to read:

AB68,1253,5 146.89 (3) (b) 8. Dental services, including tooth extractions and other procedures done under local anesthesia only and any necessary suturing related to the extractions, performed by a dentist or dental therapist who is a volunteer health provider; and dental hygiene services, performed by a dental hygienist who is a volunteer health provider.

AB68,2286 Section 2286 . 146.89 (3m) (intro.) of the statutes is amended to read:

AB68,1253,10 146.89 (3m) (intro.) A volunteer health care provider who is a dentist or dental therapist may provide dental services or a volunteer health care provider who is a dental hygienist may provide dental hygiene services, to persons who are recipients of Medical Assistance, if all of the following apply:

AB68,2287 Section 2287 . 146.997 (1) (d) 3. of the statutes is amended to read:

AB68,1253,12 146.997 (1) (d) 3. A dentist or dental therapist licensed under ch. 447.

AB68,2288 Section 2288 . Subchapter III of chapter 153 [precedes 153.85] of the statutes is created to read:

AB68,1253,15 Chapter 153

AB68,1253,16 Subchapter III

AB68,1253,18 Opioid and METHAMPHETAMINE data

AB68,1253,21 153.85 Definition; opioid and methamphetamine data. In this subchapter, “vendor” means a person awarded the contract following a request for proposals described under s. 153.87.

AB68,1254,2 153.87 Opioid and methamphetamine data system. (1) Subject to sub. (3), the department of administration shall issue a request for proposals to establish and maintain an opioid and methamphetamine data system to collect, format, analyze, and disseminate information on opioid and methamphetamine use, which shall include all of the following:

AB68,1254,4 (a) Hospital discharge data from visits and stays related to opioid use or overdose.

AB68,1254,6 (b) Hospital discharge data from visits and stays related to methamphetamine use or overdose.

AB68,1254,8 (c) Records of hospitals diverting patients to other facilities to address opioid use or overdose.

AB68,1254,10 (d) Records of hospitals diverting patients to other facilities to address methamphetamine use or overdose.

AB68,1254,11 (e) Ambulance service run data related to opioid use or overdose.

AB68,1254,14 (f) The number of opioid-related overdoses in the state, the number of individuals who overdose on opioids, and the opioids on which the individuals overdose.

AB68,1254,17 (g) The number of methamphetamine-related overdoses in the state, the number of individuals who overdose on methamphetamines, and the forms of methamphetamines on which the individuals overdose.

AB68,1254,18 (h) Death records related to opioid use or overdose.

AB68,1254,19 (i) Death records related to methamphetamine use or overdose.

AB68,1254,21 (j) The number of opioid treatment centers in the state, by the owner or operator of each opioid treatment center.

AB68,1254,23 (k) The number of methamphetamine treatment centers in the state, by the owner or operator of each methamphetamine treatment center.

AB68,1255,3 (L) The number of providers in this state that are allowed to prescribe a drug that is a combination of buprenorphine and naloxone, the patient capacity for those prescribers, the number of patients taking such a combination drug, and the number of patients who have discontinued such a combination drug due to successful completion of a treatment program.

AB68,1255,8 (m) The number of methadone clinics in the state, the number of patients taking methadone, the number of patients who more than once have been on courses of methadone, the number of patients who have discontinued methadone use due to successful completion of a treatment program, and the number of patients who are receiving methadone treatment for each of the following durations:

AB68,1255,9 1. Longer than 12 months.

AB68,1255,10 2. Longer than 3 years.

AB68,1255,11 3. Longer than 4 years.

AB68,1255,12 4. Longer than 5 years.

AB68,1255,13 5. Longer than 8 years.

AB68,1255,14 6. Longer than 10 years.

AB68,1255,17 (o) The amount of naloxone doses dispensed, the total number of naloxone doses administered, and the number of unique patients who have received doses of naloxone.

AB68,1255,19 (p) The number of adults in the state who use opioids, the extent to which those adults use opioids, and the type of opioids used.

AB68,1255,22 (q) The number of adults in the state who use methamphetamines, the extent to which those adults use methamphetamines, and the forms of methamphetamines used.

AB68,1255,24 (r) The number of minors in the state who use opioids, the extent to which those minors use opioids, and the type of opioids used.

AB68,1256,3 (s) The number of minors in the state who use methamphetamines, the extent to which those minors use methamphetamines, and the forms of methamphetamines used.

AB68,1256,7 (t) The number of minors who enter the child protective services system due to opioid use by a parent or guardian, length of time those minors are in out-of-home care, and the type of reporter who notified child protective services of the needs of the minor.

AB68,1256,15 (u) The number of persons who are incarcerated and who are receiving naltrexone for extended-release in injectable suspension, the number of persons who are on extended supervision or probation or on parole and who are receiving extended-release naltrexone, the total number of doses of extended-release naltrexone administered to persons who are incarcerated, on extended supervision or probation, or on parole in this state, and the length of time that persons who are incarcerated, on extended supervision or probation, or on parole are receiving extended-release naltrexone.

AB68,1256,17 (v) The number of arrests and convictions related to methadone and the number related to a drug that is a combination of buprenorphine and naloxone.

AB68,1256,18 (w) The number of arrests and convictions related to methamphetamines.

AB68,1256,22 (2) The opioid and methamphetamine data system under sub. (1) shall identify, to the extent possible, for sub. (1) (a), (b), (c), (d), (e), (f), (g), (h), (i), (L), (m), (p), (q), (r), (s), and (u) the number of individuals who have each of the following forms of health care coverage:

AB68,1256,23 (a) Public health care coverage under the Medical Assistance program.

AB68,1257,3 (b) Public health care coverage under Medicare, a veteran or military health plan, or another public form of coverage other than Medical Assistance, including any self-insured governmental health plan.

AB68,1257,4 (c) Private insurance or a private heath plan.

AB68,1257,5 (d) Self-coverage or uninsured.

AB68,1257,9 (3) The department of administration shall collaborate with and collect data from the departments of health services, corrections, justice, safety and professional services, and children and families and any other applicable agencies for the opioid and methamphetamine data system under sub. (1).

AB68,1257,15 (4) (a) The department of administration shall administer the contract with the vendor to operate the opioid and methamphetamine data system and shall have access to the data contained in the opioid and methamphetamine data system. The department of administration shall work with the vendor to disseminate information and advanced analytics from the opioid and methamphetamine data system in as close to real time as possible.

AB68,1257,19 (b) The opioid and methamphetamine data system shall allow the state agencies that submit data to the opioid and methamphetamine data system access to the data in the opioid and methamphetamine data system as appropriate for the agency to fulfill its functions and as allowed by state and federal confidentiality laws.

AB68,1257,25 153.89 Reports; opioid and methamphetamine data system. By January 1, 2023, and annually thereafter, the department of administration shall submit a report to the governor and, under s. 13.172 (3) to appropriate standing committees of the legislature., as determined by the speaker or president, summarizing the information from the opioid and methamphetamine data system under s. 153.87 (1) and analyzing trends in that information across years of data collection.

AB68,2289 Section 2289. 155.01 (7) of the statutes is amended to read:

AB68,1258,13 155.01 (7) “Health care provider" means a nurse licensed or permitted under ch. 441, a chiropractor licensed under ch. 446, a dentist or dental therapist licensed under ch. 447, a physician, physician assistant, perfusionist, podiatrist, physical therapist, physical therapist assistant, occupational therapist, or occupational therapy assistant licensed under ch. 448, a person practicing Christian Science treatment, an optometrist licensed under ch. 449, a psychologist licensed under ch. 455, a physical therapist or physical therapist assistant who holds a compact privilege under subch. IX of ch. 448, a partnership thereof, a corporation or limited liability company thereof that provides health care services, a cooperative health care association organized under s. 185.981 that directly provides services through salaried employees in its own facility, or a home health agency, as defined in s. 50.49 (1) (a).