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DHS 145.06 DHS 145.06 General statement of powers for control of communicable disease.

DHS 145.06(1) (1)  Applicability. The general powers under this section apply to all communicable diseases listed in Appendix A of this chapter and any other infectious disease which the chief medical officer deems poses a threat to the citizens of the state.

DHS 145.06(2) (2) Persons whose substantiated condition poses a threat to others. A person may be considered to have a contagious medical condition which poses a threat to others if that person has been medically diagnosed as having any communicable disease and exhibits any of the following:

DHS 145.06(2)(a) (a) A behavior which has been demonstrated epidemiologically to transmit the disease to others or which evidences a careless disregard for the transmission of the disease to others.

DHS 145.06(2)(b) (b) Past behavior that evidences a substantial likelihood that the person will transmit the disease to others or statements of the person that are credible indicators of the person's intent to transmit the disease to others.

DHS 145.06(2)(c) (c) Refusal to complete a medically directed regimen of examination and treatment necessary to render the disease noncontagious.

DHS 145.06(2)(d) (d) A demonstrated inability to complete a medically directed regimen of examination and treatment necessary to render the disease noncontagious, as evidenced by any of the following:

DHS 145.06(2)(d)1. 1. A diminished capacity by reason of use of mood-altering chemicals, including alcohol.

DHS 145.06(2)(d)2. 2. A diagnosis as having significantly below average intellectual functioning.

DHS 145.06(2)(d)3. 3. An organic disorder of the brain or a psychiatric disorder of thought, mood, perception, orientation or memory.

DHS 145.06(2)(d)4. 4. Being a minor, or having a guardian appointed under ch. 54, Stats., following documentation by a court that the person is incompetent.

DHS 145.06(2)(e) (e) Misrepresentation by the person of substantial facts regarding the person's medical history or behavior, which can be demonstrated epidemiologically to increase the threat of transmission of disease.

DHS 145.06(2)(f) (f) Any other willful act or pattern of acts or omission or course of conduct by the person which can be demonstrated epidemiologically to increase the threat of transmission of disease to others.

DHS 145.06(3) (3) Persons whose suspected condition poses a threat to others. A person may be suspected of harboring a contagious medical condition which poses a threat to others if that person exhibits any of the factors noted in sub. (2) and, in addition, demonstrates any of the following without medical evidence which refutes it:

DHS 145.06(3)(a) (a) Has been linked epidemiologically to exposure to a known case of communicable disease.

DHS 145.06(3)(b) (b) Has clinical laboratory findings indicative of a communicable disease.

DHS 145.06(3)(c) (c) Exhibits symptoms that are medically consistent with the presence of a communicable disease.

DHS 145.06(4) (4) Authority to control communicable diseases. When it comes to the attention of an official empowered under s. 250.02 (1), 250.04 (1) or 252.02 (4) and (6), Stats., or under s. 252.03 (1) and (2), Stats., that a person is known to have or is suspected of having a contagious medical condition which poses a threat to others, the official may direct that person to comply with any of the following, singly or in combination, as appropriate:

DHS 145.06(4)(a) (a) Participate in a designated program of education or counseling.

DHS 145.06(4)(b) (b) Participate in a defined program of treatment for the known or suspected condition.

DHS 145.06(4)(c) (c) Undergo examination and tests necessary to identify a disease, monitor its status or evaluate the effects of treatment on it.

DHS 145.06(4)(d) (d) Notify or appear before designated health officials for verification of status, testing or direct observation of treatment.

DHS 145.06(4)(e) (e) Cease and desist in conduct or employment which constitutes a threat to others.

DHS 145.06(4)(f) (f) Reside part-time or full-time in an isolated or segregated setting which decreases the danger of transmission of the communicable disease.

DHS 145.06(4)(g) (g) Be placed in an appropriate institutional treatment facility until the person has become noninfectious.

DHS 145.06(5) (5) Failure to comply with directive. When a person fails to comply with a directive under sub. (4), the official who issued the directive may petition a court of record to order the person to comply. In petitioning a court under this subsection, the petitioner shall ensure all of the following:

DHS 145.06(5)(a) (a) That the petition is supported by clear and convincing evidence of the allegation.

DHS 145.06(5)(b) (b) That the respondent has been given the directive in writing, including the evidence that supports the allegation, and has been afforded the opportunity to seek counsel.

DHS 145.06(5)(c) (c) That the remedy proposed is the least restrictive on the respondent which would serve to correct the situation and to protect the public's health.

DHS 145.06(6) (6) Hazards to health. Officials empowered under ss. 250.02 (1), 250.04 (1) and 252.02 (4) and (6), Stats., or under s. 252.03 (1) and (2), Stats., may direct persons who own or supervise real or physical property or animals and their environs, which present a threat of transmission of any communicable disease under sub. (1), to do what is reasonable and necessary to abate the threat of transmission. Persons failing or refusing to comply with a directive shall come under the provisions of sub. (5) and this subsection.

DHS 145.06 History History: Cr. Register, March, 2000, No. 531, eff. 4-1-00; correction in (2) (d) 4. made under s. 13.92 (4) (b) 7., Stats., Register February 2008 No. 626.