Chapter DHS 145

Subchapter I — General Provisions

DHS 145.01   Statutory authority.

DHS 145.02   Purpose and scope.

DHS 145.03   Definitions.

DHS 145.04   Reports of communicable diseases.

DHS 145.05   Investigation and control of communicable diseases.

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

DHS 145.07   Special disease control measures.

Subchapter II — Tuberculosis

DHS 145.08   Definitions.

DHS 145.09   Laboratory procedures.

DHS 145.10   Restriction and management of patients and contacts.

DHS 145.11   Discharge from isolation or confinement.

DHS 145.12   Certification of public health dispensaries.

DHS 145.13   Dispensary reimbursement.

Subchapter III — Sexually Transmitted Disease

DHS 145.14   Definitions.

DHS 145.15   Case reporting.

DHS 145.16   Reporting of cases delinquent in treatment.

DHS 145.17   Determination of sources and contacts.

DHS 145.18   Criteria for determination of suspects.

DHS 145.19   Examination of suspects.

DHS 145.20   Commitment of suspects.

DHS 145.21   Treatment of minors.

DHS 145.22   Treatment guidelines.

Ch. DHS 145 Note Note: Chapter HSS 145 was renumbered chapter HFS 145 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, June, 1997, No. 498. Chapter HFS 145 was renumbered chapter DHS 145 under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637.

subch. I of ch. DHS 145 Subchapter I — General Provisions

DHS 145.01 DHS 145.01 Statutory authority. This chapter is promulgated under the authority of ss. 252.02 (4), 252.06 (1), 252.07 (1p) and (11), 252.10 (1), 252.10 (6) (a) and (b), 252.11 (1) and (1m), 254.51 (3) and 990.01 (5g), Stats.

DHS 145.01 History History: Cr. Register, April, 1984, No. 340, eff. 5-1-84; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1995, No. 476; am. Register, March, 2000, No. 531, eff. 4-1-00; correction made under s. 13.93 (2m) (b) 7., Stats., Register, March, 2002 No. 555; CR 01-105: am. Register March 2002 No. 555, eff. 4-1-02.

DHS 145.02 DHS 145.02 Purpose and scope. This chapter establishes a surveillance system for the purpose of controlling the incidence and spread of communicable diseases. This surveillance system consists of timely and effective communicable disease reporting, means of intervention to prevent transmission of communicable diseases, and investigation, prevention and control of outbreaks by local health officers and the department, and in addition provides information otherwise pertinent to understanding the burden of communicable disease on the general population.

DHS 145.02 History History: Cr. Register, April, 1984, No. 340, eff. 5-1-84; am. Register, March, 2000, No. 531, eff. 4-1-00.

DHS 145.03 DHS 145.03 Definitions. In this chapter:

DHS 145.03(1) (1) “Advanced practice nurse prescriber” means an advanced practice nurse, as defined in s. N 8.02 (1), who under s. 441.16 (2), Stats., has been granted a certificate to issue prescription orders.

DHS 145.03(2) (2) “Case” means a person determined to have a particular communicable disease on the basis of clinical or laboratory criteria or both.

DHS 145.03(3) (3) “Chief medical officer” means the person appointed by the state health officer under s. 250.02 (2), Stats., to provide public health consultation and leadership in the program area of acute and communicable disease and who serves also as state epidemiologist for that program area.

DHS 145.03(4) (4) “Communicable disease” means a disease or condition listed in Appendix A of this chapter.

DHS 145.03(5) (5) “Control” means to take actions designed to prevent the spread of communicable diseases.

DHS 145.03(6) (6) “Conveyance” means any publicly or privately owned vehicle used for providing transportation services.

DHS 145.03(7) (7) “Date of onset” means the day on which the case or suspected case experienced the first sign or symptom of the communicable disease.

DHS 145.03(8) (8) “Day care center” has the meaning prescribed in s. 48.65, Stats., and includes nursery schools that fit that definition.

DHS 145.03(9) (9) “Department” means the department of health services.

DHS 145.03(10) (10) “Food handler” means a person who handles food utensils or who prepares, processes or serves food or beverages for people other than members of his or her immediate household.

DHS 145.03(11) (11) “Health care facility” has the meaning prescribed in s. 155.01 (6), Stats., and includes providers of ambulatory health care.

DHS 145.03(12) (12) “HIV” means human immunodeficiency virus.

DHS 145.03(13) (13) “Individual case report form” means the form provided by the department for the purpose of reporting communicable diseases.

DHS 145.03(14) (14) “Investigation” means a systematic inquiry designed to identify factors which contribute to the occurrence and spread of communicable diseases.

DHS 145.03(15) (15) “Laboratory” means any facility certified under 42 USC 263a.

DHS 145.03(16) (16) “Local health department” means an agency of local government that takes any of the forms specified in s. 250.01 (4), Stats.

DHS 145.03(17) (17) “Local health officer” has the meaning prescribed in s. 250.01 (5), Stats., and applies to the person who is designated as the local health officer for the place of residence of a case or suspected case of communicable disease.

DHS 145.03(18) (18) “Organized program of infection control” means written and implemented policies and procedures for the purpose of surveillance, investigation, control and prevention of infections in a health care facility.

DHS 145.03(19) (19) “Other disease or condition having the potential to affect the health of other persons” means a disease that can be transmitted from one person to another but that is not listed in Appendix A of this chapter and therefore is not reportable under this chapter, although it is listed in the official report of the American Public Health Association, unless specified otherwise by the state epidemiologist.

DHS 145.03 Note Note: The official report of the American Public Health Association entitled Control of Communicable Diseases Manual, 20th edition (2015), edited by David L. Heymann, is on file in the Department’s Division of Public Health and the Legislative Reference Bureau, and is available for purchase from the American Public Health Association, Publications Sales, PO Box 933019, Atlanta, GA 31193-3019.

DHS 145.03(20) (20) “Outbreak” means an unusual aggregation of health events that are grouped together in a short time period and limited geographic area.

DHS 145.03(21) (21) “Personal care” means the service provided by one person to another person who is not a member of his or her immediate household for the purpose of feeding, bathing, dressing, assisting with personal hygiene, changing diapers, changing bedding and other services involving direct physical contact.

DHS 145.03(22) (22) “Physician” means an individual possessing the degree of doctor of medicine or doctor of osteopathy or an equivalent degree as determined by the medical examining board, and holding a license granted by the board under s. 448.01 (5), Stats.

DHS 145.03(23) (23) “Public building” means any privately or publicly owned building which is open to the public.

DHS 145.03(24) (24) “Public health intervention” means an action designed to promote and protect the health of the public.

DHS 145.03(25) (25) “State epidemiologist” means the person appointed by the state health officer under s. 250.02 (1), Stats., to be the person in charge of communicable disease control for the state who serves also as chief medical officer for the acute and communicable disease program area.

DHS 145.03(26) (26) “Surveillance” means the systematic collection of data pertaining to the occurrence of specific diseases, the analysis and interpretation of these data and the dissemination of consolidated and processed information to those who need to know.

DHS 145.03(27) (27) “Suspected case” means a person thought to have a particular communicable disease on the basis of clinical or laboratory criteria or both.

DHS 145.03 History History: Cr. Register, April, 1984, No. 340, eff. 5-1-84; am. (2) and (11), Register, February, 1989, No. 398, eff. 3-1-89; correction in (8) and (9) made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1995, No. 476; r. and recr. Register, March, 2000, No. 531, eff. 4-1-00; CR 07-090: am. (19) and (20) Register February 2008 No. 626, eff. 3-1-08; correction in (9) made under s. 13.92 (4) (b) 6., Stats., Register January 2009 No. 637; CR 17-014: am. (19), Register June 2018 No. 750 eff. 7-1-18; correction in (19) made under s. 35.17, Stats., Register June 2018 No. 750.

DHS 145.04 DHS 145.04 Reports of communicable diseases.

DHS 145.04(1) (1) Responsibility for reporting.

DHS 145.04(1)(a) (a) Any person licensed under ch. 441 or 448, Stats., knowing of or in attendance on a case or suspected case shall notify the local health officer or, if required under Appendix A of this chapter, the state epidemiologist, in the manner prescribed in this section.

DHS 145.04(1)(b) (b) Each laboratory shall report the identification or suspected identification of a disease-causing organism or laboratory findings indicating the presence of a communicable disease to the local health officer or, if required under Appendix A of this chapter, to the state epidemiologist.

DHS 145.04(1)(bg) (bg) Each laboratory shall forward a specimen to the state laboratory of hygiene, or another laboratory designated by the state epidemiologist, for confirmatory or investigation purposes if requested by the state epidemiologist.

DHS 145.04(1)(br) (br) Each laboratory shall report a negative test result to the local health officer to justify release from isolation or quarantine if requested by the state epidemiologist or the local health officer.

DHS 145.04(1)(c) (c) Each health care facility shall ensure that reports are made to the local health officer or, if required under Appendix A of this chapter, to the state epidemiologist, in the manner specified in sub. (3). When a case is identified or suspected in a health care facility having an organized program of infection control, the person in charge of the infection control program shall ensure that the case or suspected case is reported to the local health officer or, if required under Appendix A of this chapter, to the state epidemiologist, minimizing unnecessary duplication.

DHS 145.04(1)(cm) (cm) Each health care facility shall report a negative test result to the local health officer to justify release from isolation or quarantine if requested by the state epidemiologist or the local health officer.

DHS 145.04(1)(d) (d) Any teacher, principal or nurse serving a school or day care center knowing of a case or suspected case in the school or center shall notify the local health officer or, if required under Appendix A of this chapter, the state epidemiologist, in the manner prescribed in this section.

DHS 145.04(1)(e) (e) Any person who knows or suspects that a person has a communicable disease shall report the facts to the local health officer or, if required under Appendix A of this chapter, to the state epidemiologist.

DHS 145.04(1)(g) (g) Nothing in this subsection lessens the requirement for confidentiality of HIV test results under s. 252.15, Stats.

DHS 145.04(2) (2) Content of report.

DHS 145.04(2)(a) (a) Each report under sub. (1) (a) to (d) of a case or suspected case of a communicable disease to the local health officer or the state epidemiologist shall include the name and address of the person reporting and of the attending physician, if any, the diagnosed or suspected disease, the name of the ill or affected individual, that individual’s address and telephone number, age or date of birth, race and ethnicity, sex, county of residence, date of onset of the disease, name of parent or guardian if a minor, and other facts the department or local health officer requires for the purposes of surveillance, control and prevention of communicable disease.

DHS 145.04(2)(b) (b) Reports may be written, verbal, or by electronic transmission. Written reports shall be on the individual case report form provided by the department and distributed by the local health officer or on a form containing the information required under par. (a). Reports shall be submitted to the local health officer or, if required under Appendix A of this chapter, to the state epidemiologist.

DHS 145.04(2)(c) (c) Reports by laboratories of the identification or suspected identification of a disease-causing organism or laboratory findings indicating the presence of a communicable disease shall be made to the local health officer or, if required under Appendix A of this chapter, to the state epidemiologist. These reports shall include the name of the individual affected or ill, the individual’s address, telephone number, county of residence, age or date of birth, the name of the attending physician and the identity or suspected identity of the organism or the laboratory findings.

DHS 145.04(2)(d) (d) All information provided under this subsection shall remain confidential except as may be needed for the purposes of investigation, control and prevention of communicable diseases.

DHS 145.04(3) (3) Urgency of reports.

DHS 145.04(3)(a) (a) A person, laboratory or health care facility required to report under sub. (1) shall report communicable diseases of urgent public health importance as listed in category I of Appendix A of this chapter to the local health officer immediately upon identification of a case or suspected case. If the local health officer is unavailable, the report shall be made immediately to the state epidemiologist.

DHS 145.04(3)(b) (b) A person, laboratory or health care facility required to report under sub. (1) shall report communicable diseases of less urgent public health importance as listed in categories II and III of Appendix A of this chapter to the local health officer or, if required under Appendix A, to the state epidemiologist, by individual case report form or by telephone within 72 hours of the identification of a case or suspected case.

DHS 145.04(4) (4) Handling of reports by the local health officer.

DHS 145.04(4)(a) (a) The local health officer shall notify the state epidemiologist immediately of any cases or suspected cases reported under sub. (3) (a).

DHS 145.04(4)(b) (b) At the close of each week, the local health officer shall notify the state epidemiologist in writing on a form provided by the department of all cases of reported diseases listed in Appendix A.

DHS 145.04(4)(c) (c) Local health departments serving jurisdictions within the same county may, in conjunction with the department, establish a combined reporting system to expedite the reporting process.

DHS 145.04 History History: Cr. Register, April, 1984, No. 340, eff. 5-1-84; am. (1), (2) (a) to (c), (3) (a) and (b), cr. (1m), Register, February, 1989, No. 398, eff. 3-1-89; correction in (1m) made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1995, No. 476; renum. and am. (1m) to be (1) (g), am. (3) (a), (4) (a) and cr. (4) (c), Register, March, 2000, No. 531, eff. 4-1-00; CR 07-090: cr. (1) (bg), (br) and (cm), am. (2) (b), r. (3) (c) Register February 2008 No. 626, eff. 3-1-08.

DHS 145.05 DHS 145.05 Investigation and control of communicable diseases.

DHS 145.05(1) (1) The local health officer shall use all reasonable means to confirm in a timely manner any case or suspected case of a communicable disease and shall ascertain so far as possible all sources of infection and exposures to the infection. Follow-up and investigative information shall be completed by the local health officer and reported to the state epidemiologist on forms provided by the department.

DHS 145.05(2) (2) Local health officers shall follow the methods of control set out in official reports of the American Public Health Association and the American Academy of Pediatrics, unless specified otherwise by the state epidemiologist. Specific medical treatment shall be prescribed by a physician or an advanced practice nurse prescriber.