1995 WISCONSIN ACT 386
An Act to repeal 46.238 (2) and 146.0255 (5); to renumber 46.238 (1); and
to amend 146.0255 (2) of the statutes; relating to: permitting testing of an infant for controlled substances, in certain circumstances, without consent of the parent or guardian and eliminating termination of the testing program.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
386,1
Section 1
. 46.238 (1) of the statutes is renumbered 46.238.
386,2
Section 2
. 46.238 (2) of the statutes is repealed.
386,3
Section 3
. 146.0255 (2) of the statutes is amended to read:
146.0255 (2) Testing. Any hospital employe who provides health care, social worker or foster care or treatment foster care intake worker under ch. 48 may refer an infant to a physician for testing of the infant's bodily fluids for controlled substances if the hospital employe who provides health care, social worker or foster care or treatment foster care intake worker suspects that the infant has controlled substances in the infant's bodily fluids because of the mother's ingestion use of controlled substances while she was pregnant with the infant. The physician may test the infant to ascertain whether or not the infant has controlled substances in the infant's bodily fluids, if the parent or guardian consents to the testing and if the physician determines that there is a serious risk that there are controlled substances in the infant's bodily fluids because of the mother's ingestion use of controlled substances while she was pregnant with the infant and that the health of the infant may be adversely affected by the controlled substances. If the results of the test indicate that the infant does have controlled substances in the infant's bodily fluids, the physician shall make a report under s. 46.238.
386,4
Section 4
. 146.0255 (5) of the statutes is repealed.
