146.81 (4) “Patient health care records" means all records related to the health of a patient prepared by or under the supervision of a health care provider, including the records required under s. 146.82 (2) (d) and (3) (c), but not those records subject to s. 51.30, reports collected under s. 69.186, records of tests administered under s. 48.296 (4), 252.15 (2) (a) 7., 343.305, 938.296 (4) or 968.38 (4), fetal monitor tracings, as defined under s. 146.817 (1), or a pupil's physical health records maintained by a school under s. 118.125.
77,491
Section 491
. 146.81 (5) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:
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. 48.34 938.183 or 938.34 (4h), (4m) or (4n), the guardian of a patient adjudged incompetent, as defined in s. 880.01 (3) and (4), the personal representative or spouse 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 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.
77,492
Section 492
. 157.065 (2) (a) 4. c. of the statutes is amended to read:
157.065 (2) (a) 4. c. A Type 1 secured correctional facility, as defined in s. 48.02 (15m) (19).
77,493
Section 493
. 157.065 (2) (a) 4. c. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:
157.065 (2) (a) 4. c. A Type 1 secured correctional facility, as defined in s. 938.02 (19).
77,494
Section 494
. 161.573 (2) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:
161.573 (2) Any person who violates this section who is under 17 years of age is subject to a disposition under s. 48.344 938.344 (2e).
77,495
Section 495
. 161.574 (2) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:
161.574 (2) Any person who violates this section who is under 17 years of age is subject to a disposition under s. 48.344 938.344 (2e).
77,496
Section 496
. 161.575 (2) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:
161.575 (2) Any person who violates this section who is under 17 years of age is subject to a disposition under s. 48.344 938.344 (2e).
77,497
Section 497
. 165.76 (1) (a) of the statutes is amended to read:
165.76 (1) (a) Is in prison or a secured correctional facility, as defined in s. 48.02 (15m), or on probation, parole, supervision, or aftercare supervision or corrective sanctions supervision on or after August 12, 1993, for any violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025.
77,498
Section 498
. 165.76 (1) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:
165.76 (1) (a) Is in prison or a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g) or on probation, parole, supervision or aftercare supervision on or after August 12, 1993, for any violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025.
77,499
Section 499
. 165.76 (2) (b) 2. of the statutes is amended to read:
165.76 (2) (b) 2. If the person has been sentenced to prison or placed in a secured correctional facility, he or she shall provide the specimen under par. (a) at the office of a county sheriff as soon as practicable after release on parole, or aftercare supervision
or corrective sanctions supervision, as directed by his or her probation and parole agent, or aftercare agent
or corrective sanctions agent, except that the department of corrections may require the person to provide the specimen while he or she is in prison and the department of health and social services may require the person, if a child, to provide the specimen while he or she is placed at a secured correctional facility.
77,500
Section 500
. 165.76 (2) (b) 2. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:
165.76 (2) (b) 2. If the person has been sentenced to prison or placed in a secured correctional facility or a secured child caring institution, he or she shall provide the specimen under par. (a) at the office of a county sheriff as soon as practicable after release on parole or aftercare supervision, as directed by his or her probation and parole agent or aftercare agent, except that the department of corrections may require the person to provide the specimen while he or she is in prison or in a secured correctional facility or a secured child caring institution.
77,501
Section 501
. 165.76 (2) (b) 5. of the statutes is amended to read:
165.76 (2) (b) 5. Notwithstanding subds. 1. to 3., for persons who are subject to sub. (1) and who are in prison or a secured correctional facility or on probation, parole, supervision, or aftercare supervision or corrective sanctions supervision on August 12, 1993, the departments of justice, corrections and health and social services shall cooperate to have these persons provide specimens under par. (a) before July 1, 1998.
77,483m
Section 483m. 165.76 (2) (b) 5. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:
165.76 (2) (b) 5. Notwithstanding subds. 1. to 3., for persons who are subject to sub. (1) and who are in prison, a secured correctional facility or a secured child caring institution or on probation, parole, supervision or aftercare supervision on August 12, 1993, the departments of justice, corrections and health and social services shall cooperate to have these persons provide specimens under par. (a) before July 1, 1998.
77,502
Section 502
. 165.76 (3) of the statutes is amended to read:
165.76 (3) If a person is required to submit a biological specimen under s. 48.34 (15), 51.20 (13) (cr), 938.34 (15), 971.17 (1m) or 973.047, he or she shall comply with that requirement and is not required to comply with this section.
77,503
Section 503
. 165.765 (1) of the statutes is amended to read:
165.765 (1) Whoever intentionally fails to comply with a requirement to submit a biological specimen under s. 48.34 (15), 165.76, 938.34 (15) or 973.047 may be fined not more than $10,000 or imprisoned for not more than 9 months or both.
77,504
Section 504
. 165.765 (2) (a) of the statutes is amended to read:
165.765 (2) (a) Any physician, registered nurse, medical technologist, physician assistant or person acting under the direction of a physician who obtains a biological specimen under s. 48.34 (15), 165.76, 938.34 (15) or 973.047 is immune from any civil or criminal liability for the act, except for civil liability for negligence in the performance of the act.
77,505
Section 505
. 165.77 (2) (b) of the statutes is amended to read:
165.77 (2) (b) Paragraph (a) does not apply to specimens received under s. 48.34 (15), 51.20 (13) (cr), 165.76, 938.34 (15), 971.17 (1m) or 973.047.
77,506
Section 506
. 165.77 (3) of the statutes is amended to read:
165.77 (3) If the laboratories receive a human biological specimen under s. 48.34 (15), 51.20 (13) (cr), 165.76, 938.34 (15), 971.17 (1m) or 973.047, the laboratories shall analyze the deoxyribonucleic acid in the specimen. The laboratories shall maintain a data bank based on data obtained from deoxyribonucleic acid analysis of those specimens. The laboratories may compare the data obtained from one specimen with the data obtained from other specimens. The laboratories may make data obtained from any analysis and comparison available to law enforcement agencies in connection with criminal or delinquency investigations and, upon request, to any prosecutor, defense attorney or subject of the data. The data may be used in criminal and delinquency actions and proceedings. In this state, the use is subject to s. 972.11 (5). The laboratories shall destroy specimens obtained under this subsection after analysis has been completed and the applicable court proceedings have concluded.
77,507
Section 507
. 175.35 (1) (ag) of the statutes is amended to read:
175.35 (1) (ag) “Criminal history record" includes information reported to the department under s. 48.396 938.396 (8) that indicates a person was adjudicated delinquent for an act that if committed by an adult in this state would be a felony.
77,508
Section 508
. 175.45 (1) (b) of the statutes is amended to read:
175.45 (1) (b) Is in prison or
, a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or on probation, parole, supervision or aftercare supervision on or after December 25, 1993, for any violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025.
77,509
Section 509
. 175.45 (1) (e) of the statutes is amended to read:
175.45 (1) (e) Is ordered by a court under s.
48.34 (15), 51.20 (13) (cr), 938.34 (15) or 973.047 to comply with the reporting requirements under this section.
77,510
Section 510
. 175.45 (3) (a) 2. of the statutes is amended to read:
175.45 (3) (a) 2. If the person has been sentenced to prison or placed in a secured correctional facility or a secured child caring institution, he or she is subject to this subsection after he or she is discharged from parole or aftercare supervision.
77,511
Section 511
. 175.45 (5) (b) of the statutes is amended to read:
175.45 (5) (b) If the person has been sentenced to prison or placed in a secured correctional facility or a secured child caring institution, 15 years after discharge from parole or aftercare supervision.
77,512
Section 512
. 227.03 (4) of the statutes, as affected by 1995 Wisconsin Act 27, section 6226, is amended to read:
227.03 (4) The provisions of this chapter relating to contested cases do not apply to proceedings involving the revocation of aftercare supervision under s. 48.357 (5) or 48.366 (5) or corrective sanctions supervision under s. 48.357 (5), the revocation of parole or probation, the grant of probation, prison discipline, mandatory release under s. 302.11 or any other proceeding involving the care and treatment of a resident or an inmate of a correctional institution.
77,513
Section 513
. 227.03 (4) of the statutes, as affected by 1995 Wisconsin Act 27, section 6226m, and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:
227.03 (4) The provisions of this chapter relating to contested cases do not apply to proceedings involving the revocation of aftercare supervision under s. 48.366 (5) or 938.357 (5), the revocation of parole or probation, the grant of probation, prison discipline, mandatory release under s. 302.11 or any other proceeding involving the care and treatment of a resident or an inmate of a correctional institution.
77,514
Section 514
. 230.36 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:
230.36 (1) If a conservation warden, conservation patrol boat captain, conservation patrol boat engineer, state forest ranger, conservation field employe of the department of natural resources who is subject to call for fire control duty, member of the state patrol, state motor vehicle inspector, lifeguard, excise tax investigator employed by the department of revenue, special criminal investigation agent employed by the department of justice, special tax agent, state drivers' license examiner, state fair park police officer, University of Wisconsin System police officer and other state facilities police officer and patrol officer, security officer, watcher, engineer, engineering aide, building construction superintendent, fire fighter employed at the Wisconsin Veterans Home, or guard or institutional aide or a state probation and parole officer or any other employe whose duties include supervision and discipline of inmates or wards of the state at a state penal institution, including a secured correctional facility, as defined in s. 48.02 938.02 (15m), or while on parole supervision outside of the confines of the institutions, or supervision of persons placed on probation by a court of record, or supervision and care of patients at a state mental institution, and the University of Wisconsin Hospitals and Clinics suffers injury while in the performance of his or her duties, as defined in subs. (2) and (3); or any other state employe who is not listed in this subsection and who is ordered by his or her appointing authority to accompany any employe listed in this subsection while the listed employe is engaged in the duties defined in sub. (3), or any other state employe who is not listed in this subsection and who is ordered by his or her appointing authority to perform the duties, when permitted, in lieu of the listed employe and while so engaged in the duties defined in sub. (3), suffers injury as defined in sub. (2) the employe shall continue to be fully paid by the employing agency upon the same basis as paid prior to the injury, with no reduction in sick leave credits, compensatory time for overtime accumulations or vacation and no reduction in the rate of earning sick leave credit or vacation. The full pay shall continue while the employe is unable to return to work as the result of the injury or until the termination of his or her employment upon recommendation of the appointing authority. At any time during the employe's period of disability the appointing authority may order physical or medical examinations to determine the degree of disability at the expense of the employing agency.
77,515
Section 515
. 230.36 (3) (c) (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:
230.36 (3) (c) (intro.) A guard, institution aide, or other employe at the University of Wisconsin Hospitals and Clinics or at a state penal or mental institution, including a secured correctional facility, as defined in s. 48.02 938.02 (15m), and a state probation and parole officer, at all times while:
77,516
Section 516
. 252.04 (6) of the statutes is amended to read:
252.04 (6) The school, day care center or nursery school shall notify the district attorney of the county in which the student resides of any minor student who fails to present written evidence of completed immunizations or a written waiver under sub. (3) within 60 school days after being admitted to the school, day care center or nursery school. The district attorney shall petition the court exercising jurisdiction under ch. chs. 48 and 938 for an order directing that the student be in compliance with the requirements of this section. If the court grants the petition, the court may specify the date by which a written waiver shall be submitted under sub. (3) or may specify the terms of the immunization schedule. The court may require an adult student or the parent, guardian or legal custodian of a minor student who refuses to submit a written waiver by the specified date or meet the terms of the immunization schedule to forfeit not more than $25 per day of violation.
77,517
Section 517
. 252.11 (5m) of the statutes is amended to read:
252.11 (5m) A health care professional, as defined in s. 48.296 (1) (a), or a health care professional, as defined in s. 968.38 (1) (a), acting under an order of a court under s. 48.296 938.296 (4) or 968.38 (4) may, without first obtaining informed consent to the testing, subject an individual to a test or a series of tests to ascertain whether that individual is infected with a sexually transmitted disease. No sample used for performance of a test under this subsection may disclose the name of the test subject.
77,518
Section 518
. 252.11 (7) of the statutes is amended to read:
252.11 (7) Reports, examinations and inspections and all records concerning sexually transmitted diseases are confidential and not open to public inspection, and shall not be divulged except as may be necessary for the preservation of the public health, in the course of commitment proceedings under sub. (5) or as provided under s. 48.296 938.296 (4) or 968.38 (4). If a physician has reported a case of sexually transmitted disease to the department under sub. (4), information regarding the presence of the disease and treatment is not privileged when the patient or physician is called upon to testify to the facts before any court of record.
77,519
Section 519
. 252.15 (1) (ab) of the statutes is amended to read:
252.15 (1) (ab) “Affected person" means an emergency medical technician, first responder, fire fighter, peace officer, correctional officer, person who is employed at a secured correctional facility, as defined in s. 48.02 938.02 (15m), or at a secured child caring institution, as defined in s. 938.02 (15g), state patrol officer, jailer or keeper of a jail or person designated with custodial authority by the jailer or keeper, health care provider, employe of a health care provider or staff member of a state crime laboratory.
77,520
Section 520
. 252.15 (2) (a) 6. of the statutes is amended to read:
252.15 (2) (a) 6. A health care professional acting under an order of the court under subd. 7. or s. 48.296 938.296 (4) or 968.38 (4) may, without first obtaining consent to the testing, subject an individual to a test or a series of tests to detect the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV. No sample used for laboratory test purposes under this subdivision may disclose the name of the test subject, and, notwithstanding sub. (4) (c), the test results may not be made part of the individual's permanent medical record.
77,521
Section 521
. 252.15 (2) (a) 7. a. of the statutes is amended to read:
252.15 (2) (a) 7. a. If all of the conditions under subd. 7. ai. to c. are met, an emergency medical technician, first responder, fire fighter, peace officer, correctional officer, person who is employed at a secured correctional facility, as defined in s. 48.02 938.02 (15m), or at a secured child caring institution, as defined in s. 938.02 (15g), state patrol officer, jailer or keeper of a jail or person designated with custodial authority by the jailer or keeper who, during the course of providing care or services to an individual; or a peace officer, correctional officer, state patrol officer, jailer or keeper of a jail or person designated with custodial authority by the jailer or keeper who, while searching or arresting an individual or while controlling or transferring an individual in custody; or a health care provider or an employe of a health care provider who, during the course of providing care or treatment to an individual or handling or processing specimens of body fluids or tissues of an individual; or a staff member of a state crime laboratory who, during the course of handling or processing specimens of body fluids or tissues of an individual; is significantly exposed to the individual may subject the individual's blood to a test or a series of tests for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV and may receive disclosure of the results.
77,522
Section 522
. 252.15 (5) (a) 17. of the statutes is amended to read:
252.15 (5) (a) 17. To an alleged victim or victim, to a health care professional, upon request as specified in s. 48.296 938.296 (4) (e) or 968.38 (4) (c), who provides care to the alleged victim or victim and, if the alleged victim or victim is a minor, to the parent or guardian of the alleged victim or victim, under s. 48.296 938.296 (4) or 968.38 (4).
77,523
Section 523
. 252.15 (5) (a) 19. of the statutes is amended to read:
252.15 (5) (a) 19. If the test was administered to a child for whom placement in a foster home, group home or child caring institution is recommended under s. 48.33 (4) or 938.33 (3) or (4), to an agency directed by a court to prepare a court report under s. 48.33 (1) or 938.33 (1) or a permanency plan under s. 48.38 or 938.38 regarding the child and, by that agency, to the child's foster parent or the operator of the group home or child caring institution in which the child is placed, as provided in s. 48.371 or 938.371.
77,524
Section 524
. 301.01 (2) (b) of the statutes is amended to read:
301.01 (2) (b) Any resident of a secured correctional facility, as defined in s. 48.02 938.02 (15m), or of a secured child caring institution, as defined in s. 938.02 (15g).
77,525
Section 525
. 301.01 (4) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:
301.01 (4) “State correctional institution" means a state prison under s. 302.01 or a secured correctional facility, as defined in s. 48.02 938.02 (15m).
77,526
Section 526
. 301.025 of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:
301.025 Division of juvenile corrections. The division of juvenile corrections shall exercise the powers and perform the duties of the department that relate to juvenile correctional services and institutions, juvenile offender review, aftercare, corrective sanctions, the juvenile boot camp program under s. 48.532 938.532, the serious juvenile offender program under s. 48.538 938.538 and youth aids.
77,527
Section 527
. 301.03 (9) of the statutes is amended to read:
301.03 (9) Supervise all persons placed under s. 48.366 (8) or 938.183 in a state prison.
77,528
Section 528
. 301.03 (9r) of the statutes is created to read:
301.03 (9r) Supervise all persons placed in the serious juvenile offender program under s. 938.538.
77,529
Section 529
. 301.03 (10) (c), (e) and (f) of the statutes, as created by 1995 Wisconsin Act 27, are amended to read:
301.03 (10) (c) Promote the enforcement of laws for the protection of delinquent children. To this end, the department shall cooperate with courts assigned to exercise jurisdiction under ch. chs. 48 and 938, county departments under s. 46.215, 46.22 and 46.23 and licensed child welfare agencies and institutions in providing community-based programming, including in-home programming and intensive supervision, for delinquent children. The department shall also establish and enforce standards for the development and delivery of services provided by the department under ch. 48 938 in regard to children who have been adjudicated delinquent.
(e) Provide educational programs in all secured correctional facilities, as defined in s. 48.02
938.02 (15m).
(f) Provide health services and psychiatric services for residents of all secured correctional facilities, as defined in s. 48.02 938.02 (15m).
77,529m
Section 529m. 301.03 (10) (g) of the statutes is created to read:
301.03 (10) (g) Keep statistics, by race, age and gender, of the number of juveniles over whom the court assigned to exercise jurisdiction under chs. 48 and 938 waives its jurisdiction under s. 938.18 as well as the nature of the waiver was ordered and annually report those statistics to the governor, and to the appropriate standing committees under s. 13.172 (3).
77,530
Section 530
. 301.031 (1) (a) (intro.) of the statutes, as created by 1995 Wisconsin Act 27, is renumbered 301.031 (1) (a) and amended to read:
301.031 (1) (a) Each county department under s. 46.215, 46.22 or 46.23 shall submit its final budget for services directly provided or purchased to the department by December 31 annually. The final budget shall be submitted on a uniform budget reporting form that the department shall develop and distribute for use and that shall include all of the following:
77,531
Section 531
. 301.031 (1) (a) 1., 2. and 3. of the statutes, as created by 1995 Wisconsin Act 27, are repealed.
77,532
Section 532
. 301.032 (1) (b) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:
