AB133-ASA1-AA2,419,11
7251.125 Village health department, how financed. If a village health
8department is established under s. 251.02 (2)
or (3m)
or if a multiple municipal local
9health department is established under s. 251.01 (3m) by the governing body of a
10village in concert with the governing body of another village or a city or town, the
11village board shall appropriate funds for the operation of the department.
AB133-ASA1-AA2,419,17
13251.127 Town health department, how financed. If a
town multiple
14municipal local health department is established under s. 251.02 (3m)
by the
15governing body of a town in concert with the governing body of another town or a city
16or village, the town board shall appropriate funds for the operation of the
17department.".
AB133-ASA1-AA2,419,20
19"
Section 2400mf. 252.07 (1) of the statutes is renumbered 252.07 (1m) and
20amended to read:
AB133-ASA1-AA2,420,221
252.07
(1m) Tuberculosis is a communicable disease caused by mycobacterium
22tuberculosis and is Infectious tuberculosis and suspect tuberculosis are subject to the
23reporting requirements specified in s. 252.05. Any laboratory that
performs a test
24receives a specimen for tuberculosis
testing shall report all positive results
obtained
1by any appropriate procedure, including a procedure performed by an out-of-state
2laboratory, to the local health officer and to the department.
AB133-ASA1-AA2,420,44
252.07
(1g) In this section:
AB133-ASA1-AA2,420,85
(a) "Infectious tuberculosis" means tuberculosis disease of the respiratory
6tract, capable of producing infection or disease in others as demonstrated by the
7presence of acid-fast bacilli in the sputum or bronchial secretions or by chest
8radiograph and clinical findings.
AB133-ASA1-AA2,420,109
(b) "Isolate" means a population of mycobacterium tuberculosis bacteria that
10has been obtained in pure culture medium.
AB133-ASA1-AA2,420,1311
(c) "Isolation" means the separation from other persons of a person with
12infectious tuberculosis in a place and under conditions that prevent the transmission
13of the infection.
AB133-ASA1-AA2,420,1714
(d) "Suspect tuberculosis" means an illness marked by symptoms and
15laboratory tests that may be indicative of tuberculosis, such as a prolonged cough,
16prolonged fever, hemoptysis, compatible roentgenographic findings or other
17appropriate medical imaging findings.
AB133-ASA1-AA2,420,2119
252.07
(1p) Any laboratory that performs primary culture for mycobacteria
20shall also perform organism identification for mycobacterium tuberculosis complex
21using an approved rapid testing procedure specified by the department by rule.
AB133-ASA1-AA2,421,223
252.07
(1t) Any laboratory that identifies mycobacterium tuberculosis shall
24ensure that antimicrobial drug susceptibility tests are performed on the initial
1isolate. The laboratory shall report the results of these tests to the local health officer
2and the department.
AB133-ASA1-AA2,421,94
252.07
(2) The department shall identify groups at risk for contracting or
5transmitting mycobacterium tuberculosis and shall recommend the protocol for
6screening members of those groups.
If necessary to prevent or control the
7transmission of mycobacterium tuberculosis, the department may promulgate rules
8that require screening of members of specific groups that are at risk for contracting
9or transmitting mycobacterium tuberculosis.
AB133-ASA1-AA2,421,1612
252.07
(5) Upon report of any person under sub.
(1) (1m) or (1t), the local health
13officer shall at once investigate and make and enforce the necessary orders.
If any
14person does not voluntarily comply with any order made by the local health officer
15with respect to that person, the local health officer or the department may order a
16medical evaluation, directly observed therapy or home isolation of that person.
AB133-ASA1-AA2,421,2119
252.07
(8) (a) The department or a local health officer may order the
20confinement to a facility of an individual who has a confirmed diagnosis of infectious
21tuberculosis or suspect tuberculosis if all of the following conditions are met:
AB133-ASA1-AA2,421,2322
1. The department or local health officer notifies a court in writing of the
23confinement.
AB133-ASA1-AA2,422,3
12. The department or local health officer provides to the court a written
2statement from a physician that the individual has infectious tuberculosis or suspect
3tuberculosis.
AB133-ASA1-AA2,422,74
3. The department or local health officer provides to the court evidence that the
5individual has refused to follow a prescribed treatment regimen or, in the case of an
6individual with suspect tuberculosis, has refused to undergo a medical examination
7to confirm whether the individual has infectious tuberculosis.
AB133-ASA1-AA2,422,128
4. In the case of an individual with a confirmed diagnosis of infectious
9tuberculosis, the department or local health officer determines that the individual
10poses an imminent and substantial threat to himself or herself or to the public
11health. The department or local health officer shall provide to the court a written
12statement of that determination.
AB133-ASA1-AA2,422,1713
(b) If the department or local health officer orders the confinement of an
14individual under this subsection, a law enforcement officer, or other person
15authorized by the local public health officer, shall transport the individual, if
16necessary, to a facility that the department or local health officer determines will
17meet the individual's need for medical evaluation, isolation and treatment.
AB133-ASA1-AA2,422,2018
(c) No individual may be confined under this subsection for more than 72 hours,
19excluding Saturdays, Sundays and legal holidays, without a court hearing under
20sub. (9) to determine whether the confinement should continue.
AB133-ASA1-AA2,423,222
252.07
(9) (a) The department or a local health officer may petition any court
23for a hearing to determine whether an individual with infectious or suspect
24tuberculosis should be confined for longer than 72 hours in a facility where proper
25care and treatment will be provided and spread of the disease will be prevented. The
1department or local health officer shall include in the petition documentation that
2demonstrates all of the following:
AB133-ASA1-AA2,423,53
1. That the individual named in the petition has infectious tuberculosis; that
4the individual has noninfectious tuberculosis but is at high risk of developing
5infectious tuberculosis; or that the individual has suspect tuberculosis.
AB133-ASA1-AA2,423,86
2. That the individual has failed to comply with the prescribed treatment
7regimen or with any rules promulgated by the department under sub. (11); or that
8the disease is resistant to the medication prescribed to the individual.
AB133-ASA1-AA2,423,119
3. That all other reasonable means of achieving voluntary compliance with
10treatment have been exhausted and no less restrictive alternative exists; or that no
11other medication to treat the resistant disease is available.
AB133-ASA1-AA2,423,1312
4. That the individual poses an imminent and substantial threat to himself or
13herself or to the public health.
AB133-ASA1-AA2,423,1614
(b) The department or local health officer shall give the individual written
15notice of a hearing at least 48 hours before a scheduled hearing is to be held. Notice
16of the hearing shall include all of the following information:
AB133-ASA1-AA2,423,1717
1. The date, time and place of the hearing.
AB133-ASA1-AA2,423,1918
2. The grounds, and underlying facts, upon which confinement of the individual
19is being sought.
AB133-ASA1-AA2,423,2020
3. An explanation of the individual's rights specified under par. (d).
AB133-ASA1-AA2,423,2121
4. The proposed actions to be taken and the reasons for each action.
AB133-ASA1-AA2,424,222
(c) If the court orders confinement of an individual under this subsection, the
23individual shall remain confined until the department or local health officer, with the
24concurrence of a treating physician, determines that treatment is complete or that
25the individual is no longer a substantial threat to himself or herself or to the public
1health. If the individual is to be confined for more than 6 months, the court shall
2review the confinement every 6 months.
AB133-ASA1-AA2,424,133
(d) An individual who is the subject of a petition for a hearing under this
4subsection has the right to appear at the hearing, the right to present evidence and
5cross-examine witnesses and the right to be represented by adversary counsel. At
6the time of the filing of the petition the court shall assure that the individual who is
7the subject of the petition is represented by adversary counsel. If the individual
8claims or appears to be indigent, the court shall refer the individual to the authority
9for indigency determinations specified under s. 977.07 (1). If the individual is a child,
10the court shall refer that child to the state public defender who shall appoint counsel
11for the child without a determination of indigency, as provided in s. 48.23 (4). Unless
12good cause is shown, a hearing under this subsection may be conducted by telephone
13or live audiovisual means, if available.
AB133-ASA1-AA2,424,1614
(e) An order issued by the court under this subsection may be appealed as a
15matter of right. An appeal shall be heard within 30 days after the appeal is filed.
16An appeal does not stay the order.
AB133-ASA1-AA2,424,2218
252.07
(11) The department may promulgate any rules necessary for the
19administration and enforcement of this section, including, if necessary to prevent or
20control the transmission of mycobacterium tuberculosis, rules that require screening
21of members of specific groups that are at risk for contracting or transmitting
22mycobacterium tuberculosis.
AB133-ASA1-AA2,425,104
252.07
(10) Inpatient care for isolated pulmonary tuberculosis patients, and
5inpatient care exceeding 30 days for other pulmonary tuberculosis patients, who are
6not eligible for federal medicare benefits, for medical assistance under subch.
V IV 7of ch. 49 or for health care services funded by a relief block grant under subch. II of
8ch. 49 may be reimbursed if provided by a facility contracted by the department. If
9the patient has private health insurance, the state shall pay the difference between
10health insurance payments and total charges.
AB133-ASA1-AA2,426,318
252.10
(7) Drugs necessary for the treatment of mycobacterium tuberculosis
19shall be purchased by the department from the appropriation under s. 20.435 (5) (e)
20and dispensed to patients through the public health dispensaries
or through health
21care providers, as defined in s. 146.81 (1), other than massage therapists or
22bodyworkers issued a license of registration under subch. X of ch. 440, social workers,
23marriage and family therapists or professional counselors certified under ch. 457,
24speech-language pathologists or audiologists licensed under subch. II of ch. 459,
1speech and language pathologists licensed by the department of public instruction
2or dietitians certified under subch. V of ch. 448, local health departments, physicians
3or advanced practice nurse prescribers.".
AB133-ASA1-AA2,426,5
5"
Section 2432d. 252.12 (2) (a) 3. (intro.) of the statutes is amended to read:
AB133-ASA1-AA2,426,156
252.12
(2) (a) 3. `Statewide public education campaign.' (intro.) The
7department shall promote public awareness of the risk of contracting acquired
8immunodeficiency syndrome and measures for acquired immunodeficiency
9syndrome protection by development and distribution of information through clinics
10providing family planning services, as defined in s.
253.07 (1) (b) 49.001 (1s), offices
11of physicians and clinics for sexually transmitted diseases and by newsletters, public
12presentations or other releases of information to newspapers, periodicals, radio and
13television stations and other public information resources. The information would
14be targeted at individuals whose behavior puts them at risk of contracting acquired
15immunodeficiency syndrome and would encompass the following topics:".
AB133-ASA1-AA2,426,1919
252.14
(1) (ar) 4q. An athletic trainer licensed under subch. VI of ch. 448.".
AB133-ASA1-AA2,427,3
1253.02
(2) (g) Maternal and child health system coordination services that
2promote coordination of public and private sector activities in areas of the maternal
3and child health program described in pars.
(a) (b) to (f).".
AB133-ASA1-AA2,427,126
252.15
(1) (ab) "Affected person" means an emergency medical technician, first
7responder, fire fighter, peace officer, correctional officer, person who is employed at
8a secured correctional facility, as defined in s. 938.02 (15m),
or at a secured child
9caring institution, as defined in s. 938.02 (15g)
, or a secured group home, as defined
10in s. 938.02 (15p), state patrol officer, jailer or keeper of a jail or person designated
11with custodial authority by the jailer or keeper, health care provider, employe of a
12health care provider or staff member of a state crime laboratory.
AB133-ASA1-AA2,428,714
252.15
(2) (a) 7. a. If all of the conditions under subd. 7. ai. to c. are met, an
15emergency medical technician, first responder, fire fighter, peace officer, correctional
16officer, person who is employed at a secured correctional facility, as defined in s.
17938.02 (15m),
or at a secured child caring institution, as defined in s. 938.02 (15g)
,
18or a secured group home, as defined in s. 938.02 (15p), state patrol officer, jailer or
19keeper of a jail or person designated with custodial authority by the jailer or keeper
20who, during the course of providing care or services to an individual; or a peace
21officer, correctional officer, state patrol officer, jailer or keeper of a jail or person
22designated with custodial authority by the jailer or keeper who, while searching or
23arresting an individual or while controlling or transferring an individual in custody;
24or a health care provider or an employe of a health care provider who, during the
1course of providing care or treatment to an individual or handling or processing
2specimens of body fluids or tissues of an individual; or a staff member of a state crime
3laboratory who, during the course of handling or processing specimens of body fluids
4or tissues of an individual; is significantly exposed to the individual may subject the
5individual's blood to a test or a series of tests for the presence of HIV, antigen or
6nonantigenic products of HIV or an antibody to HIV and may receive disclosure of
7the results.".
AB133-ASA1-AA2,428,1510
252.14
(1) (d) "Inpatient health care facility" means a hospital, nursing home,
11community-based residential facility, county home, county mental health complex
,
12tuberculosis sanatorium or other place licensed or approved by the department
13under
ss. s. 49.70, 49.71, 49.72, 50.02, 50.03, 50.35, 51.08
, or 51.09
, 58.06, 252.073
14and 252.076 or a facility under s. 45.365, 48.62, 51.05, 51.06, 233.40, 233.41, 233.42
15or 252.10.".
AB133-ASA1-AA2,428,2318
253.02
(2m) (intro.) Nothing in this section authorizes the performance,
19promotion, encouragement or counseling in favor of, or referral either directly or
20through an intermediary for, voluntary termination of pregnancy. Nothing in this
21section prohibits the
providing of nondirective information explaining promotion,
22encouragement or counseling in favor of, or referral either directly or through an
23intermediary for, any of the following:
