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:
AB133-ASA1-AA2,429,169
253.10
(7) Affirmative defense. No person is liable under sub. (5) or (6) or
10under s. 441.07 (1) (f), 448.02 (3) (a) or 457.26 (2) (gm) for failure under sub. (3) (c)
112. d. to provide the printed materials described in sub. (3) (d) to a woman or for failure
12under sub. (3) (c) 2. d., e.
, or f.
or g. to describe the contents of the printed materials
13if the person has made a reasonably diligent effort to obtain the printed materials
14under sub. (3) (e) and s. 46.245 and the department and the county department under
15s. 46.215, 46.22 or 46.23 have not made the printed materials available at the time
16that the person is required to give them to the woman.".
AB133-ASA1-AA2,429,19
18"
Section 2485g. Subchapter IX (title) of chapter 254 [precedes 254.911] of the
19statutes is created to read:
AB133-ASA1-AA2,429,2421
Subchapter IX
22
Investigations of the sale or
23
gift of cigarettes or
24
tobacco products to minors
AB133-ASA1-AA2,430,2
2254.911 Definitions. In this subchapter:
AB133-ASA1-AA2,430,3
3(1) "Cigarette" has the meaning given in s. 139.30 (1).
AB133-ASA1-AA2,430,8
4(2) "Governmental regulatory authority" means the department; the local
5health department, state agency or law enforcement agency with which the
6department contracts under s. 254.916 (1) (a); or the person with whom the local
7health department, state agency or law enforcement agency contracts under s.
8254.916 (1) (a).
AB133-ASA1-AA2,430,9
9(3) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c).
AB133-ASA1-AA2,430,10
10(4) "Retailer" has the meaning given in s. 134.66 (1) (g).
AB133-ASA1-AA2,430,12
11(5) "Retail outlet" means a place of business from which cigarettes or tobacco
12products are sold at retail to consumers.
AB133-ASA1-AA2,430,13
13(6) "State agency" has the meaning given in s. 1.12 (1) (b).
AB133-ASA1-AA2,430,14
14(7) "Tobacco products" has the meaning given in s. 139.75 (12).
AB133-ASA1-AA2,430,17
15(8) "Tobacco vending machine" is any mechanical device that automatically
16dispenses cigarettes or tobacco products when money or tokens are deposited in the
17device in payment for the cigarettes or tobacco products.
AB133-ASA1-AA2,430,22
18(9) "Tobacco vending machine operator" means a person who acquires tobacco
19products or stamped cigarettes from manufacturers, as defined in s. 134.66 (1) (e),
20or permittees, stores them and sells them through the medium of tobacco vending
21machines that he or she owns, operates or services and that are located on premises
22that are owned or under the control of other persons.
AB133-ASA1-AA2,430,24
23(10) "Tobacco vending machine premises" means any area in which a tobacco
24vending machine is located.
AB133-ASA1-AA2,431,18
1254.916 Department; authority.
(1) (a) In the administration of this
2subchapter, the department may contract with local health departments, as agents
3of the department, with a state agency or with law enforcement agencies of the state,
4or of a county, city, village or town, to cause unannounced investigations to be
5conducted annually at retail outlets, including sites of tobacco vending machines, to
6survey overall levels of compliance with s. 134.66 (2) (a). A person with whom the
7department contracts under this paragraph may contract with another person to
8conduct the investigations. Except any survey conducted under
21 CFR part 897, the
9survey under this subsection shall cover a range of retail outlets that are not
10preselected on the basis of prior violations, in order to measure overall levels of
11compliance as well as to identify violations. The survey shall be conducted so as to
12provide a sample of retail outlets that reflects the distribution of minors throughout
13the state and the distribution of the retail outlets throughout the state where minors
14are likely to attempt to purchase cigarettes. The survey shall include all types of
15retail outlets that are required to comply with s. 134.66 (2) (a). The department shall
16use statistically sound sampling techniques in designing the annual surveys so as
17to measure overall levels of compliance and shall stratify the sample so as to measure
18compliance by type of retail outlet, including all of the following:
AB133-ASA1-AA2,431,1919
1. A private place of business other than a retail establishment.
AB133-ASA1-AA2,431,2120
2. A barroom, as defined in s. 125.51 (3m) (a), that is located on premises
21described in a license issued under s. 125.26 or 125.51 (3).
AB133-ASA1-AA2,431,2322
(b) The department, in consultation with retailers, shall establish standards
23for procedures and training for conducting investigations under this section.
AB133-ASA1-AA2,432,3
1(2) With the permission of his or her parent or guardian, a person under 18
2years of age, but not under 15 years of age, may buy, attempt to buy or possess any
3cigarette or tobacco product if all of the following are true:
AB133-ASA1-AA2,432,54
(a) The person commits the act for the purpose of conducting an investigation
5under this section.
AB133-ASA1-AA2,432,76
(b) The person is directly supervised during the conducting of the investigation
7by an adult employe of a governmental regulatory authority.
AB133-ASA1-AA2,432,108
(c) The person has prior written authorization to commit the act from a
9governmental regulatory authority or a district attorney or from an authorized agent
10of a governmental regulatory authority or a district attorney.
AB133-ASA1-AA2,432,12
11(3) (a) All of the following, unless otherwise specified, apply in conducting
12investigations under this section:
AB133-ASA1-AA2,432,1413
1. If questioned about his or her age during the course of an investigation, the
14minor shall state his or her true age.
AB133-ASA1-AA2,432,1615
2. A minor may not be used for the purposes of an investigation at a retail outlet
16at which the minor is a regular customer.
AB133-ASA1-AA2,432,1817
3. The appearance of a minor may not be materially altered so as to indicate
18greater age.
AB133-ASA1-AA2,432,2019
4. A photograph or videotape of the minor shall be made before and after the
20investigation, or series of investigations, and shall be retained for 2 years.
AB133-ASA1-AA2,432,25215. Except investigations conducted under a grant received under
42 USC
22300x-21, within 24 hours after the completion of a sale or other distribution of
23cigarettes or tobacco products, the employe of the governmental regulatory authority
24supervising the minor under sub. (2) shall inform the person who sold or distributed
25the cigarettes or tobacco products to the minor of the investigation.
AB133-ASA1-AA2,433,5
16. The results of an investigation, including the issuance of any citation by a
2governmental regulatory authority for a violation that occurs during the conduct of
3the investigation, shall be made known to the retailer or the retailer's employe or
4agent within 24 hours after the occurrence of the violation. This subdivision does not
5apply to investigations conducted under a grant received under
42 USC 300x-021.
AB133-ASA1-AA2,433,967. Except with respect to investigations conducted under
42 USC 300x-021 or
721 CFR part 897, all of the following information shall be reported to the department,
8and to the retailer, within 7 days after the conduct of an investigation under this
9section:
AB133-ASA1-AA2,433,1110
a. The name and position of the governmental regulatory authority employe
11who directly supervised the investigation.
AB133-ASA1-AA2,433,1212
b. The date of birth of the minor.
