Amendment AA2-ASA1-AB133

AB133-ASA1-AA2,422,20 (c) No individual may be confined under this subsection for more than 72 hours, excluding Saturdays, Sundays and legal holidays, without a court hearing under sub. (9) to determine whether the confinement should continue.

AB133-ASA1-AA2, s. 2400mo Section 2400mo. 252.07 (9) of the statutes is created to read:

AB133-ASA1-AA2,423,2 252.07 (9) (a) The department or a local health officer may petition any court for a hearing to determine whether an individual with infectious or suspect tuberculosis should be confined for longer than 72 hours in a facility where proper care and treatment will be provided and spread of the disease will be prevented. The department or local health officer shall include in the petition documentation that demonstrates all of the following:

AB133-ASA1-AA2,423,5 1. That the individual named in the petition has infectious tuberculosis; that the individual has noninfectious tuberculosis but is at high risk of developing infectious tuberculosis; or that the individual has suspect tuberculosis.

AB133-ASA1-AA2,423,8 2. That the individual has failed to comply with the prescribed treatment regimen or with any rules promulgated by the department under sub. (11); or that the disease is resistant to the medication prescribed to the individual.

AB133-ASA1-AA2,423,11 3. That all other reasonable means of achieving voluntary compliance with treatment have been exhausted and no less restrictive alternative exists; or that no other medication to treat the resistant disease is available.

AB133-ASA1-AA2,423,13 4. That the individual poses an imminent and substantial threat to himself or herself or to the public health.

AB133-ASA1-AA2,423,16 (b) The department or local health officer shall give the individual written notice of a hearing at least 48 hours before a scheduled hearing is to be held. Notice of the hearing shall include all of the following information:

AB133-ASA1-AA2,423,17 1. The date, time and place of the hearing.

AB133-ASA1-AA2,423,19 2. The grounds, and underlying facts, upon which confinement of the individual is being sought.

AB133-ASA1-AA2,423,20 3. An explanation of the individual's rights specified under par. (d).

AB133-ASA1-AA2,423,21 4. The proposed actions to be taken and the reasons for each action.

AB133-ASA1-AA2,424,2 (c) If the court orders confinement of an individual under this subsection, the individual shall remain confined until the department or local health officer, with the concurrence of a treating physician, determines that treatment is complete or that the individual is no longer a substantial threat to himself or herself or to the public health. If the individual is to be confined for more than 6 months, the court shall review the confinement every 6 months.

AB133-ASA1-AA2,424,13 (d) An individual who is the subject of a petition for a hearing under this subsection has the right to appear at the hearing, the right to present evidence and cross-examine witnesses and the right to be represented by adversary counsel. At the time of the filing of the petition the court shall assure that the individual who is the subject of the petition is represented by adversary counsel. If the individual claims or appears to be indigent, the court shall refer the individual to the authority for indigency determinations specified under s. 977.07 (1). If the individual is a child, the court shall refer that child to the state public defender who shall appoint counsel for the child without a determination of indigency, as provided in s. 48.23 (4). Unless good cause is shown, a hearing under this subsection may be conducted by telephone or live audiovisual means, if available.

AB133-ASA1-AA2,424,16 (e) An order issued by the court under this subsection may be appealed as a matter of right. An appeal shall be heard within 30 days after the appeal is filed. An appeal does not stay the order.

AB133-ASA1-AA2, s. 2400mp Section 2400mp. 252.07 (11) of the statutes is created to read:

AB133-ASA1-AA2,424,22 252.07 (11) The department may promulgate any rules necessary for the administration and enforcement of this section, including, if necessary to prevent or control the transmission of mycobacterium tuberculosis, rules that require screening of members of specific groups that are at risk for contracting or transmitting mycobacterium tuberculosis.

AB133-ASA1-AA2, s. 2400mq Section 2400mq. 252.073 of the statutes is repealed.

AB133-ASA1-AA2, s. 2400mr Section 2400mr. 252.076 of the statutes is repealed.

AB133-ASA1-AA2, s. 2400ms Section 2400ms. 252.08 (1) of the statutes is repealed.

AB133-ASA1-AA2, s. 2400mt Section 2400mt. 252.08 (2) of the statutes is repealed.

AB133-ASA1-AA2, s. 2400mu Section 2400mu. 252.08 (3) of the statutes is renumbered 252.07 (10) and amended to read:

AB133-ASA1-AA2,425,10 252.07 (10) Inpatient care for isolated pulmonary tuberculosis patients, and inpatient care exceeding 30 days for other pulmonary tuberculosis patients, who are not eligible for federal medicare benefits, for medical assistance under subch. V IV of ch. 49 or for health care services funded by a relief block grant under subch. II of ch. 49 may be reimbursed if provided by a facility contracted by the department. If the patient has private health insurance, the state shall pay the difference between health insurance payments and total charges.

AB133-ASA1-AA2, s. 2400mv Section 2400mv. 252.08 (4) of the statutes is repealed.

AB133-ASA1-AA2, s. 2400mw Section 2400mw. 252.08 (5) of the statutes is repealed.

AB133-ASA1-AA2, s. 2400mx Section 2400mx. 252.08 (6) of the statutes is repealed.

AB133-ASA1-AA2, s. 2400my Section 2400my. 252.09 of the statutes is repealed.".

AB133-ASA1-AA2,425,15 916. Page 1213, line 22: after that line insert:

AB133-ASA1-AA2,425,17 " Section 2430L. 252.10 (7) of the statutes, as affected by 1997 Wisconsin Act 156, is amended to read:

AB133-ASA1-AA2,426,3 252.10 (7) Drugs necessary for the treatment of mycobacterium tuberculosis shall be purchased by the department from the appropriation under s. 20.435 (5) (e) and dispensed to patients through the public health dispensaries or through health care providers, as defined in s. 146.81 (1), other than massage therapists or bodyworkers issued a license of registration under subch. X of ch. 440, social workers, marriage and family therapists or professional counselors certified under ch. 457, speech-language pathologists or audiologists licensed under subch. II of ch. 459, speech and language pathologists licensed by the department of public instruction or dietitians certified under subch. V of ch. 448, local health departments, physicians or advanced practice nurse prescribers.".

AB133-ASA1-AA2,426,4 917. Page 1214, line 4: after that line insert:

AB133-ASA1-AA2,426,5 " Section 2432d. 252.12 (2) (a) 3. (intro.) of the statutes is amended to read:

AB133-ASA1-AA2,426,15 252.12 (2) (a) 3. `Statewide public education campaign.' (intro.) The department shall promote public awareness of the risk of contracting acquired immunodeficiency syndrome and measures for acquired immunodeficiency syndrome protection by development and distribution of information through clinics providing family planning services, as defined in s. 253.07 (1) (b) 49.001 (1s), offices of physicians and clinics for sexually transmitted diseases and by newsletters, public presentations or other releases of information to newspapers, periodicals, radio and television stations and other public information resources. The information would be targeted at individuals whose behavior puts them at risk of contracting acquired immunodeficiency syndrome and would encompass the following topics:".

AB133-ASA1-AA2,426,16 918. Page 1214, line 7: delete "$1,994,900" and substitute "$1,933,600".

AB133-ASA1-AA2,426,17 919. Page 1215, line 4: after that line insert:

AB133-ASA1-AA2,426,18 " Section 2432r. 252.14 (1) (ar) 4q. of the statutes is created to read:

AB133-ASA1-AA2,426,19 252.14 (1) (ar) 4q. An athletic trainer licensed under subch. VI of ch. 448.".

AB133-ASA1-AA2,426,20 920. Page 1215, line 4: after that line insert:

AB133-ASA1-AA2,426,21 " Section 2435d. 253.02 (2) (a) of the statutes is repealed.

AB133-ASA1-AA2, s. 2435e Section 2435e. 253.02 (2) (g) of the statutes is amended to read:

AB133-ASA1-AA2,427,3 253.02 (2) (g) Maternal and child health system coordination services that promote coordination of public and private sector activities in areas of the maternal and child health program described in pars. (a) (b) to (f).".

AB133-ASA1-AA2,427,4 921. Page 1215, line 4: after that line insert:

AB133-ASA1-AA2,427,5 " Section 2434d. 252.15 (1) (ab) of the statutes is amended to read:

AB133-ASA1-AA2,427,12 252.15 (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. 938.02 (15m), or at a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), 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.

AB133-ASA1-AA2, s. 2435d Section 2435d. 252.15 (2) (a) 7. a. of the statutes is amended to read:

AB133-ASA1-AA2,428,7 252.15 (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. 938.02 (15m), or at a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), 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.".

AB133-ASA1-AA2,428,8 922. Page 1215, line 4: after that line insert:

AB133-ASA1-AA2,428,9 " Section 2432jk. 252.14 (1) (d) of the statutes is amended to read:

AB133-ASA1-AA2,428,15 252.14 (1) (d) "Inpatient health care facility" means a hospital, nursing home, community-based residential facility, county home, county mental health complex, tuberculosis sanatorium or other place licensed or approved by the department under ss. s. 49.70, 49.71, 49.72, 50.02, 50.03, 50.35, 51.08, or 51.09 , 58.06, 252.073 and 252.076 or a facility under s. 45.365, 48.62, 51.05, 51.06, 233.40, 233.41, 233.42 or 252.10.".

AB133-ASA1-AA2,428,16 923. Page 1215, line 4: after that line insert:

AB133-ASA1-AA2,428,17 " Section 2434n. 253.02 (2m) (intro.) of the statutes is amended to read:

AB133-ASA1-AA2,428,23 253.02 (2m) (intro.) Nothing in this section authorizes the performance, promotion, encouragement or counseling in favor of, or referral either directly or through an intermediary for, voluntary termination of pregnancy. Nothing in this section prohibits the providing of nondirective information explaining promotion, encouragement or counseling in favor of, or referral either directly or through an intermediary for, any of the following:

AB133-ASA1-AA2, s. 2434p Section 2434p. 253.02 (2m) (c) of the statutes is repealed.".

AB133-ASA1-AA2,429,1 924. Page 1215, line 22: after that line insert:

AB133-ASA1-AA2,429,2 " Section 2435qg. 253.07 of the statutes is repealed.

AB133-ASA1-AA2, s. 2438p Section 2438p. 253.10 (3) (c) 2. g. of the statutes is repealed.".

AB133-ASA1-AA2,429,4 925. Page 1215, line 25: delete ", and".

AB133-ASA1-AA2,429,5 926. Page 1216, line 1: delete "information on family planning, as defined in".

AB133-ASA1-AA2,429,6 927. Page 1216, line 2: delete that line.

AB133-ASA1-AA2,429,7 928. Page 1217, line 8: after that line insert:

AB133-ASA1-AA2,429,8 " Section 2439g. 253.10 (7) of the statutes is amended to read:

AB133-ASA1-AA2,429,16 253.10 (7) Affirmative defense. No person is liable under sub. (5) or (6) or under s. 441.07 (1) (f), 448.02 (3) (a) or 457.26 (2) (gm) for failure under sub. (3) (c) 2. d. to provide the printed materials described in sub. (3) (d) to a woman or for failure under sub. (3) (c) 2. d., e., or f. or g. to describe the contents of the printed materials if the person has made a reasonably diligent effort to obtain the printed materials under sub. (3) (e) and s. 46.245 and the department and the county department under s. 46.215, 46.22 or 46.23 have not made the printed materials available at the time that the person is required to give them to the woman.".

AB133-ASA1-AA2,429,17 929. Page 1233, line 19: after that line insert:

AB133-ASA1-AA2,429,19 " Section 2485g. Subchapter IX (title) of chapter 254 [precedes 254.911] of the statutes is created to read:

AB133-ASA1-AA2,429,20 Chapter 254

AB133-ASA1-AA2,429,24 Subchapter IX Investigations of the sale or gift of cigarettes or tobacco products to minors

AB133-ASA1-AA2, s. 2485h Section 2485h. 254.911 of the statutes is created to read:

AB133-ASA1-AA2,430,2 254.911 Definitions. In this subchapter:

AB133-ASA1-AA2,430,3 (1) "Cigarette" has the meaning given in s. 139.30 (1).

AB133-ASA1-AA2,430,8 (2) "Governmental regulatory authority" means the department; the local health department, state agency or law enforcement agency with which the department contracts under s. 254.916 (1) (a); or the person with whom the local health department, state agency or law enforcement agency contracts under s. 254.916 (1) (a).

AB133-ASA1-AA2,430,9 (3) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c).

AB133-ASA1-AA2,430,10 (4) "Retailer" has the meaning given in s. 134.66 (1) (g).

AB133-ASA1-AA2,430,12 (5) "Retail outlet" means a place of business from which cigarettes or tobacco products are sold at retail to consumers.

AB133-ASA1-AA2,430,13 (6) "State agency" has the meaning given in s. 1.12 (1) (b).

AB133-ASA1-AA2,430,14 (7) "Tobacco products" has the meaning given in s. 139.75 (12).

AB133-ASA1-AA2,430,17 (8) "Tobacco vending machine" is any mechanical device that automatically dispenses cigarettes or tobacco products when money or tokens are deposited in the device in payment for the cigarettes or tobacco products.

AB133-ASA1-AA2,430,22 (9) "Tobacco vending machine operator" means a person who acquires tobacco products or stamped cigarettes from manufacturers, as defined in s. 134.66 (1) (e), or permittees, stores them and sells them through the medium of tobacco vending machines that he or she owns, operates or services and that are located on premises that are owned or under the control of other persons.

AB133-ASA1-AA2,430,24 (10) "Tobacco vending machine premises" means any area in which a tobacco vending machine is located.

AB133-ASA1-AA2, s. 2485j Section 2485j. 254.916 of the statutes is created to read:

AB133-ASA1-AA2,431,18 254.916 Department; authority. (1) (a) In the administration of this subchapter, the department may contract with local health departments, as agents of the department, with a state agency or with law enforcement agencies of the state, or of a county, city, village or town, to cause unannounced investigations to be conducted annually at retail outlets, including sites of tobacco vending machines, to survey overall levels of compliance with s. 134.66 (2) (a). A person with whom the department contracts under this paragraph may contract with another person to conduct the investigations. Except any survey conducted under 21 CFR part 897, the survey under this subsection shall cover a range of retail outlets that are not preselected on the basis of prior violations, in order to measure overall levels of compliance as well as to identify violations. The survey shall be conducted so as to provide a sample of retail outlets that reflects the distribution of minors throughout the state and the distribution of the retail outlets throughout the state where minors are likely to attempt to purchase cigarettes. The survey shall include all types of retail outlets that are required to comply with s. 134.66 (2) (a). The department shall use statistically sound sampling techniques in designing the annual surveys so as to measure overall levels of compliance and shall stratify the sample so as to measure compliance by type of retail outlet, including all of the following:

AB133-ASA1-AA2,431,19 1. A private place of business other than a retail establishment.

AB133-ASA1-AA2,431,21 2. A barroom, as defined in s. 125.51 (3m) (a), that is located on premises described in a license issued under s. 125.26 or 125.51 (3).

AB133-ASA1-AA2,431,23 (b) The department, in consultation with retailers, shall establish standards for procedures and training for conducting investigations under this section.

AB133-ASA1-AA2,432,3 (2) With the permission of his or her parent or guardian, a person under 18 years of age, but not under 15 years of age, may buy, attempt to buy or possess any cigarette or tobacco product if all of the following are true:

AB133-ASA1-AA2,432,5 (a) The person commits the act for the purpose of conducting an investigation under this section.

AB133-ASA1-AA2,432,7 (b) The person is directly supervised during the conducting of the investigation by an adult employe of a governmental regulatory authority.

AB133-ASA1-AA2,432,10 (c) The person has prior written authorization to commit the act from a governmental regulatory authority or a district attorney or from an authorized agent of a governmental regulatory authority or a district attorney.

AB133-ASA1-AA2,432,12 (3) (a) All of the following, unless otherwise specified, apply in conducting investigations under this section:

AB133-ASA1-AA2,432,14 1. If questioned about his or her age during the course of an investigation, the minor shall state his or her true age.