Amendment SA1-SSA1-AB133

AB133-SSA1-SA1,382,18 250.01 (4) (a) 5. A multiple municipal local health department established under s. 251.02 (3r).".

AB133-SSA1-SA1,382,19 1003. Page 1211, line 18: after that line insert:

AB133-SSA1-SA1,382,21 "(c) From the appropriation under s. 20.435 (5) (fh), the department shall award $25,000 in each fiscal year as a grant to HealthNet of Janesville, Inc.".

AB133-SSA1-SA1,382,22 1004. Page 1211, line 18: after that line insert:

AB133-SSA1-SA1,382,23 " Section 2400qc. 251.02 (1) of the statutes is amended to read:

AB133-SSA1-SA1,383,8 251.02 (1) In counties with a population of less than 500,000, the county board shall establish a county health department that meets the requirements of this chapter. The county health department shall serve all areas of the county that are not served by a city health department that was established prior to January 1, 1994, or by a town or village health department established under sub. (3m) or by a multiple local health department established under sub. (3r). No city health department may be established after that date January 1, 1994, but a city-county health department may be established after that date.

AB133-SSA1-SA1, s. 2400qd Section 2400qd. 251.02 (3r) of the statutes is created to read:

AB133-SSA1-SA1,383,14 251.02 (3r) In a county described in sub. (3m), in addition to the local health department required to be established under sub. (3m), the governing body of a city, village or town in that county may, in concert with the governing body of another city, village or town in that county, establish a multiple municipal local health department and elect a local health officer consistent with this chapter.

AB133-SSA1-SA1, s. 2400qe Section 2400qe. 251.03 (4r) of the statutes is created to read:

AB133-SSA1-SA1,383,24 251.03 (4r) Subsections (1) to (4m) do not apply to a city, village or town that establishes a multiple municipal local health department under s. 251.02 (3r). In establishing a multiple municipal local health department as described under s. 251.02 (3r), the relevant governing bodies shall agree on how many members of the local board of health are appointed by each governing body and how many of each governing body's appointees shall be members who are not elected officials or employes of the governing body. The members shall be appointed by the relevant governing bodies. A local board of health under this subsection shall elect a chairperson and clerk.

AB133-SSA1-SA1, s. 2400qf Section 2400qf. 251.04 (1) of the statutes is amended to read:

AB133-SSA1-SA1,384,8 251.04 (1) A city or county board of health shall govern each local health department other than a local health department as authorized in s. 251.02 (3m) and (3r) and a city or county board of health or a board of health for a local health department as authorized in s. 251.02 (3m) and (3r) shall assure the enforcement of state public health statutes and public health rules of the department as prescribed for a Level I local health department. A local board of health may contract or subcontract to provide public health services. The contractor's staff shall meet the appropriate qualifications for positions in a Level I local health department.

AB133-SSA1-SA1, s. 2400qg Section 2400qg. 251.04 (2) of the statutes is amended to read:

AB133-SSA1-SA1,384,13 251.04 (2) A city or county board of health or a board of health for a local health department as authorized in s. 251.02 (3m) or (3r) shall assure that its local health department is a Level I, Level II or Level III local health department, as specified in s. 251.05 (1).

AB133-SSA1-SA1, s. 2400qh Section 2400qh. 251.04 (3) of the statutes is amended to read:

AB133-SSA1-SA1,384,20 251.04 (3) A city or county board of health or a board of health for a local health department as authorized in s. 251.02 (3m) or (3r) may adopt those regulations, for its own guidance and for the governance of the local health department, that it considers necessary to protect and improve public health. The regulations may be no less stringent than, and may not conflict with, state statutes and rules of the department.

AB133-SSA1-SA1, s. 2400qi Section 2400qi. 251.06 (1) (a) 2. of the statutes is amended to read:

AB133-SSA1-SA1,385,4 251.06 (1) (a) 2. A local health officer of a village or town health department established under s. 251.02 (3m) or of a multiple municipal local health department established under s. 251.02 (3r) shall be either a physician or a registered nurse. The local health officer shall be a voting member of the local board of health and shall take an oath of office. With respect to the levels of services of a Level I local health department, as specified in s. 251.05 (2) (a), the local health officer shall be authorized to act by and be directed by the county health officer of the county specified under s. 251.02 (3m).

AB133-SSA1-SA1, s. 2400qim Section 2400qim. 251.06 (2) (c) (intro.) of the statutes is amended to read:

AB133-SSA1-SA1,385,9 251.06 (2) (c) (intro.) A local health officer of a local health department of a village or town established under s. 251.02 (3m) or a local health officer of a multiple municipal local health department established under s. 251.02 (3r) shall be one of the following:

AB133-SSA1-SA1, s. 2400qin Section 2400qin. 251.06 (2) (c) 1. of the statutes is amended to read:

AB133-SSA1-SA1,385,12 251.06 (2) (c) 1. An employe of the local health department of the village or town or an employe of the multiple municipal local health department.

AB133-SSA1-SA1, s. 2400qj Section 2400qj. 251.06 (4) (c) of the statutes is amended to read:

AB133-SSA1-SA1,385,17 251.06 (4) (c) A local health officer of a village or town health department established under s. 251.02 (3m) and a local health officer of a multiple municipal local health department established under s. 251.02 (3r) shall be appointed by the local board of health.

AB133-SSA1-SA1, s. 2400qk Section 2400qk. 251.12 of the statutes is amended to read:

AB133-SSA1-SA1,385,23 251.12 City health department, how financed. The common council shall appropriate funds for the operation of a city health department that is established as specified in s. 251.02 (1) and (2) and for the operation of a multiple municipal local health department that is established under s. 251.02 (3r) by the governing body of a city in concert with the governing body of another city or a village or town.

AB133-SSA1-SA1, s. 2400qL Section 2400qL. 251.125 of the statutes is amended to read:

AB133-SSA1-SA1,386,5 251.125 Village health department, how financed. If a village health department is established under s. 251.02 (2) or (3m) or if a multiple municipal local health department is established under s. 251.01 (3r) by the governing body of a village in concert with the governing body of another village or a city or town, the village board shall appropriate funds for the operation of the department.

AB133-SSA1-SA1, s. 2400qm Section 2400qm. 251.127 of the statutes is amended to read:

AB133-SSA1-SA1,386,11 251.127 Town health department, how financed. If a town health department is established under s. 251.02 (3m) or if a multiple municipal local health department is established under s. 251.02 (3r) by the governing body of a town in concert with the governing body of another town or a city or village, the town board shall appropriate funds for the operation of the department.".

AB133-SSA1-SA1,386,12 1005. Page 1218, line 17: after that line insert:

AB133-SSA1-SA1,386,13 " Section 2440b. 253.12 of the statutes is repealed and recreated to read:

AB133-SSA1-SA1,386,15 253.12 Birth defect prevention and surveillance system. (1) Definitions. In this section:

AB133-SSA1-SA1,386,18 (a) "Birth defect" means any of the following conditions affecting an infant or child that occurs prior to or at birth and that requires medical or surgical intervention or interferes with normal growth and development:

AB133-SSA1-SA1,386,19 1. A structural deformation, disruption or dysplasia.

AB133-SSA1-SA1,386,20 2. A genetic, inherited or biochemical disease.

AB133-SSA1-SA1,386,23 (b) "Pediatric specialty clinic" means a clinic the primary purpose of which is to provide pediatric specialty diagnostic, counseling and medical management services to persons with birth defects by physician subspecialist.

AB133-SSA1-SA1,386,24 (c) "Infant or child" means a human being from birth to the age of 2 years.

AB133-SSA1-SA1,387,1 (d) "Physician" has the meaning given in s. 448.01 (5).

AB133-SSA1-SA1,387,4 (2) Reporting. (a) Except as provided in par. (b), all of the following shall report in the manner prescribed by the department under sub. (3) (a) 3. a birth defect in an infant or child:

AB133-SSA1-SA1,387,6 1. A hospital or pediatric specialty clinic in which the birth defect is diagnosed in an infant or child or treatment for the birth defect is provided to the infant or child.

AB133-SSA1-SA1,387,8 2. A physician who diagnoses the birth defect or provides treatment to the infant or child for the birth defect.

AB133-SSA1-SA1,387,10 3. A clinical laboratory that identifies a birth defect in the infant or child as the result of laboratory analysis.

AB133-SSA1-SA1,387,14 (b) No person specified under par. (a) 1. to 3. need report under par. (a) if that person knows that another person specified under par. (a) 1. to 3. has already reported to the department the required information with respect to the same birth defect of the same infant or child.

AB133-SSA1-SA1,387,19 (c) Upon request of the department, a physician, hospital or pediatric specialty clinic shall provide to the department information contained in the medical records of patients who have a confirmed or suspected birth defect diagnosis. The physician, hospital or pediatric specialty clinic shall provide that information within 10 working days after the department requests it.

AB133-SSA1-SA1,387,21 (3) Department duties and powers. (a) The department shall do all of the following:

AB133-SSA1-SA1,387,25 1. Establish and maintain an up-to-date registry that documents the diagnosis in this state of any infant or child who has a birth defect, regardless of the residence of the infant or child. The department shall include in the registry information that will facilitate all of the following:

AB133-SSA1-SA1,388,1 a. Identification of risk factors for birth defects.

AB133-SSA1-SA1,388,3 b. Investigation of the incidence, prevalence and trends of birth defects using epidemiological surveys.

AB133-SSA1-SA1,388,5 c. Development of preventive strategies to decrease the occurrence of birth defects.

AB133-SSA1-SA1,388,7 2. Specify by rule the birth defects the existence of which requires a report under sub. (2) to be submitted to the department.

AB133-SSA1-SA1,388,9 3. Specify by rule the content, format and procedures for submitting a report under sub. (2).

AB133-SSA1-SA1,388,12 (b) The department may monitor the data contained in the reports submitted under sub. (2) to ensure the quality of that data and to make improvements in reporting methods.

AB133-SSA1-SA1,388,18 (4) Council on birth defect prevention and surveillance. The council on birth defect prevention and surveillance, created under s. 15.197 (12), shall make recommendations to the department regarding the establishment of a registry that documents the diagnosis and treatment in the state of an infant or child who has a birth defect, as required under sub. (3) (a) 1. and regarding the rules that the department is required to promulgate under sub. (3) (a) 2. and 3.

AB133-SSA1-SA1,388,22 (5) Confidentiality. (a) Any information contained in a report made to the department under sub. (2) that may specifically identify the subject of the report is confidential. The department may not release that confidential information except to the following, under the following conditions:

AB133-SSA1-SA1,388,24 1. The parent or guardian of an infant or child for whom a report is made under sub. (2).

AB133-SSA1-SA1,389,7 2. A local health officer, upon receipt of a written request and informed written consent from the parent or guardian of the infant or child. The local health officer may disclose information received under this subdivision only to the extent necessary to render and coordinate follow-up care for the infant or child or to conduct a health, demographic or epidemiological investigation. The local health officer shall destroy all information received under this subdivision within one year after receiving it.

AB133-SSA1-SA1,389,10 3. A physician, hospital or pediatric specialty clinic reporting under sub. (2), for the purpose of verification of information reported by the physician, hospital or pediatric specialty clinic.

AB133-SSA1-SA1,389,20 4. A representative of a federal or state agency upon written request and to the extent that the information is necessary to perform a legally authorized function of that agency, including investigation of causes, mortality, methods of prevention, treatment or care of birth defects, associated diseases or disabilities. The information may not include the name or address of an infant or child with a condition reported under sub. (2). The department shall notify the parent or guardian of an infant or child about whom information is released under this subdivision, of the release. The representative of the federal or state agency may disclose information received under this paragraph only as necessary to perform the legally authorized function of that agency for which the information was requested.

AB133-SSA1-SA1,389,22 (b) The department may also release confidential information to a person proposing to conduct research if all of the following conditions are met:

AB133-SSA1-SA1,390,2 1. The person proposing to conduct the research applies in writing to the department for approval to perform the research and the department approves the application. The application for approval shall include a written protocol for the proposed research, the person's professional qualifications to perform the proposed research and any other information requested by the department.

AB133-SSA1-SA1,390,4 2. The research is for the purpose of studying birth defects surveillance and prevention.

AB133-SSA1-SA1,390,15 3. If the research will involve direct contact with a subject of a report made under sub. (2) or with any member of the subject's family, the department determines that the contact is necessary for meeting the research objectives and that the research is in response to a public health need or is for the purpose of or in connection with birth defects surveillance or investigations sponsored and conducted by public health officials. The department must also determine that the research has been approved by a certified institutional review board or a committee for the protection of human subjects in accordance with the regulations for research involving human subjects required by the federal department of health and human services for projects supported by that agency. Contact may only be made in a manner and method approved by the department.

AB133-SSA1-SA1,390,17 4. The person agrees in writing that the information provided will be used only for the research approved by the department.

AB133-SSA1-SA1,390,19 5. The person agrees in writing that the information provided will not be released to any person except other persons involved in the research.

AB133-SSA1-SA1,390,22 6. The person agrees in writing that the final product of the research will not reveal information that may specifically identify the subject of a report made under sub. (2).

AB133-SSA1-SA1,390,24 7. The person agrees in writing to any other conditions imposed by the department.".

AB133-SSA1-SA1,391,2 1006. Page 1233, line 22: delete that line and substitute "section, "board" means the tobacco control board.".

AB133-SSA1-SA1,391,4 1007. Page 1233, line 23: delete the material beginning with that line and ending with page 1234, line 19 and substitute:

AB133-SSA1-SA1,391,5 "(1m) Duties. The board shall do all of the following:

AB133-SSA1-SA1,391,8 (a) Appoint an executive director within the classified service who shall employ staff within the classified service with appropriate programmatic and technical expertise.

AB133-SSA1-SA1,391,9 (b) Administer the grant program under sub. (3).

AB133-SSA1-SA1,391,13 (c) Promulgate rules establishing criteria for recipients of grants awarded under sub. (3), including performance-based standards for grant recipients that propose to use the grant for media efforts. The board shall ensure that programs or projects conducted under the grants are culturally sensitive.

AB133-SSA1-SA1,391,15 (d) Provide a forum for the discussion, development, and recommendation of public policy alternatives in the field of smoking cessation and prevention.

AB133-SSA1-SA1,391,20 (e) Provide a clearinghouse of information on matters relating to tobacco issues and how they are being met in different places throughout the nation such that both lay and professional groups in the field of government, health care and education may have additional avenues for sharing experiences and interchanging ideas in the formulation of public policy on tobacco.

AB133-SSA1-SA1,391,24 (f) Develop and prepare an annual plan regarding the allocation of funding for a statewide tobacco control program based on successful tobacco control programs in other states and based on recommendations of the U.S. Centers for Disease Control regarding the allocation of funding for comprehensive tobacco control programs.".

AB133-SSA1-SA1,392,2 1008. Page 1234, line 20: delete "20.435 (5) (tc)" and substitute "20.436 (1) (tc)".

AB133-SSA1-SA1,392,3 1009. Page 1234, line 21: delete "department" and substitute "board".

AB133-SSA1-SA1,392,4 1010. Page 1235, line 11: delete lines 11 to 19 and substitute:

AB133-SSA1-SA1,392,6 "(b) From the appropriation under s. 20.436 (1) (tc), the board may distribute grants for any of the following:".

AB133-SSA1-SA1,392,7 1011. Page 1236, line 8: after that line insert:

AB133-SSA1-SA1,392,9 "10. Development of policies that restrict access to tobacco products and reduce exposure to environmental tobacco smoke.".

AB133-SSA1-SA1,392,10 1012. Page 1236, line 11: delete lines 11 to 21 and substitute:

AB133-SSA1-SA1,392,14 "(d) From the appropriation under s. 20.436 (1) (tb), beginning in fiscal year 2000-01 and annually thereafter, the board may expend for administration of the program under this section not more than 5% of the total amount deposited in that fiscal year into the tobacco control fund under s. 25.66.

AB133-SSA1-SA1,392,21 (4) Reports. Not later than July 1, 2001, and annually thereafter, the board shall submit to the governor and to the chief clerk of each house of the legislature for distribution under s. 13.172 (2) a report that evaluates the success of the grant program under sub. (3). The report shall specify the number of grants awarded during the immediately preceding fiscal year and the purpose for which each grant was made. The report shall also specify donations and grants accepted by the board under sub. (5).

AB133-SSA1-SA1,393,2 (5) Funds. The board may accept for any of its purposes any donations and grants of money, equipment, supplies, materials and services from any person. The board shall include in the report under sub. (4) any donation or grant accepted by the board under this subsection, including the nature, amount and conditions, if any, of the donation or grant and the identity of the donor.

AB133-SSA1-SA1,393,5 (6) Subcommittees. The board may create subcommittees to assist in its work. If the board creates subcommittees, one of the subcommittees shall address the issue of populations most adversely affected by tobacco.".

AB133-SSA1-SA1,393,6 1013. Page 1236, line 21: after that line insert:

AB133-SSA1-SA1,393,7 " Section 2486u. 281.01 (3e) of the statutes is created to read: