AB40-ASA1, s. 2656 13Section 2656. 146.83 (1f) (d) 1. of the statutes is renumbered 146.83 (1f) (am)
14and amended to read:
AB40-ASA1,1113,2115 146.83 (1f) (am) If a patient or person authorized by the patient requests copies
16of the patient's health care records under this subsection section for use in appealing
17a denial of social security disability insurance, under 42 USC 401 to 433, or
18supplemental security income, under 42 USC 1381 to 1385, the health care provider
19may charge the patient or person authorized by the patient no more than the amount
20that the federal social security administration reimburses the department for copies
21of patient health care records.
AB40-ASA1, s. 2657 22Section 2657. 146.83 (1f) (d) 2. of the statutes is renumbered 146.83 (1f) (cm)
23and amended to read:
AB40-ASA1,1114,824 146.83 (1f) (cm) Except as provided in sub. (1g), a health care provider may not
25charge a patient or a person authorized by the patient more than 25 percent of the

1applicable
fee under sub. (3f) for providing one set of copies of a patient's health care
2records under this subsection section if the patient is eligible for medical assistance,
3as defined in s. 49.43 (8). A health care provider may require that a patient or person
4authorized by the patient provide proof that the patient is eligible for medical
5assistance before providing copies under this subdivision without paragraph at a
6reduced
charge. A health care provider may charge the fees 100 percent of the
7applicable fee
under par. (c) sub. (3f) for providing a 2nd or additional set of copies
8of patient health care records for a patient who is eligible for medical assistance.
AB40-ASA1, s. 2658x 9Section 2658x. 146.83 (1g) of the statutes is amended to read:
AB40-ASA1,1114,1510 146.83 (1g) The time limit for making records available for inspection under
11sub. (1d), the time limits for providing copies of records under sub. (1f) (a) and (b),
12and the
requirement under sub. (1f) (d) 2. (cm) to provide one set of copies of records
13without at a reduced charge if the patient is eligible for medical assistance do does
14not apply if the health care provider is the department or the department of
15corrections.
AB40-ASA1, s. 2659x 16Section 2659x. 146.83 (1h) (a) of the statutes is repealed.
AB40-ASA1, s. 2659y 17Section 2659y. 146.83 (1h) (b) of the statutes is repealed.
AB40-ASA1, s. 2659z 18Section 2659z. 146.83 (1h) (c) of the statutes is renumbered 146.83 (1f) (bm).
AB40-ASA1, s. 2660 19Section 2660. 146.83 (1k) of the statutes is repealed.
AB40-ASA1, s. 2661 20Section 2661. 146.83 (1m) of the statutes is renumbered 146.83 (1m) (a).
AB40-ASA1, s. 2662 21Section 2662. 146.83 (1m) (b) of the statutes is created to read:
AB40-ASA1,1114,2322 146.83 (1m) (b) The health care provider under par. (a) may be charged
23reasonable costs for the provision of the patient's health care records.
AB40-ASA1, s. 2663m 24Section 2663m. 146.83 (3f) of the statutes is created to read:
AB40-ASA1,1115,4
1146.83 (3f) (a) Except as provided in sub. (1f) or s. 51.30 or 146.82 (2), if a person
2requests copies of a patient's health care records, provides informed consent, and
3pays the applicable fees under par. (b), the health care provider shall provide the
4person making the request copies of the requested records.
AB40-ASA1,1115,75 (b) Except as provided in sub. (1f), a health care provider may charge no more
6than the total of all of the following that apply for providing the copies requested
7under par. (a):
AB40-ASA1,1115,108 1. For paper copies: $1 per page for the first 25 pages; 75 cents per page for
9pages 26 to 50; 50 cents per page for pages 51 to 100; and 30 cents per page for pages
10101 and above.
AB40-ASA1,1115,1111 2. For microfiche or microfilm copies, $1.50 per page.
AB40-ASA1,1115,1212 3. For a print of an X-ray, $10 per image.
AB40-ASA1,1115,1413 4. If the requester is not the patient or a person authorized by the patient, for
14certification of copies, a single $8 charge.
AB40-ASA1,1115,1615 5. If the requester is not the patient or a person authorized by the patient, a
16single retrieval fee of $20 for all copies requested.
AB40-ASA1,1115,1717 6. Actual shipping costs and any applicable taxes.
AB40-ASA1,1115,2018 (c) 1. In this paragraph, "consumer price index" means the average of the
19consumer price index for all urban consumers, U.S. city average, as determined by
20the bureau of labor statistics of the U.S. department of labor.
AB40-ASA1,1116,321 2. On each July 1, beginning on July 1, 2012, the department shall adjust the
22dollar amounts specified under par. (b) by the percentage difference between the
23consumer price index for the 12-month period ending on December 31 of the
24preceding year and the consumer price index for the 12-month period ending on
25December 31 of the year before the preceding year. The department shall notify the

1legislative reference bureau of the adjusted amounts and the legislative reference
2bureau shall publish the adjusted amounts in the Wisconsin Administrative
3Register.
AB40-ASA1, s. 2664 4Section 2664. 146.84 (2) (a) 1. of the statutes is amended to read:
AB40-ASA1,1116,65 146.84 (2) (a) 1. Requests or obtains confidential information under s. 146.82
6or 146.83 (1d), (1f), or (1h) (1c) or (3f) under false pretenses.
AB40-ASA1, s. 2664b 7Section 2664b. 146.89 (1) (d) 2. of the statutes is amended to read:
AB40-ASA1,1116,118 146.89 (1) (d) 2. A private school, as defined in s. 115.001 (3r), that participates
9in the Racine Parental Choice Program under s. 118.60, the Green Bay Parental
10Choice Program under s. 118.62, or the
Milwaukee Parental Choice Program under
11s. 119.23.
AB40-ASA1, s. 2664d 12Section 2664d. 146.89 (1) (g) 3. of the statutes is amended to read:
AB40-ASA1,1116,1613 146.89 (1) (g) 3. A private school, as defined in s. 115.001 (3r), that participates
14in the Racine Parental Choice Program under s. 118.60, the Green Bay Parental
15Choice Program under s. 118.62, or the
Milwaukee Parental Choice Program under
16s. 119.23.
AB40-ASA1, s. 2664f 17Section 2664f. 146.89 (3) (b) 9. to 13. of the statutes are created to read:
AB40-ASA1,1116,1918 146.89 (3) (b) 9. Procedures that are confined to incision, excision, or
19manipulation of epidermal and dermal skin.
AB40-ASA1,1116,2120 10. Skin biopsies to a depth of 5 millimeters and debridement of diabetic ulcers,
21including subcutaneous tissue.
AB40-ASA1,1116,2322 11. Punch biopsies of epidermal and dermal lesions with incidental removal of
23minimal fat.
AB40-ASA1,1116,2424 12. Destruction of epidermal and dermal lesions using liquid nitrogen.
AB40-ASA1,1117,2
113. Corticosteroid injections of dermal lesions, joints, tendon sheaths, and
2bursae.
AB40-ASA1, s. 2664h 3Section 2664h. 146.89 (3r) (b) 1. of the statutes is amended to read:
AB40-ASA1,1117,64 146.89 (3r) (b) 1. Except as specified in par. (c), the health care services
5specified in sub. (3) (b) 1. to 5. and 7., other than referrals to reproductive health care
6specialists, and in sub. (3) (b) 8. to 13.
AB40-ASA1, s. 2664j 7Section 2664j. 146.89 (3r) (c) 2. of the statutes is amended to read:
AB40-ASA1,1117,98 146.89 (3r) (c) 2. Surgery, except as provided in par. (b) 2. and 5. and sub. (3)
9(b) 9. to 12
.
AB40-ASA1, s. 2665 10Section 2665. 150.31 (5m) of the statutes is amended to read:
AB40-ASA1,1117,1411 150.31 (5m) The department shall decrease the statewide bed limit specified
12in sub. (1) to account for any reduction in the approved bed capacity of a skilled
13nursing facility operated by the department of veterans affairs under s. 45.50 (1), as
14specified in s. 45.50 (10).
AB40-ASA1, s. 2666 15Section 2666. 150.84 (3) of the statutes is amended to read:
AB40-ASA1,1117,1816 150.84 (3) "Health care provider" means any person licensed, registered,
17permitted or certified by the department or by the department of regulation and
18licensing
safety and professional services to provide health care services in this state.
AB40-ASA1, s. 2667 19Section 2667. 153.60 (1) of the statutes is amended to read:
AB40-ASA1,1118,1320 153.60 (1) The department shall, by the first October 1 after the
21commencement of each fiscal year, estimate the total amount of expenditures under
22this subchapter for the department for that fiscal year for data collection, database
23development and maintenance, generation of data files and standard reports,
24orientation and training provided under s. 153.05 (9) (a) and contracting with the
25data organization under s. 153.05 (2r). The department shall assess the estimated

1total amount for that fiscal year, less the estimated total amount to be received for
2purposes of administration of this subchapter under s. 20.435 (1) (hi) during the
3fiscal year and the unencumbered balance of the amount received for purposes of
4administration of this subchapter under s. 20.435 (1) (hi) from the prior fiscal year,
5to health care providers, other than hospitals and ambulatory surgery centers, who
6are in a class of health care providers from whom the department collects data under
7this subchapter in a manner specified by the department by rule. The department
8shall work together with the department of regulation and licensing safety and
9professional services
to develop a mechanism for collecting assessments from health
10care providers other than hospitals and ambulatory surgery centers. No health care
11provider that is not a facility may be assessed under this subsection an amount that
12exceeds $75 per fiscal year. All payments of assessments shall be credited to the
13appropriation under s. 20.435 (1) (hg).
AB40-ASA1, s. 2668 14Section 2668. 157.061 (5) of the statutes is amended to read:
AB40-ASA1,1118,1615 157.061 (5) "Department" means the department of regulation and licensing
16safety and professional services.
AB40-ASA1, s. 2669 17Section 2669. 157.11 (9m) of the statutes is amended to read:
AB40-ASA1,1118,2118 157.11 (9m) Action by district attorney. If any money or property is not
19turned over when required by this section, or default occurs under a bond, the district
20attorney, upon the request of the department of regulation and licensing safety and
21professional services
, shall bring action to recover.
AB40-ASA1, s. 2670 22Section 2670. 157.12 (1) of the statutes is amended to read:
AB40-ASA1,1118,2423 157.12 (1) Definition. Notwithstanding s. 157.061 (5), in this section,
24"department" means the department of commerce safety and professional services.
AB40-ASA1, s. 2671 25Section 2671. 157.12 (3) (b) of the statutes is amended to read:
AB40-ASA1,1119,10
1157.12 (3) (b) The cemetery's treasurer is the custodian of the fund. The
2treasurer shall file with the cemetery, at the cemetery's expense, a bond with sureties
3approved by the department of regulation and licensing safety and professional
4services
to indemnify the cemetery against loss if the treasurer fails to maintain the
5fund. No indemnity is required if the terms of sale of a mausoleum space require the
6purchaser to pay directly to a trust company in the state, designated by the cemetery
7as custodian of the fund. The fund shall be invested as provided in s. 157.19. Income
8from investment may be used only to maintain the mausoleum, except that if the
9amount of income exceeds the amount necessary to properly maintain the
10mausoleum the excess amount may be used to maintain any portion of the cemetery.
AB40-ASA1, s. 2672 11Section 2672. 157.65 (1) (a) of the statutes is amended to read:
AB40-ASA1,1119,1712 157.65 (1) (a) If the department of regulation and licensing safety and
13professional services
has reason to believe that any person is violating or has violated
14this subchapter or any rule promulgated under this subchapter and that the
15continuation of that activity might cause injury to the public interest, the
16department of regulation and licensing safety and professional services may
17investigate.
AB40-ASA1, s. 2673 18Section 2673. 157.65 (1) (b) of the statutes is amended to read:
AB40-ASA1,1119,2319 157.65 (1) (b) If the department of commerce safety and professional services
20has reason to believe that any person is violating s. 157.12 or any rule promulgated
21under s. 157.12 and that the continuation of that activity might cause injury to the
22public interest, the department of commerce safety and professional services may
23investigate.
AB40-ASA1, s. 2674 24Section 2674. 157.65 (2) of the statutes is amended to read:
AB40-ASA1,1120,11
1157.65 (2) The department of justice or any district attorney, upon informing
2the department of justice, may commence an action in circuit court in the name of
3the state to restrain by temporary or permanent injunction any violation of this
4subchapter. The court may, prior to entry of final judgment, make such orders or
5judgments as may be necessary to restore to any person any pecuniary loss suffered
6because of the acts or practices involved in the action, if proof of such loss is submitted
7to the satisfaction of the court. The department of justice may subpoena persons and
8require the production of books and other documents, and may request the board
9described in s. 15.405 (3m) or the department of commerce safety and professional
10services
to exercise its authority under sub. (1) to aid in the investigation of alleged
11violations of this subchapter.
AB40-ASA1, s. 2675 12Section 2675. 160.01 (7) of the statutes is amended to read:
AB40-ASA1,1120,1813 160.01 (7) "Regulatory agency" means the department of agriculture, trade and
14consumer protection, the department of commerce safety and professional services,
15the department of transportation, the department of natural resources and other
16state agencies which regulate activities, facilities or practices which are related to
17substances which have been detected in or have a reasonable probability of entering
18the groundwater resources of the state.
AB40-ASA1, s. 2677 19Section 2677. 165.25 (4) (ag) of the statutes is amended to read:
AB40-ASA1,1120,2220 165.25 (4) (ag) The department of justice shall furnish legal services upon
21request of the department of commerce safety and professional services under s.
22167.35 (7).
AB40-ASA1, s. 2678 23Section 2678. 165.25 (4) (am) of the statutes is amended to read:
AB40-ASA1,1121,324 165.25 (4) (am) The department of justice shall furnish legal services to the
25department of regulation and licensing safety and professional services in all

1proceedings under s. 440.21 (3), together with any other services, including
2stenographic and investigational, as are necessarily connected with the legal
3services.
AB40-ASA1, s. 2681 4Section 2681. 165.25 (12) of the statutes is created to read:
AB40-ASA1,1121,145 165.25 (12) Representation arising from agreements with Minnesota.
6Represent any employee of the state of Minnesota who is named as a defendant in
7any civil action brought under the laws of this state as a result of performing services
8for this state under a valid agreement between this state and the state of Minnesota
9providing for interchange of employees or services and any employee of this state who
10is named as a defendant as a result of performing services for the state of Minnesota
11under such an agreement in any action brought under the laws of this state. Witness
12fees in any action specified in this subsection shall be paid in the same manner as
13provided in s. 885.07. The attorney general may compromise and settle any action
14specified in this subsection to the same extent as provided in s. 165.25 (6) (a).
AB40-ASA1, s. 2682 15Section 2682. 165.70 (3m) of the statutes is repealed.
AB40-ASA1, s. 2682m 16Section 2682m. 165.77 (7) of the statutes is amended to read:
AB40-ASA1,1121,2317 165.77 (7) Whenever a Wisconsin law enforcement agency or a health care
18professional collects evidence in a case of alleged or suspected sexual assault, the
19agency or professional shall follow the procedures specified in the department's rules
20under sub. (8). The laboratories shall perform, in a timely manner, deoxyribonucleic
21acid analysis of specimens provided by law enforcement agencies under sub. (2). The
22laboratories shall not include data obtained from deoxyribonucleic acid analysis of
23those specimens in the data bank under sub. (3).
AB40-ASA1, s. 2683 24Section 2683. 165.82 (1) (a) of the statutes, as affected by 2009 Wisconsin Act
2528
, is repealed.
AB40-ASA1, s. 2684
1Section 2684. 165.82 (1) (am) of the statutes, as created by 2009 Wisconsin Act
228
, is amended to read:
AB40-ASA1,1122,43 165.82 (1) (am) For each record check, except a fingerprint card record check,
4requested by a governmental agency, $7.
AB40-ASA1, s. 2685 5Section 2685. 165.82 (1) (b) of the statutes is repealed.
AB40-ASA1, s. 2686 6Section 2686. 165.825 of the statutes is amended to read:
AB40-ASA1,1122,11 7165.825 Information link; department of health services. The
8department of justice shall cooperate with the departments of regulation and
9licensing
safety and professional services and health services in developing and
10maintaining a computer linkup to provide access to the information obtained from
11a criminal history search.
AB40-ASA1, s. 2687 12Section 2687. 167.10 (3) (b) 2. of the statutes is amended to read:
AB40-ASA1,1122,1413 167.10 (3) (b) 2. The possession or use of explosives in accordance with rules
14or general orders of the department of commerce safety and professional services.
AB40-ASA1, s. 2688 15Section 2688. 167.10 (6m) (a) of the statutes is amended to read:
AB40-ASA1,1122,1916 167.10 (6m) (a) No person may manufacture in this state fireworks or a device
17listed under sub. (1) (e), (f) or (i) to (n) without a fireworks manufacturing license
18issued by the department of commerce safety and professional services under par.
19(d).
AB40-ASA1, s. 2689 20Section 2689. 167.10 (6m) (b) of the statutes is amended to read:
AB40-ASA1,1122,2421 167.10 (6m) (b) No person may manufacture in this state fireworks or a device
22listed under sub. (1) (e), (f) or (i) to (n) unless the person complies with the rules of
23the department of commerce safety and professional services promulgated under
24par. (e).
AB40-ASA1, s. 2690 25Section 2690. 167.10 (6m) (c) of the statutes is amended to read:
AB40-ASA1,1123,4
1167.10 (6m) (c) Any person who manufactures in this state fireworks or a
2device listed under sub. (1) (e), (f) or (i) to (n) shall provide the department of
3commerce safety and professional services with a copy of each federal license issued
4under 18 USC 843 to that person.
AB40-ASA1, s. 2691 5Section 2691. 167.10 (6m) (d) of the statutes is amended to read:
AB40-ASA1,1123,136 167.10 (6m) (d) The department of commerce safety and professional services
7shall issue a license to manufacture fireworks or devices listed under sub. (1) (e), (f)
8or (i) to (n) to a person who complies with the rules of the department promulgated
9under par. (e). The department may not issue a license to a person who does not
10comply with the rules promulgated under par. (e). The department may revoke a
11license under this subsection for the refusal to permit an inspection at reasonable
12times by the department or for a continuing violation of the rules promulgated under
13par. (e).
AB40-ASA1, s. 2692 14Section 2692. 167.10 (6m) (e) of the statutes is amended to read:
AB40-ASA1,1123,1715 167.10 (6m) (e) The department of commerce safety and professional services
16shall promulgate rules to establish safety standards for the manufacture in this state
17of fireworks and devices listed under sub. (1) (e), (f) or (i) to (n).
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