AB100: Bill Text

AB100, s. 3078 Section 3078. 153.50 of the statutes is amended to read:

AB100,1282,16 153.50 Protection of patient confidentiality. Patient-identifiable data obtained under this chapter and contained in the discharge data base of the office department is not subject to inspection, copying or receipt under s. 19.35 (1) and may not be released by the office department, except to the patient or to a person granted permission for release by the patient and except that a hospital, a physician, or the agent of a hospital or physician or the commissioner may have access to patient-identifiable data to ensure the accuracy of the information in the discharge data base. The department of health and family services may have access to the discharge data base for the purposes of completing epidemiological reports and eliminating the need to maintain a data base that duplicates that of the office, if the department of health and family services does not release or otherwise provide access to the patient-identifiable data.

AB100, s. 3079 Section 3079. 153.60 (title) of the statutes is amended to read:

AB100,1282,19 153.60 (title) Assessments to fund operations of office department and board.

AB100, s. 3080 Section 3080. 153.60 (1) of the statutes is amended to read:

AB100,1283,7 153.60 (1) The office department shall, by the first October 1 after the commencement of each fiscal year, estimate the total amount of expenditures under this chapter for the office department and the board for that fiscal year. The office department shall assess the estimated total amount for that fiscal year less the estimated total amount to be received under s. 20.145 (8) (hi), (hj), (kx) and (mr) 20.435 (1) (hi) during the fiscal year and the unencumbered balances balance of the amounts amount received under s. 20.145 (8) (hi), (hj) and (mr) 20.435 (1) (hi) from the prior fiscal year, to hospitals in proportion to each hospital's respective gross private-pay patient revenues during the hospital's most recently concluded entire fiscal year. Each hospital shall pay the assessment on or before December 1. All payments of assessments shall be deposited in the appropriation under s. 20.145 (8) 20.435 (1) (hg).

AB100, s. 3081 Section 3081. 153.60 (2) of the statutes is amended to read:

AB100,1283,12 153.60 (2) The office department may assess ambulatory surgery centers under this section, using as the basis for individual ambulatory surgery center assessments the methods and criteria promulgated by rule by the commissioner department under s. 153.75 (1) (k).

AB100, s. 3082 Section 3082. 153.65 of the statutes is amended to read:

AB100,1283,21 153.65 Provision of special information; user fees. The office department may provide, upon request from a person, a data compilation or a special report based on the information collected by the office department under s. 153.05 (1), (3), (4) (b), (5), (7) or (8) or 153.08. The office department shall establish user fees for the provision of these compilations or reports, payable by the requester, which shall be sufficient to fund the actual necessary and direct cost of the compilation or report. All moneys collected under this section shall be credited to the appropriation under s. 20.145 (8) 20.435 (1) (hi).

AB100, s. 3083 Section 3083. 153.75 (1) (intro.) of the statutes is amended to read:

AB100,1283,24 153.75 (1) (intro.) Following approval by the board, the commissioner department shall promulgate the following rules:

AB100, s. 3084 Section 3084. 153.75 (1) (b) of the statutes is amended to read:

AB100,1284,3 153.75 (1) (b) Establishing procedures under which hospitals and health care providers are permitted to review and verify patient-related information prior to its submission to the office department.

AB100, s. 3085 Section 3085. 153.75 (2) (intro.) of the statutes is amended to read:

AB100,1284,6 153.75 (2) (intro.) With the approval of the board, the commissioner department may promulgate all of the following rules:

AB100, s. 3086 Section 3086. 153.75 (2) (c) of the statutes is amended to read:

AB100,1284,10 153.75 (2) (c) Providing for the efficient collection, analysis and dissemination of health care information which the office department may require under this chapter.

AB100, s. 3087 Section 3087. 153.90 (3) of the statutes is amended to read:

AB100,1284,18 153.90 (3) The commissioner department may directly assess forfeitures under sub. (2). If the commissioner department determines that a forfeiture should be assessed for a particular violation or for failure to correct the violation, the commissioner department shall send a notice of assessment to the alleged violator. The notice shall specify the alleged violation of the statute or rule and the amount of the forfeiture assessed and shall inform the alleged violator of the right to contest the assessment under s. 227.44.

AB100, s. 3088 Section 3088. 157.06 (1) (j) and (k) of the statutes are created to read:

AB100,1284,22 157.06 (1) (j) "Technician" means an individual who is appropriately trained to remove or process tissue or bone while under the direction or supervision of a physician.

AB100,1284,23 (k) "Tissue" includes all of the following:

AB100,1284,24 1. Skin.

AB100,1284,25 2. Connective tissue, including tendons and ligaments.

AB100,1285,2 3. Cardiovascular tissue, including valves, blood vessels and pericardium, that is not suitable for use for cardiovascular organ transplantation.

AB100, s. 3089 Section 3089. 157.06 (2) (d) of the statutes is amended to read:

AB100,1285,8 157.06 (2) (d) A document of gift may designate a particular physician to carry out the appropriate procedures. In the absence of a designation or if the designee is not available, the donee or other person authorized to accept the anatomical gift may employ or authorize any physician, technician or enucleator to carry out the appropriate procedures.

AB100, s. 3090 Section 3090. 157.06 (4) (a) 4. of the statutes is renumbered 157.06 (4) (a) 4. (intro.) and amended to read:

AB100,1285,12 157.06 (4) (a) 4. (intro.) The removal will be by a physician, except that in for the following:

AB100,1285,13 a. In the case of eyes, the removal may be by a physician or by an enucleator.

AB100, s. 3091 Section 3091. 157.06 (4) (a) 4. b. of the statutes is created to read:

AB100,1285,16 157.06 (4) (a) 4. b. In the case of tissue or bone, the removal may be by a physician or by a technician.

AB100, s. 3092 Section 3092. 157.06 (8) (c) of the statutes is amended to read:

AB100,1286,2 157.06 (8) (c) If there has been an anatomical gift, a physician may remove any donated parts of the body, a technician may remove any donated tissue or bone and an enucleator may remove any donated eyes or parts of eyes, after determination of death by a physician. Any individual acting under the direction of a physician and any funeral director licensed under ch. 445 may perform the functions of an enucleator under this section if he or she has completed a course in eye enucleation and holds a valid certification of competence from a medical college approved by the medical examining board under s. 448.05 (2). A certificate of competence shall be valid for 3 years.

AB100, s. 3093 Section 3093. 157.62 (2) (c) of the statutes is amended to read:

AB100,1286,8 157.62 (2) (c) All records relating to accounting of trust funds described under par. (b) 3. to 7. and maintained by the department are confidential and are not available for inspection or copying under s. 19.35 (1). This paragraph does not apply to any information requested by the department of industry, labor and job development under s. 49.22 (2m).

AB100, s. 3094 Section 3094. 165.25 (3r) of the statutes is amended to read:

AB100,1286,13 165.25 (3r) Avoid conflict of interest. Require that attorneys in different organizational subunits in the department prosecute violations of chs. 561 562 to 569 or Indian gaming compacts entered into under s. 14.035 and defend any department, agency, official, employe or agent under subs. (1), (4) (a) and (6).

AB100, s. 3095 Section 3095. 165.25 (6) (a) of the statutes is amended to read:

AB100,1287,11 165.25 (6) (a) At the request of the head of any department of state government, the attorney general may appear for and defend any state department, or any state officer, employe or agent of the department in any civil action or other matter brought before a court or an administrative agency which is brought against the state department, or officer, employe or agent for or on account of any act growing out of or committed in the lawful course of an officer's, employe's or agent's duties. Witness fees or other expenses determined by the attorney general to be reasonable and necessary to the defense in the action or proceeding shall be paid as provided for in s. 885.07. The attorney general, with the the approval of the department of administration, may compromise and settle the action as the attorney general determines to be in the best interest of the state. Members, officers and employes of the Wisconsin state agencies building corporation and the Wisconsin state public building corporation are covered by this section. Members of the board of governors created under s. 619.04 (3), members of a committee or subcommittee of that board of governors, members of the patients compensation fund peer review council created under s. 655.275 (2) and persons consulting with that council under s. 655.275 (5) (b) are covered by this section with respect to actions, claims or other matters arising before, on or after April 25, 1990. The attorney general, with the the approval of the department of administration, may compromise and settle claims asserted before such actions or matters formally are brought or may delegate such authority to the department of administration. This paragraph may not be construed as a consent to sue the state or any department thereof or as a waiver of state sovereign immunity.

AB100, s. 3096 Section 3096. 165.25 (6) (d) of the statutes is created to read:

AB100,1287,21 165.25 (6) (d) Students enrolled in a public or private institution of higher education and who are under the direct supervision of a health care provider, as defined in s. 146.81 (1), are covered by this section and shall be considered agents of the department of health and family services for purposes of determining which agency head may request the attorney general to appear and defend them. This paragraph only applies to students providing health care services to prisoners incarcerated in a state prison described under s. 302.01 pursuant to a contract between a state agency, as defined in s. 20.001 (1), and a public or private institution of higher education.

AB100, s. 3097 Section 3097. 165.70 (3m) of the statutes is amended to read:

AB100,1287,25 165.70 (3m) The attorney general shall establish a separate bureau in the division of criminal investigation in which all of the department's gaming law enforcement responsibilities under chs. 561 562 to 569 and 945 shall be performed.

AB100, s. 3098 Section 3098. 165.72 (6) of the statutes is amended to read:

AB100,1288,5 165.72 (6) Records. The department may withhold any record under this section from inspection or copying under s. 19.35. The department shall provide information from any record under this section in response to a request for information made under s. 49.22 (2m).

AB100, s. 3099 Section 3099. 165.72 (7) of the statutes is amended to read:

AB100,1288,9 165.72 (7) Publicity. The department shall cooperate with the department of education public instruction in publicizing, in public schools, the use of the toll-free telephone number under sub. (2).

AB100, s. 3100 Section 3100. 165.755 of the statutes is created to read:

AB100,1288,15 165.755 Crime laboratories assessment. (1) (a) Except as provided in par. (b), beginning on January 1, 1998, a court shall impose a crime laboratories assessment of $4 if the court imposes a sentence, places a person on probation or imposes a forfeiture for a violation of state law or for a violation of a municipal or county ordinance.

AB100,1288,19 (b) A court may not impose the crime laboratories assessment under par. (a) for a violation of s. 101.123 (2) (a), (am) 1. or (bm) or (5) (b) or for a violation of a state law or municipal or county ordinance involving a nonmoving traffic violation or a safety belt use violation under s. 347.48 (2m).

AB100,1288,22 (2) If the court under sub. (1) (a) imposes a sentence or forfeiture for multiple offenses or places a person on probation for multiple offenses, a separate crime laboratories assessment shall be imposed for each separate offense.

AB100,1289,2 (3) Except as provided in sub. (4), after the court determines the amount due under sub. (1) (a), the clerk of the court shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer under s. 59.25 (3) (f) 2.

AB100,1289,6 (4) If a municipal court imposes a forfeiture, after determining the amount due under sub. (1) (a) the court shall collect and transmit such amount to the treasurer of the county, city, town or village, and that treasurer shall make payment to the state treasurer as provided in s. 66.12 (1) (b).

AB100,1289,12 (5) If any deposit of bail is made for a noncriminal offense to which sub. (1) (a) applies, the person making the deposit shall also deposit a sufficient amount to include the assessment prescribed in sub. (1) (a) for forfeited bail. If bail is forfeited, the amount of the assessment under sub. (1) (a) shall be transmitted monthly to the state treasurer under this section. If bail is returned, the assessment shall also be returned.

AB100,1289,16 (6) If an inmate in a state prison or a person sentenced to a state prison has not paid the crime laboratories assessment under sub. (1) (a), the department shall assess and collect the amount owed from the inmate's wages or other moneys. Any amount collected shall be transmitted to the state treasurer.

AB100,1289,19 (7) All moneys collected from crime laboratories assessments under this section shall be deposited by the state treasurer and used as specified in s. 20.455 (2) (kd) and (Lm).

AB100, s. 3101 Section 3101. 165.76 (1) (a) of the statutes is amended to read:

AB100,1289,25 165.76 (1) (a) Is in prison or a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g) or on probation, community supervision, parole, supervision or aftercare supervision on or after August 12, 1993, for any violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025.

AB100, s. 3102 Section 3102. 165.76 (1) (e) of the statutes is amended to read:

AB100,1290,6 165.76 (1) (e) Is on parole, community supervision or probation in this state from another state under s. 304.13 or 304.135 on or after July 9, 1996, for a violation of the law of another state that the department of corrections determines, under s. 304.137, is comparable to a violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025.

AB100, s. 3103 Section 3103. 165.76 (2) (b) 1. of the statutes is amended to read:

AB100,1290,12 165.76 (2) (b) 1. If the person has been placed on probation or supervision, he or she shall provide the specimen under par. (a) at the office of a county sheriff as soon after the placement as practicable, as directed by his or her probation , community supervision and parole agent or, if a child, the agency providing supervision for the child.

AB100, s. 3104 Section 3104. 165.76 (2) (b) 2. of the statutes is amended to read:

AB100,1290,21 165.76 (2) (b) 2. If the person has been sentenced to prison or placed in a secured correctional facility or a secured child caring institution, he or she shall provide the specimen under par. (a) at the office of a county sheriff as soon as practicable after release on parole, community supervision or aftercare supervision, as directed by his or her probation, community supervision and parole agent or aftercare agent, except that the department of corrections may require the person to provide the specimen while he or she is in prison or in a secured correctional facility or a secured child caring institution.

AB100, s. 3105 Section 3105. 165.76 (2) (b) 3m. of the statutes is amended to read:

AB100,1291,2 165.76 (2) (b) 3m. If the person is on parole, community supervision or probation in this state from another state under s. 304.13 or 304.135, he or she shall provide the specimen under par. (a) at the office of a county sheriff as soon as practicable after entering this state, as directed by his or her probation, community supervision and parole agent.

AB100, s. 3106 Section 3106. 165.76 (2) (b) 5. of the statutes is amended to read:

AB100,1291,9 165.76 (2) (b) 5. Notwithstanding subds. 1. to 3., for persons who are subject to sub. (1) and who are in prison, a secured correctional facility or a secured child caring institution or on probation, community supervision, parole, supervision or aftercare supervision on August 12, 1993, the departments of justice, corrections and health and family services shall cooperate to have these persons provide specimens under par. (a) before July 1, 1998.

AB100, s. 3107 Section 3107. 165.76 (2) (b) 6. of the statutes is amended to read:

AB100,1291,15 165.76 (2) (b) 6. Notwithstanding subd. 3m., for a person who is subject to sub. (1) (e) and who is on parole, community supervision or probation in this state from another state on July 9, 1996, the department of justice and the department of corrections shall cooperate to have these persons provide specimens under par. (a) before July 1, 2000.

AB100, s. 3108 Section 3108. 165.77 (6) of the statutes is amended to read:

AB100,1291,21 165.77 (6) Except as necessary to administer this section or as provided under the department's rules under sub. (8), the department shall deny access to any record kept under this section. The department shall provide information from any record kept under this section in response to a request for information made under s. 49.22 (2m).

AB100, s. 3109 Section 3109. 165.8285 (1m) of the statutes is created to read:

AB100,1292,7 165.8285 (1m) The department of justice shall, through the transaction information for management of enforcement system, provide correctional authorities, as defined in s. 301.47 (1) (a), and law enforcement agencies, as defined in s. 165.83 (1) (b), with access to the criminal gang data bank maintained by the department of corrections under s. 301.47. In addition, the department of justice shall, if requested to do so by the department of corrections, cooperate with the department of corrections in developing and using a computerized or direct electronic data transfer system other than the transaction information for management of enforcement system to provide access to the criminal gang data bank under s. 301.47.

AB100, s. 3110 Section 3110. 165.84 (5) of the statutes is amended to read:

AB100,1292,15 165.84 (5) All persons in charge of law enforcement and tribal law enforcement agencies, all clerks of court, all municipal judges where they have no clerks, all persons in charge of state and county penal and correctional institutions, and all persons in charge of state and county probation, community supervision and parole offices, shall supply the department with the information described in s. 165.83 (2) (f) on the basis of the forms and instructions to be supplied by the department under s. 165.83 (2) (g).

AB100, s. 3111 Section 3111. 165.85 (3) (c) of the statutes is amended to read:

AB100,1292,21 165.85 (3) (c) Certify Except as provided in the memorandum of understanding under sub. (3m) (a), certify persons as being qualified under this section to be law enforcement, tribal law enforcement, jail or secure detention officers. Prior to being certified under this paragraph, a tribal law enforcement officer shall agree to accept the duties of law enforcement officers under the laws of this state.

AB100, s. 3112 Section 3112. 165.85 (3) (cm) of the statutes is amended to read:

AB100,1293,8 165.85 (3) (cm) Decertify law enforcement, tribal law enforcement, jail or secure detention officers who terminate employment or are terminated or, who violate or fail to comply with a rule or order of the board relating to curriculum or training or who fail to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse. The board shall establish procedures for decertification in compliance with ch. 227, except that decertification for failure to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse shall be governed by the memorandum of understanding under sub. (3m) (a).

AB100, s. 3113 Section 3113. 165.85 (3m) of the statutes is created to read:

AB100,1293,11 165.85 (3m) Duties relating to support enforcement. The board shall do all of the following:

AB100,1293,18 (a) As provided in a memorandum of understanding entered into with the department of industry, labor and job development under s. 49.857, refuse certification to an individual who applies for certification under this section, refuse recertification to an individual certified under this section or decertify an individual certified under this section if the individual fails to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse.

AB100,1294,2 (b) Request that an individual provide the board with his or her social security number when he or she applies for certification or recertification under this section. If an individual who is requested by the board to provide his or her social security number under this paragraph does not comply with the board's request, the board shall deny the individual's application for certification or recertification. The board may disclose a social security number provided by an individual under this paragraph only to the department of industry, labor and job development as provided in a memorandum of understanding entered into with the department of industry, labor and job development under s. 49.857.

AB100, s. 3114 Section 3114. 165.85 (4) (d) of the statutes is amended to read: