SB45,1118,139
(c) The city, village, town or county requesting the determination shall publish
10a class 1 notice under ch. 985 of the public hearing in a newspaper designated by the
11department of natural resources that is likely to give notice in the area affected. The
12city, village, town or county shall file proof of publication under this paragraph with
13the hearing examiner at or prior to the hearing.
SB45, s. 2401
14Section
2401. 252.07 (1) of the statutes is renumbered 252.07 (1m) and
15amended to read:
SB45,1118,2116
252.07
(1m) Tuberculosis is a communicable disease caused by mycobacterium
17tuberculosis and is Infectious tuberculosis and suspect tuberculosis are subject to the
18reporting requirements specified in s. 252.05. Any laboratory that
performs a test
19receives a specimen for tuberculosis
testing shall report all positive results
obtained
20by any appropriate procedure, including a procedure performed by an out-of-state
21laboratory, to the local health officer and to the department.
SB45, s. 2402
22Section
2402. 252.07 (1g) of the statutes is created to read:
SB45,1118,2323
252.07
(1g) In this section:
SB45,1119,224
(a) "Infectious tuberculosis" means tuberculosis disease of the respiratory
25tract, capable of producing infection or disease in others as demonstrated by the
1presence of acid-fast bacilli in the sputum or bronchial secretions or by chest
2radiograph and clinical findings.
SB45,1119,43
(b) "Isolate" means a population of mycobacterium tuberculosis bacteria that
4has been obtained in pure culture medium.
SB45,1119,75
(c) "Isolation" means the separation from other persons of a person with
6infectious tuberculosis in a place and under conditions that prevent the transmission
7of the infection.
SB45,1119,118
(d) "Suspect tuberculosis" means an illness marked by symptoms and
9laboratory tests that may be indicative of tuberculosis, such as a prolonged cough,
10prolonged fever, hemoptysis, compatible roentgenographic findings or other
11appropriate medical imaging findings.
SB45, s. 2403
12Section
2403. 252.07 (1p) of the statutes is created to read:
SB45,1119,1513
252.07
(1p) Any laboratory that performs primary culture for mycobacteria
14shall also perform organism identification for mycobacterium tuberculosis complex
15using an approved rapid testing procedure specified by the department by rule.
SB45, s. 2404
16Section
2404. 252.07 (1t) of the statutes is created to read:
SB45,1119,2017
252.07
(1t) Any laboratory that identifies mycobacterium tuberculosis shall
18ensure that antimicrobial drug susceptibility tests are performed on the initial
19isolate. The laboratory shall report the results of these tests to the local health officer
20and the department.
SB45, s. 2405
21Section
2405. 252.07 (2) of the statutes is amended to read:
SB45,1120,222
252.07
(2) The department shall identify groups at risk for contracting or
23transmitting mycobacterium tuberculosis and shall recommend the protocol for
24screening members of those groups.
If necessary to prevent or control the
25transmission of mycobacterium tuberculosis, the department may promulgate rules
1that require screening of members of specific groups that are at risk for contracting
2or transmitting mycobacterium tuberculosis.
SB45, s. 2406
3Section
2406. 252.07 (4) of the statutes is repealed.
SB45, s. 2407
4Section
2407. 252.07 (5) of the statutes is amended to read:
SB45,1120,95
252.07
(5) Upon report of any person under sub.
(1) (1m) or (1t), the local health
6officer shall at once investigate and make and enforce the necessary orders.
If any
7person does not voluntarily comply with any order made by the local health officer
8with respect to that person, the local health officer or the department may order a
9medical evaluation, directly observed therapy or home isolation of that person.
SB45, s. 2408
10Section
2408. 252.07 (7) of the statutes is repealed.
SB45, s. 2409
11Section
2409. 252.07 (8) of the statutes is created to read:
SB45,1120,1412
252.07
(8) (a) The department or a local health officer may order the
13confinement to a facility of an individual who has a confirmed diagnosis of infectious
14tuberculosis or suspect tuberculosis if all of the following conditions are met:
SB45,1120,1615
1. The department or local health officer notifies a court in writing of the
16confinement.
SB45,1120,1917
2. The department or local health officer provides to the court a written
18statement from a physician that the individual has infectious tuberculosis or suspect
19tuberculosis.
SB45,1120,2320
3. The department or local health officer provides to the court evidence that the
21individual has refused to follow a prescribed treatment regimen or, in the case of an
22individual with suspect tuberculosis, has refused to undergo a medical examination
23to confirm whether the individual has infectious tuberculosis.
SB45,1121,324
4. In the case of an individual with a confirmed diagnosis of infectious
25tuberculosis, the department or local health officer determines that the individual
1poses an imminent and substantial threat to himself or herself or to the public
2health. The department or local health officer shall provide to the court a written
3statement of that determination.
SB45,1121,84
(b) If the department or local health officer orders the confinement of an
5individual under this subsection, a law enforcement officer, or other person
6authorized by the local public health officer, shall transport the individual, if
7necessary, to a facility that the department or local health officer determines will
8meet the individual's need for medical evaluation, isolation and treatment.
SB45,1121,119
(c) No individual may be confined under this subsection for more than 72 hours,
10excluding Saturdays, Sundays and legal holidays, without a court hearing under
11sub. (9) to determine whether the confinement should continue.
SB45, s. 2410
12Section
2410. 252.07 (9) of the statutes is created to read:
SB45,1121,1813
252.07
(9) (a) The department or a local health officer may petition any court
14for a hearing to determine whether an individual with infectious or suspect
15tuberculosis should be confined for longer than 72 hours in a facility where proper
16care and treatment will be provided and spread of the disease will be prevented. The
17department or local health officer shall include in the petition documentation that
18demonstrates all of the following:
SB45,1121,2119
1. That the individual named in the petition has infectious tuberculosis; that
20the individual has noninfectious tuberculosis but is at high risk of developing
21infectious tuberculosis; or that the individual has suspect tuberculosis.
SB45,1121,2422
2. That the individual has failed to comply with the prescribed treatment
23regimen or with any rules promulgated by the department under sub. (11); or that
24the disease is resistant to the medication prescribed to the individual.
SB45,1122,3
13. That all other reasonable means of achieving voluntary compliance with
2treatment have been exhausted and no less restrictive alternative exists; or that no
3other medication to treat the resistant disease is available.
SB45,1122,54
4. That the individual poses an imminent and substantial threat to himself or
5herself or to the public health.
SB45,1122,86
(b) The department or local health officer shall give the individual written
7notice of a hearing at least 48 hours before a scheduled hearing is to be held. Notice
8of the hearing shall include all of the following information:
SB45,1122,99
1. The date, time and place of the hearing.
SB45,1122,1110
2. The grounds, and underlying facts, upon which confinement of the individual
11is being sought.
SB45,1122,1212
3. An explanation of the individual's rights specified under par. (d).
SB45,1122,1313
4. The proposed actions to be taken and the reasons for each action.
SB45,1122,1914
(c) If the court orders confinement of an individual under this subsection, the
15individual shall remain confined until the department or local health officer, with the
16concurrence of a treating physician, determines that treatment is complete or that
17the individual is no longer a substantial threat to himself or herself or to the public
18health. If the individual is to be confined for more than 6 months, the court shall
19review the confinement every 6 months.
SB45,1123,520
(d) An individual who is the subject of a petition for a hearing under this
21subsection has the right to appear at the hearing, the right to present evidence and
22cross-examine witnesses and the right to be represented by adversary counsel. At
23the time of the filing of the petition the court shall assure that the individual who is
24the subject of the petition is represented by adversary counsel. If the individual
25claims or appears to be indigent, the court shall refer the individual to the authority
1for indigency determinations specified under s. 977.07 (1). If the individual is a child,
2the court shall refer that child to the state public defender who shall appoint counsel
3for the child without a determination of indigency, as provided in s. 48.23 (4). Unless
4good cause is shown, a hearing under this subsection may be conducted by telephone
5or live audiovisual means, if available.
SB45,1123,86
(e) An order issued by the court under this subsection may be appealed as a
7matter of right. An appeal shall be heard within 30 days after the appeal is filed.
8An appeal does not stay the order.
SB45, s. 2411
9Section
2411. 252.07 (11) of the statutes is created to read:
SB45,1123,1410
252.07
(11) The department may promulgate any rules necessary for the
11administration and enforcement of this section, including, if necessary to prevent or
12control the transmission of mycobacterium tuberculosis, rules that require screening
13of members of specific groups that are at risk for contracting or transmitting
14mycobacterium tuberculosis.
SB45, s. 2412
15Section
2412. 252.073 of the statutes is repealed.
SB45, s. 2413
16Section
2413. 252.076 of the statutes is repealed.
SB45, s. 2414
17Section
2414. 252.08 (1) of the statutes is repealed.
SB45, s. 2415
18Section
2415. 252.08 (2) of the statutes is repealed.
SB45, s. 2416
19Section
2416. 252.08 (3) of the statutes is renumbered 252.07 (10) and
20amended to read:
SB45,1124,221
252.07
(10) Inpatient care for isolated pulmonary tuberculosis patients, and
22inpatient care exceeding 30 days for other pulmonary tuberculosis patients, who are
23not eligible for federal medicare benefits, for medical assistance under subch.
V IV 24of ch. 49 or for health care services funded by a relief block grant under subch. II of
25ch. 49 may be reimbursed if provided by a facility contracted by the department. If
1the patient has private health insurance, the state shall pay the difference between
2health insurance payments and total charges.
SB45, s. 2417
3Section
2417. 252.08 (4) of the statutes is repealed.
SB45, s. 2418
4Section
2418. 252.08 (5) of the statutes is repealed.
SB45, s. 2419
5Section
2419. 252.08 (6) of the statutes is repealed.
SB45, s. 2421
7Section
2421. 252.10 (1) of the statutes is amended to read:
SB45,1125,58
252.10
(1) Counties with populations of more than 25,000 may establish and
9maintain public health dispensaries and, where necessary, branches of the
10dispensaries A local health department may request from the department
11certification to establish and maintain a public health dispensary for the diagnosis
12and treatment of persons suffering from or suspected of having
mycobacterium 13tuberculosis
or other pulmonary diseases. Two or more
counties local health
14departments may jointly establish, operate and maintain public health dispensaries
15in order to serve a total population of not less than 25,000. Counties. The department
16shall certify a local health department to establish and maintain a public health
17dispensary if the local health department meets the standards established by the
18department by rule. The department of health and family services may withhold,
19suspend or revoke a certification if the local health department fails to comply with
20any rules promulgated by the department. The department shall provide the local
21health department with reasonable notice of the decision to withhold, suspend or
22revoke certification. The department shall offer the local health department an
23opportunity to comply with the rules and an opportunity for a fair hearing. Certified
24local health departments may contract
with each other for public health dispensary
25services.
The department and department of revenue shall be notified of the
1establishment of public health dispensaries and any contracts pertaining to the
2dispensaries. If the provider of those services fails to comply, the department may
3suspend or revoke the local health department's certification. The department may
4establish, operate and maintain public health dispensaries and branches in areas of
5the state where local authorities have not provided public health dispensaries.
SB45, s. 2422
6Section
2422. 252.10 (3) of the statutes is repealed.
SB45, s. 2423
7Section
2423. 252.10 (5) of the statutes is repealed.
SB45, s. 2424
8Section
2424. 252.10 (6) (a) of the statutes is amended to read:
SB45,1125,129
252.10
(6) (a) The state shall credit or reimburse each dispensary on an annual
10or quarterly basis for the operation of public health dispensaries established and
11maintained in accordance with this section
and rules promulgated by the
12department.
SB45, s. 2425
13Section
2425. 252.10 (6) (b) of the statutes is amended to read:
SB45,1126,214
252.10
(6) (b) The
state department shall determine by rule the reimbursement
15for each visit rate under par. (a) for services
as ordered by a physician shall be $6 or
16a greater amount prescribed in rules promulgated by the department. If an X-ray
17is taken, an additional $6 or any greater amount prescribed in rules promulgated by
18the department will be credited. Any X-ray taken outside a facility under this
19section or outside a facility approved under s. 252.08 on individuals who have a
20significant reaction to a test for mycobacterium tuberculosis shall qualify for state
21aid in the same manner as an X-ray taken inside a facility, and the X-ray shall take
22the place of the first X-ray eligible for reimbursement as part of a case finding and
23preventive program under par. (e). The administration and reading of the test for
24mycobacterium tuberculosis for diagnostic purposes shall be considered one visit.
25Tests for mycobacterium tuberculosis given in school programs, employment health
1programs, community preventive and case finding programs are not reimbursable
2as a clinic visit.
SB45, s. 2426
3Section
2426. 252.10 (6) (c) of the statutes is repealed.
SB45, s. 2427
4Section
2427. 252.10 (6) (d) of the statutes is repealed.
SB45, s. 2428
5Section
2428. 252.10 (6) (e) of the statutes is repealed.
SB45, s. 2429
6Section
2429. 252.10 (6) (f) of the statutes is repealed.
SB45, s. 2430
7Section
2430. 252.10 (6) (g) of the statutes is amended to read:
SB45,1126,108
252.10
(6) (g) The reimbursement by the state under pars. (a)
to (f) and (b) shall
9apply only to funds that the department allocates for the reimbursement under the
10appropriation under s. 20.435 (5) (e).
SB45,1126,2213
252.10
(7) Drugs necessary for the treatment of mycobacterium tuberculosis
14shall be purchased by the department from the appropriation under s. 20.435 (5) (e)
15and dispensed to patients through the public health dispensaries
or through health
16care providers, as defined in s. 146.81 (1), other than massage therapists or
17bodyworkers issued a license of registration under subch. X of ch. 440, social workers,
18marriage and family therapists or professional counselors certified under ch. 457,
19speech-language pathologists or audiologists licensed under subch. II of ch. 459,
20speech and language pathologists licensed by the department of public instruction
21or dietitians certified under subch. V of ch. 448, local health departments, physicians
22or advanced practice nurse prescribers.
SB45, s. 2432
23Section
2432. 252.10 (9) of the statutes is amended to read:
SB45,1127,424
252.10
(9) Public health dispensaries shall maintain such records as are
25required by the department to enable them to carry out their responsibilities
1designated in this section
and in rules promulgated by the department. Records
2shall be submitted annually to the department as soon as possible after the close of
3each fiscal year and not later than August 15 following may be audited by the
4department.
SB45, s. 2433
5Section
2433. 252.14 (1) (d) of the statutes is amended to read:
SB45,1127,116
252.14
(1) (d) "Inpatient health care facility" means a hospital, nursing home,
7community-based residential facility, county home, county mental health complex
,
8tuberculosis sanatorium or other place licensed or approved by the department
9under
ss. s. 49.70, 49.71, 49.72, 50.02, 50.03, 50.35, 51.08
, or 51.09
, 58.06, 252.073
10and 252.076 or a facility under s. 45.365, 48.62, 51.05, 51.06, 233.40, 233.41, 233.42
11or 252.10.
SB45, s. 2434
12Section
2434. 252.15 (1) (ab) of the statutes is amended to read:
SB45,1127,1913
252.15
(1) (ab) "Affected person" means an emergency medical technician, first
14responder, fire fighter, peace officer, correctional officer, person who is employed at
15a secured correctional facility, as defined in s. 938.02 (15m),
or at a secured child
16caring institution, as defined in s. 938.02 (15g)
, or a secured group home, as defined
17in s. 938.02 (15p), state patrol officer, jailer or keeper of a jail or person designated
18with custodial authority by the jailer or keeper, health care provider, employe of a
19health care provider or staff member of a state crime laboratory.
SB45, s. 2435
20Section
2435. 252.15 (2) (a) 7. a. of the statutes is amended to read:
SB45,1128,1321
252.15
(2) (a) 7. a. If all of the conditions under subd. 7. ai. to c. are met, an
22emergency medical technician, first responder, fire fighter, peace officer, correctional
23officer, person who is employed at a secured correctional facility, as defined in s.
24938.02 (15m),
or at a secured child caring institution, as defined in s. 938.02 (15g)
,
25or a secured group home, as defined in s. 938.02 (15p), state patrol officer, jailer or
1keeper of a jail or person designated with custodial authority by the jailer or keeper
2who, during the course of providing care or services to an individual; or a peace
3officer, correctional officer, state patrol officer, jailer or keeper of a jail or person
4designated with custodial authority by the jailer or keeper who, while searching or
5arresting an individual or while controlling or transferring an individual in custody;
6or a health care provider or an employe of a health care provider who, during the
7course of providing care or treatment to an individual or handling or processing
8specimens of body fluids or tissues of an individual; or a staff member of a state crime
9laboratory who, during the course of handling or processing specimens of body fluids
10or tissues of an individual; is significantly exposed to the individual may subject the
11individual's blood to a test or a series of tests for the presence of HIV, antigen or
12nonantigenic products of HIV or an antibody to HIV and may receive disclosure of
13the results.
SB45, s. 2436
14Section
2436. 253.07 (4) (intro.) of the statutes is amended to read:
SB45,1128,1715
253.07
(4) Family planning services. (intro.) From the appropriation under
16s. 20.435 (5)
(f) (cb), the department shall allocate funds in the following amounts,
17for the following services:
SB45, s. 2437
18Section
2437. 253.08 of the statutes is amended to read:
SB45,1128,24
19253.08 Pregnancy counseling services. The department shall make grants
20from the appropriation under s. 20.435 (5)
(eg) (cb) to individuals and organizations
21to provide pregnancy counseling services. For a program to be eligible under this
22section, an applicant must demonstrate that moneys provided in a grant under s.
2320.435 (5)
(eg) (cb) will not be used to engage in any activity specified in s. 20.9275
24(2) (a) 1. to 3.
SB45, s. 2438
25Section
2438. 253.085 (2) of the statutes is amended to read:
SB45,1129,4
1253.085
(2) In addition to the amounts appropriated under s. 20.435 (5)
(ev) 2(cb), the department shall allocate $250,000 for each fiscal year from moneys
3received under the maternal and child health services block grant program,
42 USC
4701 to
709, for the outreach program under this section.
SB45, s. 2439
5Section
2439. 253.10 (3) (d) 1. of the statutes is amended to read:
SB45,1130,156
253.10
(3) (d) 1. Geographically indexed materials that are designed to inform
7a woman about public and private agencies, including adoption agencies, and
8services that are available to provide information on family planning, as defined in
9s. 253.07 (1) (a), including natural family planning information, to provide
10ultrasound imaging services, to assist her if she has received a diagnosis that her
11unborn child has a disability or if her pregnancy is the result of sexual assault or
12incest and to assist her through pregnancy, upon childbirth and while the child is
13dependent. The materials shall include a comprehensive list of the agencies
14available, a description of the services that they offer and a description of the manner
15in which they may be contacted, including telephone numbers and addresses, or, at
16the option of the department, the materials shall include a toll-free, 24-hour
17telephone number that may be called to obtain an oral listing of available agencies
18and services in the locality of the caller and a description of the services that the
19agencies offer and the manner in which they may be contacted. The materials shall
20provide information on the availability of governmentally funded programs that
21serve pregnant women and children. Services identified for the woman shall include
22aid to families with dependent children under s. 49.19, medical assistance for
23pregnant women and children under s. 49.47 (4) (am),
the job opportunities and basic
24skills program under s. 49.193, the availability of family or medical leave under s.
25103.10,
the Wisconsin works program under ss. 49.141 to 49.161, child care services,
1child support laws and programs and the credit for expenses for household and
2dependent care and services necessary for gainful employment under section
21 of
3the internal revenue code. The materials shall state that it is unlawful to perform
4an abortion for which consent has been coerced, that any physician who performs or
5induces an abortion without obtaining the woman's voluntary and informed consent
6is liable to her for damages in a civil action and is subject to a civil penalty, that the
7father of a child is liable for assistance in the support of the child, even in instances
8in which the father has offered to pay for an abortion, and that adoptive parents may
9pay the costs of prenatal care, childbirth and neonatal care. The materials shall
10include information, for a woman whose pregnancy is the result of sexual assault or
11incest, on legal protections available to the woman and her child if she wishes to
12oppose establishment of paternity or to terminate the father's parental rights. The
13materials shall state that fetal ultrasound imaging and auscultation of fetal heart
14tone services are obtainable by pregnant women who wish to use them and shall
15describe the services.
SB45, s. 2440
16Section
2440. 253.12 of the statutes is repealed and recreated to read:
SB45,1130,18
17253.12 Birth defect prevention and surveillance system. (1) 18Definitions. In this section:
SB45,1130,2119
(a) "Birth defect" means any of the following conditions affecting an infant or
20child that occurs prior to or at birth and that requires medical or surgical
21intervention or interferes with normal growth and development:
SB45,1130,2222
1. A structural deformation, disruption or dysplasia.