AB849,5,12 11157.055 Disposal of human remains during state of emergency relating
12to public health.
(1) In this section:
AB849,5,1313 (a) "Funeral establishment" has the meaning given in s. 445.01 (6).
AB849,5,1414 (b) "Public health authority" has the meaning given in s. 250.01 (6g).
AB849,5,18 15(2) Notwithstanding ss. 69.18 (4), 445.04 (2), 445.14, 979.01 (3), (3m), and (4),
16979.02, and 979.10, during a period of a state of emergency related to public health
17declared by the governor under s. 166.03 (1) (b) 1., a public health authority may do
18all of the following:
AB849,5,2119 (a) Issue and enforce orders that are reasonable and necessary to provide for
20the safe disposal of human remains, including by embalming, burial, cremation,
21interment, disinterment, transportation, and other disposal.
AB849,5,2222 (b) Take possession and control of any human remains.
AB849,6,223 (c) Order the disposal, through burial or cremation, of any human remains of
24an individual who has died of a communicable disease, within 24 hours after the
25individual's death and consider, to the extent feasible, the religious, cultural, or

1individual beliefs of the deceased individual or his or her family in disposing of the
2remains.
AB849,6,73 (d) If reasonable and necessary for emergency response, compel a funeral
4establishment, as a condition of its permit under s. 445.105 (1), to accept human
5remains or provide the use of its business or facility, including by transferring the
6management and supervision of the funeral establishment to the public health
7authority, for a period of time not to exceed the period of the state of emergency.
AB849,6,128 (e) Require the labeling of all human remains before disposal with all available
9identifying information and information concerning the circumstances of death and,
10in addition, require that the human remains of an individual with a communicable
11disease be clearly tagged to indicate that remains contain a communicable disease
12and, if known, the specific communicable disease.
AB849,6,1913 (f) Maintain or require the maintenance of a written or electronic record of all
14human remains that are disposed of, including all available identifying information
15and information concerning the circumstances of death and disposal. If it is
16impossible to identify human remains prior to disposal, the public health authority
17may require that a qualified person obtain any fingerprints, photographs, or
18identifying dental information, and collect a specimen of deoxyribonucleic acid from
19the human remains and transmit this information to the public health authority.
AB849,7,620 (g) Notwithstanding s. 59.34 (1) or 59.35 (1), authorize a county medical
21examiner or a county coroner to appoint emergency assistant medical examiners or
22emergency deputy coroners, whichever is applicable, if necessary to perform the
23duties of the office of medical examiner or coroner, and to prescribe the duties of the
24emergency assistant medical examiners or emergency deputy coroners. The term of
25any emergency appointment authorized under this paragraph may not exceed the

1period of the state of emergency. A county medical examiner or county coroner may
2terminate an emergency appointment before the end of the period of the state of
3emergency, if termination of the appointment will not impede the performance of the
4duties of his or her office. From the appropriation under s. 20.435 (1) (e), the
5department shall reimburse counties for the cost of any emergency medical
6examiners or emergency deputy coroners appointed under this paragraph.
AB849, s. 5 7Section 5. 166.02 (1p) of the statutes is created to read:
AB849,7,88 166.02 (1p) "Biological agent" means any of the following:
AB849,7,109 (a) A select agent that is a virus, bacterium, rickettsia, fungus, or toxin that is
10specified under 42 CFR 72, Appendix A.
AB849,7,1311 (b) A genetically modified microorganism or genetic element from an organism
12under par. (a) that is shown to produce or encode for a factor associated with a
13disease.
AB849,7,1514 (c) A genetically modified microorganism or genetic element that contains
15nucleic acid sequences coding for a toxin under par. (a) or its toxic subunit.
AB849, s. 6 16Section 6. 166.02 (1r) of the statutes is created to read:
AB849,7,2017 166.02 (1r) "Bioterrorism" means the intentional use of any biological,
18chemical, or radiological agent to cause death, disease, or biological malfunction in
19a human, animal, plant, or other living organism in order to influence the policy of
20a governmental unit or to intimidate or coerce the civilian population.
AB849, s. 7 21Section 7. 166.02 (1t) of the statutes is created to read:
AB849,7,2322 166.02 (1t) "Chemical agent" means a substance that has chemical properties
23that produce lethal or serious effects in plants or animals.
AB849, s. 8 24Section 8. 166.02 (7) of the statutes is created to read:
AB849,8,2
1166.02 (7) "Public health emergency" means the occurrence or imminent threat
2of an illness or health condition that meets all of the following criteria:
AB849,8,43 (a) Is believed to be caused by bioterrorism or a novel or previously controlled
4or eradicated biological agent.
AB849,8,55 (b) Poses a high probability of any of the following:
AB849,8,66 1. A large number of deaths or serious or long-term disabilities among humans.
AB849,8,97 2. A high probability of widespread exposure to a biological, chemical, or
8radiological agent that creates a significant risk of substantial future harm to a large
9number of people.
AB849, s. 9 10Section 9. 166.02 (8) of the statutes is created to read:
AB849,8,1211 166.02 (8) "Radiological agent" means radiation or radioactive material at a
12level that is dangerous to human health.
AB849, s. 10 13Section 10. 166.03 (1) (b) 1. of the statutes is amended to read:
AB849,8,2514 166.03 (1) (b) 1. Proclaim a state of emergency for the state or any portion
15thereof of the state if he or she determines that an emergency resulting from enemy
16action or natural or man-made disaster exists. If the governor determines that a
17public health emergency exists, he or she may declare a state of emergency related
18to public health and may designate the department of health and family services as
19the lead state agency to respond to that emergency.
The duration of such state of
20emergency shall not exceed 60 days as to emergencies resulting from enemy action
21or 30 days as to emergencies resulting from natural or man-made disaster, unless
22either is extended by joint resolution of the legislature. A copy of the proclamation
23shall be filed with the secretary of state. The proclamation may be revoked at the
24discretion of either the governor by written order or the legislature by joint
25resolution.
AB849, s. 11
1Section 11. 166.03 (1) (b) 8. of the statutes is created to read:
AB849,9,52 166.03 (1) (b) 8. During a state of emergency related to public health, suspend
3the provisions of any administrative rule if the strict compliance with that rule would
4prevent, hinder, or delay necessary actions to respond to the emergency and increase
5the health threat to the population.
AB849, s. 12 6Section 12. 166.03 (2) (a) 6. of the statutes is created to read:
AB849,9,117 166.03 (2) (a) 6. No later than 90 days after a state of emergency relating to
8public health is declared and the department is designated under s. 166.03 (1) (b) 1.
9as the lead state agency to respond to that emergency and no later than 90 days after
10the termination of this state of emergency relating to public health, submit to the
11legislature under s. 13.172 (2) and to the governor a report on all of the following:
AB849,9,1312 a. The emergency powers used by the department of military affairs or its
13agents.
AB849,9,1514 b. The expenses incurred by the department of military affairs and its agents
15in acting under the state of emergency related to public health.
AB849, s. 13 16Section 13. 250.01 (6g) of the statutes is created to read:
AB849,9,1917 250.01 (6g) "Public health authority" means the department, if the governor
18declares under s. 166.03 (1) (b) 1. a state of emergency related to public health and
19designates the department as the lead state agency to respond to that emergency.
AB849, s. 14 20Section 14. 250.01 (6r) of the statutes is created to read:
AB849,9,2121 250.01 (6r) "Public health emergency" has the meaning given in s. 166.02 (7).
AB849, s. 15 22Section 15. 250.03 (3) of the statutes is created to read:
AB849,9,2523 250.03 (3) (a) No later than 90 days after a state of emergency relating to public
24health is declared and the department is designated under s. 166.03 (1) (b) 1. as the
25lead state agency to respond to that emergency and no later than 90 days after the

1termination of this state of emergency relating to public health, the department shall
2submit to the legislature under s. 13.172 (2) and to the governor a report on all of the
3following:
AB849,10,44 1. The emergency powers used by the public health authority or its agents.
AB849,10,65 2. The expenses incurred by the public health authority and its agents in acting
6under the state of emergency related to public health.
AB849,10,127 (b) Biennially, beginning on July 1, 2002, after first consulting with the
8adjutant general, local health departments, health care providers, as defined in s.
9146.81 (1), and law enforcement agencies, as defined in s. 165.77 (1) (b), the
10department shall submit to the legislature under s. 13.172 (2) and to the governor
11a report on the preparedness of the public health system to address public health
12emergencies.
AB849, s. 16 13Section 16. 250.042 of the statutes is created to read:
AB849,10,21 14250.042 Powers and duties of the department as public health
15authority.
(1) If the governor declares a state of emergency related to public health
16under s. 166.03 (1) (b) 1. and designates the department as the lead state agency, the
17department shall act as the public health authority during the period of the state of
18emergency. During the period of the state of emergency, the secretary may designate
19a local health department as an agent of the department and confer upon the local
20health department, acting under that agency, the powers and duties of the public
21health authority.
AB849,10,22 22(2) As the public health authority, the department may do any of the following:
AB849,11,223 (a) From the appropriation under s. 20.435 (1) (e), purchase, store, or distribute
24antitoxins, serums, vaccines, immunizing agents, antibiotics, and other

1pharmaceutical agents or medical supplies that the department determines are
2advisable to control a public health emergency.
AB849,11,33 (b) Act as specified in s. 252.041.
AB849,11,5 4(3) (a) As the public health authority, the department shall inform state
5residents of all of the following:
AB849,11,76 1. When a state of emergency related to public health has been declared or is
7terminated.
AB849,11,88 2. How to protect themselves from a public health emergency.
AB849,11,109 3. What actions the public health authority is taking to control a public health
10emergency.
AB849,11,1511 (b) The public health authority shall provide the information specified in par.
12(a) by all available and reasonable means calculated to inform the general public,
13including reasonable efforts to make the information accessible to individuals with
14disabilities and to provide the information in the primary languages of individuals
15who do not understand English.
AB849, s. 17 16Section 17. 251.05 (3) (e) of the statutes is created to read:
AB849,11,1817 251.05 (3) (e) Act as agent of the department, if designated by the secretary
18under s. 250.042 (1).
AB849, s. 18 19Section 18. 252.02 (title) of the statutes is amended to read:
AB849,11,20 20252.02 (title) Powers and duties of department.
AB849, s. 19 21Section 19. 252.02 (7) of the statutes is created to read:
AB849,11,2422 252.02 (7) The department shall promulgate rules that specify medical
23conditions treatable by prescriptions or nonprescription drug products for which
24pharmacists and pharmacies must report under s. 440.142 (1).
AB849, s. 20 25Section 20. 252.041 of the statutes is created to read:
AB849,12,5
1252.041 Compulsory vaccination during a state of emergency. During
2the period of a state of emergency related to public health under which the
3department is authorized to act as the lead state agency, as specified in s. 250.042
4(2), the department may do all of the following as necessary to address a public health
5emergency:
AB849,12,8 6(1) Order any individual to receive a vaccination unless the vaccination is
7reasonably likely to lead to serious harm to the individual or unless the individual,
8for reasons of religion or conscience, refuses to obtain the vaccination.
AB849,12,10 9(2) Isolate or quarantine, under s. 252.06, any individual who is unable or
10unwilling for reasons specified under sub. (1) to receive vaccination under sub. (1).
AB849, s. 21 11Section 21. 252.05 (1) of the statutes is amended to read:
AB849,12,1912 252.05 (1) Any person licensed, permitted, registered or certified under ch. 441
13or 448 knowing or having
health care provider, as defined in s. 146.81 (1), who knows
14or has
reason to know that a person treated or visited by him or her has a
15communicable disease, or having a communicable disease, has died, shall report the
16appearance of the communicable disease or the death to the local health officer. The
17local health officer shall report this information to the department or shall direct the
18person reporting to report to the department. Any person directed to report shall
19submit this information to the department.
AB849, s. 22 20Section 22. 252.06 (1) of the statutes is amended to read:
AB849,12,2521 252.06 (1) The department or the local health officer acting on behalf of the
22department may require isolation of the a patient or of an individual under s. 252.041
23(2)
, quarantine of contacts, concurrent and terminal disinfection, or modified forms
24of these procedures as may be necessary and which are as determined by the
25department by rule.
AB849, s. 23
1Section 23. 252.06 (4) of the statutes is renumbered 252.06 (4) (a).
AB849, s. 24 2Section 24. 252.06 (4) (b) of the statutes is created to read:
AB849,13,33 252.06 (4) (b) If s. 250.042 (1) applies, all of the following apply:
AB849,13,54 1. No person, other than a person authorized by the public health authority or
5agent of the public health authority, may enter an isolation or quarantine premises.
AB849,13,76 2. A violation of subd. 1. is subject to a fine not to exceed $10,000 or
7imprisonment not to exceed 9 months, or both.
AB849,13,108 3. Any person, whether authorized under subd. 1. or not, who enters an
9isolation or quarantine premises may be subject to isolation or quarantine under this
10section.
AB849, s. 25 11Section 25. 252.06 (10) (a) of the statutes is amended to read:
AB849,13,1512 252.06 (10) (a) Expenses Except as provided in par. (b) 5., expenses for
13necessary medical care, food, and other articles needed for the care and treatment
14of the infected person shall be charged against the person or whoever is liable for the
15person's support.
AB849, s. 26 16Section 26. 252.06 (10) (b) 5. of the statutes is created to read:
AB849,13,2017 252.06 (10) (b) 5. If a person is quarantined or isolated in a place that is not the
18residence of the person or of an immediate family member of the person, the expenses
19of necessary medical care, food, and other articles needed for the care and treatment
20of the person.
AB849, s. 27 21Section 27. 252.06 (10) (b) 6. of the statutes is created to read:
AB849,13,2322 252.06 (10) (b) 6. The expense of providing a reasonable means of
23communication for the person.
AB849, s. 28 24Section 28. 440.142 of the statutes is created to read:
AB849,14,3
1440.142 Reporting potential causes of public health emergency. A
2pharmacist or pharmacy shall report to the department of health and family services
3all of the following:
AB849,14,6 4(1) An unusual increase in the number of prescriptions dispensed or
5nonprescription drug products sold for the treatment of medical conditions specified
6by the department of health and family services by rule under s. 252.02 (7).
AB849,14,8 7(2) An unusual increase in the number of prescriptions dispensed that are
8antibiotic drugs.
AB849,14,10 9(3) The dispensing of a prescription for treatment of a disease that is relatively
10uncommon or may be associated with bioterrorism, as defined in s. 166.02 (1r).
AB849, s. 29 11Section 29. 895.46 (5) (c) of the statutes is created to read:
AB849,14,1312 895.46 (5) (c) An emergency assistant medical examiner or an emergency
13deputy coroner appointed under the authority of s. 157.055 (2) (h).
AB849, s. 30 14Section 30. 979.012 of the statutes is created to read:
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