AB850: Bill Text Engrossed

AB850-engrossed,16,23 252.041 Compulsory vaccination during a state of emergency. (1) Except as provided in sub. (2), during the period under which the department is designated as the lead state agency, as specified in s. 250.042 (2), the department, as the public health authority, may do all of the following as necessary to address a public health emergency:

AB850-engrossed,17,3 (a) Order any individual to receive a vaccination unless the vaccination is reasonably likely to lead to serious harm to the individual or unless the individual, for reasons of religion or conscience, refuses to obtain the vaccination.

AB850-engrossed,17,5 (b) Isolate or quarantine, under s. 252.06, any individual who is unable or unwilling for reasons specified under sub. (1) to receive vaccination under par. (a).

AB850-engrossed,17,7 (2) The department shall promulgate rules that specify circumstances, if any, under which vaccination may not be performed on an individual.

AB850-engrossed, s. 31 Section 31. 252.05 (1) of the statutes is amended to read:

AB850-engrossed,17,16 252.05 (1) Any person licensed, permitted, registered or certified under ch. 441 or 448 knowing or having health care provider, as defined in s. 146.81 (1), who knows or has reason to know believe that a person treated or visited by him or her has a communicable disease, or having a communicable disease, has died, shall report the appearance of the communicable disease or the death to the local health officer. The local health officer shall report this information to the department or shall direct the person reporting to report to the department. Any person directed to report shall submit this information to the department.

AB850-engrossed, s. 32 Section 32. 252.06 (1) of the statutes is amended to read:

AB850-engrossed,17,22 252.06 (1) The department or the local health officer acting on behalf of the department may require isolation of the patient a patient or of an individual under s. 252.041 (1) (b), quarantine of contacts, concurrent and terminal disinfection, or modified forms of these procedures as may be necessary and which are as are determined by the department by rule.

AB850-engrossed, s. 33 Section 33. 252.06 (4) of the statutes is renumbered 252.06 (4) (a).

AB850-engrossed, s. 34 Section 34. 252.06 (4) (b) of the statutes is created to read:

AB850-engrossed,17,25 252.06 (4) (b) If s. 250.042 (1) applies, all of the following apply:

AB850-engrossed,18,2 1. No person, other than a person authorized by the public health authority or agent of the public health authority, may enter an isolation or quarantine premises.

AB850-engrossed,18,4 2. A violation of subd. 1. is subject to a fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both.

AB850-engrossed,18,7 3. Any person, whether authorized under subd. 1. or not, who enters an isolation or quarantine premises may be subject to isolation or quarantine under this section.

AB850-engrossed, s. 34m Section 34m. 252.06 (10) (c) of the statutes is created to read:

AB850-engrossed,18,11 252.06 (10) (c) The expense of providing a reasonable means of communication for a person who is quarantined outside his or her home during a state of emergency related to public health shall be paid under either of the following, as appropriate:

AB850-engrossed,18,13 1. If the governor designates the department as the lead state agency under s. 166.03 (1) (b) 1., from the appropriation under s. 20.435 (1) (e).

AB850-engrossed,18,15 2. If the governor does not designate the department as the lead state agency under s. 166.03 (1) (b) 1., from the appropriation under s. 20.465 (3) (e).

AB850-engrossed, s. 35 Section 35. 440.142 of the statutes is created to read:

AB850-engrossed,18,19 440.142 Reporting potential causes of public health emergency. (1) A pharmacist or pharmacy shall report to the department of health and family services all of the following:

AB850-engrossed,18,22 (a) An unusual increase in the number of prescriptions dispensed or nonprescription drug products sold for the treatment of medical conditions specified by the department of health and family services by rule under s. 252.02 (7).

AB850-engrossed,18,24 (b) An unusual increase in the number of prescriptions dispensed that are antibiotic drugs.

AB850-engrossed,19,2 (c) The dispensing of a prescription for treatment of a disease that is relatively uncommon or may be associated with bioterrorism, as defined in s. 166.02 (1r).

AB850-engrossed,19,6 (2) (a) Except as provided in par. (b), a pharmacist or pharmacy may not report personally identifying information concerning an individual who is dispensed a prescription or who purchases a nonprescription drug product as specified in sub. (1) (a), (b), or (c).

AB850-engrossed,19,11 (b) Upon request by the department of health and family services, a pharmacist or pharmacy shall report to that department personally identifying information other than a social security number concerning an individual who is dispensed a prescription or who purchases a nonprescription drug product as specified in sub. (1) (a), (b), or (c).

AB850-engrossed, s. 36 Section 36. 979.012 of the statutes is created to read:

AB850-engrossed,19,20 979.012 Reporting deaths of public health concern. (1) If a coroner or medical examiner is aware of the death of a person who, at the time of his or her death, had an illness or a health condition that satisfies s. 166.02 (7) (a), the coroner or medical examiner shall report the illness or health condition to the department of health and family services and to the local health department, as defined in s. 250.01 (4), in whose jurisdiction the coroner or medical examiner is located in writing or by electronic transmission within 24 hours of learning of the deceased's illness or health condition.

AB850-engrossed,19,22 (2) In a report under sub. (1), the coroner or medical examiner shall include all of the following information if such information is available:

AB850-engrossed,19,23 (a) The illness or health condition of the deceased.

AB850-engrossed,19,25 (b) The name, date of birth, gender, race, occupation, and home and work addresses of the deceased.

AB850-engrossed,20,1 (c) The name and address of the coroner or medical examiner.

AB850-engrossed,20,4 (d) If the illness or health condition was related to an animal or insect bite, the suspected location where the bite occurred and the name and address of the owner of the animal or insect, if an owner is identified.

AB850-engrossed, s. 37 Section 37. Nonstatutory provisions.

AB850-engrossed,20,6 (1) Exceptions to compulsory vaccination; rules.

AB850-engrossed,20,10 (a) The department of health and family services shall submit in proposed form the rules required under section 252.041 (2) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 6th month beginning after the effective date of this subsection.

AB850-engrossed,20,20 (b) Using the procedure under section 227.24 of the statutes, the department of health and family services may promulgate rules required under section 252.041 (2) of the statutes, as created by this act, for the period before the effective date of the rules submitted under paragraph (a), but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department of health and family services is not required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph.

AB850-engrossed,20,22 (2) Medical conditions for which pharmaceutical drugs are dispensed or sold; rules.

AB850-engrossed,21,2 (a) The department of health and family services shall submit in proposed form the rules required under section 252.02 (7) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 6th month beginning after the effective date of this subsection.

AB850-engrossed,21,12 (b) Using the procedure under section 227.24 of the statutes, the department of health and family services may promulgate rules required under section 252.02 (7) of the statutes, as created by this act, for the period before the effective date of the rules submitted under paragraph (a), but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b) and (3) of the statutes, the department of health and family services is not required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph.

AB850-engrossed, s. 38 Section 38. Effective dates. This act takes effect on the day after publication, except as follows:

AB850-engrossed,21,17 (1) Exceptions to compulsory vaccination; rules. The treatment of section 252.041 (1) of the statutes takes effect on the first day of the fifth month beginning after publication.

AB850-engrossed,21,20 (2) Medical conditions for which pharmaceutical drugs are dispensed or sold; rules. The treatment of section 440.142 (1) of the statutes takes effect on the first day of the fifth month beginning after publication.

AB850-engrossed,21,21 (End)