AB483: Bill Text

LRB-1673/3

DAK:kjf:rs

2007 - 2008 LEGISLATURE

2007 Assembly BILL 483

August 9, 2007 - Introduced by Representatives Hines, Hahn, F. Lasee, Mursau, A. Ott, Owens and A. Williams, cosponsored by Senators Miller, Lassa, Olsen, Darling, Roessler and Schultz. Referred to Committee on Public Health.

AB483,3,12 An Act to repeal 146.185 (title), 146.185 (1) (intro.), 146.19 (title), 146.50 (1) (hm), 146.50 (1) (m), 146.53 (1) (intro.), 146.53 (1) (a), 146.53 (1) (c), 146.53 (1) (e), 146.53 (1) (f), 146.55 (1) (b), 146.55 (1) (d), 146.55 (1) (e), 146.55 (1) (f), 251.06 (1m) and 254.59 (4); to renumber 146.185 (1) (a) to (e), 146.185 (1) (f), 146.185 (1) (g), 146.185 (1) (h), 146.185 (1) (i), 146.185 (2) to (4), 146.19 (1) (intro.), 146.19 (1) (a), 146.19 (1) (b), 146.19 (1) (c), 146.19 (1) (d), 146.19 (2), 146.301, 146.50 (title), 146.50 (1) (intro.), 146.50 (1) (ag), 146.50 (1) (am), 146.50 (1) (c), 146.50 (1) (cr), 146.50 (1) (d), 146.50 (1) (dm), 146.50 (1) (e), 146.50 (1) (f), 146.50 (1) (g), 146.50 (1) (h), 146.50 (1) (hr), 146.50 (1) (i), 146.50 (1) (ig), 146.50 (1) (im), 146.50 (1) (j), 146.50 (1) (k), 146.50 (1) (L), 146.50 (1) (n), 146.50 (1) (p), 146.50 (2) to (4), 146.50 (5) (title), 146.50 (5) (c) to (f), 146.50 (6) (title), 146.50 (6) (a) 1. to 4., 146.50 (6) (b) 2., 146.50 (6) (c) 2., 146.50 (6g) (title), 146.50 (6g) (b), 146.50 (6n), 146.50 (8) (title), 146.50 (8) (b) 1. to 3., 146.50 (8) (d) and (e), 146.50 (8) (g), 146.50 (8m), 146.50 (9), 146.50 (10) to (11) (d), 146.50 (11) (f) to (13), 146.51 (title), 146.51 (1) (intro.), 146.51 (1m) to (3), 146.52 (title), 146.52 (1) (intro.), 146.52 (1m) to (5), 146.53 (title), 146.53 (1) (b), 146.53 (2) and (3), 146.53 (5) (intro.) and (a), 146.53 (5) (c) to (k), 146.55 (title), 146.55 (2) and (2m), 146.55 (4) (title), 146.55 (4) (b), 146.55 (4) (c), 146.55 (5) (title), 146.55 (5) (b), 146.55 (6) (title), 146.55 (6) (b), 146.55 (8), 146.56, 146.57 (title), 146.57 (1m) (intro.), 146.57 (1m) (a) (intro.), 146.57 (1m) (a) 2. to (4), 146.58 (title), 146.58 (intro.) to (6), 146.58 (8), 146.70 (title), 146.70 (1) to (2) (a), 146.70 (2) (c) to (3m) (c), 146.70 (3m) (d) (title), 146.70 (3m) (d) 1e. to (11) and 146.995; to renumber and amend 146.19 (4), 146.50 (5) (a), 146.50 (5) (b), 146.50 (5) (g), 146.50 (6) (a) (intro.), 146.50 (6) (b) 1., 146.50 (6) (c) (intro.), 146.50 (6) (c) 1., 146.50 (6g) (a), 146.50 (7), 146.50 (8) (a), 146.50 (8) (b) (intro.), 146.50 (8) (c), 146.50 (8) (f), 146.50 (11) (e), 146.51 (1) (a), 146.51 (1) (b), 146.51 (1) (c), 146.52 (1) (a), 146.52 (1) (b), 146.52 (1) (c), 146.53 (1) (d), 146.53 (4), 146.53 (5) (b), 146.55 (1) (a), 146.55 (4) (a), 146.55 (5) (a), 146.55 (6) (a), 146.55 (7), 146.57 (1m) (a) 1., 146.58 (7), 146.70 (2) (b) and 251.06 (3) (e); to consolidate, renumber and amend 146.55 (1) (intro.) and (g); to amend 16.25 (1) (am), 20.155 (3) (q), 20.435 (1) (gm), 20.435 (5) (ch), 20.435 (5) (ds), 20.435 (5) (kb), 20.435 (5) (ke), 21.72 (1) (a) 4., 25.98, 36.27 (3m) (a) 1g., 38.04 (9), 38.24 (5) (a) 1j., 48.685 (1) (ag) 2., 49.857 (1) (d) 4., 50.065 (1) (ag) 2., 66.0314 (1) (b), 66.0608 (1) (a), 66.0608 (1) (d), 73.0301 (1) (d) 3., 77.51 (4) (b) 8., 77.51 (15) (b) 7., 77.54 (37), 85.12 (2), 85.32, 102.07 (7) (b), 118.29 (1) (c), 146.37 (1) (a), 146.37 (1) (b), 146.37 (1g), 146.38 (1) (b), 146.38 (1) (c), 146.38 (5), 146.82 (1), 146.82 (2) (a) 2. (intro.), 146.997 (1) (d) 14., 154.17 (3), 154.17 (3m), 165.25 (6) (c), 165.85 (4) (b) 1d. e., 171.30 (6), 196.207 (3) (a), 233.04 (10), 250.01 (intro.), 251.05 (1) (a), 251.05 (1) (b), 251.05 (1) (c), 251.05 (3) (c), 252.14 (1) (ar) 13., 252.15 (1) (af), 254.01 (2), 254.59 (2), 254.59 (5), 255.06 (3), 340.01 (3) (dm) 2., 343.23 (2) (a) 1., 343.23 (2) (a) 3., 440.98 (3), 440.9805 (1), 893.82 (2) (d) 1r., 895.35 (2) (a) 2., 895.46 (5) (b), 895.48 (1m) (a) (intro.), 905.04 (4) (h), 940.20 (7) (a) 1e., 940.20 (7) (a) 2g., 940.20 (7) (a) 2m., 941.20 (1m) (a) 1., 941.20 (1m) (a) 2., 941.20 (1m) (a) 3., 941.37 (1) (a), 941.37 (1) (c), 941.375 (1) (a) and 941.375 (1) (b); to repeal and recreate 254.59 (1); and to create 250.20, 251.01 (8), 251.06 (3) (e) 1., 251.06 (3) (e) 2., 251.06 (3) (e) 3., 251.07, 254.59 (3), 254.59 (3m), 254.59 (7), 254.59 (8) and chapter 256 of the statutes; relating to: abatement or removal of human health hazards, requirements for certain local health officers, personnel of a local health department, state agency status for certain physicians, community health improvement plans, emergency medical services, requiring the exercise of rule-making authority, and providing penalties.

Analysis by the Legislative Reference Bureau

Human health hazard abatement or removal

Under current law, if a local health officer finds a human health hazard on private premises, he or she must notify the owner or occupant by registered mail and order the abatement or removal within 30 days; if the owner or occupant fails to comply, the local health officer may enter the premises and abate or remove the hazard or contract to have the work performed. A human health hazard is defined as a substance, activity, or condition that is known to have the potential to cause acute or chronic illness or death if exposure to the substance, activity, or condition is not abated. The cost of abatement or removal by the local health officer may be recovered from the person who has permitted the hazard to exist or may be levied as a special tax on the land, and anyone maintaining a human health hazard may be fined not more than $300 or imprisoned for not more than 90 days or both. Similarly, in cities under general charter, a local health officer may enter into and examine any place at any time to ascertain health conditions; anyone refusing entrance at reasonable hours must be fined. For abatement or removal of a human health hazard, the local health officer must serve at least a 24-hour notice to the owner or occupant. A first class city may follow these provisions or the provisions of its charter.

This bill revises and consolidates provisions relating to abatement and removal of human health hazards. The bill changes the definition of a human health hazard to be a substance, activity, or condition that is known to have the potential to cause acute or chronic illness, to endanger life, to generate or spread infectious diseases, or otherwise injuriously to affect the health of the public. The bill authorizes a local health officer who is refused entry by the owner or occupant of a property or premises for which the local health officer has received a complaint or has probable cause to believe a human health hazard exists to seek a special inspection warrant or, if a suspected human health hazard poses an immediate threat, to enter the property or premises without consent or a special inspection warrant. For a human health hazard that is found, the local health officer must notify the owner or occupant and order abatement or removal within a reasonable time period, not to exceed 30 days. If the owner or occupant fails to comply with the order within the time period and if the nature of this human health hazard does not pose an immediate threat, the local health officer shall abate or remove the hazard or contract to have that done or shall report the failure to comply to the attorney for the applicable city, town, village, or county, who may initiate court action to abate. For a human health hazard that is found and that poses an immediate threat to the health of an individual or the public, however, the local health officer must make a good-faith effort to notify the owner or occupant, confirm the notice by personal service or by mail to the owner's or occupant's last-known address, and must summarily abate or remove the hazard. A county, city, village, or town with a local health department may enact an ordinance concerning abatement or removal of a human health hazard that is at least as restrictive as the statutory provisions and that may be enforced in the county, city, village, or town that enacted it.

The bill eliminates provisions concerning authority of a local health officer to abate or remove a human health hazard in a city with a general charter. Lastly, the bill changes a penalty for maintenance of a human health hazard that requires abatement or removal to a fine of not more than $1,000 or imprisonment for not more than 90 days or both.

Requirements for certain local health officers

Current law specifies numerous qualification requirements for local health officers of Levels I, II, and III local health departments. However, current law also specifies that, in a county with a county human services department, the local health officer need not meet the qualification requirements if that county human services department employs at least one individual who meets those requirements.

This bill eliminates the exception to qualification requirements for a local health officer if the applicable county has a county department of human services that employs an individual who meets the requirements. The change first applies to local health officers hired on the effective date of the bill as an act.

Personnel of a local health department

Under current law, a local health officer must appoint all necessary subordinate personnel. This bill clarifies that "subordinate personnel" that local health officers must appoint may include public health educators, nutritionists, and dental hygienists who meet specified qualification requirements.

State agency status for certain physicians

Under current law, for a person with status as a state agent of the Department of Health and Family Services (DHFS), the attorney general may, if requested by the secretary of health and family services, appear and defend the person in any civil action or other matter brought before a court as the result of an act committed in the lawful course of the agent's duties. In addition, a civil action or civil proceeding against a state agent for medical malpractice allegedly committed in the course of the discharge of the agent's duties may not be brought unless the claimant serves on the attorney general written notice within 180 days after discovery of the injury or the date on which, in the exercise of reasonable diligence, the injury should have been discovered. Lastly, total judgments may not exceed $250,000 and may not include punitive damages; judgments in excess of any insurance coverage applicable to the state agent defendant must be paid by the state; and a governmental unit need not provide or pay for legal representation if applicable insurance coverage provides the representation.

This bill accords physicians, who are not employees of a local health department but who provide services, without compensation, for those programs and services provided by a local health department that require medical oversight, status as state agents of DHFS for the provision of the services that the physicians provide for the local health department.

Community health improvement plans

Currently, local health departments must, among other things, involve policymakers and the public in determining a set of priority public health services and assure access to these services to every member of the community.

This bill modifies this requirement to require the local health department to involve policymakers and the public in development of a community health improvement plan that includes actions to implement certain services and functions.

Other

The bill creates a new chapter of the statutes and renumbers numerous public health provisions relating to emergency medical services into this chapter. The bill renumbers provisions concerning minority health and cooperative American Indian health services into the statutory chapter relating to administration and supervision of health; and renumbers provisions concerning the statewide poison control system and the reporting of wounds and burn injuries into the statutory chapter relating to chronic disease and injuries.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report concerning the proposed penalty and the costs or savings that are likely to result if the bill is enacted.

For further information see the local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB483, s. 1 Section 1. 16.25 (1) (am) of the statutes is amended to read:

AB483,6,2 16.25 (1) (am) "First responder" means an individual certified under s. 146.50 (8) 256.15 (8) (a).

AB483, s. 2 Section 2. 20.155 (3) (q) of the statutes is amended to read:

AB483,6,7 20.155 (3) (q) General program operations and grants. From the wireless 911 fund, all moneys received under s. 146.70 256.35 (3m) (f) 1. to administer and make grants under s. 146.70 256.35 (3m) (d) and supplemental grants under s. 146.70 256.35 (3m) (e).

AB483, s. 3 Section 3. 20.435 (1) (gm) of the statutes is amended to read:

AB483,6,18 20.435 (1) (gm) Licensing, review and certifying activities; fees; supplies and services. The amounts in the schedule for the purposes specified in ss. 146.50 (8), 252.23, 252.24, 252.245, 254.176, 254.178, 254.179, 254.20 (5) and (8), 254.31 to 254.39, 254.41, 254.47, 254.61 to 254.88, and 255.08 (2), and 256.15 (8) and ch. 69, for the purchase and distribution of medical supplies and to analyze and provide data under s. 250.04. All moneys received under ss. 146.50 (5) (f) and (8) (d), 250.04 (3m), 252.23 (4) (a), 252.24 (4) (a), 252.245 (9), 254.176, 254.178, 254.181, 254.20 (5) and (8), 254.31 to 254.39, 254.41, 254.47, 254.61 to 254.88, and 255.08 (2) (b), and 256.15 (5) (f) and (8) (d) and ch. 69, other than s. 69.22 (1m), and as reimbursement for medical supplies shall be credited to this appropriation account.

AB483, s. 4 Section 4. 20.435 (5) (ch) of the statutes is amended to read:

AB483,6,24 20.435 (5) (ch) Emergency medical services; aids. The amounts in the schedule for emergency medical technician — basic training and examination aid under s. 146.55 256.12 (5) and for ambulance service vehicles or vehicle equipment, emergency medical services supplies or equipment or emergency medical training for personnel under s. 146.55 256.12 (4).

AB483, s. 5 Section 5. 20.435 (5) (ds) of the statutes is amended to read:

AB483,7,3 20.435 (5) (ds) Statewide poison control program. The amounts in the schedule to supplement the operation of a statewide poison control program under s. 146.57 255.35 (3) and for the statewide collection and reporting of poison control data.

AB483, s. 6 Section 6. 20.435 (5) (kb) of the statutes is amended to read:

AB483,7,10 20.435 (5) (kb) Minority health. The amounts in the schedule for the minority health program under s. 146.185 250.20 (3) and (4). All moneys transferred from the appropriation account under s. 20.505 (8) (hm) 6e. shall be credited to this appropriation. Notwithstanding s. 20.001 (3) (a), the unencumbered balance on June 30 of each year shall revert to the appropriation account under s. 20.505 (8) (hm).

AB483, s. 7 Section 7. 20.435 (5) (ke) of the statutes is amended to read:

AB483,7,17 20.435 (5) (ke) Cooperative American Indian health projects. The amounts in the schedule for grants for cooperative American Indian health projects under s. 146.19 250.20 (5). All moneys transferred from the appropriation account under s. 20.505 (8) (hm) 18b. shall be credited to this appropriation account. Notwithstanding s. 20.001 (3) (a), the unencumbered balance on June 30 of each year shall revert to the appropriation account under s. 20.505 (8) (hm).

AB483, s. 8 Section 8. 21.72 (1) (a) 4. of the statutes is amended to read:

AB483,7,25 21.72 (1) (a) 4. A license, certificate of approval, provisional license, conditional license, certification, certification card, registration, permit, training permit, or approval specified in s. 49.45 (2) (a) 11., 51.42 (7) (b) 11., 51.421 (3) (a), 146.50 (5) (a) or (b), (6g) (a), (7), or (8) (a) or (f), 252.23 (2), 252.24 (2), 254.176, 254.178 (2) (a), 254.20 (2), (3), or (4), 254.64 (1) (a) or (b), 254.71 (2), 255.08 (2) (a), 256.15 (5) (a) or (b), (6g) (a), (7), or (8) (a) or (f), or 343.305 (6) (a) or a permit for the operation of a campground specified in s. 254.47 (1).

AB483, s. 9 Section 9. 25.98 of the statutes is amended to read:

AB483,8,4 25.98 Wireless 911 fund. There is established a separate nonlapsible trust fund designated as the wireless 911 fund, consisting of deposits by the public service commission under s. 146.70 256.35 (3m) (f) 1.

AB483, s. 10 Section 10. 36.27 (3m) (a) 1g. of the statutes is amended to read:

AB483,8,7 36.27 (3m) (a) 1g. "Emergency medical services technician" means an individual under s. 146.50 (1) (e), (f), (g), (h) or (hm) 256.01 (5) or (9).

AB483, s. 11 Section 11. 38.04 (9) of the statutes is amended to read: