146.0255(2)
(2) Testing. Any hospital employe who provides health care, social worker or intake worker under
ch. 48 may refer an infant to a physician for testing of the infant's bodily fluids for controlled substances or controlled substance analogs if the hospital employe who provides health care, social worker or intake worker suspects that the infant has controlled substances or controlled substance analogs in the infant's bodily fluids because of the mother's use of controlled substances or controlled substance analogs while she was pregnant with the infant. The physician may test the infant to ascertain whether or not the infant has controlled substances or controlled substance analogs in the infant's bodily fluids, if the physician determines that there is a serious risk that there are controlled substances or controlled substance analogs in the infant's bodily fluids because of the mother's use of controlled substances or controlled substance analogs while she was pregnant with the infant and that the health of the infant may be adversely affected by the controlled substances [or controlled substance analogs]. If the results of the test indicate that the infant does have controlled substances or controlled substance analogs in the infant's bodily fluids, the physician shall make a report under
s. 46.238.
146.0255 Note
NOTE: Sub. (2) is shown as affected by two acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c). The bracketed language indicates the correct terminology.
1995 Wis. Act 448 changed the term "controlled substances" to "controlled substances or controlled substance analogs" throughout this section.
1995 Wis. Act 386 added a reference to "controlled substances", but that act did not take the treatment by Act 448 into account.
146.0255(3)
(3) Test results. The physician who performs a test under
sub. (2) shall provide the infant's parents or guardian with all of the following information:
146.0255(3)(a)
(a) A statement of explanation concerning the test that was performed, the date of performance of the test and the test results.
146.0255(3)(b)
(b) A statement of explanation that the test results must be disclosed to a county department under
s. 46.215,
46.22 or
46.23 in accordance with
s. 46.238 if the test results are positive.
146.0255(4)
(4) Confidentiality. The results of a test given under this section may be disclosed as provided in
sub. (3).
146.0255 History
History: 1989 a. 122,
359;
1993 a. 16,
446;
1995 a. 386,
448; s. 13.93 (2) (c).
146.085
146.085
Pay toilets prohibited. 146.085(1)
(1)
Prohibition. The owner or manager of any public building shall not permit an admission fee to be charged for the use of any toilet compartment.
146.085(2)
(2) Penalty. Any person who violates this section shall be fined not less than $10 nor more than $50.
146.085(3)
(3) Enforcement. The department, the department of commerce and the public service commission shall enforce this section within their respective jurisdictions.
146.15
146.15
Information. State officials, physicians of mining, manufacturing and other companies or associations, officers and agents of a company incorporated by or transacting business under the laws of this state, shall when requested furnish, so far as practicable, the department any information required touching the public health; and for refusal shall forfeit $10.
146.16
146.16
Expenses. Expenses incurred under this chapter, not made otherwise chargeable, shall be paid by the town, city or village.
146.16 History
History: 1983 a. 27 s.
2202 (20);
1993 a. 27; 1995 a 227.
146.17
146.17
Limitations. Nothing in the statutes shall be construed to authorize interference with the individual's right to select his or her own physician or mode of treatment, nor as a limitation upon the municipality to enact measures in aid of health administration, consistent with statute and acts of the department.
146.17 History
History: 1993 a. 482.
146.183
146.183
High-risk pregnancy grants. 146.183(1)(a)(a) From the appropriation under
s. 20.435 (1) (ei), the department shall allocate grants in each fiscal year to local health departments, family planning agencies and nonprofit health care agencies that have applied for the grants, to provide all of the following services:
146.183(1)(a)1.
1. Early identification of women who are at high risk of having problem pregnancies due to alcohol or other drug use or abuse.
146.183(1)(a)3.
3. Referral of women who are at high-risk of having problem pregnancies due to alcohol or other drug use or abuse for early and comprehensive prenatal care and alcohol and other drug abuse treatment and referral for case management.
146.183(1)(b)
(b) The department shall develop procedures and criteria for the review and award of grants under this section.
146.183(2)
(2) This section does not apply after June 30, 1993.
146.19
146.19
Cooperative American Indian health projects. 146.19(1)(a)
(a) "Inter-tribal organization" means an organization or association of tribes or tribal agencies.
146.19(1)(b)
(b) "Other agencies and organizations" means agencies of local, state and federal governments and private organizations that are not inter-tribal organizations or tribal agencies.
146.19(1)(c)
(c) "Tribal agency" means an agency of the governing body of a tribe.
146.19(1)(d)
(d) "Tribe" means the governing body of a federally recognized American Indian tribe or band located in this state.
146.19(2)
(2) Cooperative American Indian health project grants. From the appropriation under
s. 20.435 (1) (ek), the department shall award grants for cooperative American Indian health projects in order to promote cooperation among tribes, tribal agencies, inter-tribal organizations and other agencies and organizations in addressing specific problem areas in the field of American Indian health. A tribe, tribal agency or inter-tribal organization may apply, in the manner specified by the department, for a grant of up to $10,000 to conduct a cooperative American Indian health project, which meets all of the following requirements:
146.19(2)(a)
(a) The project involves the cooperation of 2 or more tribes, tribal agencies, inter-tribal organizations or other agencies or organizations.
146.19(2)(b)
(b) The project is designed to do at least one of the following:
146.19(2)(b)1.
1. Develop, test or demonstrate solutions for specific American Indian health problems which, if proven effective, may be applied by other tribes, tribal agencies, inter-tribal organizations or other agencies or organizations.
146.19(2)(b)2.
2. Fund start-up costs of cooperative programs to deliver health care services to American Indians.
146.19(2)(b)3.
3. Conduct health care needs assessments and studies related to health care issues of concern to American Indians.
146.19(3)
(3) Priorities. In awarding grants under
sub. (2), the department shall consider the goals or priorities specified in the state American Indian health plan under
s. 46.35 (2) (a).
146.19(4)
(4) Limitation; matching funds. A grant awarded under
sub. (2) may not exceed 50% of the cost of the cooperative American Indian health project. Participants in a funded project, as specified in
sub. (2) (a), may use in-kind contributions to provide part or all of the required match.
146.19 History
History: 1993 a. 16.
146.22
146.22
Flushing devices for urinals. The department shall not promulgate any rules which either directly or indirectly prohibit the use of manual flushing devices for urinals. The department shall take steps to encourage the use of manual flushing devices for urinals.
146.22 History
History: 1977 c. 418.
146.301
146.301
Refusal or delay of emergency service. 146.301(1)
(1) In this section "hospital providing emergency services" means a hospital which the department has identified as providing some category of emergency service.
146.301(2)
(2) No hospital providing emergency services may refuse emergency treatment to any sick or injured person.
146.301(3)
(3) No hospital providing emergency services may delay emergency treatment to a sick or injured person until credit checks, financial information forms or promissory notes have been initiated, completed or signed if, in the opinion of one of the following, who is an employe, agent or staff member of the hospital, the delay is likely to cause increased medical complications, permanent disability or death:
146.301(3)(a)
(a) A physician, registered nurse or emergency medical technician—paramedic.
146.301(3)(b)
(b) A licensed practical nurse under the specific direction of a physician or registered nurse.
146.301(3)(c)
(c) A physician assistant or any other person under the specific direction of a physician.
146.301(3m)
(3m) Hospitals shall establish written procedures to be followed by emergency services personnel in carrying out
sub. (3).
146.301(4)
(4) No hospital may be expected to provide emergency services beyond its capabilities as identified by the department.
146.301(5)
(5) Each hospital providing emergency services shall create a plan for referrals of emergency patients when the hospital cannot provide treatment for such patients.
146.301(6)
(6) The department shall identify the emergency services capabilities of all hospitals in this state and shall prepare a list of such services. The list shall be updated annually.
146.301(7)
(7) A hospital which violates this section may be fined not more than $1,000 for each offense.
146.31
146.31
Blood or tissue transfer services. 146.31(1)
(1) It is unlawful to operate a blood bank for commercial profit.
146.31(2)
(2) The procurement, processing, distribution or use of whole blood, plasma, blood products, blood derivatives and other human tissues such as corneas, bones or organs for the purpose of injecting, transfusing or transplanting any of them into the human body is declared to be, for all purposes except as provided under
s. 146.345, the rendition of a service by every person participating therein and, whether or not any remuneration is paid therefor, not to be a sale of the whole blood, plasma, blood products, blood derivatives or other tissues. No person involved in the procurement, processing, distribution or use of whole blood, plasma, blood products or blood derivatives for the purpose of injecting or transfusing any of them into the human body shall be liable for damages resulting from these activities except for his or her own negligence or wilful misconduct.
146.31(3)
(3) No hospital, nonprofit tissue bank, physician, nurse or other medical personnel acting under the supervision and direction of a physician involved in the procurement, processing, distribution or use of human tissues such as corneas, bones or organs for the purpose of transplanting any of them into the human body shall be liable for damages resulting from those activities except for negligence or wilful misconduct by that hospital, nonprofit tissue bank, physician, nurse or other medical personnel.
146.31 History
History: 1975 c. 75,
76;
1987 a. 97.
146.31 Annotation
Sub. (1) is an unconstitutional violation of the commerce clause, art. I, sec. 8, and the supremacy clause, art. VI, of the U.S. Constitution. State v. Interstate Blood Bank, Inc. 65 W (2d) 482, 222 NW (2d) 912.
146.33
146.33
Blood donors. Any person 17 years old or older may donate blood in any voluntary and noncompensatory blood program.
146.33 History
History: 1971 c. 228;
1983 a. 21.
146.34
146.34
Donation of bone marrow by a minor. 146.34(1)(a)
(a) "Bone marrow" means the soft material that fills human bone cavities.
146.34(1)(b)
(b) "Bone marrow transplant" means the medical procedure by which transfer of bone marrow is made from the body of a person to the body of another person.
146.34(1)(c)
(c) "Donor" means a minor whose bone marrow is transplanted from his or her body to the body of the minor's brother or sister.
146.34(1)(d)
(d) "Guardian" means the person named by the court under
ch. 48 or
880 having the duty and authority of guardianship.
146.34(1)(e)
(e) "Legal custodian" means a person other than a parent or guardian or an agency to whom the legal custody of a minor has been transferred by a court under
ch. 48 or
938, but does not include a person who has only physical custody of a minor.
146.34(1)(f)
(f) "Parent" means a biological parent, a husband who has consented to the artificial insemination of his wife under
s. 891.40 or a parent by adoption. If the minor is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under
s. 767.60, "parent" includes a person adjudged in a judicial proceeding under
ch. 48 to be the biological father of the minor. "Parent" does not include any person whose parental rights have been terminated.
146.34(1)(g)
(g) "Physician" means a person licensed to practice medicine and surgery under
ch. 448.
146.34(1)(h)
(h) "Psychiatrist" means a physician specializing in psychiatry.
146.34(1)(i)
(i) "Psychologist" means a person licensed to practice psychology under
ch. 455.
146.34(1)(j)
(j) "Relative" means a parent, grandparent, stepparent, brother, sister, first cousin, nephew or niece; or uncle or aunt within the 3rd degree of kinship as computed under
s. 852.03 (2). This relationship may be by consanguinity or direct affinity.
146.34(2)
(2) Prohibition on donation of bone marrow by a minor. Unless the conditions under
sub. (3) or
(4) have been met, no minor may be a bone marrow donor in this state.
146.34(3)
(3) Consent to donation of bone marrow by a minor under 12 years of age. If the medical condition of a brother or a sister of a minor who is under 12 years of age requires that the brother or sister receive a bone marrow transplant, the minor is deemed to have given consent to be a donor if all of the following conditions are met:
146.34(3)(a)
(a) The physician who will remove the bone marrow from the minor has informed the parent, guardian or legal custodian of the minor of all of the following:
146.34(3)(a)2.
2. The benefits and risks to the prospective donor and prospective recipient of performance of the bone marrow transplant.
146.34(3)(a)3.
3. The availability of procedures alternative to performance of a bone marrow transplant.
146.34(3)(b)
(b) The physician of the brother or sister of the minor has determined all of the following, has confirmed those determinations through consultation with and under recommendation from a physician other than the physician under
par. (a) and has provided the determinations to the parent, guardian or legal custodian under
par. (e):
146.34(3)(b)1.
1. That the minor is the most acceptable donor who is available.
146.34(3)(b)2.
2. That no medically preferable alternatives to a bone marrow transplant exist for the brother or sister.
146.34(3)(c)
(c) A physician other than a physician under
par. (a) or
(b) has determined the following and has provided the determinations to the parent, guardian or legal custodian under
par. (e):
