252.06(10)(b)2.
2. The expense of maintaining quarantine and enforcing isolation of the quarantined area.
252.06(10)(b)3.
3. The expense of conducting examinations and tests for disease carriers made under the direction of the local health officer.
252.06 History
History: 1981 c. 291;
1983 a. 189 s.
329 (19);
1993 a. 27 s.
295; Stats. 1993 s. 252.06.
252.07(1)(1) Tuberculosis is a communicable disease caused by mycobacterium tuberculosis and is subject to the reporting requirements specified in
s. 252.05. Any laboratory that performs a test for tuberculosis shall report all positive results to the local health officer and to the department.
252.07(2)
(2) The department shall identify groups at risk for contracting or transmitting mycobacterium tuberculosis and shall recommend the protocol for screening members of those groups. If necessary to prevent or control the transmission of mycobacterium tuberculosis, the department may promulgate rules that require screening of members of specific groups that are at risk for contracting or transmitting mycobacterium tuberculosis.
252.07(4)
(4) Any court of record may commit a person infected with mycobacterium tuberculosis to a place that will provide proper care and prevent the spread of the disease if the disease is diagnosed by a medical, laboratory or X-ray examination and if the person fails to comply with this chapter or with rules of the department concerning tuberculosis. If the local health officer or any resident of the municipality in which an alleged violation of this subsection occurs petitions the court and states the facts of the alleged violation, the court shall summon the person infected with tuberculosis to appear in court on a date at least 48 hours, but not more than 96 hours, after service of the summons. The court may order the person discharged. If the administrative officer of the institution has good cause to believe that a person who is committed may leave without a court order, the officer may restrain the person from leaving. The administrative officer may segregate any person who is committed, as needed.
252.07(5)
(5) Upon report of any person under
sub. (1), the local health officer shall at once investigate and make and enforce the necessary orders.
252.07(7)
(7) For the purpose of this section persons in charge of common carriers shall have police powers.
252.073
252.073
County tuberculosis sanatoriums. 252.073(1)
(1)
Establishment, government. Every county may, under this section, establish a county tuberculosis sanatorium. In counties with a population of 500,000 or more the institution shall be governed under
s. 46.21. In all other counties it shall be governed under
ss. 46.18,
46.19 and
46.20, except as otherwise provided in this chapter.
252.073(2)
(2) Superintendent. The superintendent shall be either a registered nurse with a graduate degree in nursing or a physician. If the superintendent is a registered nurse, the trustees shall appoint and fix the compensation of a visiting physician, and may appoint and fix the compensation of a business manager other than the superintendent, and a director of occupational therapy. The director of occupational therapy may be employed on a part-time basis jointly with other county or state institutions.
252.073(3)
(3) Compensation of trustees. The trustees of the sanatorium shall receive compensation as determined under the provisions of
s. 59.22.
252.073(4)
(4) Site and building regulations. The department shall fix reasonable standards for the construction and repair of county tuberculosis sanatoriums with respect to their adequacy and fitness for the needs of the community which they are to serve. Purchase of sites shall be subject to the approval of the department.
252.073(5)
(5) Approval of plans for sanatorium. The plans and specifications for such sanatorium buildings must be approved by the department as conforming with said standards and all the requirements of this chapter before any building is constructed.
252.073(6)
(6) Trustees of county sanatorium. The county sanatorium shall be controlled and managed, subject to regulations approved by the county board, by 3 trustees (electors of the county) elected by the county board in the manner, at the times, for the terms, and subject to the limitations and conditions provided in
s. 46.18.
252.073(7)
(7) Report of trustees to department. On each July 1 the trustees shall prepare a detailed financial report, as specified in
s. 46.18 (7) to
(10), for the preceding fiscal year and shall transmit one copy to the department, one copy to the county clerk and keep one copy on file at the sanatorium. Such report shall be accompanied by an inventory of all properties on hand at the end of the fiscal year, an estimate of the receipts and expenses of the current year and the reports of the superintendent and visiting physicians. A copy of this report shall be on file in the department not later than August 15 following the close of the fiscal year.
252.073(8)
(8) Semiannual inspection of buildings. Before the occupancy of any such building, and semiannually thereafter, the department shall cause such building to be inspected with respect to its safety, sanitation, adequacy and fitness, and report to the authorities conducting said institution any deficiency found, stating the nature of the deficiency, in whole or in part, and ordering the necessary work to correct it or that a new building shall be provided. If within 6 months thereafter such work be not commenced, or not completed within a reasonable period thereafter, to the satisfaction of the department, it shall suspend the allowance of any state aid for, and prohibit the use of such building for the purposes of said institution until said order shall have been complied with.
252.073 History
History: 1975 c. 413 s.
2; Stats. 1975 s. 149.01;
1977 c. 29;
1983 a. 27;
1991 a. 274;
1993 a. 27 s.
397; Stats. 1993 s. 252.073;
1995 a. 201.
252.076
252.076
Joint county home and county tuberculosis sanatorium. 252.076(1)(1) Such portions of the buildings, grounds and facilities of an established county tuberculosis sanatorium not needed for hospitalization or treatment of tuberculosis patients and such improvements and additions as the county board of supervisors may make in connection therewith may be established and used as a county home for the aged or a unit thereof when the board of supervisors of the county by a majority vote of its members so determines and makes provision therefor in accordance with this section.
252.076(2)
(2) No county home or unit thereof so established shall be used or occupied for such purpose unless and until:
252.076(2)(a)
(a) The facilities used as a county home for the aged are separated from the remaining facilities used as a tuberculosis sanatorium in a manner designed to prevent the spread of tuberculosis and approved by the department.
252.076(2)(b)
(b) The buildings thereof are disinfected in a manner approved by the department; and
252.076(2)(c)
(c) Adequate provision is made for sanitation of dishes and tableware and precaution is taken to prevent food contamination and introduction of a source of infection to the county home unit, in accordance with such methods and standards as the department may prescribe.
252.076(3)
(3) Management of the 2 jointly housed units shall be separate and distinct. The county home unit shall for all purposes be deemed part of, and managed and operated by the same authorities as any previously established and existing county home of the county. Except as otherwise provided by statute and so far as applicable, this section and
ss. 252.073 and
252.08 shall continue to apply to a jointly housed county tuberculosis sanatorium and
ss. 49.70 and
49.703 shall apply to a jointly housed county home or a unit of a jointly housed county home.
252.076(4)
(4) When separate facilities for any such services are not provided for each institution the trustees of the county tuberculosis sanatorium shall hold and manage, employ necessary employes to operate and do the purchasing for the operation of a common kitchen, laundry, heating plant, power plant, water supply or other joint facilities, for the use and benefit of both institutions.
252.076(5)
(5) This section shall not apply to counties having a population of 500,000 or more.
252.076 History
History: 1975 c. 413 ss.
2,
18; Stats. 1975 s. 149.02;
1977 c. 29;
1983 a. 27;
1993 a. 27 s.
398; Stats. 1993 s. 252.076;
1995 a. 27.
252.08
252.08
Tuberculosis acute treatment centers; maintenance charges; liability of relatives. 252.08(1)
(1) Hospitals as defined in
s. 50.33, tuberculosis sanatoriums under
ss. 252.073 (1) and
252.076 (1) and private tuberculosis sanatoriums under
s. 58.06 may submit a request to the department for a certificate of approval as a tuberculosis acute treatment center. The department shall issue a certificate of approval if the hospital or sanatorium meets the standards under
42 USC 1396 to
1397e and the rules promulgated and standards established by the department. The certification is to be renewed by the department as provided under
ss. 50.32 to
50.39. The certificate of approval shall apply only for the premises, persons and services named in the application and may not be transferred or assigned. The department may not withhold, suspend or revoke a certificate of approval unless the hospital or sanatorium substantially fails to comply with
ss. 50.32 to
50.39, the standards under
42 USC 1396 to
1397e or the rules promulgated and standards established by the department, after having been given a reasonable notice, a fair hearing and an opportunity to comply. The rules and standards for the operation of the hospital or sanatoriums providing care for patients with active tuberculosis shall be promulgated and established by the department.
252.08(2)
(2) Community-based residential facilities under
ch. 50 shall request a certificate of approval from the department in order to provide care for patients suffering from tuberculosis based on rules promulgated and standards established by the department.
252.08(3)
(3) Inpatient care exceeding 30 days for pulmonary tuberculosis patients not eligible for federal medicare benefits, for medical assistance under
subch. V of ch. 49 or for health care services funded by a relief block grant under
subch. II of ch. 49 may be reimbursed if provided by a facility contracted by the department. If the patient has private health insurance, the state shall pay the difference between health insurance payments and total charges.
252.08(4)
(4) The state shall also assume the charges not collected from insurance, medicaid, and other benefits for:
252.08(4)(a)
(a) Care of patients transferred to facilities approved under this section from state institutions or from state penal institutions under
s. 304.115.
252.08(4)(b)
(b) Care of any minor committed to the department in an approved facility under this section.
252.08(5)(a)(a) The department shall ensure that charges to the state for care in facilities approved under this section reflect reasonable and accurate expenses in providing the care.
252.08(5)(b)
(b) The records and accounts of all facilities approved under this section shall be available to the department upon request and shall comply with accepted accounting practices.
252.08(6)
(6) Whenever a person is admitted to a tuberculosis hospital or sanatorium and the expense of maintenance in the tuberculosis hospital or sanatorium is chargeable to the state or any subdivision of the state or both, the relative of the person, if the person is dependent as described in
s. 49.90, shall be liable to the state or any subdivision of the state in the manner and to the extent provided in
s. 49.90. The district attorney of any county in which the relative resides shall, at the request of the circuit judge or the governing body of the institution, take all necessary procedures to enforce the provisions of this section.
252.09
252.09
General supervision and inspection of tuberculosis hospitals; charges. 252.09(1)(a)
(a) Investigate and supervise all of the tuberculosis hospitals and sanatoriums of every county and other municipality, and become familiar with all of the circumstances affecting their management and usefulness.
252.09(1)(b)
(b) Visit each of the tuberculosis hospitals and sanatoriums and inquire into their methods of treatment, instruction, government and management of their patients; the official conduct of their trustees, managers, directors, superintendents and other officers and employes; the condition of the buildings, grounds and all other property pertaining to the tuberculosis hospitals and sanatoriums, and all other matters pertaining to their usefulness and management; and recommend to the officers in charge the changes and additional provisions that the department considers proper.
252.09(1)(c)
(c) Inspect each tuberculosis hospital and sanatorium annually, or oftener if necessary and, if directed by the governor, investigate the past or present management, or anything connected with the management, and report to the governor the testimony taken, facts found and conclusions made.
252.09(1)(d)
(d) Inform the governor, and the district attorney of the county in which the tuberculosis hospital and sanatorium is located, of any violation of law disclosed in any investigation of the tuberculosis hospital and sanatorium.
252.09(2)
(2) All trustees, managers, directors, superintendents and other officers or employes of a tuberculosis hospital and sanatorium shall at all times afford, to the department or its agents, inspection of and free access to all parts of the buildings and grounds and to all books and papers of the tuberculosis hospital and sanatorium and shall give, either verbally or in writing, information that the department requires. Any person violating this subsection shall forfeit not less than $10 nor more than $100. The department may administer oaths and take testimony and may cause depositions to be taken. All expenses of the investigations, including fees of officers and witnesses, shall be paid from the appropriation under
s. 20.435 (1) (a).
252.09 History
History: 1973 c. 90;
1975 c. 39;
1975 c. 413 s.
2; Stats. 1975 s. 149.07;
1983 a. 192 s.
303 (7);
1987 a. 399;
1993 a. 27 ss.
415 to
417; Stats. 1993 s. 252.09;
1993 a. 213,
490,
491.
252.10
252.10
Public health dispensaries. 252.10(1)
(1) Counties with populations of more than 25,000 may establish and maintain public health dispensaries and, where necessary, branches of the dispensaries for the diagnosis and treatment of persons suffering from or suspected of having mycobacterium tuberculosis or other pulmonary diseases. Two or more counties may jointly establish, operate and maintain public health dispensaries in order to serve a total population of not less than 25,000. Counties may contract with each other for public health dispensary services. The department and department of revenue shall be notified of the establishment of public health dispensaries and any contracts pertaining to the dispensaries. The department may establish, operate and maintain public health dispensaries and branches in areas of the state where local authorities have not provided public health dispensaries.
252.10(3)
(3) A county or counties jointly, and the department, may contract with other agencies, hospitals and individuals for the use of necessary space, equipment, facilities and personnel to operate a public health dispensary or for provision of medical consultation.
252.10(5)
(5) Fees may but need not be charged for services rendered in public health dispensaries operated by one or more counties or the department. A schedule of fees shall be established by the respective operating agencies and shall be based upon reasonable costs. A copy of such schedule and any subsequent changes shall be forwarded to the department and the department of revenue. Fees received by the department shall be used as a nonlapsing appropriation for the maintenance and operation of its public health dispensaries together with other funds received for this purpose.
252.10(6)(a)(a) The state shall credit or reimburse each dispensary on an annual or quarterly basis for the operation of public health dispensaries established and maintained in accordance with this section.
252.10(6)(b)
(b) The state reimbursement for each visit for services as ordered by a physician shall be $6 or a greater amount prescribed in rules promulgated by the department. If an X-ray is taken, an additional $6 or any greater amount prescribed in rules promulgated by the department will be credited. Any X-ray taken outside a facility under this section or outside a facility approved under
s. 252.08 on individuals who have a significant reaction to a test for mycobacterium tuberculosis shall qualify for state aid in the same manner as an X-ray taken inside a facility, and the X-ray shall take the place of the first X-ray eligible for reimbursement as part of a case finding and preventive program under
par. (e). The administration and reading of the test for mycobacterium tuberculosis for diagnostic purposes shall be considered one visit. Tests for mycobacterium tuberculosis given in school programs, employment health programs, community preventive and case finding programs are not reimbursable as a clinic visit.
252.10(6)(c)
(c) Not more than one patient visit for any person shall be credited within a period of less than 12 hours, nor for any visit made solely for the receipt of drugs and not requiring professional medical services; nor shall more than one visit be credited where a single fee has been established for a particular service. Public health nursing visits to patients suffering from active tuberculosis and using specific medication shall be reimbursed in the same manner as a dispensary visit, if the visit is ordered by a physician giving care to the patient. Not more than 4 visits in one year to each patient shall be credited.
252.10(6)(d)
(d) State aid may not be credited for visits made by a person who does not have symptoms of, or evidence by medical examination indicating suspicion of, clinical tuberculosis, unless the person has X-ray evidence to that effect, is known to have converted from a negative to a significant test for mycobacterium tuberculosis within a period of 3 years, has a significant test for mycobacterium tuberculosis and is a close school or close employment contact to a suspected case, or is a household contact to a case regardless of the results of the test.
252.10(6)(e)
(e) Net income in excess of expenses from fees collected from patients of the public health dispensary shall be used to finance case finding and preventive programs in the community.
252.10(6)(f)
(f) The organization and methods of operation of a case finding preventive program shall be approved by the department. State aid may not be credited for the administration and reading of the test for mycobacterium tuberculosis. A reimbursement of $12 or any greater amount prescribed in rules promulgated by the department shall be credited to the agency approved to conduct such a program for the initial chest X-ray examination, for the interpretation of the same and for the consultation of the physician conducting such a program. A patient completing chemoprophylaxis may receive a 2nd chest X-ray examination, interpretation and medical consultation for which an additional $12 or any greater amount prescribed in rules promulgated by the department shall be credited. Guidelines for care during chemoprophylaxis shall be established by the department. Reimbursement shall be $6 per visit or any greater amount prescribed in rules promulgated by the department.
252.10(6)(g)
(g) The reimbursement by the state under
pars. (a) to
(f) shall apply only to funds that the department allocates for the reimbursement under the appropriation under
s. 20.435 (1) (e).
252.10(7)
(7) Drugs necessary for the treatment of mycobacterium tuberculosis shall be purchased by the department from the appropriation under
s. 20.435 (1) (e) and dispensed to patients through the public health dispensaries or through health care providers, as defined in
s. 146.81 (1), other than social workers, marriage and family therapists or professional counselors certified under
ch. 457, speech-language pathologists or audiologists licensed under
subch. II of ch. 459, speech and language pathologists licensed by the department of education or, on or after July 1, 1995, and no later than June 30, 1999, dietitians certified under
subch. IV of ch. 448.
Effective date note
NOTE: Sub. (7) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27, s.
9145 (1). The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA.
252.10(9)
(9) Public health dispensaries shall maintain such records as are required by the department to enable them to carry out their responsibilities designated in this section. Records shall be submitted annually to the department as soon as possible after the close of each fiscal year and not later than August 15 following.
252.10(10)
(10) All public health dispensaries and branches thereof shall maintain records of costs and receipts which may be audited by the department of health and family services.
252.10 History
History: 1971 c. 81;
1971 c. 211 s.
124;
1973 c. 90;
1975 c. 39,
198,
224;
1975 c. 413 ss.
2,
18; Stats. 1975 s. 149.06;
1977 c. 29;
1981 c. 20 ss.
1446,
2202 (20) (c);
1983 a. 27;
1985 a. 29;
1991 a. 39,
160;
1993 a. 27 ss.
406,
407,
409,
411 to
414; Stats. 1993 s. 252.10,
1993 a. 443;
1995 a. 27 ss.
6318,
9126 (19),
9145 (1).
252.11
252.11
Sexually transmitted disease. 252.11(1)
(1) In this section, "sexually transmitted disease" means syphilis, gonorrhea, chlamydia and other diseases the department includes by rule.
252.11(1m)
(1m) A physician or other health care professional called to attend a person infected with any form of sexually transmitted disease, as specified in rules promulgated by the department, shall report the disease to the local health officer and to the department in the manner directed by the department in writing on forms furnished by the department. A physician may treat a minor infected with a sexually transmitted disease or examine and diagnose a minor for the presence of such a disease without obtaining the consent of the minor's parents or guardian. The physician shall incur no civil liability solely by reason of the lack of consent of the minor's parents or guardian.
252.11(2)
(2) An officer of the department or a local health officer having knowledge of any reported or reasonably suspected case or contact of a sexually transmitted disease for which no appropriate treatment is being administered, or of an actual contact of a reported case or potential contact of a reasonably suspected case, shall investigate or cause the case or contact to be investigated as necessary. If, following a request of an officer of the department or a local health officer, a person reasonably suspected of being infected with a sexually transmitted disease refuses or neglects examination by a physician or treatment, an officer of the department or a local health officer may proceed to have the person committed under
sub. (5) to an institution or system of care for examination, treatment or observation.
252.11(4)
(4) If a person infected with a sexually transmitted disease ceases or refuses treatment before reaching what in the physician's opinion is the noncommunicable stage, the physician shall notify the department. The department shall without delay take the necessary steps to have the person committed for treatment or observation under
sub. (5), or shall notify the local health officer to take these steps.
252.11(5)
(5) Any court of record may commit a person infected with a sexually transmitted disease to any institution or may require the person to undergo a system of care for examination, treatment or observation if the person ceases or refuses examination, treatment or observation under the supervision of a physician. The court shall summon the person to appear on a date at least 48 hours, but not more than 96 hours, after service if an officer of the department or a local health officer petitions the court and states the facts authorizing commitment. If the person fails to appear or fails to accept commitment without reasonable cause, the court may cite the person for contempt. The court may issue a warrant and may direct the sheriff, any constable or any police officer of the county immediately to arrest the person and bring the person to court if the court finds that a summons will be ineffectual. The court shall hear the matter of commitment summarily. Commitment under this subsection continues until the disease is no longer communicable or until other provisions are made for treatment that satisfy the department. The certificate of the petitioning officer is prima facie evidence that the disease is no longer communicable or that satisfactory provisions for treatment have been made.
252.11(5m)
(5m) A health care professional, as defined in
s. 968.38 (1) (a), acting under an order of a court under
s. 938.296 (4) or
968.38 (4) may, without first obtaining informed consent to the testing, subject an individual to a test or a series of tests to ascertain whether that individual is infected with a sexually transmitted disease. No sample used for performance of a test under this subsection may disclose the name of the test subject.
252.11(7)
(7) Reports, examinations and inspections and all records concerning sexually transmitted diseases are confidential and not open to public inspection, and shall not be divulged except as may be necessary for the preservation of the public health, in the course of commitment proceedings under
sub. (5) or as provided under
s. 938.296 (4) or
968.38 (4). If a physician has reported a case of sexually transmitted disease to the department under
sub. (4), information regarding the presence of the disease and treatment is not privileged when the patient or physician is called upon to testify to the facts before any court of record.
252.11(9)
(9) The department shall prepare for free distribution upon request to state residents, information and instructions concerning sexually transmitted diseases.
252.11(10)
(10) The state laboratory of hygiene shall examine specimens for the diagnosis of sexually transmitted diseases for any physician or local health officer in the state, and shall report the positive results of the examinations to the local health officer and to the department. All laboratories performing tests for sexually transmitted diseases shall report all positive results to the local health officer and to the department, with the name of the physician to whom reported.
252.11(11)
(11) In each county with an incidence of gonorrhea, antibiotic resistant gonorrhea, chlamydia or syphilis that exceeds the statewide average, a program to diagnose and treat sexually transmitted diseases at no cost to the patient is required. The county board of supervisors is responsible for ensuring that the program exists, but is required to establish its own program only if no other public or private program is operating. The department shall compile statistics indicating the incidence of gonorrhea, antibiotic resistant gonorrhea, chlamydia and syphilis for each county in the state.
252.12
252.12
Services relating to acquired immunodeficiency syndrome. 252.12(1)(c)
(c) "Nonprofit corporation" means a nonstock, nonprofit corporation organized under
ch. 181.
252.12(1)(d)
(d) "Organization" means a nonprofit corporation or a public agency which proposes to provide services to individuals with acquired immunodeficiency syndrome.
252.12(1)(e)
(e) "Public agency" means a county, city, village, town or school district or an agency of this state or of a county, city, village, town or school district.
252.12(2)(a)(a)
Acquired immunodeficiency syndrome services. From the appropriations under
s. 20.435 (1) (a) and
(am), the department shall distribute funds for the provision of services to individuals with or at risk of contracting acquired immunodeficiency syndrome, as follows:
252.12(2)(a)1.
1. `Partner referral and notification.' The department shall contact an individual known to have received an HIV infection and encourage him or her to refer for counseling and HIV testing any person with whom the individual has had sexual relations or has shared intravenous equipment.
252.12(2)(a)2.
2. `Grants to local projects.' The department shall make grants to applying organizations for the provision of acquired immunodeficiency syndrome prevention information, the establishment of counseling support groups and the provision of direct care to persons with acquired immunodeficiency syndrome.
