252.12(2)(a)3.b.
b. Means of identifying whether or not individuals may be at risk of contracting acquired immunodeficiency syndrome.
252.12(2)(a)3.c.
c. Measures individuals may take to protect themselves from contracting acquired immunodeficiency syndrome.
252.12(2)(a)3.d.
d. Locations for procuring additional information or obtaining testing services.
252.12(2)(a)4.
4. `Information network.' The department shall establish a network to provide information to local health officers and other public officials who are responsible for acquired immunodeficiency syndrome prevention and training.
252.12(2)(a)5.
5. `HIV seroprevalence studies.' The department shall perform tests for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV and conduct behavioral surveys among population groups determined by the department to be highly at risk of becoming infected with or transmitting HIV. Information obtained shall be used to develop targeted HIV prevention efforts for these groups and to evaluate the state's prevention strategies.
252.12(2)(a)6.
6. `Grants for targeted populations and intervention services.' The department shall make grants to those applying organizations determined by the department to be best able to contact individuals determined to be highly at risk of contracting acquired immunodeficiency syndrome for the provision of acquired immunodeficiency syndrome information and intervention services.
252.12(2)(a)7.
7. `Contracts for counseling and laboratory testing services.' The department shall distribute funding in each fiscal year to contract with organizations to provide, at alternate testing sites, anonymous counseling services and laboratory testing services for the presence of HIV.
252.12(2)(a)8.
8. `Life care and early intervention services.' The department shall award not more than $1,647,700 in each year in grants to applying organizations for the provision of needs assessments; assistance in procuring financial, medical, legal, social and pastoral services; counseling and therapy; homecare services and supplies; advocacy; and case management services. These services shall include early intervention services. The department shall also award not more than $74,000 in each year from the appropriation under
s. 20.435 (7) (md) for the services under this subdivision. The state share of payment for case management services that are provided under
s. 49.45 (25) (be) to recipients of medical assistance shall be paid from the appropriation under
s. 20.435 (1) (am).
252.12(2)(b)
(b)
Prevention training for alcohol and drug abuse workers. From the appropriation under
s. 20.435 (6) (mc), the department shall allocate $25,000 in each of state fiscal years 1989-90 and 1990-91 to provide training for persons providing alcohol and other drug abuse services and counseling under
s. 115.36 (3) or through county departments under
s. 46.21,
46.23,
51.42 or
51.437, in order to enable these persons to educate individuals who are drug dependent with respect to the use of shared intravenous equipment and acquired immunodeficiency syndrome and its prevention.
252.12(2)(c)
(c)
HIV prevention grants. From the appropriation under
s. 20.435 (7) (md), the department shall award to applying nonprofit corporations or public agencies up to $75,000 in each fiscal year, on a competitive basis, as grants for services to prevent HIV. Criteria for award of the grants shall include all of the following:
252.12(2)(c)1.
1. The scope of proposed services, including the proposed targeted population and numbers of persons proposed to be served.
252.12(2)(c)2.
2. The proposed methodology for the prevention services, including distribution and delivery of information and appropriateness of the message provided.
252.12(2)(c)3.
3. The qualifications of the applicant nonprofit corporation or public agency and its staff.
252.12(2)(c)4.
4. The proposed allocation of grant funds to the nonprofit corporation or public agency staff and services.
252.12(2)(c)5.
5. The proposed method by which the applicant would evaluate the impact of the grant funds awarded.
252.12(3)
(3) Confidentiality of information. The results of any test performed under
sub. (2) (a) 5. are confidential and may be disclosed only to the individual who receives a test or to other persons with the informed consent of the test subject. Information other than that released to the test subject, if released under
sub. (2) (a) 5., may not identify the test subject.
252.13
252.13
Blood tests for HIV. 252.13(1)(1) In this section, "autologous transfusion" means the receipt by an individual, by transfusion, of whole blood, blood plasma, a blood product or a blood derivative, which the individual has previously had withdrawn from himself or herself for his or her own use.
252.13(1m)
(1m) Except as provided under
sub. (3), any blood bank, blood center or plasma center in this state that purchases or receives whole blood, blood plasma, a blood product or a blood derivative shall, prior to its distribution or use and with informed consent under the requirements of
s. 252.15 (2) (b), subject that blood, plasma, product or derivative to a test or series of tests that the state epidemiologist finds medically significant and sufficiently reliable under
sub. (1r) (a) to detect the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV. This subsection does not apply to a blood bank that purchases or receives whole blood, blood plasma, a blood product or a blood derivative from a blood bank, blood center or plasma center in this state if the whole blood, blood plasma, blood product or blood derivative has previously been subjected to a test or series of tests that the state epidemiologist finds medically significant and sufficiently reliable under
sub. (1r) (a) to detect the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV.
252.13(1r)
(1r) For the purposes of this section, the state epidemiologist shall make separate findings of medical significance and sufficient reliability for a test or a series of tests to detect the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV for each of the following purposes:
252.13(1r)(a)
(a) Subjecting whole blood, blood plasma, a blood product or a blood derivative to a test prior to distribution or use of the whole blood, blood plasma, blood product or blood derivative.
252.13(1r)(b)
(b) Providing disclosure of test results to the subject of the test.
252.13(2)
(2) If performance of a test under
sub. (1m) yields a validated test result positive for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV, the whole blood, blood plasma, blood product or blood derivative so tested with this result may not be distributed or used except for purposes of research or as provided under
sub. (5).
252.13(3)
(3) If a medical emergency, including a threat to the preservation of life of a potential donee, exists under which whole blood, blood plasma, a blood product or a blood derivative that has been subjected to testing under
sub. (1m) is unavailable, the requirement of
sub. (1m) shall not apply.
252.13(4)
(4) Subsections (1m) and
(2) do not apply to the extent that federal law or regulations require that a blood bank, blood center or plasma center test whole blood, blood plasma, a blood product or a blood derivative.
252.13(5)
(5) Whole blood, blood plasma, a blood product or a blood derivative described under
sub. (2) that is voluntarily donated solely for the purpose of an autologous transfusion may be distributed to or used by the person who has donated the whole blood, blood plasma, blood product or blood derivative. No person other than the person who has donated the whole blood, blood plasma, blood product or blood derivative may receive or use the whole blood, blood plasma, blood product or blood derivative unless it has been subjected to a test under
sub. (1m) and the test has yielded a negative result for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV.
252.13 History
History: 1985 a. 73;
1987 a. 70;
1989 a. 201 ss.
9,
36;
1993 a. 27 ss.
325,
473; Stats. 1993 s. 252.13.
252.14
252.14
Discrimination related to acquired immunodeficiency syndrome. 252.14(1)(ar)
(ar) "Health care provider" means any of the following:
252.14(1)(ar)4.
4. A physician, podiatrist or physical therapist licensed or an occupational therapist or occupational therapy assistant certified under
ch. 448.
252.14(1)(ar)7.
7. A social worker, marriage and family therapist or professional counselor certified under
ch. 457.
252.14(1)(ar)8.
8. A speech-language pathologist or audiologist licensed under
subch. II of ch. 459 or a speech and language pathologist licensed by the department of education.
Effective date note
NOTE: Subd. 8. is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
8. A speech-language pathologist or audiologist licensed under subch. II of ch. 459 or a speech and language pathologist licensed by the department of public instruction.
252.14(1)(ar)11.
11. A corporation of any provider specified under
subds. 1. to
8. that provides health care services.
252.14(1)(ar)12.
12. An operational cooperative sickness care plan organized under
ss. 185.981 to
185.985 that directly provides services through salaried employes in its own facility.
252.14(1)(d)
(d) "Inpatient health care facility" means a hospital, nursing home, community-based residential facility, county home, county mental health complex, tuberculosis sanatorium or other place licensed or approved by the department under
ss. 49.70,
49.71,
49.72,
50.02,
50.03,
50.35,
51.08,
51.09,
58.06,
252.073 and
252.076 or a facility under
s. 45.365,
48.62,
51.05,
51.06 or
252.10 or
ch. 142 [
ss. 233.40 to
233.42].
252.14 Note
NOTE: The bracketed language indicates the correct cross-reference.
1995 Wis. Act 27 renumbered ch. 142 to be ss. 233.40 to 233.42. Corrective legislation is pending.
252.14(2)
(2) No health care provider, peace officer, fire fighter, correctional officer, state patrol officer, jailer or keeper of a jail or person designated with custodial authority by the jailer or keeper, home health agency, inpatient health care facility or person who has access to a validated test result may do any of the following with respect to an individual who has acquired immunodeficiency syndrome or has a positive test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV, solely because the individual has HIV infection or an illness or medical condition that is caused by, arises from or is related to HIV infection:
252.14(2)(a)
(a) Refuse to treat the individual, if his or her condition is within the scope of licensure or certification of the health care provider, home health agency or inpatient health care facility.
252.14(2)(am)
(am) If a peace officer, fire fighter, correctional officer, state patrol officer, jailer or keeper of a jail or person designated with custodial authority by the jailer or keeper, refuse to provide services to the individual.
252.14(2)(b)
(b) Provide care to the individual at a standard that is lower than that provided other individuals with like medical needs.
252.14(2)(bm)
(bm) If a peace officer, fire fighter, correctional officer, state patrol officer, jailer or keeper of a jail or person designated with custodial authority by the jailer or keeper, provide services to the individual at a standard that is lower than that provided other individuals with like service needs.
252.14(2)(c)
(c) Isolate the individual unless medically necessary.
252.14(2)(d)
(d) Subject the individual to indignity, including humiliating, degrading or abusive treatment.
252.14(3)
(3) A health care provider, home health agency or inpatient health care facility that tests an individual for HIV infection shall provide counseling about HIV and referral for appropriate health care and support services as necessary. A health care provider, home health agency or inpatient health care facility that treats an individual who has an HIV infection or acquired immunodeficiency syndrome shall develop and follow procedures that shall ensure continuity of care for the individual in the event that his or her condition exceeds the scope of licensure or certification of the provider, agency or facility.
252.14(4)
(4) Any person violating
sub. (2) is liable to the patient for actual damages and costs, plus exemplary damages of up to $5,000 for an intentional violation. In determining the amount of exemplary damages, a court shall consider the ability of a health care provider who is an individual to pay exemplary damages.
252.14 History
History: 1989 a. 201;
1991 a. 32,
39,
160,
189,
269,
315;
1993 a. 27 ss.
326 to
331; Stats. 1993 s. 252.14;
1993 a. 105,
190,
252,
443;
1993 a. 490 s.
143;
1993 a. 491,
495;
1995 a. 27 ss.
6322,
9145 (1).
252.15
252.15
Restrictions on use of a test for HIV. 252.15(1)(ab)
(ab) "Affected person" means an emergency medical technician, first responder, fire fighter, peace officer, correctional officer, person who is employed at a secured correctional facility, as defined in
s. 938.02 (15m), or at a secured child caring institution, as defined in
s. 938.02 (15g), state patrol officer, jailer or keeper of a jail or person designated with custodial authority by the jailer or keeper, health care provider, employe of a health care provider or staff member of a state crime laboratory.
252.15(1)(am)
(am) "Health care professional" means a physician who is licensed under
ch. 448 or a registered nurse or licensed practical nurse who is licensed under
ch. 441.
252.15(1)(ar)
(ar) "Health care provider" means any of the following:
252.15(1)(ar)3.
3. An employe of the Mendota mental health institute or the Winnebago mental health institute.
252.15(1)(d)
(d) "Informed consent for testing or disclosure" means consent in writing on an informed consent for testing or disclosure form by a person to the administration of a test to him or her for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV or to the disclosure to another specified person of the results of a test administered to the person consenting.
252.15(1)(e)
(e) "Informed consent for testing or disclosure form" means a printed document on which a person may signify his or her informed consent for testing for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV or authorize the disclosure of any test results obtained.
252.15(1)(eg)
(eg) "Relative" means a spouse, 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.
252.15(1)(em)
(em) "Significantly exposed" means sustained a contact which carries a potential for a transmission of HIV, by one or more of the following:
252.15(1)(em)1.
1. Transmission, into a body orifice or onto mucous membrane, of blood; semen; vaginal secretions; cerebrospinal, synovial, pleural, peritoneal, pericardial or amniotic fluid; or other body fluid that is visibly contaminated with blood.
252.15(1)(em)2.
2. Exchange, during the accidental or intentional infliction of a penetrating wound, including a needle puncture, of blood; semen; vaginal secretions; cerebrospinal, synovial, pleural, peritoneal, pericardial or amniotic fluid; or other body fluid that is visibly contaminated with blood.
252.15(1)(em)3.
3. Exchange, into an eye, an open wound, an oozing lesion, or where a significant breakdown in the epidermal barrier has occurred, of blood; semen; vaginal secretions; cerebrospinal, synovial, pleural, peritoneal, pericardial or amniotic fluid; or other body fluid that is visibly contaminated with blood.
252.15(1)(em)6.
6. Other routes of exposure, defined as significant in rules promulgated by the department. The department in promulgating the rules shall consider all potential routes of transmission of HIV identified by the centers for disease control of the federal public health service.
252.15(1)(fm)
(fm) "Universal precautions" means measures that a health care provider, an employe of a health care provider or other individual takes in accordance with recommendations of the federal centers for disease control for the health care provider, employe or other individual for prevention of HIV transmission in health-care settings.
252.15(2)
(2) Informed consent for testing or disclosure. 252.15(2)(a)(a) No health care provider, blood bank, blood center or plasma center may subject a person to a test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV unless the subject of the test first provides informed consent for testing or disclosure as specified under
par. (b), except that consent to testing is not required for any of the following:
252.15(2)(a)1.
1. Except as provided in
subd. 1g., a health care provider who procures, processes, distributes or uses a human body part or human tissue donated as specified under
s. 157.06 (6) (a) or
(b) shall, without obtaining consent to the testing, test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV in order to assure medical acceptability of the gift for the purpose intended. The health care provider shall use as a test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV a test or series of tests that the state epidemiologist finds medically significant and sufficiently reliable to detect the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV. If the validated test result of the donor from the test or series of tests performed is positive, the human body part or human tissue donated for use or proposed for donation may not be used.
