253.12(5)(a)(a) The department may not release information specifically identifying an infant or child that is obtained from reports under
sub. (2), except the following, under the following conditions:
253.12(5)(a)1.
1. To the parent or guardian of an infant or child for whom a report is made under
sub. (2), upon receipt of a written request from the parent or guardian.
253.12(5)(a)3.
3. To the division for learning support, equity and advocacy in the department of education, upon request, the name and address of an infant or child for whom a report is made under
sub. (2) and other information necessary to aid the division in providing services to the infant or child. The department shall notify the parent or guardian of an infant or child about whom information is released under this subdivision, of the release. The division for learning support, equity and advocacy in the department of education may disclose information received under this paragraph only as necessary to provide services to the infant or child.
Effective date note
NOTE: Subd. 3. 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
3. To the division for learning support, equity and advocacy in the department of public instruction, upon request, the name and address of an infant or child for whom a report is made under sub. (2) and other information necessary to aid the division in providing services to the infant or child. The department shall notify the parent or guardian of an infant or child about whom information is released under this subdivision, of the release. The division for learning support, equity and advocacy in the department of public instruction may disclose information received under this paragraph only as necessary to provide services to the infant or child.
253.12(5)(a)4.
4. To a physician or nurse reporting under
sub. (2), for the purpose of verification of information reported by the physician or nurse.
253.12(5)(a)5.
5. To a representative of a federal or state agency, upon written request, information necessary to perform a legally authorized function of that agency, including investigation of causes, mortality, methods of prevention, treatment or care of birth defects, associated diseases or disabilities, except that the information may not include the name or address of an infant or child with a condition reported under
sub. (2). The department shall notify the parent or guardian of an infant or child about whom information is released under this subdivision, of the release. The representative of the federal or state agency may disclose information received under this paragraph only as necessary to perform the legally authorized function of that agency for which the information was requested.
253.12(5)(a)6.
6. To any person who has the informed, written consent of the parent or guardian of an infant or child with a condition reported under
sub. (2), any information concerning that infant or child, solely for the purpose of research in accordance with rules promulgated by the department.
253.12(5)(b)
(b) The department shall, not more than 10 years from the date of receipt of a report under
sub. (2), delete from any file of the department the name of an infant or child that is contained in the report.
253.12(6)
(6) Local health officer access to information. 253.12(6)(a)(a) If a local health officer submits to the department a written request for receipt of information submitted under
sub. (2), the department shall forward to the local health officer an abstract of information received for an infant or child for whom the parent or guardian has provided informed, written consent to a release of the information and who resides in the area of jurisdiction of the local health officer.
253.12(6)(b)
(b) The local health officer may disclose information in the abstract under
par. (a) only as necessary to aid that local health officer in rendering or coordinating follow-up care for the infant or child or for conducting a health, demographic or epidemiologic investigation. The local health officer shall destroy all information obtained under
par. (a) no later than 365 days after he or she receives it, except that this requirement does not apply to information, including individual medical records, obtained by the local health officer subsequent to his or her receipt of information under
par. (a).
253.12(6)(c)
(c) The written request submitted under
par. (a) is invalid after December 31 of the year in which the department receives it.
253.12(7)
(7) Exception. Nothing in this section authorizes or requires the administration of a physical examination or medical care or treatment to an infant or child if the parent or legal guardian of the infant or child objects on the ground that the examination or care or treatment conflicts with his or her religious tenets or practices.
253.12(8)
(8) Admissibility of information as evidence. Information collected under this section is not admissible as evidence in any legal action or proceeding before any court, tribunal, board, agency, person or for the purpose of determining insurability, except for the purpose of enforcing this section.
253.13
253.13
Tests for congenital disorders. 253.13(1)
(1)
Blood tests. The attending physician or nurse certified under
s. 441.15 shall cause every infant born in each hospital or maternity home, prior to its discharge therefrom, to be subjected to blood tests for congenital and metabolic disorders, as specified in rules promulgated by the department. If the infant is born elsewhere than in a hospital or maternity home, the attending physician, nurse certified under
s. 441.15 or birth attendant who attended the birth shall cause the infant, within one week of birth, to be subjected to these blood tests.
253.13(1m)
(1m) Urine tests. The department may establish a urine test program to test infants for causes of congenital disorders. The state laboratory of hygiene board may establish the methods of obtaining urine specimens and testing such specimens, and may develop materials for use in the tests. No person may be required to participate in programs developed under this subsection.
253.13(2)
(2) Tests; diagnostic, dietary and follow-up counseling program; fees. The department shall contract with the state laboratory of hygiene to perform the tests specified under this section and to furnish materials for use in the tests. The department shall provide necessary diagnostic services, special dietary treatment as prescribed by a physician for a patient with a congenital disorder as identified by tests under
sub. (1) or
(1m) and follow-up counseling for the patient and his or her family. The state laboratory of hygiene board, on behalf of the department, shall impose a fee for tests performed under this section sufficient to pay for services provided under the contract and shall include as part of this fee and pay to the department an amount the department determines is sufficient to fund the provision of diagnostic and counseling services, special dietary treatment and periodic evaluation of infant screening programs under this section.
253.13(3)
(3) Exceptions. This section shall not apply if the parents or legal guardian of the child object thereto on the grounds that the test conflicts with their religious tenets and practices. No tests may be performed under
sub. (1) or
(1m) unless the parents or legal guardian are fully informed of the purposes of testing under this section and have been given reasonable opportunity to object as authorized in this subsection or in
sub. (1m) to such tests.
253.13(4)
(4) Confidentiality of tests and related information. The state laboratory of hygiene shall provide the test results to the physician, who shall advise the parents or legal guardian of the results. No information obtained under this section from the parents or guardian or from specimens from the infant may be disclosed except for use in statistical data compiled by the department without reference to the identity of any individual and except as provided in
s. 146.82 (2). The state laboratory of hygiene board shall provide to the department the names and addresses of parents of infants who have positive test results.
253.13(5)
(5) Related services. The department shall disseminate information to families whose children suffer from congenital disorders and to women of child-bearing age with a history of congenital disorders concerning the need for and availability of follow-up counseling and special dietary treatment and the necessity for testing infants. The department shall also refer families of children who suffer from congenital disorders to available health and family services programs and shall coordinate the provision of these programs. The department shall periodically consult appropriate experts in reviewing and evaluating the state's infant screening programs.
253.13 Annotation
A physician and parent may enter an agreement to perform a PKU test after the infant has left the hospital without violating (1). 61 Atty. Gen. 66.
253.14
253.14
Sudden infant death syndrome. 253.14(1)
(1) The department shall prepare and distribute printed informational materials relating to sudden infant death syndrome. The materials shall be directed toward the concerns of parents of victims of sudden infant death syndrome and shall be distributed to maximize availability to the parents.
253.14(2)
(2) The department shall make available upon request follow-up counseling by trained health care professionals for parents and families of victims of sudden infant death syndrome.
253.14 History
History: 1977 c. 246; Stats. 1977 s. 146.025;
1977 c. 447; Stats. 1977 s. 146.026;
1993 a. 27 s.
343; Stats. 1993 s. 253.14.
