255.03 History
History: 1993 a. 27.
255.04
255.04
Cancer reporting. 255.04(1)(1) Any hospital, as defined under
s. 50.33 (2), any physician and any laboratory certified under
42 USC 263a shall report information concerning any person diagnosed as having cancer or a precancerous condition to the department as prescribed by the department under
sub. (2).
255.04(2)
(2) The department shall prescribe:
255.04(2)(a)
(a) The form on which the report under
sub. (1) shall be submitted.
255.04(2)(b)
(b) The time schedule under which the report under
sub. (1) shall be submitted.
255.04(2)(c)
(c) The types of cancer and precancerous conditions to be reported under
sub. (1).
255.04(3)
(3) Any information reported to the department under
sub. (1) or
(5) which could identify any individual who is the subject of the report or the person submitting the report shall be confidential and may not be disclosed by the department except to the following:
255.04(3)(a)
(a) A central tumor registry in another state if the individual who is the subject of the information resides in the other state.
255.04(3)(b)
(b) A national tumor registry recognized by the department.
255.04(4)
(4) The report of information under
sub. (1) or
(5) may not be construed as a violation of any person's responsibility for maintaining the confidentiality of patient health care records, as defined under
s. 146.81 (4).
255.04(5)
(5) The department may, to the extent feasible, collect information related to the occupation of cancer patients in order to fulfill the purpose of
s. 250.04 (3) (b) 4.
255.04 History
History: 1985 a. 29;
1989 a. 173 ss.
2,
13;
1993 a. 16;
1993 a. 27 s.
48; Stats. 1993 s. 255.04;
1993 a. 183.
255.05
255.05
Cancer control and prevention grants. 255.05(1)(a)
(a) "Institution" means any hospital, nursing home, county home, county mental hospital, tuberculosis sanatorium, community-based residential facility 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.
255.05(1)(b)
(b) "Nonprofit corporation" means a nonstock, nonprofit corporation organized under
ch. 181.
255.05(1)(c)
(c) "Organization" means a nonprofit corporation or a public agency which proposes to provide services to individuals.
255.05(1)(d)
(d) "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.
255.05(2)
(2) From the appropriation under
s. 20.435 (1) (cc), the department shall allocate up to $400,000 in each fiscal year to provide grants to applying individuals, institutions or organizations for the conduct of projects on cancer control and prevention. Funds shall be awarded on a matching basis, under which, for each grant awarded, the department shall provide 50%, and the grantee 50%, of the total grant funding.
255.05(3)
(3) The department shall promulgate rules establishing the criteria and procedures for the awarding of grants for projects under
sub. (2).
255.05 History
History: 1987 a. 399;
1989 a. 31;
1991 a. 39;
1993 a. 27 s.
344; Stats. 1993 s. 255.05;
1995 a. 27.
255.06
255.06
Breast cancer screening program. 255.06(1)(b)
(b) "Mammography" means the making of a record of a breast by passing X-rays through a body to act on specially sensitized film.
255.06(1)(c)
(c) "Nonprofit corporation" means a nonstock, nonprofit corporation organized under
ch. 181 or a nonprofit corporation organized under
ch. 180 before July 1, 1953.
255.06(1)(d)
(d) "Organization" means a nonprofit corporation or a public agency.
255.06(1)(e)
(e) "Poverty line" means the nonfarm federal poverty line for the continental United States, as defined by the federal department of labor under
42 USC 9902 (2).
255.06(1)(f)
(f) "Public agency" means a county, city, village or town or an agency of a county, city, village or town.
255.06(2)
(2) Breast cancer screening program. From the appropriation under
s. 20.435 (1) (cc), the department shall administer a breast cancer screening program and shall, in each fiscal year, do all of the following:
255.06(2)(a)
(a) Award not more than $422,600 as grants for provision of breast cancer screening services to women who are aged 40 years or older. Grants shall be awarded to an applying hospital or organization that has a mammography unit available for use in an area of service under this paragraph and that is selected by the department under procedures established by the department. Payment for services provided under a grant shall be as follows:
255.06(2)(a)1.
1. For a woman for whom 3rd-party payment is obtainable, payment by the source of 3rd-party payment at full reasonable charge.
255.06(2)(a)2.
2. For a woman for whom 3rd-party payment is not obtainable and whose income is above 150% of the poverty line, payment by the woman based on a sliding scale according to her income, as developed by the department.
255.06(2)(a)3.
3. For a woman for whom 3rd-party payment is not obtainable and whose income is at or below 150% of the poverty line, no payment.
255.06(2)(b)
(b) Allocate and expend at least $20,000 for the development and provision by the department, of media announcements and of educational materials concerning the need for and availability of breast cancer screening program services for women in areas served under grants under
par. (a).
255.06(2)(c)
(c) Distribute not more than $115,200 as a grant to the city of Milwaukee public health department for the performance of breast cancer screening activities with the use of a mobile mammography van.
255.06 History
History: 1991 a. 39 s.
3709,
3710,
3711; Stats. 1991 s. 146.0275;
1991 a. 269;
1993 a. 16;
1993 a. 27 s.
345; Stats. 1993 s. 255.06;
1995 a. 27.
255.07
255.07
Rural cervical cancer treatment training. 255.07(1)
(1) In this section, "nurse practitioner" means a registered nurse licensed under
ch. 441, whose practice of professional nursing under
s. 441.11 (4) includes performance of delegated medical services under the supervision of a physician, dentist or podiatrist.
255.07(2)
(2) From the appropriation under
s. 20.435 (1) (cc), the department shall distribute not more than $25,000 in each fiscal year to applying organizations for the provision of specialized training of nurse practitioners to perform, in rural areas, colposcopic examinations and follow-up activities for treatment of cervical cancer.
255.07 History
History: 1991 a. 39 s.
3698; Stats. 1991 s. 146.0277;
1993 a. 16;
1993 a. 27 s.
346; Stats. 1993 s. 255.07.
255.08
255.08
Tanning facilities. 255.08(1)(a)
(a) "Phototherapy device" means equipment that emits ultraviolet radiation and is used in treating disease.
255.08(1)(b)
(b) "Tanning device" means equipment that emits electromagnetic radiation having wavelengths in the air between 200 and 400 nanometers and that is used for tanning of human skin and any equipment used with that equipment, including but not limited to protective eyewear, timers and handrails, except that "tanning device" does not include a phototherapy device used by a physician.
255.08(1)(c)
(c) "Tanning facility" means a place or business that provides persons access to a tanning device.
255.08(2)(a)(a) No person may operate a tanning facility without a permit issued by the department under this subsection. The holder of a permit issued under this subsection shall display the permit in a conspicuous place at the tanning facility for which the permit is issued.
255.08(2)(b)
(b) Permits issued under this subsection shall expire annually on June 30. A permit applicant shall submit an application for a permit to the department on a form provided by the department with a permit fee established by the department by rule. The application shall include the name and complete mailing address and street address of the tanning facility and any other information reasonably required by the department for the administration of this section.
255.08(3)
(3) Advertising. No tanning facility may state in any advertising that the tanning facility holds a license or permit issued by the department to operate a tanning facility.
255.08(4)
(4) Notice. Each tanning facility shall give to each of its customers written notice of all of the following:
255.08(4)(a)
(a) Failure to wear the eye protection provided by the tanning facility may damage the customer's eyes and cause cataracts.
255.08(4)(b)
(b) Overexposure to a tanning device causes burns.
255.08(4)(c)
(c) Repeated exposure to a tanning device may cause premature aging of the skin and skin cancer.
255.08(4)(d)
(d) Abnormal skin sensitivity or burning of the skin while using a tanning device may be caused by the following:
255.08(4)(d)3.
3. Certain medications, including but not limited to tranquilizers, diuretics, antibiotics, high blood pressure medicines and birth control pills.
255.08(4)(e)
(e) Any person who takes a drug should consult a physician before using a tanning device.
255.08(5)
(5) Warning sign. Each tanning facility shall prominently display a warning sign in each area where a tanning device is used. That sign shall convey the following directions and information:
255.08(5)(b)
(b) Avoid too frequent or too lengthy exposure. Like exposure to the sun, use of a tanning device can cause eye and skin injury and allergic reactions. Repeated exposure can cause chronic sun damage, which is characterized by wrinkling, dryness, fragility and bruising of the skin and skin cancer.
255.08(5)(d)
(d) Ultraviolet radiation from tanning devices will aggravate the effects of the sun, so do not sunbathe during the 24 hours immediately preceding or immediately following the use of a tanning device.
255.08(5)(e)
(e) Medications and cosmetics may increase your sensitivity to ultraviolet radiation. Consult a physician before using a tanning device if you are using medications, have a history of skin problems or believe that you are especially sensitive to sunlight. Women who are pregnant or using birth control pills and who use a tanning device may develop discolored skin.
255.08(5)(f)
(f) If your skin does not tan when exposed to the sun it is unlikely that your skin will tan when exposed to this tanning device.
255.08(6)
(6) Tube replacement. Each tanning facility shall post a sign in each area where a tanning device is used stating the date on which each fluorescent tube in that tanning device was last replaced. The tanning facility shall maintain a record of the date on which each fluorescent tube is replaced.
255.08(7)
(7) Claims precluded. No owner or employe of a tanning facility may claim, or distribute materials that claim, that using a tanning device is free of risk.
255.08(8)
(8) Liability. A tanning facility's compliance with the requirements of
subs. (4) and
(5) does not relieve the owner or any employe of the tanning facility from liability for injury sustained by a customer from the use of a tanning device.
255.08(9)
(9) Duties of owner. The owner of a tanning facility shall ensure that all of the following requirements are fulfilled:
255.08(9)(a)
(a) No customer under 16 years of age is permitted to use the tanning facility.
255.08(9)(b)
(b) During operating hours there is present at the tanning facility a trained operator who is able to inform customers about, and assist customers in, the proper use of tanning devices.
255.08(9)(c)
(c) Each tanning bed is properly sanitized after each use.
255.08(9)(d)
(d) Each customer, before he or she begins to use a tanning device, is provided with properly sanitized and securely fitting protective eyewear that protects the wearer's eyes from ultraviolet radiation and allows enough vision to maintain balance.
255.08(9)(e)
(e) Customers are not allowed to use a tanning device unless the customer uses protective eyewear.
255.08(9)(f)
(f) Each customer is shown how to use such physical aids as handrails and markings on the floor to determine the proper distance from the tanning device.
255.08(9)(g)
(g) A timing device that is accurate within 10% is used.
255.08(9)(h)
(h) Each tanning device is equipped with a mechanism that allows the customer to turn the tanning device off.
255.08(9)(i)
(i) Each customer is limited to the maximum exposure time recommended by the manufacturer.
255.08(9)(j)
(j) Customers are not allowed to use a tanning device more than once every 24 hours.
255.08(9)(k)
(k) The interior temperature of the tanning facility does not exceed 100 degrees Fahrenheit.
255.08(9)(L)
(L) The statements under
sub. (10) (a) are retained for 3 years or until the customer signs a new statement.
255.08(10)
(10) Duties of user. A user of a tanning facility shall do all of the following:
255.08(10)(a)
(a) Immediately before the customer's first use of a tanning facility in a year, sign a statement acknowledging that he or she has read and understands the notice under
sub. (4) and the warning sign under
sub. (5) and specifying that the customer agrees to use protective eyewear.
255.08(10)(b)
(b) Use protective eyewear at all times while using a tanning device.
255.08(11)
(11) Injury reports. If a person requires medical attention due to use of a tanning facility, the owner of that tanning facility shall report that injury to the department in writing and send a copy of that report to the injured person. The owner of the tanning facility shall retain a copy of the report for 3 years.
255.08(12)
(12) Rules. The department may promulgate rules necessary to administer this section.
255.08(13)
(13) Denial, suspension or revocation of permits. The department may, after a hearing under
ch. 227, deny issuance of a permit to an applicant or suspend or revoke any permit issued under
sub. (2) if the applicant or permit holder or his or her employe violates
sub. (2),
(3),
(4),
(5),
(6),
(7),
(9) or
(11) or any rule promulgated thereunder.
