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 (5) (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 (5) (e) and dispensed to patients through the public health dispensaries or through health care providers, as defined in
s. 146.81 (1), other than massage therapists or bodyworkers issued a license of registration under
subch. X [XI] of
ch. 440, 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 public instruction or dietitians certified under
subch. V of ch. 448.
Effective date note
NOTE: Sub. (7) is shown as amended eff. 2-1-99 by
1997 Wis. Act 175. The bracketed language indicates the correct cross-references as renumbered by the revisor under s. 13.93 (1) (b). Prior to 2-1-99 it reads:
252.10 Note
(7) Drugs necessary for the treatment of mycobacterium tuberculosis shall be purchased by the department from the appropriation under s. 20.435 (5) (e) and dispensed to patients through the public health dispensaries or through health care providers, as defined in s. 146.81 (1), other than massage therapists or bodyworkers issued a license of registration under subch. X [XI] of ch. 440, 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 public instruction or dietitians certified under subch. V of ch. 448.
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);
1997 a. 27,
75,
156,
175,
252.
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 corporation organized under
ch. 181 that is a nonprofit corporation, as defined in
s. 181.0103 (17).
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
(5) (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.
252.12(2)(a)3.
3. `Statewide public education campaign.' The department shall promote public awareness of the risk of contracting acquired immunodeficiency syndrome and measures for acquired immunodeficiency syndrome protection by development and distribution of information through clinics providing family planning services, as defined in
s. 253.07 (1) (b), offices of physicians and clinics for sexually transmitted diseases and by newsletters, public presentations or other releases of information to newspapers, periodicals, radio and television stations and other public information resources. The information would be targeted at individuals whose behavior puts them at risk of contracting acquired immunodeficiency syndrome and would encompass the following topics:
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 $1,894,900 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 (5) (am).
252.12(2)(c)
(c)
HIV prevention grants. From the appropriation under
s. 20.435 (3) (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:
