252.07(8)(a)1.
1. The department or local health officer notifies a court in writing of the confinement.
252.07(8)(a)2.
2. The department or local health officer provides to the court a written statement from a physician that the individual has infectious tuberculosis or suspect tuberculosis.
252.07(8)(a)3.
3. The department or local health officer provides to the court evidence that the individual has refused to follow a prescribed treatment regimen or, in the case of an individual with suspect tuberculosis, has refused to undergo a medical examination to confirm whether the individual has infectious tuberculosis.
252.07(8)(a)4.
4. In the case of an individual with a confirmed diagnosis of infectious tuberculosis, the department or local health officer determines that the individual poses an imminent and substantial threat to himself or herself or to the public health. The department or local health officer shall provide to the court a written statement of that determination.
252.07(8)(b)
(b) If the department or local health officer orders the confinement of an individual under this subsection, a law enforcement officer, or other person authorized by the local public health officer, shall transport the individual, if necessary, to a facility that the department or local health officer determines will meet the individual's need for medical evaluation, isolation and treatment.
252.07(8)(c)
(c) No individual may be confined under this subsection for more than 72 hours, excluding Saturdays, Sundays and legal holidays, without a court hearing under
sub. (9) to determine whether the confinement should continue.
252.07(9)(a)(a) The department or a local health officer may petition any court for a hearing to determine whether an individual with infectious or suspect tuberculosis should be confined for longer than 72 hours in a facility where proper care and treatment will be provided and spread of the disease will be prevented. The department or local health officer shall include in the petition documentation that demonstrates all of the following:
252.07(9)(a)1.
1. That the individual named in the petition has infectious tuberculosis; that the individual has noninfectious tuberculosis but is at high risk of developing infectious tuberculosis; or that the individual has suspect tuberculosis.
252.07(9)(a)2.
2. That the individual has failed to comply with the prescribed treatment regimen or with any rules promulgated by the department under
sub. (11); or that the disease is resistant to the medication prescribed to the individual.
252.07(9)(a)3.
3. That all other reasonable means of achieving voluntary compliance with treatment have been exhausted and no less restrictive alternative exists; or that no other medication to treat the resistant disease is available.
252.07(9)(a)4.
4. That the individual poses an imminent and substantial threat to himself or herself or to the public health.
252.07(9)(b)
(b) The department or local health officer shall give the individual written notice of a hearing at least 48 hours before a scheduled hearing is to be held. Notice of the hearing shall include all of the following information:
252.07(9)(b)2.
2. The grounds, and underlying facts, upon which confinement of the individual is being sought.
252.07(9)(b)3.
3. An explanation of the individual's rights specified under
par. (d).
252.07(9)(b)4.
4. The proposed actions to be taken and the reasons for each action.
252.07(9)(c)
(c) If the court orders confinement of an individual under this subsection, the individual shall remain confined until the department or local health officer, with the concurrence of a treating physician, determines that treatment is complete or that the individual is no longer a substantial threat to himself or herself or to the public health. If the individual is to be confined for more than 6 months, the court shall review the confinement every 6 months.
252.07(9)(d)
(d) An individual who is the subject of a petition for a hearing under this subsection has the right to appear at the hearing, the right to present evidence and cross-examine witnesses and the right to be represented by adversary counsel. At the time of the filing of the petition the court shall assure that the individual who is the subject of the petition is represented by adversary counsel. If the individual claims or appears to be indigent, the court shall refer the individual to the authority for indigency determinations specified under
s. 977.07 (1). If the individual is a child, the court shall refer that child to the state public defender who shall appoint counsel for the child without a determination of indigency, as provided in
s. 48.23 (4). Unless good cause is shown, a hearing under this subsection may be conducted by telephone or live audiovisual means, if available.
252.07(9)(e)
(e) An order issued by the court under this subsection may be appealed as a matter of right. An appeal shall be heard within 30 days after the appeal is filed. An appeal does not stay the order.
252.07(10)
(10) Inpatient care for isolated pulmonary tuberculosis patients, and inpatient care exceeding 30 days for other pulmonary tuberculosis patients, who are not eligible for federal medicare benefits, for medical assistance under
subch. IV 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.
252.07(11)
(11) The department may promulgate any rules necessary for the administration and enforcement of this section, including, if necessary to prevent or control the transmission of mycobacterium tuberculosis, rules that require screening of members of specific groups that are at risk for contracting or transmitting mycobacterium tuberculosis.
252.10
252.10
Public health dispensaries. 252.10(1)
(1) A local health department may request from the department certification to establish and maintain a public health dispensary for the diagnosis and treatment of persons suffering from or suspected of having tuberculosis. Two or more local health departments may jointly establish, operate and maintain public health dispensaries. The department shall certify a local health department to establish and maintain a public health dispensary if the local health department meets the standards established by the department by rule. The department of health and family services may withhold, suspend or revoke a certification if the local health department fails to comply with any rules promulgated by the department. The department shall provide the local health department with reasonable notice of the decision to withhold, suspend or revoke certification. The department shall offer the local health department an opportunity to comply with the rules and an opportunity for a fair hearing. Certified local health departments may contract for public health dispensary services. If the provider of those services fails to comply, the department may suspend or revoke the local health department's certification. 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(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 and rules promulgated by the department.
252.10(6)(b)
(b) The department shall determine by rule the reimbursement rate under
par. (a) for services.
252.10(6)(g)
(g) The reimbursement by the state under
pars. (a) and
(b) 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, local health departments, physicians or advanced practice nurse prescribers.
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 and in rules promulgated by the department. Records may be audited by the department.
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;
1999 a. 9,
32,
186.
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
(5) or
968.38 (4) or
(5) 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
(5) or
968.38 (4) or
(5). 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 $1,994,900 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)1.1. 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.a.
a. The scope of proposed services, including the proposed targeted population and numbers of persons proposed to be served.
252.12(2)(c)1.b.
b. The proposed methodology for the prevention services, including distribution and delivery of information and appropriateness of the message provided.
252.12(2)(c)1.c.
c. The qualifications of the applicant nonprofit corporation or public agency and its staff.
252.12(2)(c)1.d.
d. The proposed allocation of grant funds to the nonprofit corporation or public agency staff and services.
252.12(2)(c)1.e.
e. The proposed method by which the applicant would evaluate the impact of the grant funds awarded.
252.12(2)(c)2.
2. From the appropriation under
s. 20.435 (5) (am), the department shall award $75,000 in each fiscal year as grants for services to prevent HIV. Criteria for award of the grants shall include the criteria specified under
subd. 1. The department shall award 60% of the funding to applying organizations that receive funding under
par. (a) 8. and 40% of the funding to applying community-based organizations that are operated by minority group members, as defined in
s. 560.036 (1) (f).
252.12(2)(c)3.
3. From the appropriation under
s. 20.435 (5) (am), the department shall award to the African American AIDS task force of the Black Health Coalition of Wisconsin, Inc., $25,000 in each fiscal year as grants for services to prevent HIV.
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.
