146.91 Long-term care insurance.
146.95 Patient visitation.
146.96 Uniform claim processing form.
146.995 Reporting of wounds and burn injuries.
146.997 Health care worker protection.
146.001
146.001
Definitions. In this chapter unless the context otherwise requires:
146.001(1)
(1) "Department" means the department of health and family services.
146.001(2)
(2) "Secretary" means the secretary of health and family services.
146.0255
146.0255
Testing infants for controlled substances or controlled substance analogs. 146.0255(2)
(2) Testing. Any hospital employee who provides health care, social worker or intake worker under
ch. 48 may refer an infant or an expectant mother of an unborn child, as defined in
s. 48.02 (19), to a physician for testing of the bodily fluids of the infant or expectant mother for controlled substances or controlled substance analogs if the hospital employee who provides health care, social worker or intake worker suspects that the infant or expectant mother has controlled substances or controlled substance analogs in the bodily fluids of the infant or expectant mother because of the use of controlled substances or controlled substance analogs by the mother while she was pregnant with the infant or by the expectant mother while she is pregnant with the unborn child. The physician may test the infant or expectant mother to ascertain whether or not the infant or expectant mother has controlled substances or controlled substance analogs in the bodily fluids of the infant or expectant mother, if the physician determines that there is a serious risk that there are controlled substances or controlled substance analogs in the bodily fluids of the infant or expectant mother because of the use of controlled substances or controlled substance analogs by the mother while she was pregnant with the infant or by the expectant mother while she is pregnant with the unborn child and that the health of the infant, the unborn child or the child when born may be adversely affected by the controlled substances or controlled substance analogs. If the results of the test indicate that the infant does have controlled substances or controlled substance analogs in the infant's bodily fluids, the physician shall make a report under
s. 46.238. If the results of the test indicate that the expectant mother does have controlled substances or controlled substance analogs in the expectant mother's bodily fluids, the physician may make a report under
s. 46.238. Under this subsection, no physician may test an expectant mother without first receiving her informed consent to the testing.
146.0255(3)
(3) Test results. The physician who performs a test under
sub. (2) shall provide the infant's parents or guardian or the expectant mother with all of the following information:
146.0255(3)(a)
(a) A statement of explanation concerning the test that was performed, the date of performance of the test and the test results.
146.0255(3)(b)
(b) A statement of explanation that the test results of an infant must, and that the test results of an expectant mother may, be disclosed to a county department under
s. 46.22 or
46.23 or, in a county having a population of 500,000 or more, to the county department under
s. 51.42 or
51.437 in accordance with
s. 46.238 if the test results are positive.
146.0255(4)
(4) Confidentiality. The results of a test given under this section may be disclosed as provided in
sub. (3).
146.085
146.085
Pay toilets prohibited. 146.085(1)
(1)
Prohibition. The owner or manager of any public building shall not permit an admission fee to be charged for the use of any toilet compartment.
146.085(2)
(2) Penalty. Any person who violates this section shall be fined not less than $10 nor more than $50.
146.085(3)
(3) Enforcement. The department, the department of commerce and the public service commission shall enforce this section within their respective jurisdictions.
146.15
146.15
Information. State officials, physicians of mining, manufacturing and other companies or associations, officers and agents of a company incorporated by or transacting business under the laws of this state, shall when requested furnish, so far as practicable, the department any information required touching the public health; and for refusal shall forfeit $10.
146.16
146.16
Expenses. Expenses incurred under this chapter, not made otherwise chargeable, shall be paid by the town, city or village.
146.16 History
History: 1983 a. 27 s.
2202 (20);
1993 a. 27; 1995 a 227.
146.17
146.17
Limitations. Nothing in the statutes shall be construed to authorize interference with the individual's right to select his or her own physician or mode of treatment, nor as a limitation upon the municipality to enact measures in aid of health administration, consistent with statute and acts of the department.
146.17 History
History: 1993 a. 482.
146.185(1)(a)
(a) "African American" means a person whose ancestors originated in any of the black racial groups of Africa.
146.185(1)(b)
(b) "American Indian" means a person who is enrolled as a member of a federally recognized American Indian tribe or band or who possesses documentation of at least one-fourth American Indian ancestry or documentation of tribal recognition as an American Indian.
146.185(1)(c)
(c) "Asian" means a person whose ancestors originated in Asia south and southeast of the Himalayas and west of Wallace's Line in the Malay Archipelago.
146.185(1)(d)
(d) "Economically disadvantaged" means having an income that is at or below 125% of the poverty line.
146.185(1)(e)
(e) "Hispanic" means a person of any race whose ancestors originated in Mexico, Puerto Rico, Cuba, Central America or South America or whose culture or origin is Spanish.
146.185(1)(f)
(f) "Minority group member" means any of the following:
146.185(1)(g)
(g) "Nonprofit corporation" means a nonstock corporation organized under
ch. 181 that is a nonprofit corporation, as defined in
s. 181.0103 (17).
146.185(1)(h)
(h) "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).
146.185(2)
(2) The department shall do all of the following:
146.185(2)(a)
(a) Identify the barriers to health care that prevent economically disadvantaged minority group members in this state from participating fully and equally in all aspects of life.
146.185(2)(b)
(b) Conduct statewide hearings on issues of concern to the health interests of economically disadvantaged minority group members.
146.185(2)(c)
(c) Review, monitor and advise all state agencies with respect to the impact on the health of economically disadvantaged minority group members of current and emerging state policies, procedures, practices, statutes and rules.
146.185(2)(d)
(d) Work closely with all state agencies, including the board of regents of the University of Wisconsin System and the technical college system board, with the University of Wisconsin Hospitals and Clinics Authority, with the private sector and with groups concerned with issues of the health of economically disadvantaged minority group members to develop long-term solutions to health problems of minority group members.
146.185(2)(e)
(e) Disseminate information on the status of the health of economically disadvantaged minority group members in this state.
146.185(2)(f)
(f) Encourage economically disadvantaged minority group members who are students to enter career health care professions, by developing materials that are culturally sensitive and appropriate and that promote health care professions as careers, for use by the University of Wisconsin System, the technical college system and the Medical College of Wisconsin in recruiting the students.
146.185(2)(g)
(g) Submit a biennial report on the activities of the department under this section that includes recommendations on program policies, procedures, practices and services affecting the health status of economically disadvantaged minority group members, to the appropriate standing committees under
s. 13.172 (3) and to the governor.
146.185(3)
(3) From the appropriation under
s. 20.435 (5) (kb), the department shall annually award grants for activities to improve the health status of economically disadvantaged minority group members. A person may apply, in the manner specified by the department, for a grant of up to $50,000 in each fiscal year to conduct these activities. An awardee of a grant under this subsection shall provide, for at least 50% of the grant amount, matching funds that may consist of funding or an in-kind contribution. An applicant that is not a federally qualified health center, as defined under
42 CFR 405.2401 (b) shall receive priority for grants awarded under this subsection.
146.185(4)
(4) From the appropriation under
s. 20.435 (5) (kb), the department shall award a grant of up to $50,000 in each fiscal year to a private nonprofit corporation that applies, in the manner specified by the department, to conduct a public information campaign on minority health.
146.185 History
History: 1999 a. 9;
2001 a. 16;
2003 a. 33.
146.19
146.19
Cooperative American Indian health projects. 146.19(1)(a)
(a) "Inter-tribal organization" means an organization or association of tribes or tribal agencies.
146.19(1)(b)
(b) "Other agencies and organizations" means agencies of local, state and federal governments and private organizations that are not inter-tribal organizations or tribal agencies.
146.19(1)(c)
(c) "Tribal agency" means an agency of the governing body of a tribe.
146.19(1)(d)
(d) "Tribe" means the governing body of a federally recognized American Indian tribe or band located in this state.
146.19(2)
(2) Cooperative American Indian health project grants. From the appropriation under
s. 20.435 (5) (ke), the department shall award grants for cooperative American Indian health projects in order to promote cooperation among tribes, tribal agencies, inter-tribal organizations and other agencies and organizations in addressing specific problem areas in the field of American Indian health. A tribe, tribal agency or inter-tribal organization may apply, in the manner specified by the department, for a grant of up to $10,000 to conduct a cooperative American Indian health project, which meets all of the following requirements:
146.19(2)(a)
(a) The project involves the cooperation of 2 or more tribes, tribal agencies, inter-tribal organizations or other agencies or organizations.
146.19(2)(b)
(b) The project is designed to do at least one of the following:
146.19(2)(b)1.
1. Develop, test or demonstrate solutions for specific American Indian health problems which, if proven effective, may be applied by other tribes, tribal agencies, inter-tribal organizations or other agencies or organizations.
146.19(2)(b)2.
2. Fund start-up costs of cooperative programs to deliver health care services to American Indians.
146.19(2)(b)3.
3. Conduct health care needs assessments and studies related to health care issues of concern to American Indians.
146.19(4)
(4) Limitation; matching funds. A grant awarded under
sub. (2) may not exceed 50% of the cost of the cooperative American Indian health project. Participants in a funded project, as specified in
sub. (2) (a), may use in-kind contributions to provide part or all of the required match.
146.19 History
History: 1993 a. 16;
1997 a. 27;
1999 a. 9.
146.22
146.22
Flushing devices for urinals. The department shall not promulgate any rules which either directly or indirectly prohibit the use of manual flushing devices for urinals. The department shall take steps to encourage the use of manual flushing devices for urinals.
146.22 History
History: 1977 c. 418.
146.301
146.301
Refusal or delay of emergency service. 146.301(1)
(1) In this section "hospital providing emergency services" means a hospital which the department has identified as providing some category of emergency service.
146.301(2)
(2) No hospital providing emergency services may refuse emergency treatment to any sick or injured person.
146.301(3)
(3) No hospital providing emergency services may delay emergency treatment to a sick or injured person until credit checks, financial information forms or promissory notes have been initiated, completed or signed if, in the opinion of one of the following, who is an employee, agent or staff member of the hospital, the delay is likely to cause increased medical complications, permanent disability or death:
146.301(3)(a)
(a) A physician, registered nurse or emergency medical technician – paramedic.
146.301(3)(b)
(b) A licensed practical nurse under the specific direction of a physician or registered nurse.
146.301(3)(c)
(c) A physician assistant or any other person under the specific direction of a physician.
146.301(3m)
(3m) Hospitals shall establish written procedures to be followed by emergency services personnel in carrying out
sub. (3).
146.301(4)
(4) No hospital may be expected to provide emergency services beyond its capabilities as identified by the department.
146.301(5)
(5) Each hospital providing emergency services shall create a plan for referrals of emergency patients when the hospital cannot provide treatment for such patients.
146.301(6)
(6) The department shall identify the emergency services capabilities of all hospitals in this state and shall prepare a list of such services. The list shall be updated annually.
146.301(7)
(7) A hospital which violates this section may be fined not more than $1,000 for each offense.
146.31
146.31
Blood or tissue transfer services. 146.31(1)
(1) It is unlawful to operate a blood bank for commercial profit.
146.31(2)
(2) The procurement, processing, distribution or use of whole blood, plasma, blood products, blood derivatives and other human tissues such as corneas, bones or organs for the purpose of injecting, transfusing or transplanting any of them into the human body is declared to be, for all purposes except as provided under
s. 146.345, the rendition of a service by every person participating therein and, whether or not any remuneration is paid therefor, not to be a sale of the whole blood, plasma, blood products, blood derivatives or other tissues. No person involved in the procurement, processing, distribution or use of whole blood, plasma, blood products or blood derivatives for the purpose of injecting or transfusing any of them into the human body shall be liable for damages resulting from these activities except for his or her own negligence or willful misconduct.
