255.056(2)
(2) The department shall establish and maintain a cancer drug repository program, under which any person may donate a cancer drug or supplies needed to administer a cancer drug for use by an individual who meets eligibility criteria specified by rule by the department. Donation may be made on the premises of a medical facility or pharmacy that elects to participate in the program and meets requirements specified by rule by the department. The medical facility or pharmacy may charge an individual who receives a cancer drug or supplies needed to administer a cancer drug under this subsection a handling fee that may not exceed the amount specified by rule by the department. A medical facility or pharmacy that receives a donated cancer drug or supplies needed to administer a cancer drug under this subsection may distribute the cancer drug or supplies to another eligible medical facility or pharmacy for use under the program under this section.
255.056(3)
(3) A cancer drug or supplies needed to administer a cancer drug may be accepted and dispensed under the program specified in
sub. (2) only if all of the following requirements are met:
255.056(3)(a)
(a) The cancer drug or supplies needed to administer a cancer drug is in its original, unopened, sealed, and tamper-evident unit dose packaging or, if packaged in single-unit doses, the single-unit-dose packaging is unopened.
255.056(3)(b)
(b) The cancer drug bears an expiration date that is later than 6 months after the date that the drug was donated.
255.056(3)(c)
(c) The cancer drug or supplies needed to administer a cancer drug is not adulterated or misbranded, as determined by a pharmacist employed by, or under contract with, the medical facility or pharmacy, who shall inspect the drug or supplies needed to administer a cancer drug before the drug or supplies are dispensed.
255.056(3)(d)
(d) The cancer drug or supplies needed to administer a cancer drug are prescribed by a practitioner for use by an eligible individual and are dispensed by a pharmacist.
255.056(4)
(4) No cancer drug or supplies needed to administer a cancer drug that are donated for use under this section may be resold.
255.056(5)
(5) Nothing in this section requires that a medical facility, pharmacy, pharmacist, or practitioner participate in the program under this section.
255.056(6)(a)(a) Unless the manufacturer of a drug or supply exercises bad faith, the manufacturer is not subject to criminal or civil liability for injury, death, or loss to a person or property for matters related to the donation, acceptance, or dispensing of a cancer drug or supply manufactured by the manufacturer that is donated by any person under this section, including liability for failure to transfer or communicate product or consumer information or the expiration date of the donated cancer drug or supply.
255.056(6)(b)
(b) Except as provided in
par. (c), any person, except the manufacturer of a drug or supply, is immune from civil liability for injury to or the death of the individual to whom the cancer drug or supply is dispensed and may not be found guilty of unprofessional conduct for his or her acts or omissions related to donating, accepting, distributing, or dispensing a cancer drug or supply under this section.
255.056(6)(c)
(c) The immunity or the prohibition on a finding of guilty of unprofessional conduct under
par. (b) does not extend to donation, acceptance, distribution, or dispensation of a cancer drug by a person whose act or omission involves reckless, wanton, or intentional misconduct.
255.056(7)
(7) The department shall promulgate all of the following as rules:
255.056(7)(a)
(a) Requirements for medical facilities and pharmacies to accept and dispense donated cancer drugs or supplies needed to administer cancer drugs under this section, including all of the following:
255.056(7)(a)2.
2. Standards and procedures for accepting, safely storing, and dispensing donated cancer drugs or supplies needed to administer cancer drugs.
255.056(7)(a)3.
3. Standards and procedures for inspecting donated cancer drugs or supplies needed to administer cancer drugs to determine if the cancer drug or supplies needed to administer a cancer drug are in its original, unopened, sealed, and tamper-evident unit dose packaging or, if packaged in single-unit doses, the single-unit-dose packaging is unopened.
255.056(7)(a)4.
4. Standards and procedures for inspecting donated cancer drugs or supplies needed to administer cancer drugs to determine that the cancer drug or supplies needed to administer a cancer drug are not adulterated or misbranded.
255.056(7)(b)
(b) Eligibility criteria for individuals to receive donated cancer drugs or supplies needed to administer cancer drugs dispensed under the program. The standards shall prioritize dispensation to individuals who are uninsured or indigent, but will permit dispensation to others if an uninsured or indigent individual is unavailable.
255.056(7)(c)
(c) A means, such as an identification card, by which an individual who is eligible to receive a donated cancer drug or supplies needed to administer a cancer drug may indicate that eligibility.
255.056(7)(d)
(d) Necessary forms for administration of the cancer drug repository program, including forms for use by persons that donate, accept, distribute, or dispense cancer drugs or supplies needed to administer cancer drugs under the program.
255.056(7)(e)
(e) The maximum handling fee that a medical facility or pharmacy may charge for accepting, distributing, or dispensing donated cancer drugs or supplies needed to administer cancer drugs.
255.056(7)(f)
(f) A list of cancer drugs and supplies needed to administer cancer drugs, arranged by category or by individual cancer drug or supply, that the cancer drug repository program will accept for dispensing.
255.056(7)(g)
(g) A list of cancer drugs and supplies needed to administer cancer drugs, arranged by category or by individual cancer drug or supply, that the cancer drug repository program will not accept for dispensing. The list shall include a statement that specifies the reason that the cancer drug or supplies needed to administer a cancer drug are ineligible for donation.
255.056 History
History: 2003 a. 175,
327.
255.06
255.06
Well-woman 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)(d)
(d) "Nurse practitioner" means a registered nurse licensed under
ch. 441 or in a party state, as defined in
s. 441.50 (2) (j), whose practice of professional nursing under
s. 441.001 (4) includes performance of delegated medical services under the supervision of a physician, dentist, or podiatrist.
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(2)
(2) Well-woman program. From the appropriation under
s. 20.435 (5) (cb), the department shall administer a well-woman program to provide reimbursement for health care screenings, referrals, follow-ups, and patient education provided to low-income, underinsured, and uninsured women. Reimbursement to service providers under this section shall be at the rate of reimbursement for identical services provided under medicare, except that, if projected costs under this section exceed the amounts appropriated under
s. 20.435 (5) (cb), the department shall modify services or reimbursement accordingly. Within this limitation, the department shall implement the well-woman program to do all of the following:
255.06(2)(a)
(a)
Breast cancer screening services. Provide not more than $422,600 in each fiscal year as reimbursement for the provision of breast cancer screening services to women who are aged 40 years or older, by a hospital or organization that has a mammography unit available for use and that is selected by the department under procedures established by the department. Recipients of services under this paragraph are subject to a copayment, payable to the service provider, for which the department shall reduce reimbursement to the service provider, as follows:
255.06(2)(a)1.
1. For a woman for whom 3rd-party coverage for services is obtainable, payment by the source of the 3rd-party coverage at full reasonable charge.
255.06(2)(a)2.
2. For a woman for whom 3rd-party coverage for services is not obtainable and whose income is above 150% of the poverty line, a copayment for the provided service that is based on a sliding scale, as developed by the department, according to the woman's income.
255.06(2)(a)3.
3. For a woman for whom 3rd-party coverage is not obtainable and whose income is at or below 150% of the poverty line, no copayment.
255.06(2)(b)
(b)
Media announcements and educational materials. Allocate and expend at least $20,000 in each fiscal year to develop and provide media announcements and educational materials to promote breast cancer screening services that are available under
pars. (a) and
(c) and to promote health care screening services for women that are available under
par. (e).
255.06(2)(c)
(c)
Breast cancer screenings using mobile mammography van. Reimburse the city of Milwaukee public health department for up to $115,200 in each fiscal year for the performance of breast cancer screening activities with the use of a mobile mammography van.
255.06(2)(d)
(d)
Specialized training to for rural colposcopic examinations and activities. Provide not more than $25,000 in each fiscal year as reimbursement for the provision of specialized training of nurse practitioners to perform, in rural areas, colposcopic examinations and follow-up activities for the treatment of cervical cancer.
255.06(2)(e)
(e)
Health care screening, referral, follow-up, and patient education. Reimburse service providers for the provision of health care screening, referral, follow-up, and patient education to low-income, underinsured, and uninsured women.
255.06(2)(f)
(f)
Women's health campaign. Conduct a women's health campaign to do all of the following:
255.06(2)(f)1.
1. Increase women's awareness of issues that affect their health.
255.06(2)(f)2.
2. Reduce the prevalence of chronic and debilitating health conditions that affect women.
255.06(2)(g)
(g)
Osteoporosis prevention and education. Conduct an osteoporosis prevention and education program to raise public awareness concerning the causes and nature of osteoporosis, the risk factors for developing osteoporosis, the value of prevention and early detection of osteoporosis, and options for diagnosing and treating osteoporosis.
255.06(2)(h)
(h)
Multiple sclerosis education. Conduct a multiple sclerosis education program to raise public awareness concerning the causes and nature of multiple sclerosis and options for diagnosing and treating multiple sclerosis.
255.06(2)(i)
(i)
Multiple sclerosis services. Allocate and expend at least $60,000 as reimbursement for the provision of multiple sclerosis services to women.
255.06(3)
(3) Service coordination. The department shall coordinate the services provided under this section with the services provided under the minority health program under
s. 146.185, to ensure that disparities in the health of women who are minority group members are adequately addressed.
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;
1997 a. 27,
79;
2001 a. 16,
107,
109;
2003 a. 33.
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 that the department may, except as provided in
ss. 250.041 and
254.115, issue 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. Except as provided in
ss. 250.041 and
254.115, 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 employee 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 employee 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.
