146.65 Rural health dental clinics.
146.68 Grant for colposcopies and other services.
146.71 Determination of death.
146.81 Health care records; definitions.
146.815 Contents of certain patient health care records.
146.817 Preservation of fetal monitor tracings and microfilm copies.
146.819 Preservation or destruction of patient health care records.
146.82 Confidentiality of patient health care records.
146.83 Access to patient health care records.
146.835 Parents denied physical placement rights.
146.84 Violations related to patient health care records.
146.87 Federal registration numbers for prescribers of controlled substances.
146.89 Volunteer health care provider program.
146.905 Reduction in fees prohibited.
146.91 Long-term care insurance.
146.95 Patient visitation.
146.96 Uniform claim processing form.
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 services.
146.001(2)
(2) "Secretary" means the secretary of health 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.
146.22
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.
146.25
146.25
Required implanting of microchip prohibited. 146.25(1)(1) No person may require an individual to undergo the implanting of a microchip.
146.25(2)
(2) Any person who violates
sub. (1) may be required to forfeit not more than $10,000. Each day of continued violation constitutes a separate offense.
146.25 History
History: 2005 a. 482.
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.
146.31(3)
(3) No hospital, nonprofit tissue bank, physician, nurse or other medical personnel acting under the supervision and direction of a physician involved in the procurement, processing, distribution or use of human tissues such as corneas, bones or organs for the purpose of transplanting any of them into the human body shall be liable for damages resulting from those activities except for negligence or willful misconduct by that hospital, nonprofit tissue bank, physician, nurse or other medical personnel.
146.31 History
History: 1975 c. 75,
76;
1987 a. 97.
146.31 Annotation
Sub. (1) is unconstitutional. It violates the commerce clause, Art. I, s. 8, and the supremacy clause, art. VI, of the U.S. Constitution. State v. Interstate Blood Bank, Inc.
65 Wis. 2d 482,
222 N.W.2d 912 (1974).
146.33
146.33
Blood donors. Any person who is 17 years old or older may donate blood in any voluntary and noncompensatory blood program, and any person who is 16 years old may donate blood in such a program if his or her parent or legal guardian consents to the donation.
146.34
146.34
Donation of bone marrow by a minor. 146.34(1)(a)
(a) "Bone marrow" means the soft material that fills human bone cavities.
146.34(1)(b)
(b) "Bone marrow transplant" means the medical procedure by which transfer of bone marrow is made from the body of a person to the body of another person.
146.34(1)(c)
(c) "Donor" means a minor whose bone marrow is transplanted from his or her body to the body of the minor's brother or sister.
146.34(1)(d)
(d) "Guardian" means the person named by the court under
ch. 48 or
54 or ch.
880, 2003 stats., having the duty and authority of guardianship.
146.34(1)(e)
(e) "Legal custodian" means a person other than a parent or guardian or an agency to whom the legal custody of a minor has been transferred by a court under
ch. 48 or
938, but does not include a person who has only physical custody of a minor.
146.34(1)(f)
(f) "Parent" means a biological parent, a husband who has consented to the artificial insemination of his wife under
s. 891.40 or a parent by adoption. If the minor is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under
s. 767.803, "parent" includes a person adjudged in a judicial proceeding under
ch. 48 to be the biological father of the minor. "Parent" does not include any person whose parental rights have been terminated.
146.34(1)(g)
(g) "Physician" means a person licensed to practice medicine and surgery under
ch. 448.
146.34(1)(h)
(h) "Psychiatrist" means a physician specializing in psychiatry.
146.34(1)(i)
(i) "Psychologist" means a person licensed to practice psychology under
ch. 455.
146.34(1)(j)
(j) "Relative" means a parent, grandparent, stepparent, brother, sister, first cousin, nephew or niece; or uncle or aunt within the 3rd degree of kinship as computed under
s. 990.001 (16). This relationship may be by blood, marriage or adoption.
146.34(2)
(2) Prohibition on donation of bone marrow by a minor. Unless the conditions under
sub. (3) or
(4) have been met, no minor may be a bone marrow donor in this state.
146.34(3)
(3) Consent to donation of bone marrow by a minor under 12 years of age. If the medical condition of a brother or a sister of a minor who is under 12 years of age requires that the brother or sister receive a bone marrow transplant, the minor is deemed to have given consent to be a donor if all of the following conditions are met:
146.34(3)(a)
(a) The physician who will remove the bone marrow from the minor has informed the parent, guardian or legal custodian of the minor of all of the following:
146.34(3)(a)2.
2. The benefits and risks to the prospective donor and prospective recipient of performance of the bone marrow transplant.
146.34(3)(a)3.
3. The availability of procedures alternative to performance of a bone marrow transplant.
146.34(3)(b)
(b) The physician of the brother or sister of the minor has determined all of the following, has confirmed those determinations through consultation with and under recommendation from a physician other than the physician under
par. (a) and has provided the determinations to the parent, guardian or legal custodian under
par. (e):
146.34(3)(b)1.
1. That the minor is the most acceptable donor who is available.
146.34(3)(b)2.
2. That no medically preferable alternatives to a bone marrow transplant exist for the brother or sister.
146.34(3)(c)
(c) A physician other than a physician under
par. (a) or
(b) has determined the following and has provided the determinations to the parent, guardian or legal custodian under
par. (e):
146.34(3)(c)1.
1. The minor is physically able to withstand removal of bone marrow.
146.34(3)(c)2.
2. The medical risks of removing the bone marrow from the minor and the long-term medical risks for the minor are minimal.
146.34(3)(d)
(d) A psychiatrist or psychologist has evaluated the psychological status of the minor, has determined that no significant psychological risks to the minor exist if bone marrow is removed from the minor and has provided that determination to the parent, guardian or legal custodian under
par. (e).
146.34(3)(e)
(e) The parent, guardian or legal custodian, upon receipt of the information and the determinations under
pars. (a) to
(d), has given written consent to donation by the minor of the bone marrow.
146.34(4)
(4) Consent to donation of bone marrow by a minor 12 years of age or over. 146.34(4)(a)(a) A minor who has attained the age of 12 years may, if the medical condition of a brother or sister of the minor requires that the brother or sister receive a bone marrow transplant, give written consent to be a donor if:
146.34(4)(a)1.
1. A psychiatrist or psychologist has evaluated the intellect and psychological status of the minor and has determined that the minor is capable of consenting.
146.34(4)(a)2.
2. The physician who will remove the bone marrow from the minor has first informed the minor of all of the following:
