146.60(4)(e)
(e) Seek the assistance of the University of Wisconsin System faculty and academic staff or the department of health services in reviewing the proposed regulated release.
146.60(5)
(5) Memorandum of understanding. Within 6 months after June 13, 1989, the department of natural resources shall enter into a memorandum of understanding with the department of agriculture, trade and consumer protection setting forth the procedures and responsibilities of the departments in the administration of this section. The memorandum shall establish procedures that minimize the duplication of effort between the departments and for the person providing information under
sub. (3).
146.60(6)
(6) Confidential treatment of records. 146.60(6)(a)(a) Except as provided in
pars. (b) and
(c), the departments shall keep confidential any information received under this section if the person submitting the information notifies the departments that any of the following applies to that information:
146.60(6)(a)1.
1. The federal regulator to which the information has been submitted has determined that the information is entitled to confidential treatment and is not subject to public disclosure under
5 USC 552 or under the coordinated framework.
146.60(6)(a)2.
2. The person submitting the information to the departments has submitted a claim to the federal regulator that the information is entitled to confidential treatment under
5 USC 552 or under the coordinated framework, and the federal regulator has not made a determination on the claim.
146.60(6)(b)
(b) Paragraph (a) shall not prevent the departments from exchanging information under
sub. (3) (c) or
(4) (c) or from using the information for the purposes of
sub. (4) (d) or
(e), subject to the requirements under
par. (d). Any person receiving such information is subject to the penalty specified under
sub. (9) (b) for the unauthorized release of that information.
146.60(6)(c)
(c) The departments shall allow public access to any information which has been granted confidentiality under
par. (a) if any of the following occurs:
146.60(6)(c)1.
1. The person providing the information to the departments expressly agrees to the public access to the information.
146.60(6)(c)2.
2. After information has been granted confidentiality under
par. (a) 2., the federal regulator makes a determination that the information is not entitled to confidential treatment under
5 USC 552 or under the coordinated framework.
146.60(6)(c)3.a.
a. The person providing the information to the departments has not submitted that information under
par. (a) or a claim under
par. (a) 2. to the federal regulator; or
146.60(6)(c)3.b.
b. The federal regulator to which the information has been submitted has determined that the information is not entitled to confidential treatment and is subject to public disclosure under
5 USC 552 or under the coordinated framework.
146.60(6)(d)1.1. The departments shall establish procedures to protect information required to be kept confidential under
par. (a). Under the procedure, the departments may not submit any information under
sub. (4) (d) or
(e) to any person who is not an employee of either of the departments unless that person has signed an agreement which satisfies the requirements of
subd. 2.
146.60(6)(d)2.
2. The agreement required under
subd. 1. shall provide that information which is the subject of the agreement is subject to confidential treatment, shall prohibit the release or sharing of the information with any other person except at the direction of the reviewing department and in compliance with this section, shall acknowledge the penalties in
sub. (9),
s. 134.90 and any other applicable state law identified by the departments for the unauthorized disclosure of the information and shall contain a statement that the person receiving the information, any member of his or her immediate family or any organization with which he or she is associated has no substantial financial interest in the regulated release which is the subject of the information. Any person submitting the information under
sub. (3) or
(4) may waive any of the requirements under this subdivision.
146.60(7)(b)
(b) A reviewing department may waive part or all of the requirements under
sub. (3) for a specified regulated release if the reviewing department determines that the satisfaction of that requirement is not necessary to protect the public health or the environment.
146.60(7)(c)
(c) A reviewing department may exempt a class of regulated releases from part or all of any requirement under
sub. (3) if the department determines that the satisfaction of that requirement or part of a requirement is not necessary to protect the public health or the environment.
146.60(8)
(8) Enforcement. The attorney general shall enforce
subs. (3) and
(6). The circuit court for Dane County or for the county where a violation occurred in whole or in part has jurisdiction to enforce this section by injunctive and other relief appropriate for enforcement. In an enforcement action under this section, if it is determined that a person commenced a regulated release and did not comply with
sub. (3), the court shall issue an injunction directing the person to prevent or terminate the regulated release.
146.60(9)(a)(a) Any person who fails to submit the information required under
sub. (3) and has not commenced a regulated release shall forfeit not more than $100 for each violation. Any person who commences or continues a regulated release without having submitted the information required under
sub. (3) shall forfeit not less than $10 nor more than $25,000 for each violation. Each day of continued violation under this paragraph is a separate offense.
146.60(9)(ag)
(ag) Any person who intentionally violates
sub. (3) after commencing a regulated release shall be fined not less than $100 nor more than $25,000 or imprisoned for not more than one year in the county jail or both.
146.60(9)(am)
(am) For a 2nd or subsequent violation under
par. (ag), a person may be fined not more than $50,000 or imprisoned for not more than 9 months or both.
146.60(9)(b)
(b) Any person who intentionally violates any requirement under
sub. (6) (a) or
(b) shall be fined not less than $50 nor more than $50,000 or imprisoned for not less than one month nor more than 6 months or both.
146.60(9)(c)
(c) Paragraphs (a) and
(ag) do not apply to any person who provides the information required under
sub. (3) to either of the departments.
146.60(10)
(10) Relation to other laws. The authority, power and remedies provided in this section are in addition to any authority, power or remedy provided in any other statutes or provided at common law.
146.62
146.62
Rural hospital loan program. 146.62(4)
(4) Departmental duties. The department shall negotiate with each recipient of a loan made under s.
146.62 (2) and
(3), 1989 stats., the schedule of repayments and collect the loan repayments as they are due. Loan repayments shall be deposited in the general fund. Except as provided in
sub. (5), repayment for each loan shall begin no later than 12 months after the project funded under the loan begins operation.
146.62(5)
(5) Loan forgiveness. If a rural hospital that receives a loan under s.
146.62 (2) and
(3), 1989 stats., is unable to undertake the proposed project, the rural hospital may submit to the department a final report concerning the feasibility of loan repayment. The department shall review the report and may forgive all or part of the loan.
146.65
146.65
Rural health dental clinics. 146.65(1)(a)
(a) In each fiscal year, not more than $232,000, to the rural health dental clinic located in Ladysmith that provides dental services to persons who are developmentally disabled or elderly or who have low income, in the counties of Rusk, Price, Taylor, Sawyer, and Chippewa.
146.65(1)(b)
(b) In each fiscal year, not more than $355,600, to the rural health dental clinic located in Menomonie that provides dental services to persons who are developmentally disabled or elderly or who have low income, in the counties of Barron, Chippewa, Dunn, Pepin, Pierce, Polk, and St. Croix.
146.65(1)(c)
(c) In each fiscal year, not more than $400,000, to a rural health clinic in Chippewa Falls to provide dental services to persons who are developmentally disabled or elderly or who have low income, in the area surrounding Chippewa Falls, including the counties of Chippewa, Dunn, Barron, Taylor, Clark, and Eau Claire.
146.65(2)
(2) The department shall also seek federal funding to support the operations of the rural health dental clinics under
sub. (1).
146.68
146.68
Grant for colposcopies and other services. From the appropriation under
s. 20.435 (5) (dg), the department shall provide $100,000 in fiscal year 2007-08 and $75,000 in each subsequent fiscal year to an entity that satisfies the following criteria to provide colposcopic examinations and to provide services to medical assistance recipients or persons who are eligible for medical assistance:
146.68(1)
(1) The entity is located in the western or northern public health region of the state, as determined by the department.
146.68(2)
(2) The entity provides Papanicolaou tests, and at least 50 percent of the persons for whom the entity provides Papanicolaou tests are recipients of medical assistance or are eligible for medical assistance.
146.68 History
History: 2007 a. 20.
146.71
146.71
Determination of death. An individual who has sustained either irreversible cessation of circulatory and respiratory functions or irreversible cessation of all functions of the entire brain, including the brain stem, is dead. A determination of death shall be made in accordance with accepted medical standards.
146.71 History
History: 1981 c. 134.
146.71 Annotation
To determine whether an infant was "born alive" under s. 939.22 (16) for purposes of the homicide laws, courts apply s. 146.71. State v. Cornelius,
152 Wis. 2d 272,
448 N.W.2d 434 (Ct. App. 1989).
146.81(1)
(1) "Health care provider" means any of the following:
146.81(1)(d)
(d) A physician, physician assistant, perfusionist, or respiratory care practitioner licensed or certified under
subch. II of ch. 448.
146.81(1)(hg)
(hg) A social worker, marriage and family therapist, or professional counselor certified or licensed under
ch. 457.
146.81(1)(hm)
(hm) A speech-language pathologist or audiologist licensed under
subch. II of ch. 459 or a speech and language pathologist licensed by the department of public instruction.
146.81(1)(j)
(j) A corporation or limited liability company of any providers specified under
pars. (a) to
(hp) that provides health care services.
146.81(1)(k)
(k) An operational cooperative sickness care plan organized under
ss. 185.981 to
185.985 that directly provides services through salaried employees in its own facility.
146.81(2)
(2) "Informed consent" means written consent to the disclosure of information from patient health care records to an individual, agency or organization that includes all of the following:
146.81(2)(a)
(a) The name of the patient whose record is being disclosed.
146.81(2)(c)
(c) The types of health care providers making the disclosure.
146.81(2)(d)
(d) The purpose of the disclosure such as whether the disclosure is for further medical care, for an application for insurance, to obtain payment of an insurance claim, for a disability determination, for a vocational rehabilitation evaluation, for a legal investigation or for other specified purposes.
146.81(2)(e)
(e) The individual, agency or organization to which disclosure may be made.
146.81(2)(f)
(f) The signature of the patient or the person authorized by the patient and, if signed by a person authorized by the patient, the relationship of that person to the patient or the authority of the person.
