253.12(2)(a)1.
1. A pediatric specialty clinic in which the birth defect is diagnosed in an infant or child or treatment for the birth defect is provided to the infant or child.
253.12(2)(a)2.
2. A physician who diagnoses the birth defect or provides treatment to the infant or child for the birth defect.
253.12(2)(am)
(am) Any hospital in which a birth defect is diagnosed in an infant or child or treatment is provided to the infant or child may report the birth defect in the manner prescribed by the department under
sub. (3) (a) 3.
253.12(2)(b)
(b) No person specified under
par. (a) need report under
par. (a) if that person knows that another person specified under
par. (a) or
(am) has already reported to the department the required information with respect to the same birth defect of the same infant or child.
253.12(2)(c)
(c) If the department determines that there is a discrepancy in any data reported under this subsection, the department may request a physician, hospital or pediatric specialty clinic to provide to the department information contained in the medical records of patients who have a confirmed or suspected birth defect diagnosis. The physician, hospital or pediatric specialty clinic shall provide that information within 10 working days after the department requests it.
253.12(2)(d)
(d) The department may not require a person specified under
par. (a) 1. or
2. to report the name of an infant or child for whom a report is made under
par. (a) if the parent or guardian of the infant or child refuses to consent in writing to the release of the name or address of the infant or child.
253.12(2)(e)
(e) If the address of an infant or child for whom a report is made under
par. (a) is included in the report, the department shall encode the address to refer to the same geographical location.
253.12(3)(a)(a) The department shall do all of the following:
253.12(3)(a)1.
1. Establish and maintain an up-to-date registry that documents the diagnosis in this state of any infant or child who has a birth defect, regardless of the residence of the infant or child. The department shall include in the registry information that will facilitate all of the following:
253.12(3)(a)1.b.
b. Investigation of the incidence, prevalence and trends of birth defects using epidemiological surveys.
253.12(3)(a)1.c.
c. Development of primary preventive strategies to decrease the occurrence of birth defects without increasing abortions.
253.12(3)(a)1.d.
d. Referrals for early intervention or other appropriate services.
253.12(3)(a)2.
2. Specify by rule the birth defects the existence of which requires a report under
sub. (2) to be submitted to the department.
253.12(3)(a)3.
3. Specify by rule the content, format and procedures for submitting a report under
sub. (2).
253.12(3)(b)
(b) The department may monitor the data contained in the reports submitted under
sub. (2) to ensure the quality of that data and to make improvements in reporting methods.
253.12(3)(c)
(c) The department shall, not more than 10 years from the date of receipt of a report under
sub. (2), delete from any file of the department the name of an infant or child that is contained in the report.
253.12(4)
(4) Council on birth defect prevention and surveillance. The council on birth defect prevention and surveillance shall meet at least 4 times per year and shall do all of the following:
253.12(4)(a)
(a) Make recommendations to the department regarding the establishment of a registry that documents the diagnosis in the state of an infant or child who has a birth defect, as required under
sub. (3) (a) 1. and regarding the rules that the department is required to promulgate under
sub. (3) (a) 2. and
3. on the birth defects to be reported under
sub. (2) and on the general content and format of the report under
sub. (2) and procedures for submitting the report. The council shall also make recommendations regarding the content of a report that, because of the application of
sub. (2) (d), does not contain the name of the subject of the report.
253.12(4)(b)
(b) Coordinate with the early intervention interagency coordinating council to facilitate the delivery of early intervention services to children from birth to 3 years with developmental needs.
253.12(4)(c)
(c) Advise the secretary and make recommendations regarding the registry established under
sub. (3) (a) 1.
253.12(4)(d)
(d) Beginning April 1, 2002, and biennially thereafter, submit to the appropriate standing committees under
s. 13.172 (3) a report that details the effectiveness, utilization and progress of the registry established under
sub. (3) (a) 1.
253.12(5)(a)(a) Any information contained in a report made to the department under
sub. (2) that may specifically identify the subject of the report is confidential. The department may not release that confidential information except to the following, under the following conditions:
253.12(5)(a)1.
1. The parent or guardian of an infant or child for whom a report is made under
sub. (2).
253.12(5)(a)2.
2. A local health officer, a local birth-to-3 coordinator or an agency under contract with the department to administer the children with special health care needs program, upon receipt of a written request and informed written consent from the parent or guardian of the infant or child. The local health officer may disclose information received under this subdivision only to the extent necessary to render and coordinate services and follow-up care for the infant or child or to conduct a health, demographic or epidemiological investigation. The local health officer shall destroy all information received under this subdivision within one year after receiving it.
253.12(5)(a)3.
3. A physician, hospital or pediatric specialty clinic reporting under
sub. (2), for the purpose of verification of information reported by the physician, hospital or pediatric specialty clinic.
253.12(5)(a)4.
4. A representative of a federal or state agency upon written request and to the extent that the information is necessary to perform a legally authorized function of that agency, including investigation of causes, mortality, methods of prevention and early intervention, treatment or care of birth defects, associated diseases or disabilities. The information may not include the name or address of an infant or child with a condition reported under
sub. (2). The department shall notify the parent or guardian of an infant or child about whom information is released under this subdivision, of the release. The representative of the federal or state agency may disclose information received under this paragraph only as necessary to perform the legally authorized function of that agency for which the information was requested.
253.12(5)(b)
(b) The department may also release confidential information to a person proposing to conduct research if all of the following conditions are met:
253.12(5)(b)1.
1. The person proposing to conduct the research applies in writing to the department for approval to perform the research and the department approves the application. The application for approval shall include a written protocol for the proposed research, the person's professional qualifications to perform the proposed research and any other information requested by the department.
253.12(5)(b)2.
2. The research is for the purpose of studying birth defects surveillance and prevention.
253.12(5)(b)3.
3. If the research will involve direct contact with a subject of a report made under
sub. (2) or with any member of the subject's family, the department determines that the contact is necessary for meeting the research objectives and that the research is in response to a public health need or is for the purpose of or in connection with birth defects surveillance or investigations sponsored and conducted by public health officials. The department must also determine that the research has been approved by a certified institutional review board or a committee for the protection of human subjects in accordance with the regulations for research involving human subjects required by the federal department of health and human services for projects supported by that agency. Contact may only be made with the written informed consent of the parent or guardian of the subject of the report and in a manner and method approved by the department.
253.12(5)(b)4.
4. The person agrees in writing that the information provided will be used only for the research approved by the department.
253.12(5)(b)5.
5. The person agrees in writing that the information provided will not be released to any person except other persons involved in the research.
253.12(5)(b)6.
6. The person agrees in writing that the final product of the research will not reveal information that may specifically identify the subject of a report made under
sub. (2).
253.12(5)(b)7.
7. The person agrees in writing to any other conditions imposed by the department.
253.12(6)
(6) Information not admissible. Information collected under this section is not admissible as evidence during the course of a civil or criminal action or proceeding or an administrative proceeding, except for the purpose of enforcing this section.
253.12 Cross-reference
Cross Reference: See also ch.
DHS 116, Wis. adm. code.
253.13
253.13
Tests for congenital disorders. 253.13(1)
(1)
Blood tests. The attending physician or nurse licensed under
s. 441.15 shall cause every infant born in each hospital or maternity home, prior to its discharge therefrom, to be subjected to blood tests for congenital and metabolic disorders, as specified in rules promulgated by the department. If the infant is born elsewhere than in a hospital or maternity home, the attending physician, nurse licensed under
s. 441.15 or birth attendant who attended the birth shall cause the infant, within one week of birth, to be subjected to these blood tests.
253.13(1m)
(1m) Urine tests. The department may establish a urine test program to test infants for causes of congenital disorders. The state laboratory of hygiene board may establish the methods of obtaining urine specimens and testing such specimens, and may develop materials for use in the tests. No person may be required to participate in programs developed under this subsection.
253.13(2)
(2) Tests; diagnostic, dietary and follow-up counseling program; fees. The department shall contract with the state laboratory of hygiene to perform the tests specified under this section and to furnish materials for use in the tests. The department shall provide necessary diagnostic services, special dietary treatment as prescribed by a physician for a patient with a congenital disorder as identified by tests under
sub. (1) or
(1m) and follow-up counseling for the patient and his or her family. The state laboratory of hygiene board, on behalf of the department, shall impose a fee for tests performed under this section sufficient to pay for services provided under the contract. The state laboratory of hygiene board shall include as part of this fee amounts the department determines are sufficient to fund the provision of diagnostic and counseling services, special dietary treatment, and periodic evaluation of infant screening programs, the costs of consulting with experts under
sub. (5), and the costs of administering the congenital disorder program under this section and shall credit these amounts to the appropriations under
s. 20.435 (1) (jb) and
(5) (ja).
253.13(3)
(3) Exceptions. This section shall not apply if the parents or legal guardian of the child object thereto on the grounds that the test conflicts with their religious tenets and practices. No tests may be performed under
sub. (1) or
(1m) unless the parents or legal guardian are fully informed of the purposes of testing under this section and have been given reasonable opportunity to object as authorized in this subsection or in
sub. (1m) to such tests.
253.13(4)
(4) Confidentiality of tests and related information. The state laboratory of hygiene shall provide the test results to the physician, who shall advise the parents or legal guardian of the results. No information obtained under this section from the parents or guardian or from specimens from the infant may be disclosed except for use in statistical data compiled by the department without reference to the identity of any individual and except as provided in
s. 146.82 (2). The state laboratory of hygiene board shall provide to the department the names and addresses of parents of infants who have positive test results.
253.13(5)
(5) Related services. The department shall disseminate information to families whose children suffer from congenital disorders and to women of child-bearing age with a history of congenital disorders concerning the need for and availability of follow-up counseling and special dietary treatment and the necessity for testing infants. The department shall also refer families of children who suffer from congenital disorders to available health services programs and shall coordinate the provision of these programs. The department shall periodically consult appropriate experts in reviewing and evaluating the state's infant screening programs.
253.13 Cross-reference
Cross Reference: See also ch.
DHS 115, Wis. adm. code.
253.13 Annotation
A physician and parent may enter an agreement to perform a PKU test after the infant has left the hospital without violating sub. (1). 61 Atty. Gen. 66.
253.14
253.14
Sudden infant death syndrome. 253.14(1)
(1) The department shall prepare and distribute printed informational materials relating to sudden infant death syndrome. The materials shall be directed toward the concerns of parents of victims of sudden infant death syndrome and shall be distributed to maximize availability to the parents.
253.14(2)
(2) The department shall make available upon request follow-up counseling by trained health care professionals for parents and families of victims of sudden infant death syndrome.
253.14 History
History: 1977 c. 246; Stats. 1977 s. 146.025;
1977 c. 447; Stats. 1977 s. 146.026;
1993 a. 27 s.
343; Stats. 1993 s. 253.14.
253.15
253.15
Shaken baby syndrome and impacted babies. 253.15(1)(a)
(a) "Board" means the child abuse and neglect prevention board.
253.15(1)(c)
(c) "Health care provider" means any person who is licensed, registered, permitted, or certified by the department of health services or the department of regulation and licensing to provide health care services in this state.
253.15(1)(d)
(d) "Impacted baby" means an infant or young child who suffers death or great bodily harm as a result of being thrown against a surface, hard or soft.
253.15(1)(e)
(e) "Nonprofit organization" means an organization described in section
501 (c) (3) of the Internal Revenue Code that is dedicated to the prevention of shaken baby syndrome and impacted babies and the support of families affected by shaken baby syndrome or an impacted baby.
253.15(1)(f)
(f) "Shaken baby syndrome" means a severe form of brain injury that occurs when an infant or young child is shaken forcibly enough to cause the brain to rebound against his or her skull.
253.15(2)
(2) Informational materials. The board shall purchase or prepare or arrange with a nonprofit organization to prepare printed and audiovisual materials relating to shaken baby syndrome and impacted babies. The materials shall include information regarding the identification and prevention of shaken baby syndrome and impacted babies, the grave effects of shaking or throwing on an infant or young child, appropriate ways to manage crying, fussing, or other causes that can lead a person to shake or throw an infant or young child, and a discussion of ways to reduce the risks that can lead a person to shake or throw an infant or young child. The materials shall be prepared in English, Spanish, and other languages spoken by a significant number of state residents, as determined by the board. The board shall make those written and audiovisual materials available to all hospitals, maternity homes, and nurse-midwives licensed under
s. 441.15 that are required to provide or make available materials to parents under
sub. (3) (a) 1., to the department and to all county departments and nonprofit organizations that are required to provide the materials to day care providers under
sub. (4), and to all school boards and nonprofit organizations that are permitted to provide the materials to pupils in one of grades 5 to 8 and in one of grades 10 to 12 under
sub. (5). The board shall also make those written materials available to all county departments and Indian tribes that are providing home visitation services under
s. 48.983 (4) (b) 1. or
2. and to all providers of prenatal, postpartum, and young child care coordination services under
s. 49.45 (44). The board may make available the materials required under this subsection to be made available by making those materials available at no charge on the board's Internet site.
253.15(3)(a)1.1. Before an infant who is born at or on route to a hospital or maternity home is discharged from the hospital or maternity home, the attending physician, the attending nurse midwife, or another trained, designated staff member of the hospital or maternity home shall provide to the parents of the infant, without cost to those parents, a copy of the written materials purchased or prepared under
sub. (2), shall inform those parents of the availability of the audiovisual materials purchased or prepared under
sub. (2), and shall make those audiovisual materials available for those parents to view.
253.15(3)(a)2.
2. Within 7 days after the birth of an infant who is born elsewhere than at or on route to a hospital or maternity home, the attending physician, the attending nurse-midwife, or a trained, designated birth attendant who attended the birth of the child shall provide to the parents of the infant, without cost to those parents, a copy of the written materials purchased or prepared under
sub. (2) and shall inform those parents of the availability of the audiovisual materials purchased or prepared under
sub. (2).
253.15(3)(b)
(b) At the same time that the written materials and explanation are provided under
par. (a) 1., or
2., the person who provides the written materials and explanation shall also provide the parent with a form prepared by the board in English, Spanish, and other languages spoken by a significant number of state residents, as determined by the board, that includes all of the following:
253.15(3)(b)1.
1. A statement that the parent has been advised as to the grave effects of shaking or throwing on an infant or young child and of appropriate ways to manage crying, fussing, or other causes that can lead a person to shake or throw an infant or young child.
253.15(3)(b)2.
2. A telephone number that the parent may call to obtain assistance on how to care for an infant or young child, which may be the telephone number of the infant's physician, the hospital or maternity home at or on route to which the infant was born, the nurse-midwife that attended the birth of the infant, if born elsewhere than at or on route to a hospital or maternity home, or a help line established by the hospital, maternity home, or nurse-midwife.
253.15(3)(b)3.
3. A statement that the parent will share the information specified in
subds. 1. and
2. with all persons who provide care for the infant.
253.15(3)(c)
(c) In preparing the form under
par. (b), the board may not include in the form a signature line for the parent to sign or any other requirement that the parent sign the form.
253.15(3)(d)
(d) The person who provides the written materials and explanation under
par. (a) 1. or
2. and the form under
par. (b) shall include in the records of the hospital, maternity home, or nurse-midwife relating to the infant a statement that the written materials, explanation, and form have been provided as required under
pars. (a) 1. or
2. and
(b) and that the audiovisual materials have been made available as required under
par. (a) 1. or that the parents have been informed of their availability as required under
par. (a) 2., whichever is applicable.
253.15(4)
(4) Training for day care providers. Before an individual may obtain a license to operate a day care center under
s. 48.65 for the care and supervision of children under 5 years of age or enter into a contract to provide a day care program under
s. 120.13 (14) for the care and supervision of children under 5 years of age, the individual shall receive training relating to shaken baby syndrome and impacted babies that is approved or provided by the department or that is provided by a nonprofit organization arranged by the department to provide that training. Before an individual may be certified under
s. 48.651 as a day care provider of children under 5 years of age, the individual shall receive training relating to shaken baby syndrome and impacted babies that is approved or provided by the certifying county department or that is provided by a nonprofit organization arranged by that county department to provide that training. Before an employee or volunteer of a day care center licensed under
s. 48.65, a day care provider certified under
s. 48.651, or a day care program established under
s. 120.13 (14) may provide care and supervision for children under 5 years of age, the employee or volunteer shall receive training relating to shaken baby syndrome and impacted babies that is approved or provided by the department or the certifying county department or that is provided by a nonprofit organization arranged by the department or county department to provide that training. The person conducting the training shall provide to the individual receiving the training, without cost to the individual, a copy of the written materials purchased or prepared under
sub. (2), a presentation of the audiovisual materials purchased or prepared under
sub. (2), and an oral explanation of those written and audiovisual materials.
253.15(5)
(5) Instruction for pupils. Each school board shall provide or arrange with a nonprofit organization or health care provider to provide age-appropriate instruction relating to shaken baby syndrome and impacted babies for pupils in one of grades 5 to 8 and in one of grades 10 to 12. The person providing the instruction may provide to each pupil receiving the instruction a copy of the written materials purchased or prepared under
sub. (2), a presentation of the audiovisual materials purchased or prepared under
sub. (2), and an oral explanation of those written and audiovisual materials.
253.15(6)
(6) Information to home visitation or care coordination services recipients. A county department or Indian tribe that is providing home visitation services under
s. 48.983 (4) (b) 1. or
2. and a provider of prenatal, postpartum, and young child care coordination services under
s. 49.45 (44) shall provide to a recipient of those services, without cost, a copy of the written materials purchased or prepared under
sub. (2) and an oral explanation of those materials.
253.15(7)(a)(a) The board, a nonprofit organization specified under
sub. (2), or a person from whom the board purchases the materials specified in
sub. (2) is immune from liability for any damages resulting from any good faith act or omission in preparing and distributing, or in failing to prepare and distribute, the materials specified in
sub. (2).
253.15(7)(b)
(b) A hospital, maternity home, physician, nurse-midwife, other staff member of a hospital or maternity home, or other birth attendant attending the birth of an infant is immune from liability for any damages resulting from any good faith act or omission in providing or failing to provide the written and audiovisual materials specified in
sub. (3) (a) or the form specified in
sub. (3) (b).
253.15(7)(c)
(c) The department, a county department, a nonprofit organization specified under
sub. (4), or any other person that provides the training, the written and audiovisual materials, and the oral explanation specified in
sub. (4) is immune from liability for any damages resulting from any good faith act or omission in approving, providing, or failing to approve or provide that training, those materials, and that explanation. A school board is immune from liability for any damages resulting from any good faith act or omission in connection with the provision of or the failure to provide, the training, written and audiovisual materials, and oral explanation specified in
sub. (4).
253.15(7)(d)
(d) A school board, nonprofit organization, or health care provider specified under
sub. (5) is immune from liability for any damages resulting from any good faith act or omission in providing or failing to provide the instruction and the written and audiovisual materials and oral explanation specified in
sub. (5).
253.15(7)(e)
(e) A county department or Indian tribe that is providing home visitation services under
s. 48.983 (4) (b) 1. or
2. and a provider of prenatal, postpartum, and young child care coordination services under
s. 49.45 (44) is immune from liability for any damages resulting from any good faith act or omission in providing or failing to provide the written materials and oral explanation specified in
sub. (6).
253.15(8)
(8) Identification of shaken or impacted babies. The department of health services shall identify all infants and young children who have shaken baby syndrome or who are impacted babies and all infants and young children who have died as a result of being shaken or thrown by using the statewide automated child welfare information system established under
s. 48.47 (7g) and child fatality information compiled by the department of justice. For each infant or young child so identified, the department of health services shall document the age, sex, and other characteristics of the infant or young child that are relevant to the prevention of shaken baby syndrome and impacted babies and, if known, the age, sex, employment status, and residence of the person who shook or threw the infant or young child, the relationship of that person to the infant or young child, and any other characteristics of that person that are relevant to the prevention of shaken baby syndrome and impacted babies.
253.15 Note
NOTE: Sub. (8) is shown as affected by 2 acts of the 2007 Wisconsin legislature and as merged by the legislative reference bureau under s. 13.92 (2) (i).
253.15 History
History: 2005 a. 165;
2007 a. 20 ss.
3059 to
3065,
9121 (6) (a);
2007 a. 96; s. 13.92 (2) (i).
