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)
(1) From the appropriation account under
s. 20.435 (1) (dm), the department shall distribute moneys as follows:
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).
146.66
146.66
Low-income dental clinics. 146.66(1)
(1) From the appropriation account under
s. 20.435 (1) (dk), in each fiscal year, the department shall award grants to no fewer than 9 nonprofit dental clinics that meet the eligibility requirements under
sub. (2) and are located in this state.
146.66(2)
(2) To be eligible for a grant under
sub. (1), a nonprofit dental clinic must satisfy all of the following requirements:
146.66(2)(b)
(b) The clinic's primary purpose is to provide dental care to low-income patients, which may include any of the following individuals:
146.66(3)
(3) The department shall seek federal funding to support the operations of dental clinics that receive grants under
sub. (1) and shall request that the federal department of health and human services encourage collaborative arrangements between private dentists and health centers that receive federal funds under
42 USC 254b.
146.66 History
History: 2011 a. 32.
146.68
146.68
Grant for colposcopies and other services. From the appropriation account under
s. 20.435 (1) (dg), the department shall provide $75,000 in each 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;
2009 a. 28.
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)(hp)
(hp) A massage therapist or bodywork therapist licensed under
ch. 460.
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) A cooperative health care association organized under
s. 185.981 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.
146.81(2)(h)
(h) The time period during which the consent is effective.
146.81(3)
(3) "Patient" means a person who receives health care services from a health care provider.
146.81(4)
(4) "Patient health care records" means all records related to the health of a patient prepared by or under the supervision of a health care provider; and all records made by an ambulance service provider, as defined in
s. 256.01 (3), an emergency medical technician, as defined in
s. 256.01 (5), or a first responder, as defined in
s. 256.01 (9), in administering emergency care procedures to and handling and transporting sick, disabled, or injured individuals. "Patient health care records" includes billing statements and invoices for treatment or services provided by a health care provider and includes health summary forms prepared under
s. 302.388 (2). "Patient health care records" does not include those records subject to
s. 51.30, reports collected under
s. 69.186, records of tests administered under
s. 252.15 (5g) or
(5j),
343.305,
938.296 (4) or
(5) or
968.38 (4) or
(5), records related to sales of pseudoephedrine products, as defined in
s. 961.01 (20c), that are maintained by pharmacies under
s. 961.235, fetal monitor tracings, as defined under
s. 146.817 (1), or a pupil's physical health records maintained by a school under
s. 118.125.
146.81(5)
(5) "Person authorized by the patient" means the parent, guardian, or legal custodian of a minor patient, as defined in
s. 48.02 (8) and
(11), the person vested with supervision of the child under
s. 938.183 or
938.34 (4d),
(4h),
(4m), or
(4n), the guardian of a patient adjudicated incompetent in this state, the personal representative, spouse, or domestic partner under
ch. 770 of a deceased patient, any person authorized in writing by the patient or a health care agent designated by the patient as a principal under
ch. 155 if the patient has been found to be incapacitated under
s. 155.05 (2), except as limited by the power of attorney for health care instrument. If no spouse or domestic partner survives a deceased patient, "person authorized by the patient" also means an adult member of the deceased patient's immediate family, as defined in
s. 632.895 (1) (d). A court may appoint a temporary guardian for a patient believed incompetent to consent to the release of records under this section as the person authorized by the patient to decide upon the release of records, if no guardian has been appointed for the patient.
146.81 History
History: 1979 c. 221;
1981 c. 39 s.
22;
1983 a. 27;
1983 a. 189 s.
329 (1);
1983 a. 535;
1985 a. 315;
1987 a. 27,
70,
264;
1987 a. 399 ss.
403br,
491r;
1987 a. 403;
1989 a. 31,
168,
199,
200,
229,
316,
359;
1991 a. 39,
160,
269;
1993 a. 27,
32,
105,
112,
183,
385,
443,
496;
1995 a. 27 s.
9145 (1);
1995 a. 77,
98,
352;
1997 a. 27,
67,
75,
156,
175;
1999 a. 9,
32,
151,
180,
188;
2001 a. 38,
70,
74,
80,
89;
2005 a. 262,
387;
2007 a. 108;
2009 a. 28,
165,
209,
355.
