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) (9)Penalties.
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)(ao) (ao) Each day of continued violation under pars. (ag) and (am) is a separate offense.
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)(bm) (bm) In pars. (ag) and (b), "intentionally" has the meaning given under s. 939.23 (3).
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(1) (1)Definition. In this section:
146.62(1)(a) (a) "Hospital" has the meaning given under s. 50.33 (2).
146.62(1)(b) (b) "Rural" means outside a metropolitan statistical area, as specified under 42 CFR 412.62 (f) (ii) (A).
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.
146.62 History History: 1989 a. 31; 1991 a. 39; 1993 a. 16; 2011 a. 258.
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).
146.65 History History: 2001 a. 16; 2003 a. 33; 2005 a. 25; 2009 a. 28.
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)(a) (a) The clinic does not receive federal funds under 42 USC 254b.
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(2)(b)1. 1. Recipients of medical assistance, as defined in s. 49.43 (8).
146.66(2)(b)2. 2. Low-income individuals who do not qualify for medical assistance, as defined in s. 49.43 (8).
146.66(2)(b)3. 3. Individuals under the age of 18.
146.66(2)(b)4. 4. Individuals over the age of 65.
146.66(2)(b)5. 5. Individuals with disabilities.
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).
146.81 146.81 Health care records; definitions. In ss. 146.81 to 146.84:
146.81(1) (1) "Health care provider" means any of the following:
146.81(1)(a) (a) A nurse licensed under ch. 441.
146.81(1)(b) (b) A chiropractor licensed under ch. 446.
146.81(1)(c) (c) A dentist licensed under ch. 447.
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)(dg) (dg) A physical therapist licensed under subch. III of ch. 448.
146.81(1)(dr) (dr) A podiatrist licensed under subch. IV of ch. 448.
146.81(1)(em) (em) A dietitian certified under subch. V of ch. 448.
146.81(1)(eq) (eq) An athletic trainer licensed under subch. VI of ch. 448.
146.81(1)(es) (es) An occupational therapist or occupational therapy assistant licensed under subch. VII of ch. 448.
146.81(1)(f) (f) An optometrist licensed under ch. 449.
146.81(1)(fm) (fm) A pharmacist licensed under ch. 450.
146.81(1)(g) (g) An acupuncturist certified under ch. 451.
146.81(1)(h) (h) A psychologist licensed under ch. 455.
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)(i) (i) A partnership of any providers specified under pars. (a) to (hp).
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(1)(L) (L) A hospice licensed under subch. IV of ch. 50.
146.81(1)(m) (m) An inpatient health care facility, as defined in s. 50.135 (1).
146.81(1)(n) (n) A community-based residential facility, as defined in s. 50.01 (1g).
146.81(1)(p) (p) A rural medical center, as defined in s. 50.50 (11).
146.81(1)(q) (q) An ambulance service provider, as defined in s. 256.01 (3).
146.81(1)(r) (r) An emergency medical technician, as defined in s. 256.01 (5).
146.81(1)(s) (s) A first responder, as defined in s. 256.01 (9).
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)(b) (b) The type of information to be 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)(g) (g) The date on which the consent is signed.
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 Annotation A letter written by a person not licensed as a health care provider under sub. (1) was not a record under sub. (4) prepared under the supervision of a health care provider under sub. (1) (j) when the person was employed by a corporation that employed health care professionals but the corporation's shareholders were not health care providers. Hart v. Bennet, 2003 WI App 231, 267 Wis. 2d 919, 672 N.W.2d 306, 02-2993.
146.81 Annotation When a health care provider denied access to records on the ground that the patient was possibly incompetent to consent to the release of the records, it was obligated under sub.(5) to petition for a temporary guardian for the patient. Szymczak v. Terrace at St. Francis, 2006 WI App 3, 289 Wis. 2d 110, 709 N.W.2d 103, 04-2067.
146.815 146.815 Contents of certain patient health care records.
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This is an archival version of the Wis. Stats. database for 2011. See Are the Statutes on this Website Official?