252.07(9)(d)
(d) An individual who is the subject of a petition for a hearing under this subsection has the right to appear at the hearing, the right to present evidence and cross-examine witnesses and the right to be represented by adversary counsel. At the time of the filing of the petition the court shall assure that the individual who is the subject of the petition is represented by adversary counsel. If the individual claims or appears to be indigent, the court shall refer the individual to the authority for indigency determinations specified under
s. 977.07 (1). If the individual is a child, the court shall refer that child to the state public defender who shall appoint counsel for the child without a determination of indigency, as provided in
s. 48.23 (4). Unless good cause is shown, a hearing under this subsection may be conducted by telephone or live audiovisual means, if available.
252.07(9)(e)
(e) An order issued by the court under this subsection may be appealed as a matter of right. An appeal shall be heard within 30 days after the appeal is filed. An appeal does not stay the order.
252.07(10)
(10) Inpatient care for isolated pulmonary tuberculosis patients, and inpatient care exceeding 30 days for other pulmonary tuberculosis patients, who are not eligible for federal medicare benefits, for medical assistance under
subch. IV of ch. 49 or for health care services funded by a relief block grant under
subch. II of ch. 49 may be reimbursed if provided by a facility contracted by the department. If the patient has private health insurance, the state shall pay the difference between health insurance payments and total charges.
252.07(11)
(11) The department may promulgate any rules necessary for the administration and enforcement of this section, including, if necessary to prevent or control the transmission of mycobacterium tuberculosis, rules that require screening of members of specific groups that are at risk for contracting or transmitting mycobacterium tuberculosis.
252.07(12)
(12) From the appropriation account under
s. 20.435 (1) (e), the department may expend not more than $81,100 annually to fund targeted prevention activities for populations at high risk for tuberculosis infection.
252.07 Annotation
The commonly accepted meanings of "facility" and "confined" indicate that the legislature intended jail to be a permissible placement option under sub. (9) (a) for persons with noninfectious tuberculosis who are noncompliant with a prescribed treatment regimen, provided that no less restrictive alternative exists. If conditions at a particular jail are such that proper care and treatment would be unavailable, or contrary to the prevention of the spread of the disease, jail is not authorized under sub. (9) (a). Whether a facility meets these requirements is a fact-intensive question addressed to the circuit court's discretion. City of Milwaukee v. Washington,
2007 WI 104,
304 Wis. 2d 98,
735 N.W.2d 111,
05-3141.
252.07 Annotation
The "no less restrictive alternative" requirement under sub. (9) (a) 3. applies to the place of confinement as well as the fact of confinement. A court must determine that the place of confinement is a facility where proper care and treatment will be provided, spread of the disease will be prevented, and no less restrictive alternative to the proposed placement exists. If after this analysis two or more placement options remain, a court may consider cost as a factor in making its determination. City of Milwaukee v. Washington,
2007 WI 104,
304 Wis. 2d 98,
735 N.W.2d 111,
05-3141.
252.09
252.09
Meningococcal disease and hepatitis B. 252.09(1)(1) Each private college and university in this state shall do all of the following:
252.09(1)(a)
(a) Annually, provide detailed information on the risks associated with meningococcal disease and hepatitis B and the availability and effectiveness of vaccines against the diseases to each enrolled student, if he or she is at least 18 years old, or to the student's parent or guardian, if the student is a minor.
252.09(1)(b)
(b) Require a student who resides in a dormitory or residence hall, or the student's parent or guardian if the student is a minor, to affirm that the student received the information under
par. (a).
252.09(1)(c)
(c) Require a student who resides in a dormitory or residence hall to affirm whether he or she has received the vaccination against meningococcal disease and to provide the date of the vaccination, if any.
252.09(1)(d)
(d) Require a student who resides in a dormitory or residence hall to affirm whether he or she received the vaccination against hepatitis B and to provide the date of the vaccination, if any.
252.09(1)(e)
(e) Maintain a confidential record of the affirmations and the dates of the vaccinations of each student under
pars. (c) and
(d).
252.09(2)
(2) Nothing in this section requires a college or university to provide or pay for vaccinations against meningococcal disease or hepatitis B.
252.09 History
History: 2003 a. 61.
252.10
252.10
Public health dispensaries. 252.10(1)
(1) A local health department may request from the department certification to establish and maintain a public health dispensary for the diagnosis and treatment of persons suffering from or suspected of having tuberculosis. Two or more local health departments may jointly establish, operate and maintain public health dispensaries. The department shall certify a local health department to establish and maintain a public health dispensary if the local health department meets the standards established by the department by rule. The department of health services may withhold, suspend or revoke a certification if the local health department fails to comply with any rules promulgated by the department. The department shall provide the local health department with reasonable notice of the decision to withhold, suspend or revoke certification. The department shall offer the local health department an opportunity to comply with the rules and an opportunity for a fair hearing. Certified local health departments may contract for public health dispensary services. If the provider of those services fails to comply, the department may suspend or revoke the local health department's certification. The department may establish, operate and maintain public health dispensaries and branches in areas of the state where local authorities have not provided public health dispensaries.
252.10(6)(a)(a) The state shall credit or reimburse each dispensary on an annual or quarterly basis for the operation of public health dispensaries established and maintained in accordance with this section and rules promulgated by the department.
252.10(6)(b)
(b) The department shall determine by rule the reimbursement rate under
par. (a) for services.
252.10(6)(g)
(g) The reimbursement by the state under
pars. (a) and
(b) shall apply only to funds that the department allocates for the reimbursement under the appropriation account under
s. 20.435 (1) (e).
252.10(7)
(7) Drugs necessary for the treatment of mycobacterium tuberculosis shall be purchased by the department from the appropriation account under
s. 20.435 (1) (e) and dispensed to patients through the public health dispensaries, local health departments, physicians or advanced practice nurse prescribers.
252.10(9)
(9) Public health dispensaries shall maintain such records as are required by the department to enable them to carry out their responsibilities designated in this section and in rules promulgated by the department. Records may be audited by the department.
252.10(10)
(10) All public health dispensaries and branches thereof shall maintain records of costs and receipts which may be audited by the department of health services.
252.10 History
History: 1971 c. 81;
1971 c. 211 s.
124;
1973 c. 90;
1975 c. 39,
198,
224;
1975 c. 413 ss.
2,
18; Stats. 1975 s. 149.06;
1977 c. 29;
1981 c. 20 ss.
1446,
2202 (20) (c);
1983 a. 27;
1985 a. 29;
1991 a. 39,
160;
1993 a. 27 ss.
406,
407,
409,
411 to
414; Stats. 1993 s. 252.10,
1993 a. 443;
1995 a. 27 ss.
6318,
9126 (19),
9145 (1);
1997 a. 27,
75,
156,
175,
252;
1999 a. 9,
32,
186;
2007 a. 20 s.
9121 (6) (a);
2009 a. 28.
252.10 Cross-reference
Cross-reference: See also ch.
DHS 145, Wis. adm. code.
252.11
252.11
Sexually transmitted disease. 252.11(1)
(1) In this section, "sexually transmitted disease" means syphilis, gonorrhea, chlamydia and other diseases the department includes by rule.
252.11(1m)
(1m) A physician or other health care professional called to attend a person infected with any form of sexually transmitted disease, as specified in rules promulgated by the department, shall report the disease to the local health officer and to the department in the manner directed by the department in writing on forms furnished by the department. A physician may treat a minor infected with a sexually transmitted disease or examine and diagnose a minor for the presence of such a disease without obtaining the consent of the minor's parents or guardian. The physician shall incur no civil liability solely by reason of the lack of consent of the minor's parents or guardian.
252.11(2)
(2) An officer of the department or a local health officer having knowledge of any reported or reasonably suspected case or contact of a sexually transmitted disease for which no appropriate treatment is being administered, or of an actual contact of a reported case or potential contact of a reasonably suspected case, shall investigate or cause the case or contact to be investigated as necessary. If, following a request of an officer of the department or a local health officer, a person reasonably suspected of being infected with a sexually transmitted disease refuses or neglects examination by a physician, physician assistant, or advanced practice nurse prescriber or treatment, an officer of the department or a local health officer may proceed to have the person committed under
sub. (5) to an institution or system of care for examination, treatment, or observation.
252.11(4)
(4) If a person infected with a sexually transmitted disease ceases or refuses treatment before reaching what in a physician's, physician assistant's, or advanced practice nurse prescriber's opinion is the noncommunicable stage, the physician, physician assistant, or advanced practice nurse prescriber shall notify the department. The department shall without delay take the necessary steps to have the person committed for treatment or observation under
sub. (5), or shall notify the local health officer to take these steps.
252.11(5)
(5) Any court of record may commit a person infected with a sexually transmitted disease to any institution or may require the person to undergo a system of care for examination, treatment, or observation if the person ceases or refuses examination, treatment, or observation under the supervision of a physician, physician assistant, or advanced practice nurse prescriber. The court shall summon the person to appear on a date at least 48 hours, but not more than 96 hours, after service if an officer of the department or a local health officer petitions the court and states the facts authorizing commitment. If the person fails to appear or fails to accept commitment without reasonable cause, the court may cite the person for contempt. The court may issue a warrant and may direct the sheriff, any constable, or any police officer of the county immediately to arrest the person and bring the person to court if the court finds that a summons will be ineffectual. The court shall hear the matter of commitment summarily. Commitment under this subsection continues until the disease is no longer communicable or until other provisions are made for treatment that satisfy the department. The certificate of the petitioning officer is prima facie evidence that the disease is no longer communicable or that satisfactory provisions for treatment have been made.
252.11(5m)
(5m) A health care professional, as defined in
s. 968.38 (1) (a), acting under an order of a court under
s. 938.296 (4) or
968.38 (4) may, without first obtaining informed consent to the testing, subject an individual to a test or a series of tests to ascertain whether that individual is infected with a sexually transmitted disease. No sample used for performance of a test under this subsection may disclose the name of the test subject.
252.11(7)
(7) Reports, examinations and inspections and all records concerning sexually transmitted diseases are confidential and not open to public inspection, and may not be divulged except as may be necessary for the preservation of the public health, in the course of commitment proceedings under
sub. (5), or as provided under
s. 938.296 (4) or
968.38 (4). If a physician, physician assistant, or advanced practice nurse prescriber has reported a case of sexually transmitted disease to the department under
sub. (4), information regarding the presence of the disease and treatment is not privileged when the patient, physician, physician assistant, or advanced practice nurse prescriber is called upon to testify to the facts before any court of record.
252.11(9)
(9) The department shall prepare for free distribution upon request to state residents, information and instructions concerning sexually transmitted diseases.
252.11(10)
(10) The state laboratory of hygiene shall examine specimens for the diagnosis of sexually transmitted diseases for any physician, physician assistant, advanced practice nurse prescriber, or local health officer in the state, and shall report the positive results of the examinations to the local health officer and to the department. All laboratories performing tests for sexually transmitted diseases shall report all positive results to the local health officer and to the department, with the name of the physician, physician assistant, or advanced practice nurse prescriber to whom reported.
252.11(11)
(11) In each county with an incidence of gonorrhea, antibiotic resistant gonorrhea, chlamydia or syphilis that exceeds the statewide average, a program to diagnose and treat sexually transmitted diseases at no cost to the patient is required. The county board of supervisors is responsible for ensuring that the program exists, but is required to establish its own program only if no other public or private program is operating. The department shall compile statistics indicating the incidence of gonorrhea, antibiotic resistant gonorrhea, chlamydia and syphilis for each county in the state.
252.11 Cross-reference
Cross-reference: See also ch.
DHS 145, Wis. adm. code.
252.12
252.12
HIV and related infections, including hepatitis C virus infections; services and prevention. 252.12(1)(b)
(b) "AIDS service organizations" means nonprofit corporations or public agencies that provide, or arrange for the provision of, comprehensive services to prevent HIV infection and comprehensive health and social services for persons who have HIV infection, and that are designated as such by the department under
sub. (4).
252.12(1)(c)
(c) "Nonprofit corporation" means a nonstock corporation organized under
ch. 181 that is a nonprofit corporation, as defined in
s. 181.0103 (17).
252.12(1)(d)
(d) "Organization" means a nonprofit corporation or a public agency which proposes to provide services to individuals with acquired immunodeficiency syndrome.
252.12(1)(e)
(e) "Public agency" means a county, city, village, town or school district or an agency of this state or of a county, city, village, town or school district.
252.12(2)(a)(a)
HIV and related infections, including hepatitis C virus infections; services. From the appropriation accounts under
s. 20.435 (1) (a) and
(am), the department shall distribute funds for the provision of services to individuals with or at risk of contracting HIV infection, as follows:
252.12(2)(a)1.
1. `Partner referral and notification.' The department shall contact an individual known to have received an HIV infection and encourage him or her to refer for counseling, HIV testing, and, if appropriate, testing for hepatitis C virus infection any person with whom the individual has had sexual relations or has shared intravenous equipment.
252.12(2)(a)2.
2. `Grants to local projects.' The department shall make grants to applying organizations for the provision of HIV and related infection prevention information, the establishment of counseling support groups and the provision of direct care to persons with HIV infection, including those persons with hepatitis C virus infection.
252.12(2)(a)3.
3. `Statewide public education campaign.' The department shall promote public awareness of the risk of contracting HIV and related infections and measures for HIV and related infections protection by development and distribution of information through clinics providing family planning services, as defined in
s. 253.07 (1) (b), offices of physicians and clinics for sexually transmitted diseases and by newsletters, public presentations or other releases of information to newspapers, periodicals, radio and television stations and other public information resources. The information shall be targeted at individuals whose behavior puts them at risk of contracting HIV and related infections and shall encompass the following topics:
252.12(2)(a)3.b.
b. Means of identifying whether or not individuals may be at risk of contracting HIV and related infections.
252.12(2)(a)3.c.
c. Measures individuals may take to protect themselves from contracting HIV and related infections.
252.12(2)(a)3.d.
d. Locations for procuring additional information or obtaining HIV testing services.
252.12(2)(a)4.
4. `Information network.' The department shall establish a network to provide information to local health officers and other public officials who are responsible for HIV infection and related infection prevention and training.
252.12(2)(a)5.
5. The department shall perform HIV tests and, if appropriate, tests for the presence of related infections and shall conduct behavioral surveys among population groups determined by the department to be highly at risk of becoming infected with or transmitting HIV and related infections. Information obtained shall be used to develop targeted HIV infection and related infection prevention efforts for these groups and to evaluate the state's prevention strategies.
252.12(2)(a)6.
6. `Grants for targeted populations and intervention services.' The department shall make grants to those applying organizations that the department determines are best able to contact individuals who are determined to be highly at risk of contracting HIV for the provision of HIV and related infection information and intervention services.
252.12(2)(a)7.
7. The department shall distribute funding in each fiscal year to contract with organizations to provide, at alternate testing sites, anonymous or confidential counseling services for HIV, laboratory HIV testing services, and, if appropriate, laboratory testing services for the presence of related viruses.
252.12(2)(a)8.
8. `Mike Johnson life care and early intervention services grants.' The department shall award not more than $3,569,900 in each fiscal year in grants to applying organizations for the provision of needs assessments; assistance in procuring financial, medical, legal, social and pastoral services; counseling and therapy; homecare services and supplies; advocacy; and case management services. These services shall include early intervention services. The department shall also award not more than $74,000 in each year from the appropriation account under
s. 20.435 (5) (md) for the services under this subdivision. The state share of payment for case management services that are provided under
s. 49.45 (25) (be) to recipients of medical assistance shall be paid from the appropriation account under
s. 20.435 (1) (am). Subject to approval by the U.S. department of health and human services under
s. 49.45 (25g) (d), the state share of payment for HIV-related care coordination that is provided under
s. 49.45 (25g) to recipients of medical assistance, and for any increases in reimbursement rates under
s. 49.45 (25g), shall be paid from the appropriation under
s. 20.435 (1) (am). All of the following apply to grants awarded under this subdivision:
252.12(2)(a)8.a.
a. None of the funds awarded may be used to fund AIDS programs, or to develop materials, designed to promote or encourage, directly, intravenous drug use or sexual activity, whether homosexual or heterosexual.
252.12(2)(a)8.b.
b. None of the funds awarded may be used for political purposes.
252.12(2)(a)8.c.
c. Funds awarded shall be used to provide medical care and support services for individuals with HIV.
252.12(2)(a)9.
9. `Grant for family resource center.' The department shall award a grant to develop and implement an African-American family resource center in the city of Milwaukee that targets activities toward the prevention and treatment of HIV infection and related infections, including hepatitis C virus infection, of minority group members, as defined in
s. 16.287 (1) (f).
252.12(2)(c)1.1. From the appropriation account under
s. 20.435 (1) (md), the department shall award to applying nonprofit corporations or public agencies up to $75,000 in each fiscal year, on a competitive basis, as grants for services to prevent HIV. Criteria for award of the grants shall include all of the following:
252.12(2)(c)1.a.
a. The scope of proposed services, including the proposed targeted population and numbers of persons proposed to be served.
252.12(2)(c)1.b.
b. The proposed methodology for the prevention services, including distribution and delivery of information and appropriateness of the message provided.
252.12(2)(c)1.c.
c. The qualifications of the applicant nonprofit corporation or public agency and its staff.
252.12(2)(c)1.d.
d. The proposed allocation of grant funds to the nonprofit corporation or public agency staff and services.
252.12(2)(c)1.e.
e. The proposed method by which the applicant would evaluate the impact of the grant funds awarded.
252.12(2)(c)2.
2. From the appropriation account under
s. 20.435 (1) (am), the department shall award $75,000 in each fiscal year as grants for services to prevent HIV infection and related infections, including hepatitis C virus infection. Criteria for award of the grants shall include the criteria specified under
subd. 1. The department shall award 60% of the funding to applying organizations that receive funding under
par. (a) 8. and 40% of the funding to applying community-based organizations that are operated by minority group members, as defined in
s. 16.287 (1) (f).
252.12(2)(c)3.
3. From the appropriation account under
s. 20.435 (1) (am), the department shall award to the African American AIDS task force of the Black Health Coalition of Wisconsin, Inc., $25,000 in each fiscal year as grants for services to prevent HIV infection and related infections, including hepatitis C infection.
252.12(3)
(3) Confidentiality of information. The results of any test performed under
sub. (2) (a) 5. are confidential and may be disclosed only to the individual who receives a test or to other persons with the informed consent of the test subject. Information other than that released to the test subject, if released under
sub. (2) (a) 5., may not identify the test subject.
252.12(4)
(4) Designation of AIDS service organizations. The department shall designate AIDS service organizations and specify the geographical area of the state in which they are designated to provide services.
252.12 History
History: 1987 a. 27,
70,
399;
1989 a. 31,
201,
336;
1991 a. 39,
80;
1993 a. 16;
1993 a. 27 ss.
318,
319,
321,
323; Stats. 1993 s. 252.12;
1995 a. 27;
1997 a. 27,
79;
1999 a. 9;
2001 a. 16;
2005 a. 25;
2007 a. 20;
2009 a. 28,
209,
221;
2011 a. 32.
252.13(1)(1) In this section, "autologous transfusion" means the receipt by an individual, by transfusion, of whole blood, blood plasma, a blood product or a blood derivative, which the individual has previously had withdrawn from himself or herself for his or her own use.
252.13(1m)
(1m) Except as provided under
sub. (3), any blood bank, blood center or plasma center in this state that purchases or receives whole blood, blood plasma, a blood product or a blood derivative shall, prior to its distribution or use and in accordance with the conditions under
s. 252.15 (2m) (a), subject that blood, plasma, product or derivative to an HIV test. This subsection does not apply to a blood bank that purchases or receives whole blood, blood plasma, a blood product or a blood derivative from a blood bank, blood center or plasma center in this state if the whole blood, blood plasma, blood product or blood derivative has previously been subjected to an HIV test.
252.13(1r)
(1r) For the purposes of this section, the state epidemiologist shall make separate findings of medical significance and sufficient reliability for an HIV test or a series of HIV tests for each of the following purposes:
252.13(1r)(a)
(a) Subjecting whole blood, blood plasma, a blood product or a blood derivative to a test prior to distribution or use of the whole blood, blood plasma, blood product or blood derivative.
252.13(1r)(b)
(b) Providing disclosure of test results to the subject of the test.
252.13(2)
(2) If performance of a test under
sub. (1m) yields a validated test result positive for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV, the whole blood, blood plasma, blood product or blood derivative so tested with this result may not be distributed or used except for purposes of research or as provided under
sub. (5).
252.13(3)
(3) If a medical emergency, including a threat to the preservation of life of a potential donee, exists under which whole blood, blood plasma, a blood product, or a blood derivative that has been subjected to HIV testing under
sub. (1m) is unavailable, the requirement of
sub. (1m) shall not apply.
252.13(4)
(4) Subsections (1m) and
(2) do not apply to the extent that federal law or regulations require that a blood bank, blood center, or plasma center administer an HIV test to whole blood, blood plasma, a blood product, or a blood derivative.
252.13(5)
(5) Whole blood, blood plasma, a blood product, or a blood derivative described under
sub. (2) that is voluntarily donated solely for the purpose of an autologous transfusion may be distributed to or used by the person who has donated the whole blood, blood plasma, blood product, or blood derivative. No person other than the person who has donated the whole blood, blood plasma, blood product, or blood derivative may receive or use the whole blood, blood plasma, blood product, or blood derivative unless it has been subjected to an HIV test under
sub. (1m) and performance of the test has yielded a negative, validated HIV test result.
252.13 History
History: 1985 a. 73;
1987 a. 70;
1989 a. 201 ss.
9,
36;
1993 a. 27 ss.
325,
473; Stats. 1993 s. 252.13;
2009 a. 209.
252.133
252.133
HIV testing for anatomical gifts.
