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. 252.133(1)
(1) Except as provided in
sub. (2), a health care provider, as defined in
s. 252.15 (1) (ar), who procures, processes, distributes, or uses a human body part or human tissue that is the subject of an anatomical gift under
s. 157.06 shall have an HIV test performed on the donor of the body part or tissue in order to assure medical acceptability of the gift for the purpose intended. The health care provider shall use an HIV test that yields a validated HIV test result. If the validated HIV test result of the donor is positive, the human body part or human tissue donated for use or proposed for donation may not be used.
252.133(2)
(2) If, as determined by the attending physician of a potential donee of a human body part or human tissue, a medical emergency exists under which a human body part or human tissue that has been subjected to testing under
sub. (1) is unavailable, including a threat to the preservation of the life of the potential donee, the requirement of
sub. (1) does not apply.
252.133 History
History: 2009 a. 209 ss.
30,
45,
46; s. 35.17 correction in (2).
252.14
252.14
Discrimination related to acquired immunodeficiency syndrome. 252.14(1)(ar)
(ar) "Health care provider" means any of the following:
252.14(1)(ar)7.
7. A social worker, marriage and family therapist, or professional counselor certified or licensed under
ch. 457.
252.14(1)(ar)8.
8. 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.
252.14(1)(ar)11.
11. A corporation of any provider specified under
subds. 1. to
8. that provides health care services.
252.14(1)(ar)12.
12. A cooperative health care association organized under
s. 185.981 that directly provides services through salaried employees in its own facility.
252.14(1)(d)
(d) "Inpatient health care facility" means a hospital, nursing home, community-based residential facility, county home, county mental health complex or other place licensed or approved by the department under
s. 49.70,
49.71,
49.72,
50.02,
50.03,
50.35,
51.08 or
51.09 or a facility under
s. 45.50,
48.62,
51.05,
51.06,
233.40,
233.41,
233.42 or
252.10.
252.14(2)
(2) No health care provider, peace officer, fire fighter, correctional officer, state patrol officer, jailer or keeper of a jail or person designated with custodial authority by the jailer or keeper, home health agency, inpatient health care facility, or person who has access to a validated HIV test result may do any of the following with respect to an individual who has acquired immunodeficiency syndrome or has a positive, validated HIV test result, solely because the individual has HIV infection or an illness or medical condition that is caused by, arises from, or is related to HIV infection:
252.14(2)(a)
(a) Refuse to treat the individual, if his or her condition is within the scope of licensure or certification of the health care provider, home health agency or inpatient health care facility.
252.14(2)(am)
(am) If a peace officer, fire fighter, correctional officer, state patrol officer, jailer or keeper of a jail or person designated with custodial authority by the jailer or keeper, refuse to provide services to the individual.
252.14(2)(b)
(b) Provide care to the individual at a standard that is lower than that provided other individuals with like medical needs.
252.14(2)(bm)
(bm) If a peace officer, fire fighter, correctional officer, state patrol officer, jailer or keeper of a jail or person designated with custodial authority by the jailer or keeper, provide services to the individual at a standard that is lower than that provided other individuals with like service needs.
252.14(2)(c)
(c) Isolate the individual unless medically necessary.
252.14(2)(d)
(d) Subject the individual to indignity, including humiliating, degrading or abusive treatment.
252.14(2m)
(2m) If a person declines to be subjected to an HIV test, a health care provider may not use the fact that the person declined an HIV test as a basis for denying services or treatment, other than an HIV test, to the person.
252.14(3)
(3) A health care provider, home health agency, or inpatient health care facility that treats an individual who has an HIV infection or acquired immunodeficiency syndrome shall develop and follow procedures that shall ensure continuity of care for the individual in the event that his or her condition exceeds the scope of licensure or certification of the provider, agency, or facility.
252.14(4)
(4) Any person violating
sub. (2) is liable to the patient for actual damages and costs, plus exemplary damages of up to $10,000 for an intentional violation. In determining the amount of exemplary damages, a court shall consider the ability of a health care provider who is an individual to pay exemplary damages.
252.14 History
History: 1989 a. 201;
1991 a. 32,
39,
160,
189,
269,
315;
1993 a. 27 ss.
326 to
331; Stats. 1993 s. 252.14;
1993 a. 105,
190,
252,
443;
1993 a. 490 s.
143;
1993 a. 491,
495;
1995 a. 27 ss.
6322,
9145 (1);
1997 a. 27,
35,
67,
75,
175;
1999 a. 9,
32,
180;
2001 a. 70,
80,
89;
2005 a. 22;
2007 a. 130;
2009 a. 165,
209;
2011 a. 161.
252.15
252.15
Restrictions on use of an HIV test. 252.15(1)(ac)
(ac) "Authorized representative" means any of the following:
252.15(1)(ac)2.
2. A person named by the court under
ch. 48 or
54 or ch.
880, 2003 stats., having the duty and authority of guardianship.
252.15(1)(ac)3.
3. A parent or legal custodian of a person who is under 14 years of age.
252.15(1)(ac)4.
4. For a person who is unable to communicate due to a medical condition, the person's closest living relative or another individual with whom the person has a meaningful social and emotional relationship.
