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) (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.
146.63 146.63 Grants to establish graduate medical training programs.
146.63(1)(1)Definition. In this section, “rural hospital" means a hospital, as defined under s. 50.33 (2), that is not located in a 1st class city.
146.63(2) (2)Departmental duties.
146.63(2)(a)(a) Subject to subs. (4) and (5), the department shall distribute grants from the appropriation under s. 20.435 (1) (fj) to assist rural hospitals and groups of rural hospitals in procuring infrastructure and increasing case volume to the extent necessary to develop accredited graduate medical training programs. The department shall distribute the grants under this paragraph to rural hospitals and groups of rural hospitals that apply to receive a grant under sub. (3) and that satisfy the criteria established by the department under par. (b) and the eligibility requirement under sub. (6).
146.63(2)(b) (b) The department shall establish criteria for approving and distributing grants under par. (a) and criteria for approving plans under sub. (3).
146.63(3) (3)Grant application. A rural hospital or group of rural hospitals may apply, in the form and manner determined by the department, to receive a grant under sub. (2) (a). The rural hospital or group of rural hospitals shall include in the application a plan to use the funds to procure infrastructure or increase case volume to the extent necessary to develop an accredited graduate medical training program at the rural hospital or group of rural hospitals and a plan to satisfy the matching requirement under sub. (4).
146.63(4) (4)Matching funds. The department may not distribute a grant under sub. (2) (a) unless the rural hospital or group of rural hospitals offers to provide matching funds in an amount determined by the department.
146.63(5) (5)Term of grants. The department may not distribute a grant under sub. (2) (a) to a rural hospital or group of rural hospitals for a term that is more than 3 years.
146.63(6) (6)Eligibility. A rural hospital or group of rural hospitals may only receive a grant under sub. (3) if the plan to use the funds involves developing an accredited graduate medical training program in any of the following specialties:
146.63(6)(a) (a) Family medicine.
146.63(6)(b) (b) Pediatrics.
146.63(6)(c) (c) Psychiatry.
146.63(6)(d) (d) General surgery.
146.63(6)(e) (e) Internal medicine.
146.63 History History: 2013 a. 20.
146.64 146.64 Grants to support graduate medical training programs.
146.64(1)(1)Definition. In this section, “hospital" has the meaning given under s. 50.33 (2).
146.64(2) (2)Departmental duties.
146.64(2)(a)(a) Subject to par. (c) and sub. (4), the department shall distribute grants to hospitals to fund the addition of positions to existing accredited graduate medical training programs. The department shall distribute the grants under this paragraph to hospitals that apply to receive a grant under sub. (3) and that satisfy the criteria established by the department under par. (b) and the eligibility requirement under sub. (4).
146.64(2)(b) (b) The department shall establish criteria for approving and distributing grants under par. (a).
146.64(2)(c)1.1. The department shall distribute funds for grants under par. (a) from the appropriation under s. 20.435 (4) (b). The department may not distribute more than $225,000 from the appropriation under s. 20.435 (4) (b) to a particular hospital in a given state fiscal year and may not distribute more than $75,000 from the appropriation under s. 20.435 (4) (b) to fund a given position in a graduate medical training program in a given state fiscal year.
146.64(2)(c)2. 2. If the department receives matching federal medical assistance funds, the department shall distribute those funds for grants under par. (a) in addition to any funds distributed under subd. 1.
146.64(2)(d) (d) The department shall seek federal medical assistance funds to match the grants distributed under par. (a). If the department receives those funds, the department shall distribute them as provided in par. (c) 2.
146.64(3) (3)Grant application. A hospital may apply, in the form and manner determined by the department, to receive a grant under sub. (2) (a).
146.64(4) (4)Eligibility. A hospital that has an accredited graduate medical training program in any of the following specialties may apply to receive a grant under sub. (3):
146.64(4)(a) (a) Family medicine.
146.64(4)(b) (b) Pediatrics.
146.64(4)(c) (c) Psychiatry.
146.64(4)(d) (d) General surgery.
146.64(4)(e) (e) Internal medicine.
146.64 History History: 2013 a. 20.
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 or physical therapist assistant 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.
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This is an archival version of the Wis. Stats. database for 2015. See Are the Statutes on this Website Official?