255.06(1)(b)
(b) “Mammography" means the making of a record of a breast by passing X rays through a body to act on specially sensitized film.
255.06(1)(d)
(d) “Nurse practitioner" means a registered nurse licensed under
ch. 441 or in a party state, as defined in
s. 441.50 (2) (j), whose practice of professional nursing under
s. 441.001 (4) includes performance of delegated medical services under the supervision of a physician, dentist, or podiatrist.
255.06(1)(e)
(e) “Poverty line" means the nonfarm federal poverty line for the continental United States, as defined by the federal department of labor under
42 USC 9902 (2).
255.06(2)
(2) Well-woman program. From the appropriation account under
s. 20.435 (1) (cb), the department shall administer a well-woman program to provide reimbursement for health care screenings, referrals, follow-ups, case management, and patient education provided to low-income, underinsured, and uninsured women. Reimbursement to service providers under this section shall be at the rate of reimbursement for identical services provided under medicare, except that, if projected costs under this section exceed the amounts appropriated under
s. 20.435 (1) (cb), the department shall modify services or reimbursement accordingly. Within this limitation, the department shall implement the well-woman program to do all of the following:
255.06(2)(a)
(a)
Breast cancer screening services. Provide not more than $422,600 in each fiscal year as reimbursement for the provision of breast cancer screening services to women who are aged 40 years or older and whose income does not exceed 250 percent of the poverty line, by a hospital or organization that has a mammography unit available for use and that is selected by the department under procedures established by the department. The department shall reduce reimbursement for a service provided under this paragraph by the amount of any applicable 3rd-party coverage.
255.06(2)(b)
(b)
Media announcements and educational materials. Allocate and expend at least $20,000 in each fiscal year to develop and provide media announcements and educational materials to promote breast cancer screening services that are available under
pars. (a) and
(c) and to promote health care screening services for women that are available under
par. (e).
255.06(2)(c)
(c)
Breast cancer screenings using mobile mammography van. Reimburse the city of Milwaukee public health department for up to $115,200 in each fiscal year for the performance of breast cancer screening activities with the use of a mobile mammography van.
255.06(2)(d)
(d)
Specialized training for rural colposcopic examinations and activities. Provide not more than $25,000 in each fiscal year as reimbursement for the provision of specialized training of nurse practitioners to perform, in rural areas, colposcopic examinations and follow-up activities for the treatment of cervical cancer.
255.06(2)(e)
(e)
Health care screening, referral, follow-up, case management, and patient education. Reimburse service providers for the provision of health care screening, referral, follow-up, case management, and patient education to low-income, underinsured, and uninsured women.
255.06(2)(f)
(f)
Women's health campaign. Conduct a women's health campaign to do all of the following:
255.06(2)(f)1.
1. Increase women's awareness of issues that affect their health.
255.06(2)(f)2.
2. Reduce the prevalence of chronic and debilitating health conditions that affect women.
255.06(2)(g)
(g)
Osteoporosis prevention and education. Conduct an osteoporosis prevention and education program to raise public awareness concerning the causes and nature of osteoporosis, the risk factors for developing osteoporosis, the value of prevention and early detection of osteoporosis, and options for diagnosing and treating osteoporosis.
255.06(2)(h)
(h)
Multiple sclerosis education. Conduct a multiple sclerosis education program to raise public awareness concerning the causes and nature of multiple sclerosis and options for diagnosing and treating multiple sclerosis.
255.06(2)(i)
(i)
Multiple sclerosis services. Allocate and expend at least $60,000 as reimbursement for the provision of multiple sclerosis services to women.
255.06(3)
(3) Service coordination. The department shall coordinate the services provided under this section with the services provided under the minority health program under
s. 250.20 (2) to
(4), to ensure that disparities in the health of women who are minority group members are adequately addressed.
255.06(4)
(4) Information about women who receive services. The department shall obtain and share information about women who receive services that are reimbursed under this section as provided in
s. 49.475.
255.07
255.07
Life-saving allergy medication; use of epinephrine auto-injectors. 255.07(1)(a)
(a) “Administer" means the direct application of an epinephrine auto-injector to the body of an individual.
255.07(1)(b)
(b) “Authorized entity" means any entity or organization, other than a school described in
s. 118.2925, operating a business, activity, or event at which allergens capable of causing anaphylaxis may be present, including a recreational and educational camp, college, university, day care facility, youth sports league, amusement park, restaurant, place of employment, and sports arena.
255.07(1)(c)
(c) “Epinephrine auto-injector" means a device for the automatic injection of epinephrine into the human body to prevent or treat a life-threatening allergic reaction.
255.07(1)(d)
(d) “Health care practitioner" means a physician, a physician assistant licensed under
s. 448.04 (1) (f), or an advanced practice nurse who is certified to issue prescription orders under
s. 441.16.
255.07(2)
(2) Prescribing to an authorized entity permitted. A health care practitioner may prescribe an epinephrine auto-injector in the name of an authorized entity for use in accordance with this section.
255.07(3)
(3) Authorized entities permitted to maintain supply. An authorized entity may acquire and maintain a supply of epinephrine auto-injectors pursuant to a prescription issued in accordance with this section. The authorized entity shall store an epinephrine auto-injector in a location readily accessible in an emergency and in accordance with the epinephrine auto-injector's instructions for use. An authorized entity shall designate an employee or agent who has completed the training required in
sub. (5) to be responsible for the storage, maintenance, control, and general oversight of epinephrine auto-injectors acquired by the authorized entity.
255.07(4)
(4) Use of epinephrine auto-injectors. An employee or agent of an authorized entity, or other individual, who has completed the training required by
sub. (5) may use an epinephrine auto-injector prescribed under
sub. (2) to do any of the following:
255.07(4)(a)
(a) Provide one or more epinephrine auto-injectors to any individual who the employee, agent, or individual believes in good faith is experiencing anaphylaxis, or to the parent, guardian, or caregiver of that individual for immediate administration, regardless of whether the individual has a prescription for an epinephrine auto-injector or has previously been diagnosed with an allergy.
255.07(4)(b)
(b) Administer an epinephrine auto-injector to any individual who the employee, agent, or other individual believes in good faith is experiencing anaphylaxis, regardless of whether the individual has a prescription for an epinephrine auto-injector or has previously been diagnosed with an allergy.
255.07(5)(a)(a) An employee, agent, or other individual described in
sub. (3) or
(4) shall complete an anaphylaxis training program and at least every 4 years thereafter. The employee, agent, or other individual shall complete a training program conducted by a nationally recognized organization experienced in training laypersons in emergency health treatment or an organization approved by the department. The department may approve an organization to conduct training, either online or in person, that covers, at a minimum, all of the following:
255.07(5)(a)1.
1. How to recognize signs and symptoms of severe allergic reactions, including anaphylaxis.
255.07(5)(a)2.
2. Standards and procedures for the storage and administration of an epinephrine auto-injector.
255.07(5)(a)3.
3. Emergency follow-up procedures after an epinephrine auto-injector is administered, including the necessity of calling the telephone number “911" or another telephone number for an emergency medical service provider.
255.07(5)(b)
(b) The organization that conducts the training under
par. (a) shall issue a certificate, on a form approved by the department, to each person who successfully completes the anaphylaxis training program.
255.07(6)
(6) Good Samaritan protections; liability. 255.07(6)(a)(a) All of the following are not liable for any injury that results from the administration or failure to administer an epinephrine auto-injector under this section, unless the injury is the result of an act or omission that constitutes gross negligence or willful or wanton misconduct:
255.07(6)(a)1.
1. An authorized entity that possesses and makes available an epinephrine auto-injector and its employees, agents, and other individuals that store, maintain, control, oversee, provide, or use an epinephrine auto-injector.
255.07(6)(a)2.
2. A health care practitioner who prescribes or dispenses an epinephrine auto-injector to an authorized entity.
255.07(6)(a)3.
3. A pharmacist or other person who dispenses an epinephrine auto-injector to an authorized entity.
255.07(6)(b)
(b) The use of an epinephrine auto-injector under this section does not constitute the practice of medicine or of any other health care profession that requires a credential to practice.
255.07(6)(c)
(c) This immunity from liability or defense provided under this subsection is in addition to and not in lieu of that provided under
s. 895.48 or any other defense or immunity provided under state law.
255.07(6)(d)
(d) A person is not liable for any injuries or related damages that result from providing or administering an epinephrine auto-injector outside of this state if the person satisfies any of the following criteria:
255.07(6)(d)1.
1. The person would not have been liable for injuries or damages if the epinephrine auto-injector was provided or administered in this state.
255.07(6)(d)2.
2. The person is not liable for injuries or damages under the law of the state in which the epinephrine auto-injector was provided or administered.
255.07(6)(e)
(e) Nothing in this section creates or imposes any duty, obligation, or basis for liability on any authorized entity, or its employees, agents, or other individuals, to acquire or make available an epinephrine auto-injector.
255.07(7)
(7) Health care providers. Nothing in this section prohibits a health care provider, as defined in
s. 146.81 (1) (a) to
(hp) and
(q) to
(s), from acting within the scope of practice of the health care provider's license, certificate, permit, or registration.
255.07 History
History: 2015 a. 35; s. 35.17 correction in (4) (b).
255.10
255.10
Thomas T. Melvin youth tobacco prevention and education program. From the moneys distributed under
s. 255.15 (3) (b), the department shall administer the Thomas T. Melvin youth tobacco prevention and education program, with the primary purpose of reducing the use of cigarettes and tobacco products by minors. The department shall award grants for the following purposes:
255.10(1)
(1) Community education provided through local community initiatives.
255.10(2)
(2) A multimedia education campaign directed at encouraging minors not to begin using tobacco, motivating and assisting adults to stop using tobacco and changing public opinion on the use of tobacco.
255.10(3)
(3) Public education through grants to schools to expand and implement curricula on tobacco education.
255.10(4)
(4) Research on methods by which to discourage use of tobacco.
255.10(5)
(5) Evaluation of the program under this section.
255.15
255.15
Statewide tobacco use control program. 255.15(1m)(1m)
Duties. The department shall do all of the following:
255.15(1m)(c)
(c) Promulgate rules establishing criteria for recipients of grants awarded under
sub. (3), including performance-based standards for grant recipients that propose to use the grant for media efforts. The department shall ensure that programs or projects conducted under the grants are culturally sensitive.
255.15(1m)(d)
(d) Provide a forum for the discussion, development, and recommendation of public policy alternatives in the field of smoking cessation and prevention.
255.15(1m)(e)
(e) Provide a clearinghouse of information on matters relating to tobacco issues and how they are being met in different places throughout the nation such that both lay and professional groups in the field of government, health care and education may have additional avenues for sharing experiences and interchanging ideas in the formulation of public policy on tobacco.
255.15(1m)(f)
(f) Continue implementation of a strategic plan for a statewide tobacco use control program, including the allocation of funding, and update the plan annually.
255.15(3)(b)2.
2. Community-based programs to reduce the burden of tobacco-related diseases.
255.15(3)(b)3.
3. School-based programs relating to tobacco use cessation and prevention.
255.15(3)(b)4.
4. Enforcement of local laws aimed at reducing exposure to secondhand smoke and restricting underage access to tobacco.
255.15(3)(b)5.
5. Grants for partnerships among statewide organizations and businesses that support activities related to tobacco use cessation and prevention.
255.15(3)(b)6.
6. Marketing activities that promote tobacco use cessation and prevention.
255.15(3)(b)7.
7. Projects designed to reduce tobacco use among minorities and pregnant women.
255.15(3)(b)8.
8. Other tobacco use cessation or prevention programs, including tobacco research and intervention.
255.15(3)(b)9.
9. Surveillance of indicators of tobacco use and evaluation of the activities funded under this section.
255.15(3)(b)10.
10. Development of policies that restrict access to tobacco products and reduce exposure to environmental tobacco smoke.
255.15(3)(b)11.
11. To the Board of Regents of the University of Wisconsin System for advancing the work of the tobacco research and intervention center at the University of Wisconsin-Madison in developing new educational programs to discourage tobacco use, determining the most effective strategies for preventing tobacco use, and expanding smoking cessation programs throughout the state.
255.15(3)(bm)
(bm) From the appropriation account under
s. 20.435 (1) (fm), the department shall distribute $96,000 annually for programs to discourage use of smokeless tobacco.
255.15(3)(c)
(c) No recipient of moneys distributed under
par. (b) or
(bm) may expend more than 10 percent of those moneys for administrative costs.
255.15(4)
(4) Reports. Not later than April 15, 2002, and annually thereafter, the department shall submit to the governor and to the chief clerk of each house of the legislature for distribution under
s. 13.172 (2) a report that evaluates the success of the grant program under
sub. (3). The report shall specify the number of grants awarded during the immediately preceding fiscal year and the purpose for which each grant was made. The report shall also specify donations and grants accepted by the department under
sub. (5).
255.15(5)
(5) Funds. The department may accept for any of the purposes under this section any donations and grants of money, equipment, supplies, materials and services from any person. The department shall include in the report under
sub. (4) any donation or grant accepted by the department under this subsection, including the nature, amount and conditions, if any, of the donation or grant and the identity of the donor.
255.15 Cross-reference
Cross-reference: See also ch.
DHS 199, Wis. adm. code.
INJURY PREVENTION AND CONTROL
255.20
255.20
Duties of the department. The department shall do all of the following:
255.20(1)
(1) Maintain an injury prevention program that includes data collection, surveillance, education and the promotion of intervention.
255.20(2)
(2) Assist local health departments and community agencies by serving as a focal point for injury prevention expertise and guidance and by providing the leadership for effective local program development and evaluation.
