253.06(3m)(a)(a) The department may contract for an alternative system of authorized food distribution with an entity other than a vendor only if the entity meets all of the following requirements:
253.06(3m)(a)2.
2. The entity does not have any outstanding fines, forfeitures, or recoupments, or costs, fees, and surcharges imposed under ch.
814, that were levied against that entity for a violation of this section or for a violation of rules promulgated under this section. This subdivision does not apply if the entity has contested the fine, forfeiture, or recoupment, or costs, fees, and surcharges imposed under ch.
814, and has not exhausted administrative or judicial review.
253.06(3m)(a)3.
3. The entity is fit and qualified, as determined by the department.
253.06(3m)(b)
(b) The department shall redeem valid drafts submitted by a food distribution center.
253.06(4)(a)1.
1. Accept drafts or submit drafts to the department for redemption without authorization.
253.06(4)(a)2.
2. Provide cash or commodities, other than authorized food, in exchange for drafts or in exchange for authorized food purchased with a draft.
253.06(4)(a)3.
3. Accept a draft other than in exchange for authorized food that is provided by the person.
253.06(4)(a)3m.
3m. Provide authorized food or other commodities to a participant or proxy in exchange for a draft accepted by a 3rd party.
253.06(4)(a)4.
4. Enter on a draft a dollar amount that is higher than the actual retail price of the item for which the draft was used.
253.06(4)(a)5.
5. Require a participant or proxy to sign a draft before entering the dollar amount on the draft in permanent ink.
253.06(4)(a)6.
6. Accept a draft except during the period specified on the draft.
253.06(4)(a)7.
7. Provide materially false information to the department or fail to provide in a timely manner material information that the department requests.
253.06(4)(a)8.
8. Duplicate a vendor stamp or use a stamp other than a vendor stamp for any purpose for which a vendor stamp is required.
253.06(4)(a)9.
9. Submit for redemption a draft to someone other than the department.
253.06(4)(a)10.
10. Accept a draft from someone other than a participant or proxy, except that the department shall accept for redemption valid drafts from vendors and food distribution centers.
253.06(4)(b)
(b) A person who violates any provision of this subsection is guilty of a Class I felony for the first offense and is guilty of a Class H felony for the 2nd or subsequent offense.
253.06(4)(c)1.1. Whenever a court imposes a fine, forfeiture, or recoupment for a violation of this subsection or imposes a forfeiture or recoupment for a violation of rules promulgated under sub.
(5), the court shall also impose a supplemental food enforcement surcharge under ch.
814 in an amount of 50 percent of the fine, forfeiture, or recoupment imposed. If multiple offenses are involved, the court shall base the supplemental food enforcement surcharge on the total fine, forfeiture, and recoupment amounts for all offenses. When a fine, forfeiture, or recoupment is suspended in whole or in part, the court shall reduce the supplemental food enforcement surcharge in proportion to the suspension.
253.06(4)(c)2.
2. If a fine or forfeiture is imposed by a court of record, after a determination by the court of the amount due, the clerk of the court shall collect and transmit such amount to the county treasurer as provided in s.
59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration as provided in s.
59.25 (3) (f) 2. 253.06(5)(a)(a) The department shall promulgate rules to establish all of the following:
253.06(5)(a)1.
1. Minimum qualification standards for the authorization of vendors and for the awarding of a contract to an entity under sub.
(3m).
253.06(5)(a)2.
2. Standards of operation for authorized vendors and food distribution centers, including prohibited practices.
253.06(5)(a)3.
3. Minimum requirements for participants, including prohibited practices.
253.06(5)(a)4.
4. Procedures for approving or denying an application to be a participant, including appeal procedures.
253.06(5)(b)
(b) A person who violates any rule promulgated under this subsection may be subject to any of the following:
253.06(5)(b)1.
1. Denial of the application to be a participant or authorized vendor.
253.06(5)(b)2.
2. Suspension or termination of authorization for an authorized vendor or, in the case of a food distribution center, termination of the contract.
253.06(5)(b)3.
3. Disqualification from the program under this section for a participant.
253.06(5)(b)4.
4. Forfeiture of not less than $10 nor more than $1,000.
253.06(5)(c)
(c) Whenever the department imposes a forfeiture or recoupment for a violation of rules promulgated under this subsection, the department shall also impose an enforcement assessment in an amount of 50 percent of the forfeiture or recoupment imposed. If multiple offenses are involved, the department shall base the enforcement assessment upon the total forfeiture and recoupment amounts for all offenses. When a forfeiture or recoupment is suspended in whole or in part, the department shall reduce the enforcement assessment in proportion to the suspension.
253.06(5)(d)
(d) The department may directly assess a forfeiture provided for under par.
(b) 4., recoupment provided for under par.
(b) 5. and an enforcement assessment provided for under par.
(c). If the department determines that a forfeiture, recoupment or enforcement assessment should be levied, or that authorization or eligibility should be suspended or terminated, for a particular violation or for failure to correct it, the department shall send a notice of assessment, suspension or termination to the vendor, food distribution center or participant. The notice shall inform the vendor, food distribution center or participant of the right to a hearing under sub.
(6) and shall specify all of the following:
253.06(5)(d)6.
6. If applicable, that the suspension or termination of authorization of the vendor or eligibility of the participant is effective beginning on the 15th day after receipt of the notice of suspension or termination.
253.06(5)(e)
(e) The suspension or termination of authorization of a vendor or eligibility of a participant shall be effective beginning on the 15th day after receipt of the notice of suspension or termination. All forfeitures, recoupments, and enforcement assessments shall be paid to the department within 15 days after receipt of notice of assessment or, if the forfeiture, recoupment, or enforcement assessment is contested under sub.
(6), within 10 days after receipt of the final decision after exhaustion of administrative review, unless the final decision is adverse to the department or unless the final decision is appealed and the decision is stayed by court order under sub.
(7). The department shall remit all forfeitures paid to the secretary of administration for deposit in the school fund. The department shall deposit all enforcement assessments in the appropriation under s.
20.435 (1) (gr).
253.06(5)(f)
(f) The attorney general may bring an action in the name of the state to collect any forfeiture or recoupment imposed under par.
(b) or enforcement assessment imposed under par.
(c), if the forfeiture, recoupment or enforcement assessment has not been paid following the exhaustion of all administrative and judicial reviews. The only issue that may be contested in any such action is whether the forfeiture or enforcement assessment has been paid.
253.06(6)(a)(a) Any hearing under s.
227.42 granted by the department under this section may be conducted before the division of hearings and appeals in the department of administration.
253.06(6)(b)
(b) A person may contest an assessment of forfeiture, recoupment or enforcement assessment, a denial, suspension or termination of authorization or a suspension or termination of eligibility by sending a written request for hearing under s.
227.44 to the division of hearings and appeals in the department of administration within 10 days after the receipt of the notice issued under sub.
(3) (bm) or
(5) (d). The administrator of the division of hearings and appeals may designate a hearing examiner to preside over the case and recommend a decision to the administrator under s.
227.46. The decision of the administrator of the division of hearings and appeals shall be the final administrative decision. The division of hearings and appeals shall commence the hearing and issue a final decision within 60 days after receipt of the request for hearing unless all of the parties consent to a later date. Proceedings before the division of hearings and appeals are governed by ch.
227. In any petition for judicial review of a decision by the division of hearings and appeals, the department, if not the petitioner who was in the proceeding before the division of hearings and appeals, shall be the named respondent.
253.06(7)
(7)
Injunction procedure. No injunction may be issued in any proceeding for review under ch.
227 of a decision of the division of hearings and appeals under sub.
(6), suspending or staying the decision except upon application to the circuit court or presiding judge thereof, notice to the department and any other party and hearing. No injunction that delays or prevents a decision of the division of hearings and appeals from becoming effective may be issued in any other proceeding or action in any court unless the parties to the proceeding before the division of hearings and appeals in which the order was made are also parties to the proceeding or action before the court.
253.06(8)
(8)
Inspection of premises. The department may visit and inspect each authorized vendor and each food distribution center, and for such purpose shall be given unrestricted access to the premises described in the authorization or contract.
253.06 History
History: 2009 a. 28 s.
1217; Stats. 2009 s. 253.06.
253.065
253.065
Dietetic internship program. 253.065(1)(1)
The department shall establish a dietetic internship program with federal moneys from the special supplemental food program for women, infants, and children authorized under
42 USC 1786. If the department determines that it may not implement or fund the program without a federal waiver, the department shall, no later than 6 months after March 26, 2016, request a waiver from the secretary of the federal department of agriculture. The department shall implement the program unless the federal department of agriculture disapproves the waiver request or the department is prohibited from using federal moneys to establish the program.
253.065(2)
(2) Subject to sub.
(8), the department, through the supplemental food program for women, infants, and children under s.
253.06, may sponsor the number of interns per year determined by the department, beginning with a first class of interns in September 2017.
253.065(3)
(3) Unless the department grants an exception, in order to be eligible for the internship program under sub.
(1), an applicant must, at the time of his or her selection, be employed as a nutritionist for the supplemental food program for women, infants, and children under s.
253.06 by either the department or a local agency and have met the educational requirements under s.
448.78 (3).
253.065(4)
(4) The department or local agency shall continue to pay an employee who participates in the internship program his or her salary for noninternship-related work hours from the supplemental food program for women, infants, and children under s.
253.06 (2). The department or local agency may pay an employee who participates in the internship program his or her salary for internship-related work hours from the supplemental food program for women, infants, and children under s.
253.06 (2) as funded from the federal special supplemental food program for women, infants, and children authorized under
42 USC 1786.
253.065(5)
(5) The department shall issue to each individual who successfully completes the dietetic internship program under this section a certificate of completion that the individual may submit as verification of the completion of more than 900 hours of qualifying dietetics practice under s.
448.78 (4). The dietitians affiliated credentialing board shall accept certificates of completion issued under this subsection as satisfactory evidence under s.
448.78 (4).
253.065(6)
(6) Each participant in the internship program shall agree to work at least 24 months for the department or a local agency as part of the supplemental food program for women, infants, and children under s.
253.06 upon successful completion of his or her internship. If the participant voluntarily terminates his or her employment with the supplemental food program for women, infants, and children before completing his or her obligated time under this subsection, or fails to take the dietetic registration examination within one year of internship completion, the participant must reimburse the department or a local agency for any incurred costs associated with his or her participation in the internship, including any income paid for internship-related work.
253.065(7)(a)(a) The department may promulgate rules necessary for administration of this section.
253.065(7)(b)
(b) For the internship program under this section, the department shall promulgate rules to establish all of the following:
253.065(7)(b)1.
1. Training criteria and program completion standards consistent with the accreditation standards required by the Accreditation Council for Education in Nutrition and Dietetics.
253.065(7)(b)3.
3. In addition to the requirement under sub.
(3), criteria and requirements for intern selection.
253.065(7)(b)4.
4. Procedures for administration of the program by the supplemental food program for women, infants, and children.
253.065(8)
(8) The department shall seek accreditation for the dietetic internship program under this section from the Accreditation Council for Education in Nutrition and Dietetics. The department may not begin accepting applicants for the internship program unless the program is granted accreditation by the Accreditation Council for Education in Nutrition and Dietetics.
253.065 History
History: 2015 a. 276.
253.07
253.07
Women's health block grant. 253.07(1)(a)
(a) “Family planning" means voluntary action by individuals to prevent or aid conception. “Family planning" does not include the performance, promotion, encouragement or counseling in favor of, or referral either directly or through an intermediary for, voluntary termination of pregnancy, but may include the providing of nondirective information explaining any of the following:
253.07(1)(b)
(b) “Family planning services" mean counseling by trained personnel regarding family planning; distribution of information relating to family planning; and referral to licensed nurse practitioners within the scope of their practice, licensed physicians or local health departments for consultation, examination, medical treatment and prescriptions for the purpose of family planning. “Family planning" does not include the performance, promotion, encouragement or counseling in favor of, or referral either directly or through an intermediary for, voluntary termination of pregnancy, but may include the providing of nondirective information explaining any of the following:
253.07(1)(c)
(c) “Women's health funds" means state funds appropriated under s.
20.435 (1) (f) or federal funds received by the state under Title V of the federal Social Security Act,
42 USC 701 to
713, that are allocated for the purposes described in this section.
253.07(2)(a)(a) The department shall provide for delivery of family planning services throughout the state by developing and by annually reviewing and updating a state plan for community-based family planning programs.
253.07(2)(b)
(b) The department shall allocate women's health funds under its control in a manner which will promote the development and maintenance of an integrated system of community health services. It shall maximize the use of existing community family planning services by encouraging local contractual arrangements.
253.07(2)(c)
(c) The department shall coordinate the delivery of family planning services by allocating women's health funds in a manner which maximizes coordination between the agencies.
253.07(2)(d)
(d) The department shall encourage maximum coordination of family planning services between county social services departments, family planning agencies and local health departments to maximize the use of health, social service and welfare resources.
253.07(2)(e)
(e) The department shall promulgate all rules necessary to implement and administer this section.
253.07(3)
(3)
Individual rights, medical privilege. 253.07(3)(a)
(a) The request of any person for family planning services or his or her refusal to accept any service shall in no way affect the right of the person to receive public assistance, public health services or any other public service. Nothing in this section may abridge the right of the individual to make decisions concerning family planning, nor may any individual be required to state his or her reason for refusing any offer of family planning services.
253.07(3)(b)
(b) Any employee of the agencies engaged in the administration of the provisions of this section may refuse to accept the duty of offering family planning services to the extent that the duty is contrary to his or her personal beliefs. A refusal may not be grounds for dismissal, suspension, demotion, or any other discrimination in employment. The directors or supervisors of the agencies shall reassign the duties of employees in order to carry out the provisions of this section.
253.07(3)(c)
(c) All information gathered by any agency, entity or person conducting programs in family planning, other than statistical information compiled without reference to the identity of any individual or other information which the individual allows to be released through his or her informed consent, shall be considered a confidential medical record.
253.07(4)
(4)
Women's health block grant services. From the appropriation under s.
20.435 (1) (f) and subject to sub.
(5), the department shall distribute the following amounts for all of the following:
253.07(4)(a)
(a) In each fiscal year, $225,000 to establish and maintain 2 city-based clinics for delivery of family planning services under this section, in the cities of Milwaukee, Racine, or Kenosha.
253.07(4)(b)
(b) In each fiscal year, $67,500 to subsidize the provision of papanicolaou tests to individuals with low income by entities that receive women's health funds. In this paragraph, “low income" means adjusted gross income that is less than 200 percent of the poverty line established under
42 USC 9902 (2).
