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LRB-2272/1
TJD:klm
2017 - 2018 LEGISLATURE
June 2, 2017 - Introduced by Representatives Rodriguez, C. Taylor, Ballweg, R.
Brooks
, Felzkowski, Genrich, Kulp, Quinn, Ripp, Steffen and Tusler,
cosponsored by Senators Darling, Johnson, Olsen, Wanggaard and Cowles.
Referred to Committee on Health.
AB371,1,4 1An Act to repeal 253.12 (3) (c); to amend 253.12 (2) (a) (intro.), 253.12 (2) (d),
2253.12 (3) (a) 2. and 253.12 (4) (a); and to create 253.12 (3) (d) and 253.12 (5)
3(a) 5. of the statutes; relating to: various changes to birth defect prevention
4and surveillance system.
Analysis by the Legislative Reference Bureau
This bill makes various changes to the birth defect prevention and surveillance
system. Under current law, with consent of a parent or guardian of an infant or child
who has been diagnosed with or is suspected of having a birth defect, a physician or
pediatric specialty clinic is required to report the diagnosis or suspicion of birth
defect to the Department of Health Services if the birth defect is on a list promulgated
by rule. A hospital is allowed, with parent or guardian consent, to report the
diagnosis or suspicion of birth defect to DHS. The bill, instead of requiring
affirmative consent for birth defect reporting, allows the parent or guardian to state
in writing that he or she refuses to release the name or address of the child.
Under current law, DHS is required to promulgate rules to specify which birth
defects are required to be reported. This bill requires the DHS secretary to maintain
a list of birth defects that the Council on Birth Defect Prevention and Surveillance
has unanimously decided should be required to be reported. The bill requires that
DHS specify by rule any birth defects that it determines are required to be reported
and that the council has not unanimously decided to to require to be reported.
Under current law, information in reports to the birth defect prevention and
surveillance system that identifies the subject of the report is confidential except

under certain conditions, such as releasing the information to the parent or guardian
of the infant or child for whom the report is made or to a local health officer or other
coordinator of a special needs program to render and coordinate services. This bill
allows release of information identifying the subject of the report to the state
registrar, vital records system, and other data systems of the state or a federal agency
for the purposes of determining whether multiple reports are made for the same
infant or child, matching information with vital records and other registries, and
making referrals to intervention and treatment.
The bill eliminates a provision in the administrative code for DHS that requires
DHS to delete the name of the child from the report within 10 years of the date of
receipt of the report by the birth defects prevention and surveillance system. The bill
also conforms the administrative code for DHS to the statutory changes in the bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB371,1 1Section 1. 253.12 (2) (a) (intro.) of the statutes is amended to read:
AB371,2,42 253.12 (2) (a) (intro.) Except as provided in par. (b), all of the following shall
3report in the manner prescribed by the department under sub. (3) (a) 3. a birth defect
4in an infant or child that is specified under sub. (3) (a) 2. or (d):
AB371,2 5Section 2. 253.12 (2) (d) of the statutes is amended to read:
AB371,2,106 253.12 (2) (d) The department may not require a person specified under par.
7(a) 1. or 2. to report the name of an infant or child for whom a report is made under
8par. (a) if the parent or guardian of the infant or child refuses to consent states in
9writing that he or she refuses to the release of the name or address of the infant or
10child.
AB371,3 11Section 3. 253.12 (3) (a) 2. of the statutes is amended to read:
AB371,2,1512 253.12 (3) (a) 2. Specify by rule the any birth defects the department
13determines
the existence of which requires a report under sub. (2) to be submitted
14to the department and that the council under sub. (4) does not unanimously decide
15should be reported
.
AB371,4
1Section 4. 253.12 (3) (c) of the statutes is repealed.
AB371,5 2Section 5. 253.12 (3) (d) of the statutes is created to read:
AB371,3,63 253.12 (3) (d) The secretary, after reviewing recommendations of the council
4under sub. (4), shall maintain a list of specific birth defects the existence of which
5requires a report under sub. (2) to be submitted to the department and that the
6council unanimously decides are required to be reported.
AB371,6 7Section 6. 253.12 (4) (a) of the statutes is amended to read:
AB371,3,178 253.12 (4) (a) Make recommendations to the department regarding the
9establishment of a registry that documents the diagnosis in the state of an infant or
10child who has a birth defect, as required under sub. (3) (a) 1. and regarding, the
11specific birth defects for which a report is required under sub. (2) on which the council
12unanimously decides,
the rules that the department is required to promulgate under
13sub. (3) (a) 2. and 3. on the birth defects to be reported under sub. (2), and on the
14general content and format of the report under sub. (2) and procedures for submitting
15the report. The council shall also make recommendations regarding the content of
16a report that, because of the application of sub. (2) (d), does not contain the name of
17the subject of the report.
AB371,7 18Section 7. 253.12 (5) (a) 5. of the statutes is created to read:
AB371,3,2319 253.12 (5) (a) 5. The state registrar, the vital records system, and other data
20systems maintained by the department or another state or federal agency for
21purposes including determining whether multiple reports are made for an infant or
22child, matching reported information on infants or children with vital records and
23other registries, and making referrals to intervention and treatment.
AB371,8 24Section 8. DHS 116.04 (2) (d) of the administrative code is amended to read:
AB371,4,4
1DHS 116.04 (2) (d) The department may not require a reporter under par. (a),
2(b) or (c) to provide the name of a child to the department if the child's parent or
3guardian does not consent states in writing that he or she refuses to the release of
4the name or address of the child to the department.
AB371,9 5Section 9. DHS 116.05 (2) (a) (intro.) of the administrative code is amended
6to read:
AB371,4,8 7DHS 116.05 (2) (a) (intro.) The department may release child-identifiable data
8only to persons specified in s. 253.12, stats., and to the following persons:
AB371,10 9Section 10. DHS 116.05 (4) of the administrative code is repealed.
AB371,4,1010 (End)
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