The data sources referenced and used to draft the rules and analyses are accurate, reliable, and objective and are discussed in the “Summary of factual data and analytical methodologies.”
Place where comments are to be submitted and deadline for submission
Comments may be submitted to the agency contact person that is listed above until the deadline given in the upcoming notice of public hearing. The notice of public hearing and deadline for submitting comments will be published in the Wisconsin Administrative Register and to the Department’s website, at https://www.dhs.wisconsin.gov/rules/permanent.htm. Comments may also be submitted through the Wisconsin Administrative Rules Website, at: https://docs.legis.wisconsin.gov/code/chr/active. RULE TEXT
SECTION 1. DHS 181.02 and DHS 181.03 (10) are amended to read:
DHS 181.02 This chapter applies to any physician, nurse, hospital administrator, director of a blood drawing site or local health officer who obtains a person’s blood sample or orders that a blood sample be taken from a Wisconsin resident for the purpose of measuring the concentration of lead in the blood and to directors of clinical laboratories and persons performing onsite blood lead testing, that analyze human blood samples to determine the concentration of lead in blood.
DHS 181.03 (10) “Lead poisoning or lead exposure” means a concentration of lead in the blood of 10 micrograms or more of lead per 100 milliliters of human blood. has the meaning given in s. 254.11 (9), Stats. SECTION 2. DHS 181.03 (11) to (13) are repealed.
SECTION 3. DHS 181.04 (2) is repealed and recreated to read:
DHS 184.04 (2) (a) When a health care provider sends a blood sample to a clinical laboratory for determination of the concentration of lead in the blood, the health care provider shall include with the blood sample all the information required under s. DHS 181.06 (1). This shall fulfill the requirement of the health care provider to report under s. 254.13 (1), Stats., unless the health care provider uses a laboratory outside the state of Wisconsin. (b) If the health care provider sends blood samples to a clinical laboratory outside of Wisconsin, the health care provider shall report the blood lead test results and the other information described in s. DHS 181.06 to the department, unless written assurance is provided by the clinical laboratory to the department that the clinical laboratory is reporting the results to the department within the time specified in s. DHS 181.05, in which case, the health care provider’s reporting requirements shall be considered fulfilled as described in par. (a). SECTION 4. DHS 181.04 (3) (a) is renumbered DHS 181.04 (3) and amended to read:
DHS 181.04 (3) Except as provided in par. (b), directors Directors of clinical laboratories and persons performing onsite blood lead testing shall report to the department the results of all blood lead tests and the other information as described in s. DHS 181.06 for each blood lead test regardless of the concentration of lead in the blood. SECTION 5. DHS 181.04 (3) (b) and (c) are repealed.
SECTION 6. DHS 181.04 (4) is repealed and recreated to read:
DHS 181.04 (4) The department shall make blood lead test results accessible to health care providers treating the person tested.
SECTION 7. DHS 181.04 (5) is amended to read:
DHS 181.04 (5) Blood sample test results shall be accessible to health care providers treating the person tested. If the blood sample results indicate lead test result indicates lead poisoning or lead exposure, the department shall transmit results of the test the test result to the local health department in the area in which the person tested resides.
SECTION 8. DHS 181.04 (6), (7) and (Note) are repealed.
SECTION 9. DHS 181.05 is repealed and recreated to read:
DHS 181.05 Timetable for reporting. (1) Blood lead concentrations of 45 micrograms or more of lead per deciliter of blood shall be reported to the department within 24 hours from the time the analysis is completed.
(Note) For patients with blood lead results of 45 micrograms lead per deciliter of blood or more, report to the department blood lead test results and other patient information by telephoning or faxing the Childhood Lead Poisoning Prevention Program at telephone (608) 266−5817 or fax (608) 267−0402.
DHS 181.05 (2) Blood lead concentrations meeting the definition of lead poisoning or lead exposure but less than 45 micrograms of lead per deciliter of blood shall be reported to the department within 48 hours from the time the analysis is completed.
DHS 181.05 (3) Blood lead concentrations that do not meet the definition of lead poisoning or lead exposure shall be reported to the department within10 days from the time the analysis is completed.
SECTION 10. DHS 181.06 (1) (c) to (f) and (h) and (i) are amended to read:
DHS 181.06 (1) (c) The patient’s gender, male or female sex.
DHS 181.06 (1) (d) The patient’s race: Z=Unknown, W=White, B=Black, A=Asian, N=Native American, O=Other.
DHS 181.06 (1) (e) The patient’s ethnicity: Z=unknown, H=Hispanic, N= Non−Hispanic.
DHS 181.06 (1) (f) The patient’s street address, apartment number, city or town, county, and zip code, and telephone number.
DHS 181.06 (1) (h) For a patient under 18 years of age, a parent’s or guardian’s area code and phone telephone number.
DHS 181.06 (1) (i) For a patient 16 years of age or older, the patient’s occupation and if the patient is employed, the employer’s name, street full address, and telephone number, street address, city or town, state and zip code if employed.
SECTION 11. DHS 181.06 (1) (j) and (k) are repealed.
SECTION 12. DHS 181.06 (1) (L) and (n) are amended to read:
DHS 181.06 (L) The month, date day and year the blood sample was collected.
DHS 181.06 (n) The name of the health care provider submitting the blood sample, the name of that person’s facility or practice, street full address, city or town, state, zip code, area code and phone telephone number.
SECTION 13. DHS 181.06 (2) is amended to read:
DHS 181.06 (2) ADDITIONAL INFORMATION TO BE PROVIDED BY LABORATORY. A clinical laboratory that determines the lead concentration in a sample of blood submitted to it for a blood lead test shall submit to the department a report on the results of the blood lead test in accordance with ss. DHS 181.05 and 181.07. That report shall include all the information in sub. (1) and, in addition, all of the following information: (a) The name of the clinical laboratory performing the analysis, and the laboratory’s street address, city or town, state, zip code, area code and phone telephone number, and clinical laboratory improvement amendments number.
(b) The month, date day and year the laboratory analysis was completed.
(c) Results of the blood lead test in micrograms of lead per 100 milliliters deciliter of blood.
SECTION 14. DHS 181.06 (3) is repealed.
SECTION 15. DHS 181.07 and (Note) are amended to read:
DHS 181.07 Form of report submitted to the department. Reporting to the department shall be by electronic means in a format acceptable to the department unless the laboratory or other person who screens health care provider that tests for lead poisoning or lead exposure does not have suitable electronic data transport capability, in which case, reports may be paper reports in a format acceptable to the department.
DHS 181.07 (Note) See Appendix A to this chapter for an acceptable format for either electronic or paper reporting of blood lead test results. To obtain more information about reporting, including obtaining an acceptable form or information about acceptable formats for reporting, write or call visit the Childhood Lead Poisoning Prevention Program, Division of Public Health website at https://www.dhs.wisconsin.gov/lead/formspubs.htm (“public health” tab); email dhsleadpoisoningprevention@wisconsin.gov; telephone (608) 266-5817; or mail request to Wisconsin Childhood Lead Poisoning Prevention Program, P.O. Box 2659, Room 145, Madison, WI 53701−2659; telephone (608) 266−5817. SECTION 16. DHS 181.08 (2) (a) is amended to read:
DHS 181.08 (2) (a) Civil. Pursuant to s. 254.30 (2) (a), Stats., any physician, nurse, hospital administrator, local health officer, director of a clinical laboratory or director of a blood drawing site who violates any provision of this chapter may be required to forfeit not less than $100 nor more than $1,000 $5000. Each day of continued violation constitutes a separate offense. SECTION 17. EFFECTIVE DATE: This rule shall take effect on the first day of the month following publication in the Wisconsin Administrative Register, as provided in § 227.22 (2) (intro.), Wis. Stats.
