DHS 145.06(2)(d)2. 2. A diagnosis as having significantly below average intellectual functioning.

DHS 145.06(2)(d)3. 3. An organic disorder of the brain or a psychiatric disorder of thought, mood, perception, orientation or memory.

DHS 145.06(2)(d)4. 4. Being a minor, or having a guardian appointed under ch. 54, Stats., following documentation by a court that the person is incompetent.

DHS 145.06(2)(e) (e) Misrepresentation by the person of substantial facts regarding the person’s medical history or behavior, which can be demonstrated epidemiologically to increase the threat of transmission of disease.

DHS 145.06(2)(f) (f) Any other willful act or pattern of acts or omission or course of conduct by the person which can be demonstrated epidemiologically to increase the threat of transmission of disease to others.

DHS 145.06(3) (3) Persons whose suspected condition poses a threat to others. A person may be suspected of harboring a contagious medical condition which poses a threat to others if that person exhibits any of the factors noted in sub. (2) and, in addition, demonstrates any of the following without medical evidence which refutes it:

DHS 145.06(3)(a) (a) Has been linked epidemiologically to exposure to a known case of communicable disease.

DHS 145.06(3)(b) (b) Has clinical laboratory findings indicative of a communicable disease.

DHS 145.06(3)(c) (c) Exhibits symptoms that are medically consistent with the presence of a communicable disease.

DHS 145.06(4) (4) Authority to control communicable diseases. When it comes to the attention of an official empowered under s. 250.02 (1), 250.04 (1) or 252.02 (4) and (6), Stats., or under s. 252.03 (1) and (2), Stats., that a person is known to have or is suspected of having a contagious medical condition which poses a threat to others, the official may direct that person to comply with any of the following, singly or in combination, as appropriate:

DHS 145.06(4)(a) (a) Participate in a designated program of education or counseling.

DHS 145.06(4)(b) (b) Participate in a defined program of treatment for the known or suspected condition.

DHS 145.06(4)(c) (c) Undergo examination and tests necessary to identify a disease, monitor its status or evaluate the effects of treatment on it.

DHS 145.06(4)(d) (d) Notify or appear before designated health officials for verification of status, testing or direct observation of treatment.

DHS 145.06(4)(e) (e) Cease and desist in conduct or employment which constitutes a threat to others.

DHS 145.06(4)(f) (f) Reside part-time or full-time in an isolated or segregated setting which decreases the danger of transmission of the communicable disease.

DHS 145.06(4)(g) (g) Be placed in an appropriate institutional treatment facility until the person has become noninfectious.

DHS 145.06(5) (5) Failure to comply with directive. When a person fails to comply with a directive under sub. (4), the official who issued the directive may petition a court of record to order the person to comply. In petitioning a court under this subsection, the petitioner shall ensure all of the following:

DHS 145.06(5)(a) (a) That the petition is supported by clear and convincing evidence of the allegation.

DHS 145.06(5)(b) (b) That the respondent has been given the directive in writing, including the evidence that supports the allegation, and has been afforded the opportunity to seek counsel.

DHS 145.06(5)(c) (c) That the remedy proposed is the least restrictive on the respondent which would serve to correct the situation and to protect the public’s health.

DHS 145.06(6) (6) Hazards to health. Officials empowered under ss. 250.02 (1), 250.04 (1) and 252.02 (4) and (6), Stats., or under s. 252.03 (1) and (2), Stats., may direct persons who own or supervise real or physical property or animals and their environs, which present a threat of transmission of any communicable disease under sub. (1), to do what is reasonable and necessary to abate the threat of transmission. Persons failing or refusing to comply with a directive shall come under the provisions of sub. (5) and this subsection.

DHS 145.06 History History: Cr. Register, March, 2000, No. 531, eff. 4-1-00; correction in (2) (d) 4. made under s. 13.92 (4) (b) 7., Stats., Register February 2008 No. 626.

DHS 145.07 DHS 145.07 Special disease control measures.

DHS 145.07(1) (1) Schools and day care centers. Any teacher, principal, director or nurse serving a school or day care center may send home, for the purpose of diagnosis and treatment, any pupil suspected of having a communicable disease or of having any other disease or condition having the potential to affect the health of other students and staff including but not limited to pediculosis and scabies. The teacher, principal, director or nurse authorizing the action shall ensure that the parent, guardian or other person legally responsible for the child or other adult with whom the child resides and the nurse serving the child’s school or day care center are immediately informed of the action. A teacher who sends a pupil home shall also notify the principal or director of the action.

DHS 145.07(2) (2) Personal care. Home health agency personnel providing personal care in the home and persons providing personal care in health care facilities, day care centers and other comparable facilities shall refrain from providing care while they are able to transmit a communicable disease through the provision of that care, in accord with the methods of communicable disease control contained in official guidance of the Centers for Disease Control and Prevention, unless specified otherwise by the state epidemiologist.

DHS 145.07 Note Note: The official guidance of the Centers for Disease Control and Prevention entitled, “Guideline for Infection Control in Health Care Personnel, 1998,” is on file in the Department’s Division of Public Health and the Legislative Reference Bureau, and may be found in the American Journal of Infection Control, vol. 26, 1998, pp. 289-354.

DHS 145.07(3) (3) Food handlers. Food handlers shall refrain from handling food while they have a disease in a form that is communicable by food handling, in accord with the methods of communicable disease control contained in the official report of the American Public Health Association, unless specified otherwise by the state epidemiologist.

DHS 145.07 Note Note: The official report of the American Public Health Association entitled Control of Communicable Disease Manual, 20th edition (2015), edited by David L. Heymann, is on file in the Department’s Division of Public Health and the Legislative Reference Bureau, and is available for purchase from the American Public Health Association, Publication Sales, PO Box 933019, Atlanta, GA 31193-3019.