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252.12(2)(a)8.c. c. Funds awarded shall be used to provide medical care and support services for individuals with HIV.
252.12(2)(a)9. 9. `Grant for family resource center.' The department shall award a grant to develop and implement an African-American family resource center in the city of Milwaukee that targets activities toward the prevention and treatment of HIV infection and related infections, including hepatitis C virus infection, of minority group members, as defined in s. 16.287 (1) (f).
252.12(2)(c) (c) HIV prevention grants.
252.12(2)(c)1.1. From the appropriation account under s. 20.435 (1) (md), the department shall award to applying nonprofit corporations or public agencies up to $75,000 in each fiscal year, on a competitive basis, as grants for services to prevent HIV. Criteria for award of the grants shall include all of the following:
252.12(2)(c)1.a. a. The scope of proposed services, including the proposed targeted population and numbers of persons proposed to be served.
252.12(2)(c)1.b. b. The proposed methodology for the prevention services, including distribution and delivery of information and appropriateness of the message provided.
252.12(2)(c)1.c. c. The qualifications of the applicant nonprofit corporation or public agency and its staff.
252.12(2)(c)1.d. d. The proposed allocation of grant funds to the nonprofit corporation or public agency staff and services.
252.12(2)(c)1.e. e. The proposed method by which the applicant would evaluate the impact of the grant funds awarded.
252.12(2)(c)2. 2. From the appropriation account under s. 20.435 (1) (am), the department shall award $75,000 in each fiscal year as grants for services to prevent HIV infection and related infections, including hepatitis C virus infection. Criteria for award of the grants shall include the criteria specified under subd. 1. The department shall award 60 percent of the funding to applying organizations that receive funding under par. (a) 8. and 40 percent of the funding to applying community-based organizations that are operated by minority group members, as defined in s. 16.287 (1) (f).
252.12(2)(c)3. 3. From the appropriation account under s. 20.435 (1) (am), the department shall award to the African American AIDS task force of the Black Health Coalition of Wisconsin, Inc., $25,000 in each fiscal year as grants for services to prevent HIV infection and related infections, including hepatitis C infection.
252.12(3) (3) Confidentiality of information. The results of any test performed under sub. (2) (a) 5. are confidential and may be disclosed only to the individual who receives a test or to other persons with the informed consent of the test subject. Information other than that released to the test subject, if released under sub. (2) (a) 5., may not identify the test subject.
252.12(4) (4) Designation of AIDS service organizations. The department shall designate AIDS service organizations and specify the geographical area of the state in which they are designated to provide services.
252.13 252.13 HIV tests.
252.13(1)(1)In this section, “autologous transfusion" means the receipt by an individual, by transfusion, of whole blood, blood plasma, a blood product or a blood derivative, which the individual has previously had withdrawn from himself or herself for his or her own use.
252.13(1m) (1m)Except as provided under sub. (3), any blood bank, blood center or plasma center in this state that purchases or receives whole blood, blood plasma, a blood product or a blood derivative shall, prior to its distribution or use and in accordance with the conditions under s. 252.15 (2m) (a), subject that blood, plasma, product or derivative to an HIV test. This subsection does not apply to a blood bank that purchases or receives whole blood, blood plasma, a blood product or a blood derivative from a blood bank, blood center or plasma center in this state if the whole blood, blood plasma, blood product or blood derivative has previously been subjected to an HIV test.
252.13(1r) (1r)For the purposes of this section, the state epidemiologist shall make separate findings of medical significance and sufficient reliability for an HIV test or a series of HIV tests for each of the following purposes:
252.13(1r)(a) (a) Subjecting whole blood, blood plasma, a blood product or a blood derivative to a test prior to distribution or use of the whole blood, blood plasma, blood product or blood derivative.
252.13(1r)(b) (b) Providing disclosure of test results to the subject of the test.
252.13(2) (2)If performance of a test under sub. (1m) yields a validated test result positive for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV, the whole blood, blood plasma, blood product or blood derivative so tested with this result may not be distributed or used except for purposes of research or as provided under sub. (5).
252.13(3) (3)If a medical emergency, including a threat to the preservation of life of a potential donee, exists under which whole blood, blood plasma, a blood product, or a blood derivative that has been subjected to HIV testing under sub. (1m) is unavailable, the requirement of sub. (1m) shall not apply.
252.13(4) (4)Subsections (1m) and (2) do not apply to the extent that federal law or regulations require that a blood bank, blood center, or plasma center administer an HIV test to whole blood, blood plasma, a blood product, or a blood derivative.
252.13(5) (5)Whole blood, blood plasma, a blood product, or a blood derivative described under sub. (2) that is voluntarily donated solely for the purpose of an autologous transfusion may be distributed to or used by the person who has donated the whole blood, blood plasma, blood product, or blood derivative. No person other than the person who has donated the whole blood, blood plasma, blood product, or blood derivative may receive or use the whole blood, blood plasma, blood product, or blood derivative unless it has been subjected to an HIV test under sub. (1m) and performance of the test has yielded a negative, validated HIV test result.
252.13 History History: 1985 a. 73; 1987 a. 70; 1989 a. 201 ss. 9, 36; 1993 a. 27 ss. 325, 473; Stats. 1993 s. 252.13; 2009 a. 209.
252.133 252.133 HIV testing for anatomical gifts.
252.133(1)(1)Except as provided in sub. (2), a health care provider, as defined in s. 252.15 (1) (ar), who procures, processes, distributes, or uses a human body part or human tissue that is the subject of an anatomical gift under s. 157.06 shall have an HIV test performed on the donor of the body part or tissue in order to assure medical acceptability of the gift for the purpose intended. The health care provider shall use an HIV test that yields a validated HIV test result. If the validated HIV test result of the donor is positive, the human body part or human tissue donated for use or proposed for donation may not be used.
252.133(2) (2)If, as determined by the attending physician of a potential donee of a human body part or human tissue, a medical emergency exists under which a human body part or human tissue that has been subjected to testing under sub. (1) is unavailable, including a threat to the preservation of the life of the potential donee, the requirement of sub. (1) does not apply.
252.133 History History: 2009 a. 209 ss. 30, 45, 46; 2013 a. 166 s. 77.
252.14 252.14 Discrimination related to acquired immunodeficiency syndrome.
252.14(1)(1)In this section:
252.14(1)(ad) (ad) “Correctional officer" has the meaning given in s. 301.28 (1).
252.14(1)(am) (am) “Fire fighter" has the meaning given in s. 102.475 (8) (b).
252.14(1)(ar) (ar) “Health care provider" means any of the following:
252.14(1)(ar)1. 1. A nurse licensed under ch. 441.
252.14(1)(ar)2. 2. A chiropractor licensed under ch. 446.
252.14(1)(ar)3. 3. A dentist licensed under ch. 447.
252.14(1)(ar)4. 4. A physician licensed under subch. II of ch. 448.
252.14(1)(ar)4c. 4c. A perfusionist licensed under subch. II of ch. 448.
252.14(1)(ar)4e. 4e. A physical therapist or physical therapist assistant who is licensed under subch. III of ch. 448 or who holds a compact privilege under subch. IX of ch. 448.
252.14(1)(ar)4g. 4g. A podiatrist licensed under subch. IV of ch. 448.
252.14(1)(ar)4m. 4m. A dietitian certified under subch. V of ch. 448.
252.14(1)(ar)4p. 4p. An occupational therapist or occupational therapy assistant licensed under subch. VII of ch. 448.
252.14(1)(ar)4q. 4q. An athletic trainer licensed under subch. VI of ch. 448.
252.14(1)(ar)5. 5. An optometrist licensed under ch. 449.
252.14(1)(ar)6. 6. A psychologist licensed under ch. 455.
252.14(1)(ar)7. 7. A social worker, marriage and family therapist, or professional counselor certified or licensed under ch. 457.
252.14(1)(ar)8. 8. A speech-language pathologist or audiologist licensed under subch. II of ch. 459 or a speech and language pathologist licensed by the department of public instruction.
252.14(1)(ar)9. 9. An employee or agent of any provider specified under subds. 1. to 8.
252.14(1)(ar)10. 10. A partnership of any provider specified under subds. 1. to 8.
252.14(1)(ar)11. 11. A corporation of any provider specified under subds. 1. to 8. that provides health care services.
252.14(1)(ar)12. 12. A cooperative health care association organized under s. 185.981 that directly provides services through salaried employees in its own facility.
252.14(1)(ar)13. 13. An emergency medical services practitioner licensed under s. 256.15 (5).
252.14(1)(ar)14. 14. A physician assistant.
252.14(1)(ar)15. 15. An emergency medical responder.
252.14(1)(c) (c) “Home health agency" has the meaning specified in s. 50.49 (1) (a).
252.14(1)(d) (d) “Inpatient health care facility" means a hospital, nursing home, community-based residential facility, county home, county mental health complex or other place licensed or approved by the department under s. 49.70, 49.71, 49.72, 50.02, 50.03, 50.35, 51.08 or 51.09 or a facility under s. 45.50, 48.62, 51.05, 51.06, 233.40, 233.41, 233.42 or 252.10.
252.14(2) (2)No health care provider, peace officer, fire fighter, correctional officer, state patrol officer, jailer or keeper of a jail or person designated with custodial authority by the jailer or keeper, home health agency, inpatient health care facility, or person who has access to a validated HIV test result may do any of the following with respect to an individual who has acquired immunodeficiency syndrome or has a positive, validated HIV test result, solely because the individual has HIV infection or an illness or medical condition that is caused by, arises from, or is related to HIV infection:
252.14(2)(a) (a) Refuse to treat the individual, if his or her condition is within the scope of licensure or certification of the health care provider, home health agency or inpatient health care facility.
252.14(2)(am) (am) If a peace officer, fire fighter, correctional officer, state patrol officer, jailer or keeper of a jail or person designated with custodial authority by the jailer or keeper, refuse to provide services to the individual.
252.14(2)(b) (b) Provide care to the individual at a standard that is lower than that provided other individuals with like medical needs.
252.14(2)(bm) (bm) If a peace officer, fire fighter, correctional officer, state patrol officer, jailer or keeper of a jail or person designated with custodial authority by the jailer or keeper, provide services to the individual at a standard that is lower than that provided other individuals with like service needs.
252.14(2)(c) (c) Isolate the individual unless medically necessary.
252.14(2)(d) (d) Subject the individual to indignity, including humiliating, degrading or abusive treatment.
252.14(2m) (2m)If a person declines to be subjected to an HIV test, a health care provider may not use the fact that the person declined an HIV test as a basis for denying services or treatment, other than an HIV test, to the person.
252.14(3) (3)A health care provider, home health agency, or inpatient health care facility that treats an individual who has an HIV infection or acquired immunodeficiency syndrome shall develop and follow procedures that shall ensure continuity of care for the individual in the event that his or her condition exceeds the scope of licensure or certification of the provider, agency, or facility.
252.14(4) (4)Any person violating sub. (2) is liable to the patient for actual damages and costs, plus exemplary damages of up to $10,000 for an intentional violation. In determining the amount of exemplary damages, a court shall consider the ability of a health care provider who is an individual to pay exemplary damages.
252.15 252.15 Restrictions on use of an HIV test.
252.15(1)(1)Definitions. In this section:
252.15(1)(ac) (ac) “Authorized representative" means any of the following:
252.15(1)(ac)1. 1. A health care agent, as defined under s. 155.01 (4), acting in accordance with a power of attorney for health care that is in effect under s. 155.05 (2).
252.15(1)(ac)2. 2. A person named by the court under ch. 48 or 54 or ch. 880, 2003 stats., having the duty and authority of guardianship.
252.15(1)(ac)3. 3. A parent or legal custodian of a person who is under 14 years of age.
252.15(1)(ac)4. 4. For a person who is unable to communicate due to a medical condition, the person's closest living relative or another individual with whom the person has a meaningful social and emotional relationship.
252.15(1)(ad) (ad) “Correctional officer" has the meaning given in s. 301.28 (1).
252.15(1)(af) (af) “Emergency medical services practitioner" has the meaning given in s. 256.01 (5).
252.15(1)(aj) (aj) “Fire fighter" has the meaning given in s. 102.475 (8) (b).
252.15(1)(am) (am) “Health care professional" means a physician or physician assistant who is licensed under ch. 448 or a registered nurse or licensed practical nurse who is licensed under ch. 441.
252.15(1)(ar) (ar) “Health care provider" means any of the following:
252.15(1)(ar)1. 1. A person or entity that is specified in s. 146.81 (1) (a) to (hm) and (i) to (p).
252.15(1)(ar)2. 2. A home health agency.
252.15(1)(ar)3. 3. An employee of the Mendota Mental Health Institute or the Winnebago Mental Health Institute.
252.15(1)(cm) (cm) “Home health agency" has the meaning given in s. 50.49 (1) (a).
252.15(1)(eg) (eg) “Relative" means a spouse, parent, grandparent, stepparent, brother, sister, first cousin, nephew or niece; or uncle or aunt within the 3rd degree of kinship as computed under s. 990.001 (16). This relationship may be by blood, marriage or adoption.
252.15(1)(em) (em) “Significant exposure" means contact that carries a potential for a transmission of HIV, by one or more of the following:
252.15(1)(em)1. 1. Transmission, into a body orifice or onto mucous membrane, of blood; semen; vaginal secretions; cerebrospinal, synovial, pleural, peritoneal, pericardial or amniotic fluid; or other body fluid that is visibly contaminated with blood.
252.15(1)(em)2. 2. Exchange, during the accidental or intentional infliction of a penetrating wound, including a needle puncture, of blood; semen; vaginal secretions; cerebrospinal, synovial, pleural, peritoneal, pericardial or amniotic fluid; or other body fluid that is visibly contaminated with blood.
252.15(1)(em)3. 3. Exchange, into an eye, an open wound, an oozing lesion, or where a significant breakdown in the epidermal barrier has occurred, of blood; semen; vaginal secretions; cerebrospinal, synovial, pleural, peritoneal, pericardial or amniotic fluid; or other body fluid that is visibly contaminated with blood.
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2017-18 Wisconsin Statutes updated through 2019 Wis. Act 186 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on November 3, 2020. Published and certified under s. 35.18. Changes effective after November 3, 2020, are designated by NOTES. (Published 11-3-20)