Header:
WISCONSIN ADMINISTRATIVE CODE
DEPARTMENT OF HEALTH SERVICES
CHAPTER DHS 145. CONTROL OF COMMUNICABLE DISEASES
SUBCHAPTER I -- GENERAL PROVISIONS
Date:
08/31/2009
Document:
DHS 145.06 General statement of powers for control of communicable disease.
(1) APPLICABILITY. The general powers under this section apply to all communicable diseases listed in Appendix A of this chapter and any other infectious disease which the chief medical officer deems poses a threat to the citizens of the state.
(2) PERSONS WHOSE SUBSTANTIATED CONDITION POSES A THREAT TO OTHERS. A person may be considered to have a contagious medical condition which poses a threat to others if that person has been medically diagnosed as having any communicable disease and exhibits any of the following:
(a) A behavior which has been demonstrated epidemiologically to transmit the disease to others or which evidences a careless disregard for the transmission of the disease to others.
(b) Past behavior that evidences a substantial likelihood that the person will transmit the disease to others or statements of the person that are credible indicators of the person's intent to transmit the disease to others.
(c) Refusal to complete a medically directed regimen of examination and treatment necessary to render the disease noncontagious.
(d) A demonstrated inability to complete a medically directed regimen of examination and treatment necessary to render the disease noncontagious, as evidenced by any of the following:
1. A diminished capacity by reason of use of mood-altering chemicals, including alcohol.
2. A diagnosis as having significantly below average intellectual functioning.
3. An organic disorder of the brain or a psychiatric disorder of thought, mood, perception, orientation or memory.
4. Being a minor, or having a guardian appointed under ch. 54, Stats., following documentation by a court that the person is incompetent.
(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.
(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.
(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:
(a) Has been linked epidemiologically to exposure to a known case of communicable disease.
(b) Has clinical laboratory findings indicative of a communicable disease.
(c) Exhibits symptoms that are medically consistent with the presence of a communicable disease.
(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:
(a) Participate in a designated program of education or coun-seling.
(b) Participate in a defined program of treatment for the known or suspected condition.
(c) Undergo examination and tests necessary to identify a disease, monitor its status or evaluate the effects of treatment on it.
(d) Notify or appear before designated health officials for verification of status, testing or direct observation of treatment.
(e) Cease and desist in conduct or employment which constitutes a threat to others.
(f) Reside part-time or full-time in an isolated or segregated setting which decreases the danger of transmission of the communicable disease.
(g) Be placed in an appropriate institutional treatment facility until the person has become noninfectious.
(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:
(a) That the petition is supported by clear and convincing evidence of the allegation.
(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.
(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.
(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.
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