253.12 Birth defect prevention and surveillance system.

689 words·~3 min read·/wi/chapter-253/253-12

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Definitions. In this section:

(a)“Birth defect” means any of the following conditions affecting an infant or child that occurs prior to or at birth and that requires medical or surgical intervention or interferes with normal growth and development:

1. A structural deformation, disruption or dysplasia.

2. A genetic, inherited or biochemical disease.

(b)“Pediatric specialty clinic” means a clinic the primary purpose of which is to provide pediatric specialty diagnostic, counseling and medical management services to persons with birth defects by a physician subspecialist.

(c)“Infant or child” means a human being from birth to the age of 2 years.

(d)“Physician” has the meaning given in s. 448.01

(5).

(2)Reporting.

(a)Except as provided in par.

(b), all of the following shall report in the manner prescribed by the department under sub.

(a)3. a birth defect in an infant or child that is specified under sub.

(a)2. or

(d):

1. A pediatric specialty clinic in which the birth defect is diagnosed in an infant or child or treatment for the birth defect is provided to the infant or child.

2. A physician who diagnoses the birth defect or provides treatment to the infant or child for the birth defect.

(am)Any hospital in which a birth defect is diagnosed in an infant or child or treatment is provided to the infant or child may report the birth defect in the manner prescribed by the department under sub.

(a)3.

(b)No person specified under par.

(a)need report under par.

(a)if that person knows that another person specified under par.

(a)or

(am)has already reported to the department the required information with respect to the same birth defect of the same infant or child.

(c)If the department determines that there is a discrepancy in any data reported under this subsection, the department may request a physician, hospital or pediatric specialty clinic to provide to the department information contained in the medical records of patients who have a confirmed or suspected birth defect diagnosis. The physician, hospital or pediatric specialty clinic shall provide that information within 10 working days after the department requests it.

(d)The department may not require a person specified under par.

(a)1. or 2. to report the name of an infant or child for whom a report is made under par.

(a)if the parent or guardian of the infant or child states in writing that he or she refuses to release the name or address of the infant or child.

(e)If the address of an infant or child for whom a report is made under par.

(a)is included in the report, the department shall encode the address to refer to the same geographical location.

(3)Department duties and powers.

(a)The department shall do all of the following:

1. Establish and maintain an up-to-date registry that documents the diagnosis in this state of any infant or child who has a birth defect, regardless of the residence of the infant or child. The department shall include in the registry information that will facilitate all of the following:

a. Identification of risk factors for birth defects.

b. Investigation of the incidence, prevalence and trends of birth defects using epidemiological surveys.

c. Development of primary preventive strategies to decrease the occurrence of birth defects without increasing abortions.

d. Referrals for early intervention or other appropriate services.

2. Specify by rule any birth defects the department determines the existence of which requires a report under sub.

(2)to be submitted to the department and that the council under sub.

(4)does not unanimously decide should be reported.

3. Specify by rule the content, format and procedures for submitting a report under sub.

(2).

3m. Require persons specified under sub.

(a)that are required to report to notify a parent or guardian of the infant or child who is diagnosed with a birth defect of the option to refuse to release the name and address of the infant or child to the registry.