1. (1) A local health department or 2 or more local health departments jointly may be certified by the department as a public health dispensary under s. 252.10, Stats., if the public health dispensary provides or ensures provision of all of the following:

   1. (a) Tuberculin skin testing.
   2. (b) Medication for treatment of tuberculosis disease and infection.
   3. (c) Directly observed therapy.
   4. (d) Tuberculosis contact investigation.
   5. (e) Case management.
   6. (f) Sputum specimen collection and induction.
   7. (g) Medical evaluation by a physician or nurse.
   8. (h) Chest radiographs.
   9. (i) Collection of serologic specimens.

2. (2) A local health department that meets the requirements under sub. (1) and wishes to be certified as a public health dispensary shall submit a request for certification to the department. The request for certification shall include a list of the tuberculosis-related services provided or arranged for and a plan for tuberculosis prevention and control at the local level, including tuberculin skin testing of high-risk groups as defined by the Centers for Disease Control and Prevention.

   Note: “High-risk groups” are defined in the Centers for Disease Control and Prevention report, entitled “Updated Guidelines for Using Interferon Gamma Release Assays to Detect Mycobacterium tuberculosis Infection – United States, 2010.” The report may be found in the Morbidity and Mortality Weekly Report, June 25, 2010, vol. 59, No. RR-5, and is on file in the Legislative Reference Bureau, and is available from the Department’s Division of Public Health, P.O. Box 2659, Madison, WI 53701–2659.

3. (3) Upon authority of s. 252.10, Stats., the department shall review the request for certification as a public health dispensary and the related local health department operations within 6 months of receiving the application. The department shall either issue a written certificate signed by the state health officer or deny the application and provide a written explanation of the recommendations for improvement needed before the department reconsiders the request for certification.

4. (4)

   1. (a) The department shall review the operations of the public health dispensary at least every 5 years.

   2. (b) The department may withhold, suspend or revoke its certification if the local health department fails to comply with any of the following:

      1. 1. Applicable federal or state statutes, or federal regulations or administrative rules pertaining to medical assistance, occupational safety, public health, professional practice, medical records and confidentiality.

      2. 2. The official statement of the national tuberculosis controllers association.

         Note: The official statement of the National Tuberculosis Controllers Association entitled Tuberculosis Nursing: a Comprehensive Guide to Patient Care, 2nd edition (2011) is on file in the Legislative Reference Bureau, and is available from the National Tuberculosis Controllers Association, 2452 Spring Rd, SE, Smyrna, GA 30080-3838.

      3. 3. The official statements of the American Thoracic Society.

         Note: The official statements of the American Thoracic Society entitled “Targeted Tuberculin Testing and Treatment of Latent Tuberculosis Infection” may be found in the Morbidity and Mortality Weekly Report, June 9, 2000, Vol. 49, No. RR-6. The official statements of the American Thoracic Society entitled “Official American Thoracic Society/Centers for Disease Control and Prevention/Infectious Diseases Society of America Clinical Practice Guidelines: Treatment of Drug-Susceptible Tuberculosis” may be found in Clinical Infectious Diseases, vol. 63, 2016, pp. e147-e195. The official statements of the American Thoracic Society entitled “Diagnostic Standards and Classification of Tuberculosis in Adults and Children” may be found in American Journal of Respiratory and Critical Care Medicine, vol. 161, 2000, pp.1376-1395. These reports are on file in the Legislative Reference Bureau, and are available from the Department’s Division of Public Health, P.O. Box 2659, Madison, WI 53701-2659..

      4. 4. The directives of the state health officer made under s. 252.02 (6), Stats.
   3. (c) The department shall provide the local health department with at least 30 days notice of the department’s decision to withhold, suspend or revoke its certification.

5. (5)

   1. (a) A department action under sub. (3) or (4) is subject to administrative review under ch. 227, Stats. To request a hearing under ch. 227, Stats., the public health dispensary shall file, within 10 working days after the date of the department’s action, a written request for a hearing under s. 227.42, Stats. A request is considered filed on the date the division of hearings and appeals receives the request. A request by facsimile is complete upon transmission. If the request is filed by facsimile transmission between 5 P.M. and midnight, it shall be considered received on the following day.

      Note: A hearing request should be addressed to the Department of Administration’s Division of Hearings and Appeals, P.O. Box 7875, Madison, WI 53707. Hearing requests may be delivered in person to that office at 5005 University Avenue, Room 201, Madison, WI. Hearing requests may be faxed to 608-264-9885.

   2. (b) The division of hearings and appeals shall hold an administrative hearing under s. 227.44, Stats., within 30 calendar days after receipt of the request for the administrative hearing, unless the public health dispensary consents to an extension of that time period. The division of hearings and appeals shall issue a proposed decision to the department no later than 30 calendar days after holding the hearing, unless the department and the public health dispensary agree to a later date.
6. (6) Public health dispensaries or the department may contract with other agencies, institutions, hospitals, and persons for the necessary space, equipment, facilities and personnel to operate a public health dispensary or for provision of medical consultation.

7. (7) If a public health dispensary charges fees for its services, the dispensary shall do all the following:

   1. (a) Establish a fee schedule that is based upon the reasonable costs the public health dispensary incurs.
   2. (b) Forward a copy of the fee schedule and any subsequent changes to the department.

8. (8)

   1. (a) Public health dispensaries and branches thereof shall maintain records containing all the following:

      1. 1. The name of each person served.
      2. 2. The date of service for each person served.
      3. 3. The type of service provided to each person.
      4. 4. The amount the dispensary billed and received for providing service to each person.
   2. (b) The department may audit the records of public health dispensary and branches specified under par. (a).

History

History: Cr. Register, March, 2000, No. 531, eff. 4-1-00; CR 01-105: r. and recr. Register March 2002 No. 555, eff. 4-1-02.