(1) DEFINITION. In this section, “agency” has the meaning given in s. 48.981 (1) (ag). (2) EVALUATION. If a hospital employee who provides health care, social worker, or intake worker under ch. 48 suspects that an infant has a fetal alcohol spectrum disorder, the hospital employee, social worker, or intake worker shall refer the infant to a physician for an evaluation to diagnose whether the infant has that disorder. If a physician determines that there is a serious risk that an infant has a fetal alcohol spectrum disorder, the physician shall evaluate the infant to diagnose whether the infant has that disorder. If a physician diagnoses that an infant has a fetal alcohol spectrum disorder, the physician shall report that diagnosis to the agency that is responsible for conducting child abuse and neglect investigations under s. 48.981, and that agency shall offer to provide, or arrange or refer for the provision of, services and treatment for the infant and the infant’s mother as provided under s. 46.238. (3) DIAGNOSIS. A physician who performs an evaluation under sub. (2) shall provide the infant’s parents or guardian with all of the following information: (a) An explanation concerning the evaluation that was performed, the date of that evaluation, and the diagnosis resulting from that evaluation. (b) An explanation that the results of the evaluation must be disclosed to an agency under sub. (2) if the evaluation indicates a diagnosis of a fetal alcohol spectrum disorder. (4) CONFIDENTIALITY. The results of an evaluation performed under sub. (2) may be disclosed as provided in sub. (3).
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