Wisconsin Legislature: 209,53

209,38 Section 38. 252.15 (1) (am) of the statutes is amended to read:

252.15 (1) (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.

209,39 Section 39. 252.15 (1) (d) of the statutes is repealed.

209,40 Section 40. 252.15 (1) (e) of the statutes is repealed.

209,41 Section 41. 252.15 (1) (em) (intro.) of the statutes is amended to read:

252.15 (1) (em) (intro.) "Significantly exposed" "Significant exposure" means sustained a contact which that carries a potential for a transmission of HIV, by one or more of the following:

209,42 Section 42. 252.15 (1) (fm) of the statutes is amended to read:

252.15 (1) (fm) "Universal Standard precautions" means measures that a health care provider, an employee of a health care provider or other individual takes in accordance with recommendations of the federal centers for disease control for the health care provider, employee or other individual for prevention of HIV transmission in health-care settings.

209,43 Section 43. 252.15 (2) (title) of the statutes is repealed.

209,44 Section 44. 252.15 (2) (a) (intro.) of the statutes is repealed.

209,45 Section 45. 252.15 (2) (a) 1. of the statutes is renumbered 252.133 (1) and amended to read:

252.133 (1) Except as provided in subd. 1g. 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, without obtaining consent to the testing, have an HIV test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV 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 as a an HIV test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV a test or series of tests that the state epidemiologist finds medically significant and sufficiently reliable to detect the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV that yields a validated HIV test result. If the validated HIV test result of the donor from the test or series of tests performed is positive, the human body part or human tissue donated for use or proposed for donation may not be used.

209,46 Section 46. 252.15 (2) (a) 1g. of the statutes is renumbered 252.133 (2) and amended to read:

252.133 (2) If a medical emergency, as determined by the attending physician of a potential donee of a human body part or human tissue and including a threat to the preservation of life of the potential donee, a medical emergency exists under which a human body part or human tissue that has been subjected to testing under subd. 1. sub. (1) is unavailable, including a threat to the preservation of the the life of the potential donee, the requirement of subd. 1. sub. (1) does not apply.

209,47 Section 47. 252.15 (2) (a) 2. of the statutes is renumbered 252.15 (2m) (b) 1. and amended to read:

252.15 (2m) (b) 1. The HIV testing of any body fluid or tissue that is performed by the department, a laboratory certified under 42 USC 263a, or a health care provider, blood bank, blood center, or plasma center may, for the purpose of research and without first obtaining written consent to the testing, subject any body fluids or tissues to a test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV, if the testing is performed in a manner by which the identity of the test subject is not known and may not be retrieved by the researcher.

209,48 Section 48. 252.15 (2) (a) 3. of the statutes is renumbered 252.15 (2m) (b) 2. and amended to read:

252.15 (2m) (b) 2. The medical director HIV testing of a resident or patient of a center for the developmentally disabled, as defined in s. 51.01 (3), or a mental health institute, as defined in s. 51.01 (12), may, without obtaining consent to the testing, subject a resident or patient of the center or institute to a test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV if he or she if the medical director of the center or institute determines that the conduct of the resident or patient poses a significant risk of transmitting HIV to another resident or patient of the center or institute and if the medical director provides the resident or patient, or the resident's or patient's guardian, an explanation of the HIV test result.

209,49 Section 49. 252.15 (2) (a) 4. of the statutes is repealed.

209,50 Section 50. 252.15 (2) (a) 6. of the statutes is renumbered 252.15 (2m) (b) 3. and amended to read:

252.15 (2m) (b) 3. A HIV testing by a health care professional acting under an order of the court under subd. 7. sub. (5j) or s. 938.296 (4) or (5) or 968.38 (4) or (5) may, without first obtaining consent to the testing, subject an individual to a test or a series of tests to detect the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV. No sample used for laboratory test purposes under this subdivision may disclose the name of the HIV test subject, and, notwithstanding sub. (4) (c), the HIV test results may not be made part of the individual's permanent medical record.

209,51 Section 51. 252.15 (2) (a) 7. a. of the statutes is renumbered 252.15 (5g) (a) 1. and amended to read:

252.15 (5g) (a) 1. If all of the conditions under subd. 7. ai. to c. are met, an The person is an emergency medical technician; first responder; fire fighter; peace officer; correctional officer; person who is employed at a juvenile correctional facility, as defined in s. 938.02 (10p), or a secured residential care center for children and youth, as defined in s. 938.02 (15g); state patrol officer; jailer, keeper of a jail, or person designated with custodial authority by the jailer or keeper, and the contact occurred during the course of the person providing care or services to an the individual; .

2. The person is a peace officer, correctional officer, state patrol officer, jailer, or keeper of a jail, or person designated with custodial authority by the jailer or keeper, and the contact occurred while the person was searching or arresting an the individual or while controlling or transferring an the individual in custody;.

3. The person is a health care provider or an employee of a health care provider, and the contact occurred during the course of the person providing care or treatment to an the individual or handling or processing specimens of body fluids or tissues of an the individual;.

4. The person is a staff member of a state crime laboratory, and the contact occurred during the course of the person handling or processing specimens of body fluids or tissues of an the individual;.

5. The person is a social worker; or an employee of a school district, cooperative educational service agency, charter school, private school, the Wisconsin Educational Services Program for the Deaf and Hard of Hearing, or the Wisconsin Center for the Blind and Visually Impaired, and the contact occurred while the person was performing employment duties involving an the individual; who is significantly exposed to the individual may subject the individual's blood to a test or a series of tests for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV and may receive disclosure of the results.

209,52 Section 52. 252.15 (2) (a) 7. ai. of the statutes is renumbered 252.15 (5g) (b) and amended to read:

252.15 (5g) (b) The affected person uses universal If the contact occurs as provided under par. (a) 1. to 5., the entity that employs or contracts with the person to provide the services described under par. (a) 1. to 5. requires, as a general policy, that standard precautions, if any, against significant exposure, and was using universal precautions at the time that he or she was significantly exposed be taken during provision of the services, except in those emergency circumstances in which the time necessary for use of the universal standard precautions would endanger the life of the individual.

209,53 Section 53. 252.15 (2) (a) 7. ak. of the statutes is renumbered 252.15 (5g) (c) and amended to read:

252.15 (5g) (c) A physician, physician assistant, or advanced practice nurse prescriber, based on information provided to the physician, physician assistant, or advanced practice nurse prescriber, determines and certifies in writing that the affected person has been significantly exposed had contact that constitutes a significant exposure. The certification shall accompany the request for HIV testing and disclosure. If the affected person who is significantly exposed is a physician, physician assistant, or advanced practice nurse prescriber, he or she may not make this determination or certification. The information that is provided to a physician, physician assistant, or advanced practice nurse prescriber to document the occurrence of the contact that constitutes a significant exposure and the physician's, physician assistant's, or advanced practice nurse prescriber's certification that an affected the person has been significantly exposed, under this subd. 7. ak. had contact that constitutes a significant exposure, shall be provided on a report form that is developed by the department of commerce under s. 101.02 (19) (a) or on a report form that the department of commerce determines, under s. 101.02 (19) (b), is substantially equivalent to the report form that is developed under s. 101.02 (19) (a).

209,54 Section 54. 252.15 (2) (a) 7. am. of the statutes is renumbered 252.15 (5g) (d) and amended to read:

252.15 (5g) (d) The affected person submits to a an HIV test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV, as soon as feasible or within a time period established by the department after consulting guidelines of the centers for disease control of the federal public health service, whichever is earlier.

209,55 Section 55. 252.15 (2) (a) 7. ap. of the statutes is renumbered 252.15 (5g) (e) and amended to read:

252.15 (5g) (e) Except as provided in subd. 7. av. to c. sub. (5j), the HIV test is performed on blood of the individual that is drawn for a purpose other than HIV testing for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV.

209,56 Section 56. 252.15 (2) (a) 7. ar. of the statutes is renumbered 252.15 (5g) (f) and amended to read:

252.15 (5g) (f) The individual, if capable of consenting, has been given an opportunity to be tested with his or her consent subjected to an HIV test in accordance with the conditions under sub. (2m) (a) and has not consented declined.

209,57 Section 57. 252.15 (2) (a) 7. at. of the statutes is renumbered 252.15 (5g) (g) (intro.) and amended to read:

252.15 (5g) (g) (intro.) The individual has been informed that of all of the following:

1. That an HIV test may be performed on his or her blood may be tested for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV; that.

2. That the HIV test results may be disclosed to no one, including that individual, without his or her consent, except to the person who is certified to have been significantly exposed; that, and the person's physician, physician assistant, or nurse.

4. That, if the person knows the identity of the individual, he or she the person may not disclose the identity to any other person except for the purpose of having the HIV test or series of tests performed ; and that.

5. That a record may be kept of the HIV test results only if the record does not reveal the individual's identity.

209,58 Section 58. 252.15 (2) (a) 7. av. of the statutes is renumbered 252.15 (5j) (a) and amended to read:

252.15 (5j) (a) If blood that is specified in subd. 7. ap. is unavailable, the person who is certified under subd. 7. ak. to have been significantly exposed A person who may cause an individual to be subjected to HIV testing under sub. (5g) may request the district attorney to apply to the circuit court for his or her county to order the individual to submit to a an HIV test or a series of tests for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV and to disclose the results to that person if no blood of the individual that was drawn for a purpose other than HIV testing is available for HIV testing. The A person who is certified under subd. 7. ak. to have been significantly exposed making a request to a district attorney under this paragraph shall accompany the request with provide the district attorney the certification under subd. 7. ak sub. (5g) (c).

209,59 Section 59. 252.15 (2) (a) 7. b. of the statutes is renumbered 252.15 (5j) (b) and amended to read:

252.15 (5j) (b) Upon receipt of a request and certification under the requirements of this subdivision par. (a), a district attorney shall, as soon as possible so as to enable the court to provide timely notice, apply to the circuit court for his or her county to order the individual to submit to a an HIV test or a series of tests as specified in subd. 7. a., administered by a health care professional, and to disclose the results of the test or tests as specified in subd. 7. c.

209,60 Section 60. 252.15 (2) (a) 7. c. of the statutes is renumbered 252.15 (5j) (c) and amended to read:

252.15 (5j) (c) The court shall set a time for a hearing on the matter under subd. 7. a. this subsection within 20 days after receipt of a request under subd. 7. b par. (b). The court shall give the district attorney and the individual from whom a an HIV test is sought notice of the hearing at least 72 hours prior to the hearing. The individual may have counsel at the hearing, and counsel may examine and cross-examine witnesses. If the court finds probable cause to believe that the person who requested a court order for testing has had contact with body fluid of the individual has significantly exposed the affected person that constitutes a significant exposure, the court shall, except as provided in subd. 7. d. par. (d), order the individual to submit to a an HIV test or a series of tests for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV. The court shall require the health care professional who performs the test or series of tests to refrain from disclosing the test results to the individual and to disclose the test results to the affected person and his or her health care professional. No sample used for laboratory test purposes under this subd. 7. c. paragraph may disclose the name of the HIV test subject.

209,61 Section 61. 252.15 (2) (a) 7. d. of the statutes is renumbered 252.15 (5j) (d) and amended to read:

252.15 (5j) (d) The court is not required to order the an individual to submit to a an HIV test under subd. 7. c. par. (c) if the court finds substantial reason relating to the life or health of the individual not to do so and states the reason on the record.

209,62 Section 62. 252.15 (2) (a) 7m. of the statutes is renumbered 252.15 (3m) (f) and amended to read:

252.15 (3m) (f) The test results of an HIV test of an individual that is performed under subd. 7. sub. (5g) or (5j) may be disclosed only to the individual, if he or she so consents, to anyone the following:

2. Anyone authorized by the individual and to the affected subject of the test.

3. The person who was certified to have been significantly exposed. A record may be retained of the test results only if the record does not reveal the individual's identity. If the affected person knows the identity of the individual whose blood was tested, he or she may not disclose the identity to any other person except for the purpose of having the test or series of tests performed had contact that constitutes a significant exposure and to that person's physician, physician assistant, or nurse.

209,63 Section 63. 252.15 (2) (am) of the statutes is repealed.

209,64 Section 64. 252.15 (2) (b) of the statutes is repealed.

209,65 Section 65. 252.15 (2) (bm) of the statutes is repealed.

209,66 Section 66. 252.15 (2m) (title) of the statutes is created to read:

252.15 (2m) (title) Consent for HIV testing.

209,67 Section 67. 252.15 (2m) (a) of the statutes is created to read:

252.15 (2m) (a) Except as provided in par. (b), and subject to par. (c), a health care provider, blood bank, blood center, or plasma center may not subject a person to an HIV test unless all of the following conditions are satisfied:

1. The health care provider, blood bank, blood center, or plasma center notifies the person or the person's authorized representative that the person will be subjected to an HIV test unless the person or the person's authorized representative declines the test.

2. The health care provider, blood bank, blood center, or plasma center offers the person or the person's authorized representative a brief oral or written explanation or description of HIV infection; HIV test results; requirements under subs. (7) (b) and (7m) for reporting HIV test results; treatment options for a person who has a positive HIV test result; and services provided by AIDS service organizations, as defined in s. 252.12 (1) (b), and other community-based organizations for persons who have a positive HIV test result.

3. If a health care provider offers to perform an HIV test, the health care provider notifies the person or the person's authorized representative that the person or the person's authorized representative may decline the HIV test and that, if the person or the person's authorized representative declines the HIV test, the 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.

4. The health care provider, blood bank, blood center, or plasma center provides the person or the person's authorized representative an opportunity to ask questions and to decline the HIV test.

5. After complying with applicable conditions under subds. 1. to 4., the health care provider, blood bank, blood center, or plasma center verifies that the person or or the person's authorized representative understands that an HIV test will be performed on the person and that the decision of the person or the person's authorized representative regarding whether to have an HIV test performed is not coerced or involuntary.

209,68 Section 68. 252.15 (2m) (b) (intro.) of the statutes is created to read:

252.15 (2m) (b) Paragraph (a) does not apply to any of the following:

209,69 Section 69. 252.15 (2m) (b) 4. of the statutes is created to read:

252.15 (2m) (b) 4. HIV testing in cases of significant exposure, as provided under sub. (5g) or (5j).

209,70 Section 70. 252.15 (2m) (b) 5. of the statutes is created to read:

252.15 (2m) (b) 5. HIV testing of a donor of a human body part or human tissue that is required under s. 252.133.

209,71 Section 71. 252.15 (2m) (c) of the statutes is created to read:

252.15 (2m) (c) If the subject of an HIV test is a minor who is 14 years of age or older, a health care provider, blood bank, blood center, or plasma center shall provide the notifications and offer the information under par. (a) 1. to 4. to the minor or his or her authorized representative, and only the minor or his or authorized representative may consent to or decline an HIV test under par. (a).

209,72 Section 72. 252.15 (2r) of the statutes is created to read:

252.15 (2r) Prohibition against conditioning HIV testing on disclosure. A health care provider may not require a person to authorize disclosure of HIV test results as a condition of administering an HIV test to the person.

209,73 Section 73. 252.15 (3) of the statutes is repealed.

209,74 Section 74. 252.15 (3m) (b) 1. to 7. of the statutes are created to read:

252.15 (3m) (b) 1. The name of the subject of the HIV test.

2. Specification of the information that may be disclosed.

3. The name of the person authorized to make the disclosure.

4. The name of the person to whom the disclosure is authorized.

5. The signature of the subject of the HIV test or the signature of the subject's authorized representative.

6. The date the authorization is signed as provided under subd. 5.

7. The time period during which the authorization for disclosure is effective.

209,75 Section 75. 252.15 (3m) (c) of the statutes is created to read:

252.15 (3m) (c) If the subject of an HIV test is a minor who is 14 years of age or older, only the minor or his or her authorized representative may exercise the test subject's authority to disclose HIV test results under par. (a) or to authorize disclosure of HIV test results under par. (b).

209,76 Section 76. 252.15 (3m) (d) (intro.) of the statutes is created to read: