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:
252.15 (3m) (d) (intro.) Except as provided under par. (f), a person who is neither the subject of an HIV test nor the subject's authorized representative may without written authorization from the test subject or authorized representative under par. (b) disclose the subject's HIV test results to the following persons under the following circumstances:
209,77
Section
77. 252.15 (3m) (e) of the statutes is created to read:
252.15 (3m) (e) The health care professional who performs an HIV test under sub. (5g) or (5j) on behalf of a person who has contact with body fluids of the test subject that constitutes as significant exposure shall disclose the HIV test results to the person and the person's physician, physician assistant, or nurse.
209,78
Section
78. 252.15 (3m) (f) 1. of the statutes is created to read:
252.15 (3m) (f) 1. The subject of the test.
209,79
Section
79. 252.15 (3m) (g) of the statutes is created to read:
252.15 (3m) (g) A person who was certified to have had contact with body fluid of an individual that constitutes a significant exposure and has the individual's blood subjected to an HIV test under sub. (5g) or (5j) may not disclose the identity of the test subject to any other person except for the purpose of having the HIV test performed.
209,80
Section
80. 252.15 (4) (intro.) of the statutes is amended to read:
252.15 (4) Record maintenance. (intro.) A health care provider, blood bank, blood center, or plasma center that obtains from a person a specimen of body fluids or tissues from a person for the purpose of testing for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to an HIV test, or offers to subject a person to an HIV test, shall maintain in the person's health care record all of the following:
209,81
Section
81. 252.15 (4) (a) of the statutes is repealed.
209,82
Section
82. 252.15 (4) (b) of the statutes is repealed and recreated to read:
252.15 (4) (b) A record of whether the person or his or her authorized representative consented to or declined the HIV test under sub. (2m) (a).
209,83
Section
83. 252.15 (4) (bm) of the statutes is created to read:
252.15 (4) (bm) A record of any authorization for disclosure of HIV test results that the person or his or her authorized representative has made as provided under sub. (3m) (b).
209,84
Section
84. 252.15 (4) (c) of the statutes is amended to read:
252.15 (4) (c) Maintain a A record of the test results obtained. A record that is made under the circumstances described in sub. (2) (a) 7m. may not reveal the identity of the test subject of an HIV test administered to the person, except that results of an HIV test administered under sub. (5g) or (5j) or s. 938.296 (4) or (5) or 968.38 (4) or (5) that include the identity of the test subject may not be maintained without the consent of the test subject.
209,85
Section
85. 252.15 (5) (title) of the statutes is renumbered 252.15 (3m) (title) and amended to read:
252.15 (3m) (title) Confidentiality
and disclosure of HIV test results.
209,86
Section
86. 252.15 (5) (a) (intro.) of the statutes is renumbered 252.15 (3m) (a) and amended to read:
252.15 (3m) (a) An individual who is the The subject of a an HIV test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV or the individual's health care agent, if the individual has executed a power of attorney for health care instrument under ch. 155 and has been found to be incapacitated under s. 155.05 (2), subject's authorized representative may disclose the results of the individual's subject's test to anyone. A
(b) Except as provided under par. (d) or (e), a person who is neither the individual subject of the HIV test nor the individual's health care agent subject's authorized representative may not, unless he or she is specifically authorized by the individual to do so, disclose the individual's subject's HIV test results except to the following persons or under unless the subject of the HIV test or his or her authorized representative has signed authorization for the disclosure that contains all of the following circumstances:
209,87
Section
87. 252.15 (5) (a) 1. of the statutes is renumbered 252.15 (3m) (d) 1. and amended to read:
252.15 (3m) (d) 1. To the subject of the HIV test and, if the test subject has executed a power of attorney for health care instrument under ch. 155 and has been found to be incapacitated under s. 155.05 (2), the health care agent subject's authorized representative.
209,88
Section
88. 252.15 (5) (a) 2. of the statutes is renumbered 252.15 (3m) (d) 2. and amended to read:
252.15 (3m) (d) 2. To a health care provider who provides care to the test subject of the HIV test, including those instances in which a health care provider provides emergency care to the subject.
209,89
Section
89. 252.15 (5) (a) 3. of the statutes is renumbered 252.15 (3m) (d) 3.
