The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB659, s. 1 1Section 1. 157.06 (1) (am) of the statutes is created to read:
AB659,2,72 157.06 (1) (am) "Cosmetic surgery" means surgery that is performed to alter
3or reshape a normal structure of the body in order to improve appearance. "Cosmetic
4surgery" does not include reconstructive surgery that is performed to correct or
5repair an abnormal structure of the body that is caused by congenital defect,
6developmental abnormality, trauma, infection, tumor, or disease for the purpose of
7improving function or, to the extent possible, creating a normal appearance.
AB659, s. 2 8Section 2. 157.06 (1) (c) of the statutes is amended to read:
AB659,3,4
1157.06 (1) (c) "Document of gift" means a card, a statement attached to or
2imprinted on a license under s. 343.175 (2) or on an identification card under s.
3343.50 (3), a will, or another writing, including a writing under sub. (3) (c) 2., that
4is
used to make an anatomical gift.
AB659, s. 3 5Section 3. 157.06 (1) (eg) of the statutes is created to read:
AB659,3,76 157.06 (1) (eg) "For-profit corporation" means any corporation that is not
7exempt from taxation under section 501 (c) (3) of the Internal Revenue Code.
AB659, s. 4 8Section 4. 157.06 (1) (er) of the statutes is created to read:
AB659,3,99 157.06 (1) (er) "Health care provider" has the meaning given in s. 146.81 (1).
AB659, s. 5 10Section 5. 157.06 (1) (km) of the statutes is created to read:
AB659,3,1211 157.06 (1) (km) "Tissue bank" means a corporation that recovers, processes, or
12distributes tissue for transplantation into humans.
AB659, s. 6 13Section 6. 157.06 (3) (c) 1. of the statutes is amended to read:
AB659,3,1514 157.06 (3) (c) 1. Executing Subject to sub. (6m), if applicable, executing a
15document of gift that is signed by the individual.
AB659, s. 7 16Section 7. 157.06 (3) (c) 2. of the statutes is amended to read:
AB659,3,2017 157.06 (3) (c) 2. Making Subject to sub. (6m), if applicable, making a document
18of gift by means of a
telegraphic, recorded telephonic or other recorded message, or
19other form of communication to another that is reduced to writing and signed by the
20recipient at the time it is received.
AB659, s. 8 21Section 8. 157.06 (4) (am) 2. of the statutes is amended to read:
AB659,3,2522 157.06 (4) (am) 2. The official has made a reasonable effort, taking into account
23the useful life of the part of the body, to locate and examine the decedent's medical
24records and, subject to sub. (6m), inform individuals listed in sub. (3) (a) of their
25option to make, or object to making, an anatomical gift.
AB659, s. 9
1Section 9. 157.06 (5) (b) 1. of the statutes is amended to read:
AB659,4,142 157.06 (5) (b) 1. If at or near the time of death of a patient there is no medical
3record or evidence obtained under par. (c) that the patient has made, revoked or
4refused to make an anatomical gift, the hospital administrator or a representative
5designated by the administrator shall discuss with an available individual, under
6the priority established in sub. (3) (a), the option to make or refuse to make an
7anatomical gift and request, subject to sub. (6m), that the individual make an
8anatomical gift of all or a part of the decedent's body. Alternatively, the administrator
9shall contact by telephone the organ procurement organization designated for the
10region of which the hospital is a part. If the administrator or representative contacts
11the organ procurement organization, he or she shall provide the organ procurement
12organization with the identifier number of the patient, the patient's age, the actual
13or potential cause of the patient's death and, if available, the patient's medical
14history.
AB659, s. 10 15Section 10. 157.06 (5) (b) 2. of the statutes is amended to read:
AB659,5,316 157.06 (5) (b) 2. If the organ procurement organization is contacted under subd.
171., the organ procurement organization shall, in consultation with the attending
18physician of the patient under subd. 1., determine if an anatomical gift is suitable,
19based upon accepted medical standards, for a purpose specified in sub. (6) (a). If the
20organ procurement organization and the patient's attending physician determine
21that an anatomical gift is not so suitable, hospital personnel shall make a notation
22to this effect in the patient's medical record. If the organ procurement organization
23and the patient's attending physician determine that an anatomical gift is so
24suitable, an organ procurement organization representative or a requester
25designated by the organ procurement organization shall discuss with an available

1individual, under the priority established in sub. (3) (a), the option to make or refuse
2to make an anatomical gift and request, subject to sub. (6m), that the individual
3make an anatomical gift of all or a part of the decedent's body.
AB659, s. 11 4Section 11. 157.06 (6m) of the statutes is created to read:
AB659,5,95 157.06 (6m) Consent for certain uses of tissue; requirements. (a) A hospital,
6organ procurement organization, tissue bank, coroner, or medical examiner that
7provides a document of gift to a potential donor or to an individual under sub. (3) (a)
8shall include in the document of gift specific requests for consent and opportunities
9for refusal by the donor or individual for all of the following:
AB659,5,1110 1. The recovery, processing, or distribution of donated skin, for purposes of
11cosmetic surgery.
AB659,5,1312 2. The recovery, processing, or distribution of donated tissue, for applications
13outside the United States.
AB659,5,1614 3. The recovery, processing, or distribution of donated tissue by a for-profit
15corporation before final use is made of the tissue for a patient or for purposes of
16research.
AB659,5,2217 (b) The document of gift under par. (a) shall include, adjacent to each of the
18requests for consent under par. (a) 1., 2., and 3., a space for the donor's or individual's
19consent or refusal and a line or space for the donor's or individual's initials or
20signature. Failure of the donor or individual to initial or sign a request for consent
21or a refusal for an activity under par. (a) 1., 2., or 3. is a refusal to make an anatomical
22gift for that activity.
AB659,6,223 (c) If an individual under sub. (3) (a) makes an anatomical gift under sub. (3)
24(c) 2. at the request of a hospital, organ procurement organization, tissue bank,
25coroner, or medical examiner, the requester shall specifically request consent from

1the individual for each of the activities under par. (a) 1., 2., and 3. and shall note the
2request and response on the document received.
AB659,6,53 (d) The requester under par. (a) or (c) shall provide the donor or the individual
4under sub. (3) (a), as applicable, with a copy of any document of gift executed under
5the requirements of this subsection.
AB659,6,96 (e) 1. A donor or his or her estate or an individual under sub. (3) (a) may recover
7civil damages of not less than $1,000 nor more than $10,000, plus court costs, from
8a person who does not comply with the donor's or individual's refusal of consent
9under par. (a) or (c).
AB659,6,1210 2. An intentional action that is contrary to a donor's or an individual's refusal
11of consent under par. (a) or (c) by a health care provider who is an individual is
12unprofessional conduct by the health care provider.
AB659,6,2013 3. For purposes of subds. 1. and 2., an individual or entity that receives donated
14skin or other tissue is considered to have complied with a refusal of consent under
15par. (a) or (c) if the individual or entity designates skin or other tissue that has been
16donated with restrictions under par. (a) or (c) or states or records any refusal of
17consent in documents that may be maintained with regard to the donated skin or
18other tissue. After the individual or entity transfers the donated skin or other tissue
19to another entity, along with the designation or documentation, the transferor's
20responsibility for compliance with the refusal of consent ceases.
AB659, s. 12 21Section 12. Initial applicability.
AB659,6,2322 (1) This act first applies to requests for anatomical gifts that are made on the
23effective date of this subsection.
AB659, s. 13 24Section 13. Effective date.
AB659,7,2
1(1) This act takes effect on this first day of the 7th month beginning after
2publication.
AB659,7,33 (End)
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