Medicolegal Investigation Examining Board; powers and duties
The bill provides for the creation of the 11-member board in the Department
of Safety and Professional Services, to be composed of two individuals who are
coroners, chief deputy coroners, or deputy coroners; two individuals who are
nonaccredited medical examiners or medicolegal investigation staff members; two
accredited medical examiners; a member of the Wisconsin District Attorneys'
Association; members of two specified law enforcement organizations; the attorney
general or his or her designee; and one public member, appointed for six-year terms.
The bill requires the board to do all of the following:
1. Promulgate rules specifying standards and curricula for training and
education requirements for individuals holding a license in medicolegal
investigation issued by the board.
2. Coordinate and provide, on a regional basis, training and education for
holders of licenses issued by the board at no cost to those license holders.
3. Monitor compliance with the licensure requirements created by the bill.
4. Revoke the license of a license holder who fails to complete the required death
investigation course.

5. Provide the required training and education to license holders. The bill
allows the board to impose fees for licenses issued after the bill's effective date and
for license renewals.
The bill also requires the board, if a license is revoked or not renewed for any
reason, to do any of the following that applies to the license holder:
1. If the license holder is a nonaccredited medical examiner, send a statement
to the county board or county executive, if applicable, for any county in which the
license holder serves, recommending dismissal of the nonaccredited medical
examiner because of the revocation or failure to renew the license.
2. If the license holder is a medicolegal investigation staff member, send a
notice to the office in which the individual works notifying the coroner or medical
examiner of the revocation or failure to renew the license.
The bill requires an individual who is appointed as a nonaccredited medical
examiner or is hired to serve as a medicolegal investigation staff member, and who
leaves his or her position as a medical examiner or medicolegal investigation staff
member, to so inform the board.
The bill appropriates to the board all moneys received from licensure fees for
medicolegal investigators licensed by the board.
Notifications
The bill requires a coroner or medical examiner who receives notice of a death
to notify the deceased's next of kin. The bill provides that a coroner or medical
examiner need not notify the district attorney of certain types of reported deaths if
the district attorney has waived notice in writing.
Handling of personal property
The bill requires a coroner or medical examiner to maintain an inventory of
personal property that the coroner or medical examiner takes from a death scene or
from a deceased. The bill specifies that the coroner or medical examiner must
destroy, in accordance with applicable county evidence retention policies and
standards for disposal of medications, or donate to a drug repository program any
prescription medications that the coroner or medical examiner collects in an
investigation and does not provide to a law enforcement agency.
Disposition of bodies
Authorization to embalm or dispose of a body. The bill requires an authorization
from the coroner or medical examiner to embalm the body of a person whose death
must be reported. The bill specifies certain information that a coroner or medical
examiner must include on an authorization to embalm a body.
Cremation permit. The bill provides that even when a death is caused by a
contagious or infectious disease, the body may not be cremated within 48 hours of the
pronouncement of death unless the body must be cremated immediately to
effectively contain the disease or a public health authority orders the sooner disposal
of the body during a state of emergency that is related to public health. The bill
requires that, if the medical certification of the cause and manner of death on a death
certificate is completed by a physician, the coroner or medical examiner must review
the medical certification before issuing a cremation permit. The bill further requires

that a coroner or medical examiner must specify on a cremation permit the earliest
date and time that cremation may occur.
Authorization to disinter and reinter. The bill clarifies that no person, other
than a cemetery, may disinter a body or human remains without authorization from
the coroner or medical examiner. The bill adds, as a condition for obtaining a
coroner's or medical examiner's authorization for disinterment without a court order,
that the person requesting authorization provide proof of intent to cremate or bury
the disinterred remains.
Disposition of unidentified or unclaimed bodies. This bill provides that, if a
person other than the superintendent of a state, county, or municipal institution has
an unidentified or unclaimed body, the person may notify the coroner or medical
examiner in the county of residence of the deceased, who must bury or cremate the
body. The bill further provides that, if the coroner or medical examiner makes
reasonable efforts to identify a body and notify the deceased's representative of
disposal of the body, the coroner or medical examiner is immune from civil liability
for his or her choice of method for disposing of the body. Under current law, if an
inmate of a state, county, or municipal institution dies, and a relative or friend of the
deceased does not claim the body and a medical or mortuary school does not take the
body, the superintendent of the institution must bury the body.
Mental health treatment records
This bill provides a coroner or medical examiner access to a deceased's mental
health treatment records without informed consent for the purpose of completing a
medical certification on a certificate of death or for conducting a death investigation.
Under current law, a coroner or medical examiner may obtain a deceased's health
care records without informed consent for the purpose of completing a medical
certification on a certificate of death or for conducting a death investigation.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB297,1 1Section 1. 15.405 (18) of the statutes is created to read:
SB297,5,52 15.405 (18) Medicolegal investigation examining board. There is created a
3medicolegal investigation examining board in the department of safety and
4professional services that shall consist of the following members appointed for
56-year terms:
SB297,5,76 (a) Two individuals, each of whom is a coroner, chief deputy coroner, or deputy
7coroner.
SB297,6,4
1(am) Two individuals, each of whom is a nonaccredited medical examiner, as
2defined in s. 465.01 (4), or a medicolegal investigation staff member, as defined in s.
3465.01 (3), other than a medicolegal investigation staff member included under par.
4(a).
SB297,6,65 (b) Two individuals, each of whom is an accredited medical examiner, as defined
6in s. 465.01 (1g).
SB297,6,77 (c) One member of the Wisconsin District Attorneys' Association.
SB297,6,88 (d) One member of the Badger State Sheriffs Association.
SB297,6,99 (e) One member of the Wisconsin Chiefs of Police Association.
SB297,6,1010 (g) The attorney general or his or her designee.
SB297,6,1111 (i) One public member.
SB297,2 12Section 2. 20.165 (1) (g) of the statutes is amended to read:
SB297,6,2113 20.165 (1) (g) General program operations. The amounts in the schedule for
14the licensing, rule making, and regulatory functions of the department, other than
15the licensing, rule-making, and credentialing functions of the medical examining
16board and the affiliated credentialing boards attached to the medical examining
17board and except for preparing, administering, and grading examinations. Ninety
18percent of all moneys received under chs. 440 to 480, except ch. chs. 448 and 465 and
19ss. 440.03 (13), and 440.05 (1) (b), and, less $10 of each renewal fee received under
20s. 452.12 (5); all moneys transferred from the appropriation under par. (i); and all
21moneys received under s. 440.055 (2), shall be credited to this appropriation.
SB297,3 22Section 3. 20.165 (1) (hr) of the statutes is created to read:
SB297,7,223 20.165 (1) (hr) Medicolegal investigation examining board; program revenues.
24All moneys received from fees imposed for licenses issued under s. 465.10 to provide

1training and education to individuals licensed under s. 465.10 and to support the
2medicolegal investigation examining board in performing its duties and functions.
SB297,4 3Section 4. 51.30 (4) (b) 29. of the statutes is created to read:
SB297,7,134 51.30 (4) (b) 29. Following the death of a patient, to a coroner, deputy coroner,
5medical examiner or medical examiner's assistant, for the purpose of completing a
6medical certificate under s. 69.18 (2) or investigating a death under s. 979.01 or
7979.10. The health care provider may release information by initiating contact with
8the office of the coroner or medical examiner without receiving a request for release
9of the information and shall release information upon receipt of an oral or written
10request for the information from the coroner, deputy coroner, medical examiner or
11medical examiner's assistant. The recipient of any information under this
12subdivision shall keep the information confidential except as necessary to comply
13with s. 69.18, 979.01 or 979.10.
SB297,5 14Section 5. 69.01 (12) of the statutes is amended to read:
SB297,7,1915 69.01 (12) “Final disposition" means the disposition of a corpse or stillbirth by
16burial, interment, entombment, cremation, delivery to a university or school under
17s. 157.02 (3) (1m) (c), or delivery to a medical or dental school anatomy department
18under s. 157.06. “Final disposition" does not include disposition of the ashes
19produced by cremation of a corpse or stillbirth.
SB297,6 20Section 6. 69.18 (2) (d) 1. of the statutes is amended to read:
SB297,8,421 69.18 (2) (d) 1. Except as provided under par. (e), if a the manner of death is
22not natural and
is the subject of a coroner's or medical examiner's determination
23investigated by a coroner or medical examiner under s. 979.01 or 979.03, the coroner
24or medical examiner or a physician supervised by a coroner or medical examiner in
25the county where the event which caused the death occurred shall complete and sign

1the medical certification for the death and mail the death certificate within 5 days
2after the pronouncement of death or present the certificate to the person responsible
3for filing the death certificate under sub. (1)
within 6 days after the pronouncement
4of death.
SB297,7 5Section 7. 69.18 (2) (d) 2. of the statutes is amended to read:
SB297,8,126 69.18 (2) (d) 2. Except as provided under par. (e), if the decedent was not under
7the care of a physician for the illness or condition from which the person died, the
8coroner or medical examiner, or a physician supervised by a coroner or medical
9examiner, in the county of the place of death shall complete and sign the medical
10certification for the death and mail the death certificate within 5 days after the
11pronouncement of death or present the certificate to the person responsible for filing
12the death certificate under sub. (1)
within 6 days after the pronouncement of death.
SB297,8 13Section 8. 69.18 (2) (d) 3. of the statutes is amended to read:
SB297,8,2014 69.18 (2) (d) 3. For a medical certification under this paragraph, except a
15medical certification of the cause of death of an indigent, a coroner or medical
16examiner may charge a fee established by the county board, not to exceed an amount
17reasonably related to the actual and necessary cost of providing the medical
18certification. The coroner or medical examiner, or the physician employed by the
19coroner or medical examiner, shall mail or present complete and sign a medical
20certification as required under subd. 1., whether or not the fee has been paid.
SB297,9 21Section 9. 69.18 (3) (a) of the statutes is amended to read:
SB297,9,622 69.18 (3) (a) Except as provided under par. (c) or (e), the person who has moved
23a corpse under sub. (1) (a) shall complete a report for final disposition, on a form
24supplied by the state registrar, and, within 24 hours after being notified of the death,
25mail or present a copy of the report to the coroner or medical examiner in the county

1of the place of death and mail or present a copy to the local registrar in the
2registration district of the place of death. If the cause of death is subject to an
3investigation
must be reported to a coroner or medical examiner under s. 979.01 or
4if the death is subject to investigation under s. 979.03, the report for final disposition
5shall be submitted to the coroner or medical examiner in the county in which the
6event which caused the death occurred.
SB297,10 7Section 10. 69.18 (3) (b) of the statutes is amended to read:
SB297,9,128 69.18 (3) (b) If a medical certification for a corpse is required under sub. (2) (d),
9no person may embalm the corpse or effect its final disposition without satisfying the
10requirements for a report under par. (a) and without obtaining the written
11permission of the person required to complete the medical certification under sub.
12(2) (d) or an authorization to embalm a body under s. 979.105.
SB297,11 13Section 11. 69.18 (3) (d) of the statutes is amended to read:
SB297,9,2114 69.18 (3) (d) No person may remove a corpse from this state if the place of death
15was in this state unless the corpse is accompanied by a copy of the report for final
16disposition. If a medical certification is required for the corpse under sub. (2) (d), the
17corpse must be accompanied by the report and the written permission of the coroner
18or medical examiner to embalm and effect final disposition or an authorization to
19embalm a body under s. 979.105
. No person may remove a stillbirth from this state
20if the delivery of the stillbirth was in this state unless the stillbirth is accompanied
21by a report for final disposition.
SB297,12 22Section 12. 69.18 (4) (a) (intro.) of the statutes is renumbered 69.18 (4) (c) and
23amended to read:
SB297,9,2524 69.18 (4) (c) Subject to s. 157.111, the coroner or medical examiner of the county
25in which a decedent's corpse is interred shall issue an authorization a permit for

1disinterment and reinterment upon receipt of an order of a court of competent
2jurisdiction or upon receipt of a written application for disinterment and reinterment
3signed by the person in charge of the disinterment and by any of the following
4persons, in order of priority stated, when persons in prior classes are not available
5at the time of application, and in the absence of actual notice of contrary indications
6by the decedent or actual notice of opposition by a member of the same or a prior
7class:
.
SB297,13 8Section 13. 69.18 (4) (a) 1g. to 6. of the statutes are renumbered 69.18 (4) (am)
91g. to 6.
SB297,14 10Section 14. 69.18 (4) (am) (intro.) of the statutes is created to read:
SB297,10,1311 69.18 (4) (am) (intro.) In this subsection, “representative of the decedent"
12means any member of the following classes of individuals, in the order of priority
13listed:
SB297,15 14Section 15. 69.18 (4) (b) of the statutes is created to read:
SB297,10,1715 69.18 (4) (b) Except as provided in s. 157.112 (3), no person may disinter a
16human corpse from a grave or tomb without first obtaining a disinterment permit
17under par. (c) or (d).
SB297,16 18Section 16. 69.18 (4) (bm) of the statutes is repealed.
SB297,17 19Section 17. 69.18 (4) (d) of the statutes is created to read:
SB297,10,2420 69.18 (4) (d) Subject to s. 157.111, the coroner or medical examiner of the county
21in which a decedent's corpse is interred shall issue a disinterment permit upon
22receipt of a written application for disinterment that is made and signed by a
23representative of the decedent and signed by the person in charge of disinterment
24if all of the following apply:
SB297,11,2
11. No representative of the decedent who is a member of a prior class under par.
2(am) is available at the time the application is made.
SB297,11,43 2. The coroner or medical examiner does not have actual notice that the
4decedent would have opposed the disinterment.
SB297,11,75 3. The coroner or medical examiner does not have actual notice of opposition
6to disinterment by a representative of the decedent who is a member of the same or
7a prior class under par. (am) as the applicant.
SB297,11,98 4. The applicant provides proof of intent to cremate the decedent's corpse or to
9lawfully inter the decedent's corpse in a specified burial place.
SB297,18 10Section 18. 69.18 (4) (e) of the statutes is created to read:
SB297,11,1211 69.18 (4) (e) No person may cremate a corpse disinterred under this subsection
12without obtaining a cremation permit under s. 979.10 (1) (ag).
SB297,19 13Section 19. 69.18 (4) (f) of the statutes is created to read:
SB297,11,1614 69.18 (4) (f) Except as provided in s. 157.112 (3), no person may disinter a
15decedent's cremated remains from a cemetery unless all of the following conditions
16are satisfied:
SB297,11,1717 1. The cemetery authority, or its designee, consents to disinterment.
SB297,11,2018 2. A representative of the decedent consents to disinterment and no other
19representative of the decedent who is a member of the same or a prior class under
20par. (am) objects to disinterment.
SB297,20 21Section 20. 69.20 (2) (a) 2. of the statutes is amended to read:
SB297,11,2422 69.20 (2) (a) 2. For a certificate of death, any of the persons specified under s.
2369.18 (4) (a) (am) 1g. to 6. or an individual who is authorized in writing by one of the
24persons.
SB297,21
1Section 21. 157.02 (1), (2), (3), (4) and (5) of the statutes are renumbered
2157.02 (1m) (a), (b), (c), (d) and (e), and 157.02 (1m) (b) and (e), as renumbered, are
3amended to read:
SB297,12,84 157.02 (1m) (b) Time allowed relative to act. If a relative or friend fails to
5arrange for taking charge of the corpse within a reasonable time after death, the
6superintendent or other officer may proceed as provided in this section subsection,
7but relatives or friends may claim the corpse at any time before it has been delivered
8pursuant to sub. (3) par. (c).
SB297,12,109 (e) Other disposition. If the corpse is not disposed of under subs. (1) to (4) pars.
10(a) to (d)
, the superintendent or public officer shall properly bury it.
SB297,22 11Section 22. 157.02 (1m) (title) of the statutes is created to read:
SB297,12,1212 157.02 (1m) (title) Disposition of inmate's remains.
SB297,23 13Section 23. 157.02 (2m) of the statutes is created to read:
SB297,12,2114 157.02 (2m) Disposition of other unclaimed remains. (a) If a person, other
15than a person who has responsibility to dispose of a corpse under sub. (1m), has the
16corpse of a deceased individual and cannot by exercise of reasonable effort locate a
17representative of the decedent, as defined in s. 69.18 (4) (am), or a representative of
18the decedent refuses to claim the corpse for disposition, the person may notify the
19coroner or medical examiner in the county of residence of the deceased, and the
20coroner or medical examiner shall take custody of the corpse and cause the corpse
21to be decently buried or cremated.
SB297,12,2422 (b) A coroner or medical examiner is immune from civil liability for his or her
23choice of method for disposing of an unidentified corpse under this subsection if the
24coroner or medical examiner made reasonable efforts to identify the corpse.
SB297,13,4
1(c) A coroner or medical examiner is immune from civil liability for his or her
2choice of method for disposing of an unclaimed corpse under this subsection if the
3coroner or medical examiner made reasonable efforts to notify a representative of the
4decedent, as defined in s. 69.18 (4) (am), of the disposal of the corpse.
SB297,24 5Section 24. 157.03 (1) of the statutes is amended to read:
SB297,13,106 157.03 (1) The corpse of a person who died with smallpox, diphtheria, or scarlet
7fever, or who in his or her last sickness shall request to be buried or cremated, and
8of a stranger or traveler who suddenly died, shall not be disposed of under s. 157.02
9(3) (1m) (c), and no person having charge of a corpse authorized to be so disposed of
10shall sell or deliver it to be used outside the state.
SB297,25 11Section 25. 157.03 (2) of the statutes is amended to read:
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