AB915: Bill Text

AB915,12,4 .... I wish to donate my body for anatomical study if needed. (Since many institutions have certain conditions that must be met before receiving donation of a body, I will attempt to contact the institution to which the donation is intended to be made.)

AB915,12,7 .... I refuse to make an anatomical gift. (If this revokes a prior commitment that I have made to make an anatomical gift to a designated donee, I will attempt to notify the donee to which or to whom I agreed to donate.)

AB915,12,9 Failing to check any of the lines immediately above creates no presumption about my desire to make or refuse to make an anatomical gift.

AB915,12,10 Signature.... Date....

AB915, s. 7 Section 7. 155.30 (3m) of the statutes is created to read:

AB915,12,14 155.30 (3m) The department may modify the form specified in sub. (3) to include, for the purposes of making an anatomical gift, the toll-free telephone number of the Wisconsin donor registry under s. 157.06 (10r).

AB915, s. 8 Section 8. 157.06 (1) (c) 2. of the statutes is renumbered 157.06 (1) (c) and amended to read:

AB915,12,20 157.06 (1) (c) "Document of gift" means a card, a statement attached to or imprinted on a license under s. 343.175 (2) or on an identification card under s. 343.50 (3), a will, an enrollment form signed as specified in sub. (10r) (b) or another writing used to make an anatomical gift.

AB915, s. 9 Section 9. 157.06 (1) (em) of the statutes is created to read:

AB915,12,23 157.06 (1) (em) "Eye bank" means a repository for donated human eyes or portions of eyes destined for ocular transplant surgery and research.

AB915, s. 10 Section 10. 157.06 (1) (km) of the statutes is created to read:

AB915,12,25 157.06 (1) (km) "Tissue bank" means a repository for donated tissue and bone.

AB915, s. 11 Section 11. 157.06 (2) (b) of the statutes is amended to read:

AB915,13,7 157.06 (2) (b) An anatomical gift under par. (a) may be made only by a document of gift signed and dated by the donor. If the donor cannot so sign and date, the document of gift shall be signed and dated by another individual and by 2 witnesses, all of whom have signed and dated at the direction and in the presence of the donor and of each other, and the document of gift shall state that it has been so signed and dated.

AB915, s. 12 Section 12. 157.06 (2) (f) 1. of the statutes is amended to read:

AB915,13,9 157.06 (2) (f) 1. Signing and dating a statement of amendment or revocation.

AB915, s. 13 Section 13. 157.06 (2) (f) 1m. of the statutes is amended to read:

AB915,13,13 157.06 (2) (f) 1m. Signing and dating a new document of gift. Signing and dating a new document of gift revokes any previously signed and dated document of gift.

AB915, s. 14 Section 14. 157.06 (2) (f) 4. of the statutes is amended to read:

AB915,13,16 157.06 (2) (f) 4. Delivering a signed and dated statement of amendment or revocation to a specified donee to whom a document of gift had been delivered.

AB915, s. 15 Section 15. 157.06 (2) (f) 5. b. of the statutes is renumbered 157.06 (2) (f) 5. and amended to read:

AB915,13,21 157.06 (2) (f) 5. Crossing out or amending and dating the donor authorization or refusal in the space provided on his or her license as prescribed in s. 343.175 (2) or identification card as prescribed in s. 343.50 (3).

AB915, s. 16 Section 16. 157.06 (2) (i) 1. of the statutes is amended to read:

AB915,13,24 157.06 (2) (i) 1. Making a writing of refusal that is signed and dated in the same manner as is required for a document of gift.

AB915, s. 17 Section 17. 157.06 (2) (i) 2. b. of the statutes is amended to read:

AB915,14,3 157.06 (2) (i) 2. b. Attaching Dating and attaching a statement of refusal to or imprinting a statement of refusal on his or her license under s. 343.175 (2) or identification card under s. 343.50 (3).

AB915, s. 18 Section 18. 157.06 (2) (i) 3. of the statutes is amended to read:

AB915,14,8 157.06 (2) (i) 3. Making and dating any other writing that is used to identify the individual as refusing to make an anatomical gift. During the individual's terminal illness or injury, he or she may make the refusal by an oral statement or other form of communication to another.

AB915, s. 19 Section 19. 157.06 (2) (L) of the statutes is created to read:

AB915,14,12 157.06 (2) (L) Notwithstanding the requirements for dating documents under pars. (b), (f) 1., 1m. 4. and 5. and (i) 1., 2. b. and 3. and s. 343.175 (2) (ar) and (b), and except as provided in ss. 155.10 (1) (b) and 155.40 (1) (b), all of the following apply:

AB915,14,14 1. The existence of a document of gift in undated form does not invalidate the document of gift.

AB915,14,16 2. The existence of a written but undated amendment to a document of gift does not invalidate the amendment.

AB915,14,18 3. The existence of a written but undated revocation of an anatomical gift does not invalidate the revocation.

AB915,14,20 4. The existence of a written but undated refusal to make an anatomical gift does not invalidate the refusal.

AB915,14,22 5. The existence of a written but undated revocation of a refusal to make an anatomical gift does not invalidate the revocation of the refusal.

AB915, s. 20 Section 20. 157.06 (10m) of the statutes is created to read:

AB915,14,25 157.06 (10m) Donor registry board. (a) The donor registry board shall do all of the following:

AB915,15,8 1. Review requests for proposals and, from the appropriation under s. 20.435 (1) (bm), award one or more contracts to establish, operate and maintain the Wisconsin donor registry. The board shall consult with the department in preparing requests for proposals under this subdivision. A contract under this subdivision shall specify that the awardee shall, at the end of the contract term or if the contract is otherwise terminated, relinquish to the board the names of enrollees and other information in the registry and any rights to a toll-free telephone number for the registry.

AB915,15,11 2. Direct and monitor or, from the appropriation under s. 20.435 (1) (bm), award a contract for the monitoring of the operation of and services provided by the Wisconsin donor registry.

AB915,15,13 3. Promulgate rules that ensure the confidentiality of enrollees of the Wisconsin donor registry.

AB915,15,16 4. Study the effectiveness of the Wisconsin donor registry and, by March 1, 2003, report the study results to the legislature under s. 13.172 (2) and to the governor.

AB915,15,18 (b) The department of health and family services shall provide technical support to the donor registry board.

AB915, s. 21 Section 21. 157.06 (10m) (a) 1. of the statutes, as created by 1999 Wisconsin Act .... (this act), is amended to read:

AB915,16,3 157.06 (10m) (a) 1. Review requests for proposals and, from the appropriation under s. 20.435 (1) (bm), award one or more contracts to establish, operate and maintain the Wisconsin donor registry. The board shall consult with the department in preparing requests for proposals under this subdivision. A contract under this subdivision shall specify that the awardee shall, at the end of the contract term or if the contract is otherwise terminated, relinquish to the board the names of enrollees and other information in the registry and any rights to a toll-free telephone number for the registry.

AB915, s. 22 Section 22. 157.06 (10r) of the statutes is created to read:

AB915,16,12 157.06 (10r) Wisconsin donor registry. (a) Under a contract that is awarded under sub. (10m) (a) 1., an entity shall establish, operate and maintain an organ and tissue donor registry, to be known as the "Wisconsin donor registry", that includes the names of and pertinent information concerning persons who are enrolled to provide anatomical gifts. The entity may release information from the registry only to organ procurement organizations, eye banks, tissue banks, the donor registry board and its staff and any successor contractor. Information in the registry is not available for inspection or copying under s. 19.35 (1).

AB915,16,18 (b) An individual who desires to make an anatomical gift and to be enrolled in the Wisconsin donor registry shall sign an enrollment form and return the form to the registry or to the department of transportation under s. 343.14 (6) (b) or 343.50 (4m) (c). The enrollment form may be designed by the entity that operates and maintains the registry, but no form may conflict with the requirements of this section.

AB915,16,23 (c) The entity that operates and maintains the Wisconsin donor registry shall operate a toll-free telephone number and may maintain an Internet Web site, to provide information about making an anatomical gift and about enrollment in and disenrollment from the registry. Any computer technology developed by the entity under this paragraph is the property of the donor registry board.

AB915,17,3 (d) No organ procurement organization, tissue bank or eye bank may be required to contribute directly money or any other thing of value to provide payment for operation of the Wisconsin donor registry.

AB915, s. 23 Section 23. 157.06 (10r) (a) of the statutes, as created by 1999 Wisconsin Act .... (this act), is amended to read:

AB915,17,13 157.06 (10r) (a) Under a contract that is awarded under sub. (10m) (a) 1., an entity shall establish, operate and maintain an organ and tissue donor registry, to be known as the "Wisconsin donor registry", that includes the names of and pertinent information concerning persons who are enrolled to provide anatomical gifts. The entity may release information from the registry only to organ procurement organizations, eye banks, tissue banks, the donor registry board and its staff and any successor contractor. Information in the registry is not available for inspection or copying under s. 19.35 (1).

AB915, s. 24 Section 24. 343.14 (2) (g) 2m. of the statutes is created to read:

AB915,17,17 343.14 (2) (g) 2m. The name and address of the applicant will be forwarded by the department to the Wisconsin donor registry under s. 157.06 (10r) (a) if the response to the question under this paragraph is affirmative.

AB915, s. 25 Section 25. 343.14 (6) of the statutes is renumbered 343.14 (6) (a).

AB915, s. 26 Section 26. 343.14 (6) (b) of the statutes is created to read:

AB915,17,25 343.14 (6) (b) Notwithstanding par. (a), the department shall disseminate to applicants the enrollment form specified under s. 157.06 (10r) (b). An applicant may make an anatomical gift and be enrolled in the Wisconsin donor registry under s. 157.06 (10r) (a) by signing the enrollment form and returning it to the registry. The department shall inform applicants that enrollment in the Wisconsin donor registry is not required to make an anatomical gift.

AB915, s. 27 Section 27. 343.17 (3) (b) of the statutes is amended to read:

AB915,18,12 343.17 (3) (b) The reverse side of the license shall contain an explanation of any restriction codes or endorsement abbreviations used on the front of the license, in sufficient detail to identify the nature of the restrictions or endorsements to a law enforcement officer of this state or another jurisdiction. Except for a commercial driver license or a license labeled "CDL-Occupational" as described in s. 343.03 (3) (b) and (e), a part of the reverse side of each license shall be printed to serve as a document of gift under s. 157.06 (2) (b) and (c) or a document of refusal to make an anatomical gift under s. 157.06 (2) (i), shall include the words "Wisconsin donor registry" and the toll-free telephone number that can be used by persons desiring to obtain the information specified under s. 157.06 (10r) (c), and shall be titled "ORGAN AND TISSUE DONATION STATEMENT".

AB915, s. 28 Section 28. 343.175 (1) of the statutes is amended to read:

AB915,18,21 343.175 (1) Department to solicit and record information. As part of every application for an original, duplicate, reinstated, reissued or renewal license or endorsement, the department shall inquire whether the applicant desires to be an organ donor. The department shall record the organ donor response in its file of the person. At not less than 3-month intervals, the department shall compile a list of the names and addresses of persons whose response to the inquiry under this subsection is affirmative and forward it to the Wisconsin donor registry under s. 157.06 (10r) (a).

AB915, s. 29 Section 29. 343.175 (2) (a) of the statutes is amended to read:

AB915,19,4 343.175 (2) (a) Except as provided in par. (ag), a part of the reverse side of each license shall be printed to serve as a document of gift under s. 157.06 (2) (b) and (c) or a document of refusal to make an anatomical gift under s. 157.06 (2) (i), shall include the words "Wisconsin donor registry" and the toll-free telephone number that can be used by persons desiring to obtain the information specified under s. 157.06 (10r) (c), and shall be titled "ORGAN AND TISSUE DONATION STATEMENT".

AB915, s. 30 Section 30. 343.175 (2) (ag) of the statutes is amended to read:

AB915,19,15 343.175 (2) (ag) The department shall print a separate document to be issued to all persons issued a commercial driver license or a license labeled "CDL-Occupational" as described in s. 343.03 (3) (b) and (e) and make provisions so that the document may be attached to the reverse side of the license document along one edge. This document shall serve as a document of gift under s. 157.06 (2) (b) and (c) or a document of refusal to make an anatomical gift under s. 157.06 (2) (i), shall include the words "Wisconsin donor registry" and the toll-free telephone number that can be used by persons desiring to obtain the information specified under s. 157.06 (10r) (c), and shall be titled "ORGAN AND TISSUE DONATION STATEMENT".

AB915, s. 31 Section 31. 343.175 (2) (ar) of the statutes is amended to read:

AB915,19,22 343.175 (2) (ar) If the person desires to be an organ donor, he or she may so indicate in the space provided on the license. The donor may supply information in the space provided on the license, including the specific body parts or organs to be donated, the name of the donee, the purpose for which the gift is made and the physician whom the donor wishes to carry out the appropriate procedures. The anatomical gift described on the license shall be signed and dated by the licensee.

AB915, s. 32 Section 32. 343.175 (2) (b) of the statutes is amended to read:

AB915,20,3 343.175 (2) (b) The licensee may revoke or amend his or her gift by crossing out the donor authorization in the space provided on the license and dating it, or as otherwise prescribed in s. 157.06. The licensee may refuse to make an anatomical gift by so indicating in the space provided on the license and dating it, or as otherwise prescribed in s. 157.06.

AB915, s. 33 Section 33. 343.20 (2m) of the statutes is amended to read:

AB915,20,12 343.20 (2m) The department shall include with the notice that it mails under sub. (2) information regarding the requirements of s. 347.48 (4); information, as developed by all organ procurement organizations in cooperation with the department, that promotes anatomical donations and which relates to the anatomical donation opportunity available under s. 343.175; the Wisconsin donor registry enrollment form specified under s. 157.06 (10r) (b); and, for licensees aged 65 years or older, material, as provided by the department, explaining the voluntary program that is specified in s. 71.55 (10) (b).

AB915, s. 34 Section 34. 343.235 (3) (c) of the statutes is created to read:

AB915,20,16 343.235 (3) (c) The entity acting on behalf of the department of health and family services under s. 157.06 (10r) (a) for purposes related to the organ and tissue donor registry.

AB915, s. 35 Section 35. 343.24 (4) (c) 3. of the statutes is created to read:

AB915,20,20 343.24 (4) (c) 3. The entity acting on behalf of the department of health and family services under s. 157.06 (10r) (a) for purposes related to the organ and tissue donor registry.

AB915, s. 36 Section 36. 343.50 (3) of the statutes is amended to read:

AB915,21,7 343.50 (3) Design and contents of card. The card shall be the same size as an operator's license but shall be of a design which is readily distinguishable from the design of an operator's license and bear upon it the words "IDENTIFICATION CARD ONLY". The information on the card shall be the same as specified under s. 343.17 (3). The card may serve as a document of gift under s. 157.06 (2) (b) and (c) and the holder may affix a sticker thereto as provided in s. 343.175 (3). The card may also serve as a document of refusal to make an anatomical gift under s. 157.06 (2) (i). The portion of the card that is designated to serve as a document of gift or a document of refusal to make an anatomical gift shall be titled "ORGAN AND TISSUE DONATION STATEMENT". The card shall contain the holder's photograph and, if applicable, shall be of the design specified under s. 343.17 (3) (a) 12.

AB915, s. 37 Section 37. 343.50 (4m) (a) of the statutes is amended to read:

AB915,21,14 343.50 (4m) (a) As part of every application for an identification card, the department shall inquire whether the applicant desires to be an organ donor. The department shall record the organ donor response in its file of the person. At not less than 3-month intervals, the department shall compile a list of the names and addresses of persons whose response to the inquiry under this subsection is affirmative and forward it to the Wisconsin donor registry under s. 157.06 (10r) (a).

AB915, s. 38 Section 38. 343.50 (4m) (c) of the statutes is created to read:

AB915,21,21 343.50 (4m) (c) Notwithstanding pars. (a) and (b), the department shall disseminate to applicants the enrollment form specified under s. 157.06 (10r) (c). An applicant may make an anatomical gift and be enrolled in the Wisconsin donor registry under s. 157.06 (10r) (a) by signing the enrollment form and returning it to the registry. The department shall inform applicants that enrollment in the Wisconsin donor registry is not required to make an anatomical gift.

AB915, s. 39 Section 39. Nonstatutory provisions.

AB915,22,5 (1) Donor registry board; initial appointments. Notwithstanding section 15.07 (1) (c) of the statutes and notwithstanding the length of terms specified for the members of the donor registry board appointed under section 15.195 (2) (intro.) of the statutes, as created by this act, 3 initial voting members appointed under that subsection shall be appointed for terms expiring on May 1, 2002, 3 initial voting members appointed under that subsection shall be appointed for terms expiring on May 1, 2003, and 5 initial voting members appointed under that subsection shall be appointed for terms expiring on May 1, 2004.

AB915,22,6 (2) Confidentiality of registry enrollees; rules.

AB915,22,10 (a) The donor registry board shall submit in proposed form the rules required under section 157.06 (10m) (a) 3. of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 8th month beginning after the effective date of this paragraph.

AB915,22,19 (b) Using the procedure under section 227.24 of the statutes, the donor registry board may promulgate rules required under section 157.06 (10m) (a) 3. of the statutes, as created by this act, for the period before the effective date of the rules submitted under paragraph (a), but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b) and (3) of the statutes, the board is not required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of the public peace, health, safety or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph.

AB915,22,24 (3) Study of purging names and information from registry. The entity that operates and maintains the Wisconsin donor registry under section 157.06 (10r) of the statutes, as created by this act, shall study the means by which names and information may be purged from the registry after a period of time. By January 1, 2002, the entity shall report its findings to the donor registry board.

AB915,23,7 (4) Moneys excluded from base. Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for purposes of the 2001-03 biennial budget bill, the department of health and family services shall submit information concerning the appropriation under section 20.435 (1) (bm) of the statutes, as created by this act, as though the amounts appropriated to the department under that appropriation for fiscal year 2000-01 were $300,000 less than the amounts in the schedule.

AB915,23,14 (5) Audit of the Wisconsin donor registry. The joint legislative audit committee is requested to, and may, direct the legislative audit bureau to perform a performance evaluation audit of the Wisconsin donor registry, beginning 24 months after the initial award of one or more contracts under section 157.06 (10m) (a) 1. of the statutes, as created by this act. If the committee directs the legislative audit bureau to perform an audit, the bureau shall file its report as described in section 13.94 (1) (b) of the statutes.

AB915, s. 40 Section 40 . Initial applicability.