Amendment ASA2-AB621

AB621-ASA2,17,18 146.81 (1) (fm) A pharmacist or pharmacy licensed under ch. 450.

AB621-ASA2, s. 28 Section 28. 146.81 (4) of the statutes is amended to read:

AB621-ASA2,18,2 146.81 (4) "Patient health care records" means all records related to the health of a patient prepared by or under the supervision of or owned by a health care provider, including the records required under s. 146.82 (2) (d) and (3) (c), but not those records subject to s. 51.30, reports collected under s. 69.186, records of tests administered under s. 252.15 (2) (a) 7., 343.305, 938.296 (4) or (5) or 968.38 (4) or (5), fetal monitor tracings, as defined under s. 146.817 (1), or a pupil's physical health records maintained by a school under s. 118.125. ``Patient health care records" also includes health summary forms prepared under s. 302.388 (2).

AB621-ASA2, s. 29 Section 29. 146.82 (2) (bm) of the statutes is created to read:

AB621-ASA2,18,7 146.82 (2) (bm) Except as otherwise permitted under 45 CFR Parts 160 and 164, no recipient of a patient health care record under par. (a) may use identifying information in the record to market a service or product to a patient or health care provider.

AB621-ASA2, s. 30 Section 30. 146.84 (1) (d) of the statutes is created to read:

AB621-ASA2,18,13 146.84 (1) (d) Any person who obtains a patient health care record from a pharmacy or pharmacist under circumstances that constitute a violation of s. 146.82 or 146.83 in a manner that is knowing and willful shall be liable to any person injured as a result of the violation for actual damages to that person, exemplary damages of not more than $25,000, costs, and reasonable actual attorney fees.

AB621-ASA2, s. 31 Section 31. 146.84 (5) of the statutes is created to read:

AB621-ASA2,18,17 146.84 (5) Enforcement. The department of justice or a district attorney may bring an action in the name of the state to enforce sub. (2) or to restrain by temporary or permanent injunction a violation of sub. (2).

AB621-ASA2, s. 32 Section 32. 175.22 of the statutes is created to read:

AB621-ASA2,18,23 175.22 Policy on privacy for professional athletic teams. Any professional athletic team that has its home field or arena in this state shall adopt a written policy on who may enter and remain, to interview or seek information from any person, in a locker room used by the professional athletic team. The policy shall reflect the privacy interests of members of the professional athletic team.

AB621-ASA2, s. 33 Section 33. 230.08 (4) (b) 5. of the statutes is created to read:

AB621-ASA2,19,3 230.08 (4) (b) 5. Functions performed by the privacy information officer under s. 22.21 (1) and functions performed by the security information officer under s. 22.21 (2).

AB621-ASA2, s. 34 Section 34. 230.13 (1) (intro.) of the statutes is amended to read:

AB621-ASA2,19,7 230.13 (1) (intro.) Except as provided in sub. (3) and s. ss. 19.36 (10) and 103.13, the secretary and the administrator may keep records of the following personnel matters closed to the public:

AB621-ASA2, s. 35 Section 35. 230.13 (3) of the statutes is renumbered 230.13 (3) (a).

AB621-ASA2, s. 36 Section 36. 230.13 (3) (b) of the statutes is created to read:

AB621-ASA2,19,12 230.13 (3) (b) The secretary and the administrator may provide any agency with personnel information relating to the hiring and recruitment process, including specifically the examination scores and ranks and other evaluations of applicants.

AB621-ASA2, s. 37 Section 37. 233.13 (intro.) of the statutes is amended to read:

AB621-ASA2,19,16 233.13 Closed records. (intro.) Except as provided in s. ss. 19.36 (10) and 103.13, the authority may keep records of the following personnel matters closed to the public:

AB621-ASA2, s. 38 Section 38. 301.029 (2) (a) of the statutes is amended to read:

AB621-ASA2,19,22 301.029 (2) (a) The department may not enter into any contract or other agreement if, in the performance of the contract or agreement, a prisoner would perform data entry or telemarketing services and have access to an individual's financial transaction card numbers, checking or savings account numbers , date of birth, or social security number.

AB621-ASA2, s. 39 Section 39. 938.396 (1) of the statutes is amended to read:

AB621-ASA2,20,17 938.396 (1) Law enforcement officers' records of juveniles shall be kept separate from records of adults. Law enforcement officers' records of juveniles shall not be open to inspection or their contents disclosed except under sub. (1b), (1d), (1g), (1h), (1j), (1k), (1m), (1r), (1t), (1x) or (5) or s. 938.293 or by order of the court. This subsection does not apply to representatives of the news media who wish to obtain information for the purpose of reporting news without revealing the identity of the juvenile involved,; to the confidential exchange of information between the police and an agency, as defined in s. 48.38 (1) (a) or 938.78 (1), officials of the school attended by the juvenile, or other law enforcement or social welfare agencies; or to juveniles 10 years of age or older who are subject to the jurisdiction of the court of criminal jurisdiction. A public school official who obtains information under this subsection shall keep the information confidential as required under s. 118.125, and a private school official who obtains information under this subsection shall keep the information confidential in the same manner as is required of a public school official under s. 118.125. A law enforcement agency that obtains information under this subsection shall keep the information confidential as required under this subsection and s. 48.396 (1). A social welfare agency An agency, as defined in s. 48.38 (1) (a) or 938.78 (1), that obtains information under this subsection shall keep the information confidential as required under ss. 48.78 and 938.78.

AB621-ASA2, s. 40 Section 40. 938.396 (1h) of the statutes is created to read:

AB621-ASA2,21,2 938.396 (1h) If requested by another law enforcement agency, a law enforcement agency may, subject to official agency policy, disclose to the other law enforcement agency any information in its records relating to a juvenile as necessary for the other law enforcement agency to pursue an investigation of any alleged criminal or delinquent activity. A law enforcement agency that obtains information under this paragraph shall keep the information confidential as required under sub. (1) and s. 48.396 (1) and may disclose the information only for the purpose of pursuing that investigation or as permitted under sub. (1) or s. 48.396 (1).

AB621-ASA2, s. 41 Section 41. 938.396 (1j) of the statutes is created to read:

AB621-ASA2,21,17 938.396 (1j) If requested by a court assigned to exercise jurisdiction under this chapter and ch. 48, a court exercising jurisdiction under s. 48.16, a court exercising jurisdiction under s. 938.17 (2), or a person representing the interests of the public under s. 48.09 or 938.09, a law enforcement agency may, subject to official agency policy, disclose to the requester any information in its records relating to a juvenile as necessary for the court to conduct, or for the person representing the interests of the public to prepare for, any proceedings in the court. A court that obtains information under this paragraph shall keep the information confidential as required under sub. (2) (a) and s. 48.396 (2) (a) and may disclose the information only for the purpose of conducting those proceedings or as permitted under sub. (2) (a) or s. 48.396 (2) (a). A person representing the interests of the public who obtains any information under this paragraph shall keep the information confidential and may disclose the information only as necessary for the person to perform the person's official duties relating to those proceedings.

AB621-ASA2, s. 42 Section 42. 938.396 (1k) of the statutes is created to read:

AB621-ASA2,22,2 938.396 (1k) If requested by any person authorized to provide intake or dispositional services under s. 48.067, 48.069, 938.067, or 938.069 or any other person employed by an agency, as defined in s. 48.38 (1) (a) or 938.78 (1), to provide any other professional services, a law enforcement agency may, subject to official agency policy, disclose to the person any information in its records relating to a juvenile as necessary for the person to provide those services. A person who obtains any information under this paragraph shall keep the information confidential and may disclose the information only as necessary for the person to provide those services.

AB621-ASA2, s. 43 Section 43. 938.396 (2) (c) of the statutes is amended to read:

AB621-ASA2,22,16 938.396 (2) (c) Upon request of a law enforcement agency to review court records for the purpose of investigating a crime that might constitute criminal gang activity, as defined in s. 941.38 (1) (b) pursuing an investigation of any alleged delinquent or criminal activity, the court shall open for inspection by authorized representatives of the law enforcement agency the records of the court relating to any juvenile who has been found to have committed a delinquent act at the request of or for the benefit of a criminal gang, as defined in s. 939.22 (9), that would have been a felony under chs. 939 to 948 or 961 if committed by an adult the subject of a proceeding under this chapter as necessary for the law enforcement agency to pursue the investigation. A law enforcement agency that obtains information under this paragraph shall keep the information confidential as required under sub. (1) and s. 48.396 (1) and may disclose the information only for the purpose of pursuing that investigation or as permitted under sub. (1) or s. 48.396 (1).

AB621-ASA2, s. 44 Section 44. 938.396 (2) (gm) of the statutes is amended to read:

AB621-ASA2,23,7 938.396 (2) (gm) Upon request of any other court assigned to exercise jurisdiction under this chapter and ch. 48, a district attorney or corporation counsel any court exercising jurisdiction under s. 48.16, any court exercising jurisdiction under s. 938.17 (2), or any person representing the interests of the public under s. 48.09 or 938.09 to review court records for the purpose of conducting or preparing for any proceeding in that other court, the court shall open for inspection by any authorized representative of the requester the records of the court relating to any juvenile who has been the subject of a proceeding under this chapter. A court that obtains information under this paragraph shall keep the information confidential as required under par. (a) and s. 48.396 (2) (a) and may disclose the information only for the purpose of conducting those proceedings or as permitted under par. (a) or s. 48.396 (2) (a). A person representing the interests of the public who obtains any information under this paragraph shall keep the information confidential and may disclose the information only as necessary for the person to perform the person's official duties relating to that proceeding.

AB621-ASA2, s. 45 Section 45. 938.396 (2) (gr) of the statutes is created to read:

AB621-ASA2,23,17 938.396 (2) (gr) Upon request of any person authorized to provide intake or dispositional services under s. 48.067, 48.069, 938.067, or 938.069 or any other person employed by an agency, as defined in s. 48.38 (1) (a) or 938.78 (1), to provide any other professional services to review court records for the purpose of performing those services, the court shall open for inspection by the person the records of the court relating to a juvenile who has been the subject of a proceeding under this chapter. A person who obtains any information under this paragraph shall keep the information confidential and may disclose the information only as necessary for the person to provide those services.

AB621-ASA2, s. 46 Section 46. 938.396 (5) (a) (intro.) of the statutes is amended to read:

AB621-ASA2,23,23 938.396 (5) (a) (intro.) Any person who is denied access to a record under sub. (1), (1b), (1d), (1g), (1h), (1j), (1k), (1m), (1r) , or (1t) may petition the court to order the disclosure of the records governed by the applicable subsection record. The petition shall be in writing and shall describe as specifically as possible all of the following:

AB621-ASA2, s. 47 Section 47. 938.78 (2) (b) 1. of the statutes is amended to read:

AB621-ASA2,24,13 938.78 (2) (b) 1. Paragraph (a) does not apply to the confidential exchange of information between an agency and another social welfare agency, a law enforcement agency, the victim-witness coordinator, a fire investigator under s. 165.55 (15), a public school district, or a private school regarding an individual in the care or legal custody of the agency. A social welfare An agency that obtains information under this paragraph shall keep the information confidential as required under this section and s. 48.78. A law enforcement agency that obtains information under this paragraph shall keep the information confidential as required under ss. 48.396 (1) and 938.396 (1). A public school that obtains information under this paragraph shall keep the information confidential as required under s. 118.125, and a private school that obtains information under this paragraph shall keep the information confidential in the same manner as is required of a public school under s. 118.125.

AB621-ASA2, s. 48 Section 48. 979.028 of the statutes is created to read:

AB621-ASA2,24,23 979.028 Confidentiality of autopsy records. (1) Photographs or other pictorial images taken during an autopsy are subject to inspection as provided under s. 19.35 (1). Such pictorial images are not subject to copying under s. 19.35 (1). The custodian of such pictorial images shall prohibit copying of the pictorial images and may not release copies of the pictorial images to the public unless the deceased's spouse, or if there is no living spouse the deceased's next of kin, consents to the release or unless a court of record orders the release. Autopsy records other than photographs and other pictorial images taken during an autopsy are subject to both inspection and copying under s. 19.35 (1).

AB621-ASA2,25,4 (2) Notwithstanding sub. (1), the custodian of photographs or other pictorial images of a deceased person that are taken during an autopsy may release the photographs or other pictorial images for use in educational activities conducted by a coroner or medical examiner or conducted under the auspices of a postsecondary educational institution, or to persons conducting health care peer reviews or health care quality assurance activities.

AB621-ASA2, s. 49 Section 49. Initial applicability.

AB621-ASA2,25,8 (1) Privacy impact statements. The creation of section 13.0991 of the statutes first applies with respect to bills introduced in the 2001-03 legislative session and jacketed by the legislative reference bureau after the effective date of this subsection.

AB621-ASA2,25,14 (2) Marketing services or product's from health care record information. The creation of section 146.82 (2) (bm) of the statutes first applies to the use by a covered entity, as defined in 45 CFR 160.013, of identifying information to market a service or product to a patient or health care provider on April 14, 2003, except that the creation of section 146.82 (2) (bm) of the statutes first applies to that use by a small health plan, as defined in 45 CFR 160.013, on April 14, 2004.

AB621-ASA2, s. 50 Section 50. Effective dates. This act takes effect on the day after publication, except as follows:

AB621-ASA2,25,18 (1) The treatment of sections 36.11 (35) and 36.32 (1) of the statutes takes effect on January 1, 2007.

AB621-ASA2,25,20 (2) The treatment of sections 36.38, 38.12 (12), 39.49, 118.39, and 175.22 of the statutes takes effect on the first day of the 6th month beginning after publication.

AB621-ASA2,25,21 (End)