AB570,27,2120
(g) A physician or technician may remove from the body of a donor a donated
21part that the physician or technician is qualified to remove.
AB570,27,23
22(14m) Coordination of procurement and use; duties of hospitals. Each
23hospital shall do all of the following:
AB570,28,3
1(a) Enter into agreements or affiliations with procurement organizations for
2coordination of procurement and use of bodies and parts that are the subject of
3anatomical gifts, including the following:
AB570,28,64
1. An agreement with an organ procurement organization to notify the organ
5procurement organization or its designee in a timely manner of individuals whose
6death is imminent or who have died in the hospital.
AB570,28,107
2. Agreements with at least one tissue bank and at least one eye bank to
8cooperate in the retrieval, processing, preservation, storage, and distribution of
9tissues and eyes to assure that all usable tissues and eyes are obtained from potential
10donors, as long as such agreements do not interfere with the procurement of organs.
AB570,28,1411
(b) Ensure, in collaboration with the organ procurement organization with
12which the hospital has an agreement under par. (a) 1. that the family of each
13potential donor is informed of its options to donate organs, tissues, or eyes or to refuse
14to donate organs, tissues, or eyes.
AB570,28,2115
(c) Ensure that the individual who requests family members of potential donors
16to make anatomical gifts of organs, tissues, or eyes is either an organ procurement
17representative or has completed a course on the methodology for approaching
18persons to request that they make anatomical gifts, which course is designed in
19conjunction with the tissue and eye bank community and offered or approved by the
20organ procurement organization with which the hospital has an agreement under
21par. (a) 1.
AB570,28,2522
(d) Ensure that requests of family members of potential donors to make
23anatomical gifts of organs, tissues, or eyes are made with discretion and sensibility
24with respect to the circumstances, views, and beliefs of the families of potential
25donors.
AB570,29,5
1(e) Ensure that the hospital works cooperatively with the procurement
2organizations with which it has agreements with under par. (a) in educating staff on
3donation issues, reviewing death records to improve identification of potential
4donors, and maintaining potential donors while necessary testing and placement of
5potential donated organs, tissues, and eyes takes place.
AB570,29,10
6(17) Prohibited acts related to records. Any person who intentionally
7falsifies, forges, conceals, defaces, or obliterates a record of gift, an amendment or
8revocation of a record of gift, or a record of refusal for pecuniary gain is guilty of a
9Class H felony, except that notwithstanding the maximum fine specified in s. 939.50
10(3) (h), the person may be fined not more than $50,000.
AB570,29,14
11(18) Immunity. (a) A person who acts, or in good faith attempts to act, in
12accordance with this section or with the applicable anatomical gift law of another
13state is not liable for the act in a civil action, criminal prosecution, or administrative
14proceeding.
AB570,29,1715
(b) A person who makes an anatomical gift and the person's estate are not liable
16for any injury or damage that results from the making of the anatomical gift or the
17use of the body or any part that is the subject of the anatomical gift.
AB570,29,2218
(c) A person may rely on a representation made by an individual purporting to
19be an individual listed under sub. (9) (a) 2., 3., 4., 5., 6., 7., or 8. as to the individual's
20relation to a donor or prospective donor in determining whether an anatomical gift
21of the donor's or prospective donor's body or part has been made, amended, or
22revoked.
AB570,29,25
23(19) Law governing validity; choice of law as to making of anatomical gift;
24presumption of validity. (a) An anatomical gift is valid if made in accordance with
25any of the following:
AB570,30,1
11. This section.
AB570,30,22
2. The laws of the state or country where it was made.
AB570,30,53
3. The laws of the state or country where the individual making the anatomical
4gift was domiciled, had a place of residence, or was a national at the time the
5anatomical gift was made.
AB570,30,76
(b) If an anatomical gift is valid under this subsection, the law of this state
7governs the interpretation of the anatomical gift.
AB570,30,108
(c) A person may presume that an anatomical gift or an amendment of an
9anatomical gift is valid unless the person has actual knowledge that it was not
10validly made or was revoked.
AB570,30,17
11(20) Donor Registry. The department of health and family services may
12establish a donor registry. If the department of health and family services
13establishes a donor registry under this subsection, the department of transportation
14shall cooperate with the department of health and family services in establishing the
15donor registry. The department of health and family services shall promulgate
16administrative rules governing any donor registry established under this
17paragraph.
AB570,30,23
18(21) Effect of anatomical gift on advance health care directive. If a
19prospective donor executed a declaration, as defined in s. 154.02 (1), or a power of
20attorney for health care instrument under ch. 155, measures necessary to ensure the
21medical suitability of an organ for transplantation or therapy may not be withheld
22or withdrawn from the prospective donor unless the declaration or power of attorney
23for health care instrument expressly provides to the contrary.
AB570,31,8
24(22m) Authorization by coroner or medical examiner; no evidence of
25anatomical gift. (ag) If a decedent is within the custody of a coroner or medical
1examiner and if there is no evidence that an anatomical gift of the decedent's body
2or part has been made or that the decedent has refused to make an anatomical gift,
3the coroner or medical examiner shall contact by telephone the organ procurement
4organization designated for the region in which the death occurs. The coroner or
5medical examiner shall provide the organ procurement organization with
6information, if known to the coroner or medical examiner, concerning the decedent's
7age, the cause of the decedent's death and, if available, the decedent's medical
8history.
AB570,31,129
(am) The coroner or medical examiner may release and permit the removal of
10a part from a decedent specified in par. (ag) within that official's custody, for
11transplantation or therapy, including to a tissue bank under the requirements of sub.
12(24m), if all of the following apply:
AB570,31,1413
1. The official has received a request for the part from a hospital, physician, or
14organ procurement organization.
AB570,31,1815
2. The official has made a reasonable effort, taking into account the useful life
16of the part, to locate and examine the decedent's medical records and, subject to sub.
17(25m), inform persons listed in sub. (9) of their option to make, or object to making,
18an anatomical gift.
AB570,31,2119
3. The official does not have actual knowledge of a refusal to make an
20anatomical gift or contrary indication by the decedent or of an objection by a person
21having priority to act as listed in sub. (9).
AB570,31,2222
4. The removal will be by a physician, except for the following:
AB570,31,2323
a. In the case of eyes, the removal may be by a physician or by an enucleator.
AB570,31,2524
b. In the case of tissue or bone, the removal may be by a physician or by a
25technician.
AB570,32,1
15. The removal will not interfere with any autopsy or investigation.
AB570,32,22
6. The removal will be in accordance with accepted medical standards.
AB570,32,33
7. Cosmetic restoration will be done to the decedent's body, if appropriate.
AB570,32,74
(b) A coroner or medical examiner who releases, and permits the removal of a
5part under this subsection shall maintain a permanent record of the name of the
6decedent, the name of the person making the request, the date and purpose of the
7request, the part requested, and the name of the person to whom it was released.
AB570,32,14
8(23m) Authorization by coroner or medical examiner; potential donations
9of organs and tissue. (a) Subject to par. (b), for a decedent who meets the criteria
10for a determination of death under s. 146.71, who is a donor, and who is within the
11jurisdiction of a coroner or medical examiner under ch. 979, any vascularized organ
12that is the subject of an anatomical gift may be removed by a physician, within a time
13period compatible with preservation of the organ for purposes of transplantation or
14therapy, if all of the following take place:
AB570,32,2115
1. Immediately after the hospital in which the donor or potential donor is
16located contacts the organ procurement organization designated for the region of
17which the hospital is a part concerning the potential donation, the organ
18procurement organization shall, by oral conversation, provide notice to the coroner
19or medical examiner or his or her designee of the referral of the donor or potential
20donor and shall provide notice of the referral to the district attorney or his or her
21designee.
AB570,32,2522
2. The coroner or medical examiner or his or her designee has the opportunity
23to be present during the scheduled removal of the vascularized organ if, in the
24judgment of the coroner, medical examiner, or designee, the organ may be necessary
25in determining the cause of death.
AB570,33,12
1(b) If, in the judgment of the coroner, medical examiner, or designee specified
2in par. (a) the vascularized organ may be necessary in determining the cause of
3death, the coroner, medical examiner, or designee may order a biopsy of the
4vascularized organ or, if the coroner, medical examiner, or designee is present during
5the scheduled removal, he or she may deny removal of the vascularized organ. If
6denial of removal is a possibility, the organ procurement organization shall make a
7good faith effort to consult with a forensic pathologist designated by the coroner,
8medical examiner, or designee as to the pathologist's opinion concerning the
9necessity of the vascularized organ in determining the cause of death. If the biopsy
10is ordered or the removal is denied, the coroner, medical examiner, or designee shall
11specify, in writing as part of any death report required under ch. 979, any reasons
12for determining that the vascularized organ may be involved in the cause of death.
AB570,33,1913
(c) For a decedent specified under par. (a), as authorized under the
14requirements of this section by the coroner, medical examiner, or designee with
15jurisdiction over the decedent, any part other than a vascularized organ that is a
16subject of an anatomical gift may be removed by a physician and any part that is
17tissue or bone may be removed by a technician or tissue bank employee, within a time
18period compatible with preservation of the part for purposes of transplantation or
19therapy.
AB570,33,2520
(d) A physician, technician, or tissue bank employee who removes
21cardiovascular tissue from a decedent under this subsection shall, upon request of
22the coroner or medical examiner, file with the coroner or medical examiner with
23jurisdiction over the decedent a report detailing the condition of the cardiovascular
24tissue and its relationship to the cause of death. The report may include a biopsy or
25medically approved sample, if available, from the part.
AB570,34,2
1(e) 1. A physician who removes an organ from a decedent under this subsection
2shall complete a form, as specified in sub. (26m) (a).
AB570,34,53
2. A physician, technician, or tissue bank employee who removes tissue, other
4than cardiovascular tissue, from a decedent under this subsection shall complete a
5form, as specified in sub. (26m) (b).
AB570,34,86
3. After completing a form under this paragraph, the physician, technician, or
7tissue bank employee shall transmit the form to the coroner or medical examiner
8with jurisdiction over the decedent.
AB570,34,14
9(24m) Authorization by coroner or medical examiner; tissue banks. (a) 1. If
10a decedent is within the custody of a coroner or medical examiner, and the death
11occurred in a hospital, any release of the decedent for potential donation of tissue
12shall be to the tissue bank with which the hospital has an agreement under sub.
13(14m) (a) 2. However, if such a tissue bank is unwilling to receive the tissue donation,
14the tissue bank shall so notify the coroner or medical examiner.
AB570,34,1815
2. Upon receipt of a notification under subd. 1., the coroner or medical examiner
16may notify any other tissue bank with which the coroner or medical examiner has
17an agreement under par. (b) of the availability of the decedent as a potential tissue
18donor.
AB570,34,2219
3. Upon receipt of a notification under subd. 2., the tissue bank so notified, if
20willing to receive the tissue donation, shall contact a reasonably available person,
21under the priority established in sub. (9), to request that the person make an
22anatomical gift of all or a part of the decedent's tissue.
AB570,34,2523
4. If the coroner or medical examiner informs the hospital that subds. 2. and
243. apply and that consent has been given for an anatomical gift, the hospital shall
25transfer the decedent to the coroner or medical examiner.
AB570,35,5
1(b) When a decedent is within the custody of a coroner or medical examiner, the
2death occurred outside a hospital or the decedent was transferred to the coroner or
3medical examiner under par. (a) 4., and the coroner or medical examiner refers the
4decedent as a potential tissue donor, any such referral shall be made under the
5following conditions:
AB570,35,126
1. Subject to subds. 2., 3., and 4., the coroner or medical examiner, after
7considering a tissue bank's history, services, traditional referral patterns,
8geographic service area, and tissue distribution record and any other criteria
9required for consideration by the corporation counsel of the applicable county, enters
10into a written, general referral agreement with one or more tissue banks to which
11the coroner or medical examiner shall refer decedents for potential donation of
12tissue.
AB570,35,1413
2. Any agreement under subd. 1. is subject to review and approval by all of the
14the following:
AB570,35,1515
a. The corporation counsel of the applicable county.
AB570,35,1916
b. The county board of the applicable county. Within 60 days after any approval
17by the corporation counsel and transmittal of the agreement to the county board, the
18county board may approve or disapprove the agreement. If the county board takes
19no action, the agreement is approved.
AB570,35,2220
3. A tissue bank under this paragraph is accredited by the American
21Association of Tissue Banks or audited at least once every 2 years by an organization
22that is accredited by the American Association of Tissue Banks.
AB570,35,2523
4. All of the following applies to an agreement by a coroner or medical examiner
24with one or more tissue banks to which the coroner or medical examiner refers
25decedents for potential donation of tissue:
AB570,36,2
1a. Any such agreement that is entered into after April 13, 2006, shall conform
2to the requirements of subds. 1. to 3.
AB570,36,53
b. Any such agreement that exists on April 13, 2006, shall conform to the
4requirements of subds. 1. to 3. by October 1, 2007, unless the agreement expires
5before that date and is not renegotiated or renewed under subd. 4. a.
AB570,36,15
6(25m) Consent for or limitation on certain uses of bones or tissue;
7requirements. (a) A hospital, organ procurement organization, tissue bank, coroner,
8or medical examiner that provides a record of gift to a person who may make an
9anatomical gift under sub. (4) or (9) shall include in the record of gift the following
10sentences: "I understand that donated bones or tissues, including skin, may have
11numerous uses, including for reconstructive and cosmetic purposes, and that
12multiple organizations, including nonprofit and for-profit organizations, may
13recover, process, or distribute the donations. I further understand that I may, by this
14record, limit the use of the bones or tissues, including skin, that are donated or types
15of organizations that recover, process, or distribute the donation."
AB570,36,1716
(b) The record of gift under par. (a) shall include, following the 2nd sentence
17required in par. (a), all of the following:
AB570,36,2418
1. A line or space for the person who may make an anatomical gift to sign to
19acknowledge that he or she has read the sentences specified in par. (a) or that the
20sentences have been read aloud to him or her. Except in cases in which an anatomical
21gift is executed by means that do not require the person making the anatomical gift
22to sign a record of gift, failure of the person making the anatomical gift to sign in the
23line or space is a refusal to make or an objection to making an anatomical gift of bones
24or tissues.
AB570,37,3
12. A line or space for the person making the anatomical gift to sign and specify
2a limitation, if any, on the use of bones or tissues or on the types of organizations that
3recover, process, or distribute the donation.
AB570,37,124
(c) If a person makes anatomical gift in the manner provided in sub. (10) (a) 2.
5or 3., the individual receiving the oral communication shall read aloud to the person,
6the sentences required under par. (a). If the anatomical gift is made in the manner
7provided in sub. (10) (a) 3., the individual who reduces the anatomical gift to a record
8shall note on the record that the person making the anatomical gift has been read
9the sentences required under par. (a) and note any limitations that the person
10making the anatomical gift imposes on the use of any bones or tissues that are the
11subject of the anatomical gift or any limitations on the types of organizations that
12recover, process, or distribute such bones or tissues.
AB570,37,1713
(d) If a person who may make an anatomical gift under sub. (4) or (9) makes
14an anatomical gift under this subsection, the hospital, organ procurement
15organization, tissue bank, coroner, or medical examiner that provides to the person
16a record of gift under par. (a) shall also provide the person with the telephone number
17and address of the agency or organization that recovers the anatomical gift.
AB570,37,2018
(e) The requester under par. (a) shall provide the person who may make an
19anatomical gift under sub. (4) or (9) with a copy of any record of gift executed under
20the requirements of this subsection.
AB570,37,23
21(26m) Forms for removal of organs and certain tissues; rules. The
22department of health and family services shall promulgate rules prescribing all of
23the following:
AB570,37,2424
(a) A form for removal of organs for use under sub. (23m) (e) 1. and 3.
AB570,38,2
1(b) A form for removal of tissue, other than cardiovascular tissue, for use under
2sub. (23m) (e) 2. and 3.
AB570,38,5
3(27m) Penalty. Whoever fails to comply with the requirement to provide
4sentences under sub. (25m) (a) or (c) may be subject to a forfeiture of not less than
5$500 nor more than $1,000 for each violation.
AB570,38,9
6(28m) Effect of prior document of gift. Notwithstanding the requirements
7of this section, a document of gift that was made under the requirements of s. 157.06,
81987 stats., or s. 157.06, 2005 stats., is deemed to comply with the requirements of
9this section.
AB570, s. 7
10Section
7. 230.35 (2d) (a) 2. of the statutes is amended to read:
AB570,38,1411
230.35
(2d) (a) 2. "Human organ"
has the meaning given for "vascularized
12organ" in s. 157.06 (1) (L) means a heart, lung, liver, pancreas, kidney, intestine, or
13other organ that requires the continuous circulation of blood to remain useful for
14purposes of transplantation.
AB570, s. 8
15Section
8. 252.15 (2) (a) 1. and (am) 1. and 2. and (5) (a) 5. of the statutes are
16amended to read:
AB570,39,317
252.15
(2) (a) 1. Except as provided in subd. 1g., a health care provider who
18procures, processes, distributes or uses a human body part or human tissue
donated
19as specified under s. 157.06 (6) (a) or (b) that is the subject of an anatomical gift under
20157.06 shall, without obtaining consent to the testing, test for the presence of HIV,
21antigen or nonantigenic products of HIV or an antibody to HIV in order to assure
22medical acceptability of the gift for the purpose intended. The health care provider
23shall use as a test for the presence of HIV, antigen or nonantigenic products of HIV
24or an antibody to HIV a test or series of tests that the state epidemiologist finds
25medically significant and sufficiently reliable to detect the presence of HIV, antigen
1or nonantigenic products of HIV or an antibody to HIV. If the validated test result
2of the donor from the test or series of tests performed is positive, the human body part
3or human tissue donated for use or proposed for donation may not be used.
AB570,39,204
(am) 1. A health care provider who procures, processes, distributes or uses
5human sperm
donated as specified under s. 157.06 (6) (a) or (b) that is the subject of
6an anatomical gift under 157.06 shall, prior to the distribution or use and with
7informed consent under the requirements of par. (b), test the proposed donor for the
8presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV in
9order to assure medical acceptability of the gift for the purpose intended. The health
10care provider shall use as a test for the presence of HIV, antigen or nonantigenic
11products of HIV or an antibody to HIV a test or series of tests that the state
12epidemiologist finds medically significant and sufficiently reliable under s. 252.13
13(1r) to detect the presence of HIV, antigen or nonantigenic products of HIV or an
14antibody to HIV. The health care provider shall test the donor initially and, if the
15initial test result is negative, shall perform a 2nd test on a date that is not less than
16180 days from the date of the procurement of the sperm. No person may use the
17donated sperm until the health care provider has obtained the results of the 2nd test.
18If any validated test result of the donor for the presence of HIV, antigen or
19nonantigenic products of HIV or an antibody to HIV is positive, the sperm donated
20for use may not be used and, if donated, shall be destroyed.
AB570,40,221
2. A health care provider who procures, processes, distributes or uses human
22ova
donated as specified under s. 157.06 (6) (a) or (b) that are the subject of an
23anatomical gift under s. 157.06 shall, prior to the distribution or use and with
24informed consent under the requirements of par. (b), test the proposed donor for the
1presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV in
2order to assure medical acceptability of the gift for the purpose intended.
AB570,40,6
3(5) (a) 5. To a health care provider who procures, processes, distributes or uses
4a human body part
donated as specified under s. 157.06 (6) (a) or (b) that is the subject
5of an anatomical gift under s. 157.06, for the purpose of assuring medical
6acceptability of the gift for the purpose intended.
AB570, s. 9
7Section
9. 343.17 (3) (b) of the statutes is amended to read:
AB570,40,148
343.17
(3) (b) The reverse side of the license shall contain an explanation of any
9restriction codes or endorsement abbreviations used on the front of the license, in
10sufficient detail to identify the nature of the restrictions or endorsements to a law
11enforcement officer of this state or another jurisdiction. Except for a commercial
12driver license, a part of the reverse side of each license shall be printed to serve as
13a
document record of gift under s. 157.06 (2)
(b) and (c) (t) or a
document record of
14refusal
to make an anatomical gift under s. 157.06 (2)
(i) (u).
AB570, s. 10
15Section
10. 343.175 (1) of the statutes is amended to read:
AB570,40,2316
343.175
(1) Department to solicit and record information. As part of every
17application for an original, duplicate, reinstated, reissued or renewal license or
18endorsement, the department shall inquire whether the applicant desires to be an
19organ donor. The department shall record the organ donor response in its file of the
20person.
If a procurement organization, as defined in s. 157.06 (2) (p), reasonably
21identifies a person and requests the information recorded in the person's file under
22this subsection, the department shall promptly provide this information to the
23procurement organization.
AB570, s. 11
24Section
11. 343.175 (1r) of the statutes is amended to read:
AB570,41,11
1343.175
(1r) Department to provide information. In addition to the inquiry
2under sub. (1), if the applicant is at least
18 15 and one-half years of age, the
3department shall orally state to the applicant that he or she has the opportunity to
4indicate his or her willingness to be an organ donor. If the applicant indicates that
5he or she is undecided in response to the inquiry under sub. (1), the department shall
6provide the applicant with written information that all organ procurement
7organizations and the department have together developed. If the applicant makes
8an affirmative response to the inquiry under sub. (1), the department shall request
9at that time that the applicant write on the license the information that is specified
10under sub. (2) (ar) and affix a sticker, as described in sub. (3)
(a), to the front side of
11the license document.
AB570, s. 12
12Section
12. 343.175 (2) (title) of the statutes is amended to read:
AB570,41,1313
343.175
(2) (title)
Document Record of gift or refusal.
AB570, s. 13
14Section
13. 343.175 (2) (a) of the statutes is amended to read:
AB570,41,1815
343.175
(2) (a) Except as provided in par. (ag), a part of the reverse side of each
16license shall be printed to serve as a
document record of gift under s. 157.06 (2)
(b)
17and (c) (t) or a
document record of refusal
to make an anatomical gift under s. 157.06
18(2)
(i) (u).
AB570, s. 14
19Section
14. 343.175 (2) (ag) of the statutes is amended to read:
AB570,41,2520
343.175
(2) (ag) The department shall print a separate document to be issued
21to all persons issued a commercial driver license and make provisions so that the
22document may be attached to the reverse side of the license document along one edge.
23This document shall serve as a
document record of gift under s. 157.06 (2)
(b) and (c) 24(t) or a
document record of refusal
to make an anatomical gift under s. 157.06 (2)
(i) 25(u).
AB570, s. 15
1Section
15. 343.175 (3) (a) of the statutes is renumbered 343.175 (3).
AB570, s. 16
2Section
16. 343.175 (3) (b) of the statutes is repealed.
AB570, s. 17
3Section
17. 343.50 (3) of the statutes is amended to read: