AB969: Bill Text

AB969,10,7 252.12 (2) (a) 5. The department shall perform HIV tests for the presence of HIV and, if appropriate, tests for the presence of related infections and shall conduct behavioral surveys among population groups determined by the department to be highly at risk of becoming infected with or transmitting HIV and related infections. Information obtained shall be used to develop targeted HIV infection and related infection prevention efforts for these groups and to evaluate the state's prevention strategies.

AB969, s. 20 Section 20. 252.12 (2) (a) 7. of the statutes is amended to read:

AB969,10,13 252.12 (2) (a) 7. The department shall distribute funding in each fiscal year to contract with organizations to provide, at alternate testing sites, anonymous or confidential counseling services for HIV and, laboratory HIV testing services for the presence of HIV, and, if appropriate, laboratory testing services for the presence of related viruses.

AB969, s. 21 Section 21. 252.13 (title) of the statutes is amended to read:

AB969,10,15 252.13 (title) Blood HIV tests for HIV.

AB969, s. 22 Section 22. 252.13 (1m) of the statutes is amended to read:

AB969,11,5 252.13 (1m) Except as provided under sub. (3), any blood bank, blood center or plasma center in this state that purchases or receives whole blood, blood plasma, a blood product or a blood derivative shall, prior to its distribution or use and after complying with informed consent for HIV testing under the requirements of s. 252.15 (2) (b), subject that blood, plasma, product or derivative to a an HIV test or series of tests that the state epidemiologist finds medically significant and sufficiently reliable under sub. (1r) (a) to detect the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV. This subsection does not apply to a blood bank that purchases or receives whole blood, blood plasma, a blood product or a blood derivative from a blood bank, blood center or plasma center in this state if the whole blood, blood plasma, blood product or blood derivative has previously been subjected to a an HIV test or series of tests that the state epidemiologist finds medically significant and sufficiently reliable under sub. (1r) (a) to detect the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV.

AB969, s. 23 Section 23. 252.13 (1r) (intro.) of the statutes is amended to read:

AB969,11,10 252.13 (1r) (intro.) For the purposes of this section, the state epidemiologist shall make separate findings of medical significance and sufficient reliability for a test or a series of tests to detect the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV an HIV test for each of the following purposes:

AB969, s. 24 Section 24. 252.13 (1r) (a) of the statutes is amended to read:

AB969,11,14 252.13 (1r) (a) Subjecting whole blood, blood plasma, a blood product or a blood derivative to a an HIV test prior to distribution or use of the whole blood, blood plasma, blood product or blood derivative.

AB969, s. 25 Section 25. 252.13 (1r) (b) of the statutes is amended to read:

AB969,11,16 252.13 (1r) (b) Providing disclosure of HIV test results to the subject of the test.

AB969, s. 26 Section 26. 252.13 (2) of the statutes is amended to read:

AB969,11,22 252.13 (2) If performance of a test under sub. (1m) yields a positive, validated HIV test result positive for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV, the whole blood, blood plasma, blood product or blood derivative so tested with this result may not be distributed or used except for purposes of research or as provided under sub. (5).

AB969, s. 27 Section 27. 252.13 (3) of the statutes is amended to read:

AB969,12,2 252.13 (3) If a medical emergency, including a threat to the preservation of life of a potential donee, exists under which whole blood, blood plasma, a blood product, or a blood derivative that has been subjected to HIV testing under sub. (1m) is unavailable, the requirement of sub. (1m) shall not apply.

AB969, s. 28 Section 28. 252.13 (4) of the statutes is amended to read:

AB969,12,6 252.13 (4) Subsections (1m) and (2) do not apply to the extent that federal law or regulations require that a blood bank, blood center, or plasma center administer an HIV test to whole blood, blood plasma, a blood product, or a blood derivative.

AB969, s. 29 Section 29. 252.13 (5) of the statutes is amended to read:

AB969,12,16 252.13 (5) Whole blood, blood plasma, a blood product , or a blood derivative described under sub. (2) that is voluntarily donated solely for the purpose of an autologous transfusion may be distributed to or used by the person who has donated the whole blood, blood plasma, blood product, or blood derivative. No person other than the person who has donated the whole blood, blood plasma, blood product, or blood derivative may receive or use the whole blood, blood plasma, blood product, or blood derivative unless it has been subjected to a an HIV test under sub. (1m) and performance of the test has yielded a negative, validated HIV test result for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV.

AB969, s. 30 Section 30. 252.14 (2) (intro.) of the statutes is amended to read:

AB969,13,2 252.14 (2) (intro.) No health care provider, peace officer, fire fighter, correctional officer, state patrol officer, jailer or keeper of a jail or person designated with custodial authority by the jailer or keeper, home health agency, inpatient health care facility, or person who has access to a validated HIV test result may do any of the following with respect to an individual who has acquired immunodeficiency syndrome or has a positive, validated HIV test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV result, solely because the individual has HIV infection or an illness or medical condition that is caused by, arises from, or is related to HIV infection:

AB969, s. 31 Section 31. 252.14 (3) of the statutes is amended to read:

AB969,13,11 252.14 (3) A health care provider, home health agency , or inpatient health care facility that tests administers an HIV test to an individual for HIV infection shall provide counseling about HIV and referral for appropriate health care and support services as necessary. A health care provider, home health agency , or inpatient health care facility that treats an individual who has an HIV infection or acquired immunodeficiency syndrome shall develop and follow procedures that shall ensure continuity of care for the individual in the event that his or her condition exceeds the scope of licensure or certification of the provider, agency, or facility.

AB969, s. 32 Section 32. 252.14 (4) of the statutes is amended to read:

AB969,13,17 252.14 (4) Any person violating sub. (2) is liable to the patient for actual damages and costs, plus exemplary damages of up to $5,000 $10,000 for an intentional violation. In determining the amount of exemplary damages, a court shall consider the ability of a health care provider who is an individual to pay exemplary damages.

AB969, s. 33 Section 33. 252.15 (title) of the statutes is amended to read:

AB969,13,19 252.15 (title) Restrictions on use of a an HIV test for HIV.

AB969, s. 34 Section 34. 252.15 (1) (cw) of the statutes is created to read:

AB969,13,23 252.15 (1) (cw) "Informed consent for disclosure" means, under the requirements of sub. (3), consent by an individual to the disclosure to a specified person of the results of an HIV test that is administered to the individual consenting.

AB969, s. 35 Section 35. 252.15 (1) (d) of the statutes is amended to read:

AB969,14,7 252.15 (1) (d) "Informed consent for testing or disclosure" means consent in writing on an informed consent for testing or disclosure form, under the requirements of sub. (2) (b), oral consent or inferred consent by a person an individual to the administration of a an HIV test to him or her for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV or to the disclosure to another specified person of the results of a test administered to the person consenting.

AB969, s. 36 Section 36. 252.15 (1) (e) of the statutes is repealed.

AB969, s. 37 Section 37. 252.15 (2) (title) of the statutes is amended to read:

AB969,14,10 252.15 (2) (title) Informed consent for HIV testing or; certain disclosure.

AB969, s. 38 Section 38. 252.15 (2) (a) (intro.) of the statutes is amended to read:

AB969,14,17 252.15 (2) (a) (intro.) No health care provider, blood bank, blood center, or plasma center may subject a person an individual to a an HIV test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV unless if the subject of the test first provides has declined to provide informed consent for HIV testing or disclosure as specified under par. (b), except that informed consent to for HIV testing is not required under sub. (5m) or for any of the following:

AB969, s. 39 Section 39. 252.15 (2) (a) 1. of the statutes is amended to read:

AB969,15,7 252.15 (2) (a) 1. Except as provided in subd. 1g., a health care provider who procures, processes, distributes, or uses a human body part or human tissue donated as specified under s. 157.06 (6) (a) or (b) shall, without obtaining informed consent to the for HIV testing, have an HIV test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV performed on the donor in order to assure medical acceptability of the gift for the purpose intended. The health care provider shall use as a an HIV test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV a test or series of tests that the state epidemiologist finds medically significant and sufficiently reliable to detect the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV that yields a validated HIV test result. If the validated HIV test result of the donor from the test or series of tests performed is positive, the human body part or human tissue donated for use or proposed for donation may not be used, except as provided in par. (am) 1. d. or 2. b.

AB969, s. 40 Section 40. 252.15 (2) (a) 1g. of the statutes is amended to read:

AB969,15,13 252.15 (2) (a) 1g. If a medical emergency, as determined by the attending physician of a potential donee and including a threat to the preservation of life of the potential donee, exists under which a human body part or human tissue that has been subjected to HIV testing under subd. 1. is unavailable, the requirement of subd. 1. does not apply.

AB969, s. 41 Section 41. 252.15 (2) (a) 2. of the statutes is amended to read:

AB969,15,21 252.15 (2) (a) 2. The department, a laboratory certified under 42 USC 263a, or a health care provider, blood bank, blood center, or plasma center may, for the purpose of research and without first obtaining written informed consent to the for HIV testing, subject any body fluids or tissues to a an HIV test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV if the testing is performed in a manner by which the identity of the test subject is not known and may not be retrieved by the researcher.

AB969, s. 42 Section 42. 252.15 (2) (a) 3. of the statutes is renumbered 252.15 (2) (a) 3. (intro.) and amended to read:

AB969,16,8 252.15 (2) (a) 3. (intro.) The medical director of a center for the developmentally disabled, as defined in s. 51.01 (3), or a mental health institute, as defined in s. 51.01 (12), may, without obtaining informed consent to the for HIV testing, subject a resident or patient of the center or institute to a an HIV test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV if he or she determines that the conduct of the resident or patient poses a significant risk of transmitting HIV to another resident or patient of the center or institute. The medical director shall provide the HIV test subject and the test subject's guardian, if the HIV test subject is an individual found incompetent in this state, with all of the following:

AB969, s. 43 Section 43. 252.15 (2) (a) 4. of the statutes is amended to read:

AB969,16,13 252.15 (2) (a) 4. A health care provider may subject an individual to a an HIV test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV, without obtaining informed consent to the for HIV testing from the individual, if all of the following apply:

AB969,16,16 a. The individual has been adjudicated incompetent in this state, is under 14 years of age, or is unable to give informed consent for HIV testing because he or she is unable to communicate due to a medical condition.

AB969,16,23 b. The health care provider obtains informed consent for the HIV testing from the individual's guardian, if the individual is adjudicated incompetent in this state; from the individual's parent or, guardian , or legal custodian, if the individual is under 14 years of age; or from the individual's closest living relative or another with whom the individual has a meaningful social and emotional relationship , if the individual is not a minor nor adjudicated incompetent but is unable to communicate due to a medical condition.

AB969, s. 44 Section 44. 252.15 (2) (a) 6. of the statutes is amended to read:

AB969,17,8 252.15 (2) (a) 6. A health care professional acting under an order of the court under subd. 7. or s. 938.296 (4) or (5) or 968.38 (4) or (5) may, without first obtaining informed consent to the for HIV testing, subject an individual to a an HIV test or a series of tests to detect the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV. No sample used for laboratory test purposes under this subdivision may disclose the name of the HIV test subject, and, notwithstanding sub. (4) (c), the HIV test results may not be made part of the individual's permanent medical record.

AB969, s. 45 Section 45. 252.15 (2) (a) 7. a. of the statutes is amended to read:

AB969,18,5 252.15 (2) (a) 7. a. If all of the conditions under subd. 7. ai. to c. are met, an emergency medical technician; first responder; fire fighter; peace officer; correctional officer; person who is employed at a juvenile correctional facility, as defined in s. 938.02 (10p), or a secured residential care center for children and youth, as defined in s. 938.02 (15g); state patrol officer; jailer, keeper of a jail, or person designated with custodial authority by the jailer or keeper, during the course of providing care or services to an individual; a peace officer, correctional officer, state patrol officer, jailer, or keeper of a jail, or person designated with custodial authority by the jailer or keeper, while searching or arresting an individual or while controlling or transferring an individual in custody; a health care provider or an employee of a health care provider, during the course of providing care or treatment to an individual or handling or processing specimens of body fluids or tissues of an individual; a staff member of a state crime laboratory, during the course of handling or processing specimens of body fluids or tissues of an individual; social worker; or an employee of a school district, cooperative educational service agency, charter school, private school, the Wisconsin Educational Services Program for the Deaf and Hard of Hearing, or the Wisconsin Center for the Blind and Visually Impaired, while performing employment duties involving an individual; who is significantly exposed to the individual may subject the individual's blood to a an HIV test or a series of tests for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV and may receive disclosure of the results.

AB969, s. 46 Section 46. 252.15 (2) (a) 7. ak. of the statutes is amended to read:

AB969,18,20 252.15 (2) (a) 7. ak. A physician or advanced practice nurse prescriber, based on information provided to the physician or advanced practice nurse prescriber, determines and certifies in writing that the affected person has been significantly exposed. The certification shall accompany the request for HIV testing and disclosure. If the affected person who is significantly exposed is a physician or advanced practice nurse prescriber, he or she may not make this determination or certification. The information that is provided to a physician or advanced practice nurse prescriber to document the occurrence of a significant exposure and the physician's or advanced practice nurse prescriber's certification that an affected person has been significantly exposed, under this subd. 7. ak., shall be provided on a report form that is developed by the department of commerce under s. 101.02 (19) (a) or on a report form that the department of commerce determines, under s. 101.02 (19) (b), is substantially equivalent to the report form that is developed under s. 101.02 (19) (a).

AB969, s. 47 Section 47. 252.15 (2) (a) 7. am. of the statutes is amended to read:

AB969,19,2 252.15 (2) (a) 7. am. The affected person submits to a an HIV test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV, as soon as feasible or within a time period established by the department after consulting guidelines of the centers for disease control of the federal public health service, whichever is earlier.

AB969, s. 48 Section 48. 252.15 (2) (a) 7. ap. of the statutes is amended to read:

AB969,19,6 252.15 (2) (a) 7. ap. Except as provided in subd. 7. av. to c., the HIV test is performed on blood that is drawn for a purpose other than HIV testing for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV.

AB969, s. 49 Section 49. 252.15 (2) (a) 7. ar. of the statutes is amended to read:

AB969,19,10 252.15 (2) (a) 7. ar. The individual, if capable of consenting, has been given an opportunity to be tested with his or her provide informed consent for HIV testing and has not consented declined.

AB969, s. 50 Section 50. 252.15 (2) (a) 7. at. of the statutes is amended to read:

AB969,19,20 252.15 (2) (a) 7. at. The individual has been informed that an HIV test may be performed on his or her blood may be tested for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV; that the test results may be disclosed to no one, including that individual, without his or her consent, except to the person who is certified to have been significantly exposed; that, if the person knows the identity of the individual, he or she may not disclose the identity to any other person except for the purpose of having the test or series of tests performed; and that a record may be kept of the test results only if the record does not reveal the individual's identity.

AB969, s. 51 Section 51. 252.15 (2) (a) 7. av. of the statutes is amended to read:

AB969,20,4 252.15 (2) (a) 7. av. If blood that is specified in subd. 7. ap. is unavailable, the person who is certified under subd. 7. ak. to have been significantly exposed may request the district attorney to apply to the circuit court for his or her county to order the individual to submit to a an HIV test or a series of tests for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV and to disclose the results to that person. The person who is certified under subd. 7. ak. to have been significantly exposed shall accompany the request with the certification under subd. 7. ak.

AB969, s. 52 Section 52. 252.15 (2) (a) 7. b. of the statutes is amended to read:

AB969,20,11 252.15 (2) (a) 7. b. Upon receipt of a request and certification under the requirements of this subdivision, a district attorney shall, as soon as possible so as to enable the court to provide timely notice, apply to the circuit court for his or her county to order the individual to submit to a an HIV test or a series of tests as specified in subd. 7. a., administered by a health care professional, and to disclose the results of the test or tests as specified in subd. 7. c.

AB969, s. 53 Section 53. 252.15 (2) (a) 7. c. of the statutes is amended to read:

AB969,21,3 252.15 (2) (a) 7. c. The court shall set a time for a hearing on the matter under subd. 7. a. within 20 days after receipt of a request under subd. 7. b. The court shall give the district attorney and the individual from whom a an HIV test is sought notice of the hearing at least 72 hours prior to the hearing. The individual may have counsel at the hearing, and counsel may examine and cross-examine witnesses. If the court finds probable cause to believe that the individual has significantly exposed the affected person, the court shall, except as provided in subd. 7. d., order the individual to submit to a an HIV test or a series of tests for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV. The . Notwithstanding subs. (3) and (5) (a) (intro.), the court shall require the health care professional who performs the HIV test or series of tests to refrain from disclosing the test results to the individual and to disclose the test results to the affected person and his or her health care professional and authorize the health care professional to disclose the test results to the individual, if he or she consents, and to anyone authorized by the individual. No sample used for laboratory test purposes under this subd. 7. c. may disclose the name of the HIV test subject.

AB969, s. 54 Section 54. 252.15 (2) (a) 7. d. of the statutes is amended to read:

AB969,21,7 252.15 (2) (a) 7. d. The court is not required to order the individual to submit to a an HIV test under subd. 7. c. if the court finds substantial reason relating to the life or health of the individual not to do so and states the reason on the record.

AB969, s. 55 Section 55. 252.15 (2) (a) 7m. of the statutes is amended to read:

AB969,21,16 252.15 (2) (a) 7m. The test results of an individual under subd. 7. may be disclosed only to the individual, if he or she so consents, to anyone authorized by the individual and to the affected person who was certified to have been significantly exposed. A record may be retained of the HIV test results of an individual under subd. 7. only if the record does not reveal the individual's identity. If the affected person knows the identity of the individual whose blood was tested, he or she may not disclose the identity to any other person except, notwithstanding subs. (3) and (5) (a) (intro.), for the purpose of having the HIV test or series of tests performed.

AB969, s. 56 Section 56. 252.15 (2) (am) 1. of the statutes is renumbered 252.15 (2) (am) 1. a. and amended to read:

AB969,22,8 252.15 (2) (am) 1. a. A health care provider who procures, processes, distributes or uses donated human sperm donated as specified under s. 157.06 (6) (a) or (b) shall, prior to the distribution or use and with after obtaining informed consent under the requirements of par. (b), test for HIV testing unless par. (a) 1. applies, have the proposed donor for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV administered an HIV test in order to assure medical acceptability of the gift for the purpose intended. The health care provider shall use as a test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV a test or series of tests that the state epidemiologist finds medically significant and sufficiently reliable under s. 252.13 (1r) to detect the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV. The Except as provided under subd. 1. b., the health care provider shall test have the donor tested initially and, if the initial test result is negative, shall perform have performed a 2nd test on a date that is not less than 180 days from the date of the procurement of the sperm. No person may use the donated

AB969,22,12 c. Donated sperm that is not donated as specified under s. 157.06 (6) (a) or (b) or that is not from a donor known to the donee who has provided a waiver under subd. 1. b. may not be distributed or used until the health care provider has obtained the results of the 2nd test under subd. 1. a.

AB969,22,20 d. If any validated HIV test result of the donor for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV is positive, the sperm donated for use may not be used and, if donated, shall be destroyed, except that, if the donation is from a donor known to the donee, the donee may use the donation if, after the health care provider, notwithstanding subs. (3) and (5) (a) (intro.), informs the donee of the potential medical risks associated with the use, the donee provides informed consent to the use, and if the health care provider provides prophylactic treatments of the donation and appropriate follow-up testing to the donee.

AB969, s. 57 Section 57. 252.15 (2) (am) 1. b. of the statutes is created to read:

AB969,23,2 252.15 (2) (am) 1. b. A 2nd test need not be performed under subd. 1. a. if the sperm is donated as specified under s. 157.06 (6) (a) or (b); or if the donation is from a donor known to the donee and, notwithstanding subs. (3) and (5) (a) (intro.), the donee waives, in a written statement provided to the health care provider, performance of the 2nd test.

AB969, s. 58 Section 58. 252.15 (2) (am) 2. of the statutes is renumbered 252.15 (2) (am) 2. a. and amended to read:

AB969,23,12 252.15 (2) (am) 2. a. A health care provider who procures, processes, distributes or uses donated human ova donated as specified under s. 157.06 (6) (a) or (b) or fertilized human ova shall, prior to the distribution or use and with after obtaining informed consent under the requirements of par. (b), test for HIV testing unless par. (a) 1. applies, have the proposed donor for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV or, for fertilized ova, donors, administered an HIV test in order to assure medical acceptability of the gift for the purpose intended.

AB969, s. 59 Section 59. 252.15 (2) (am) 2. b. of the statutes is created to read:

AB969,23,21 252.15 (2) (am) 2. b. If any validated HIV test result of the donor under subd. 2. a. is positive, the ova or fertilized ova donated for use may not be used and shall be destroyed, except that, if the donation is from a donor, or, for fertilized ova, donors, known to the donee, the donee may use the donation if, after the health care provider, notwithstanding subs. (3) and (5) (a) (intro.), informs the donee of the potential medical risks associated with the use, the donee provides informed consent to the use, and if the health care provider provides prophylactic treatments of the donation and appropriate follow-up testing to the donee.

AB969, s. 60 Section 60. 252.15 (2) (b) (intro.) of the statutes is renumbered 252.15 (2) (b) and amended to read:

AB969,24,13 252.15 (2) (b) The A health care provider, blood bank, blood center, or plasma center that subjects a person to a an HIV test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV under pars. (a) and (am) shall, in instances under those paragraphs in which informed consent for HIV testing is required, provide first orally inform the potential HIV test subject with an informed consent form for testing or disclosure that shall contain the following information and on the form shall obtain the potential test subject's signature or may, if the potential test subject has executed a power of attorney for health care instrument under ch. 155 and has been found to be incapacitated under s. 155.05 (2), instead obtain the signature of the health care agent: that, as a routine part of medical care, the test will be performed unless the potential test subject or, if applicable, agent declines to provide consent. The potential HIV test subject or agent may orally consent or, if the test subject or agent does not so decline, the health care provider, blood bank, blood center, or plasma center may infer that the potential test subject or agent has given informed consent for testing.

AB969, s. 61 Section 61. 252.15 (2) (b) 1. of the statutes is repealed.

AB969, s. 62 Section 62. 252.15 (2) (b) 2. of the statutes is renumbered 252.15 (3) (c) and amended to read:

AB969,24,21 252.15 (3) (c) A Provide to the individual a statement of explanation to the potential HIV test subject that the HIV test results may be disclosed as specified under sub. (5) (a) and either a listing that duplicates the persons or circumstances specified under sub. (5) (a) 2. to 19. 20. or a statement that the listing is available upon request.