AB969, s. 36
8Section
36. 252.15 (1) (e) of the statutes is repealed.
AB969, s. 37
9Section
37. 252.15 (2) (title) of the statutes is amended to read:
AB969,14,1010
252.15
(2) (title)
Informed consent for
HIV testing or; certain disclosure.
AB969, s. 38
11Section
38. 252.15 (2) (a) (intro.) of the statutes is amended to read:
AB969,14,1712
252.15
(2) (a) (intro.) No health care provider, blood bank, blood center
, or
13plasma center may subject
a person an individual to
a an HIV test
for the presence
14of HIV, antigen or nonantigenic products of HIV or an antibody to HIV unless if the
15subject of the test first
provides has declined to provide informed consent for
HIV 16testing
or disclosure as specified under par. (b), except that
informed consent
to
for
17HIV testing is not required
under sub. (5m) or for any of the following:
AB969, s. 39
18Section
39. 252.15 (2) (a) 1. of the statutes is amended to read:
AB969,15,719
252.15
(2) (a) 1. Except as provided in subd. 1g., a health care provider who
20procures, processes, distributes
, or uses a human body part or human tissue donated
21as specified under s. 157.06 (6) (a) or (b) shall, without obtaining
informed consent
22to the for HIV testing,
have an HIV test
for the presence of HIV, antigen or
23nonantigenic products of HIV or an antibody to HIV performed on the donor in order
24to assure medical acceptability of the gift for the purpose intended. The health care
25provider shall use
as a an HIV test
for the presence of HIV, antigen or nonantigenic
1products of HIV or an antibody to HIV a test or series of tests that the state
2epidemiologist finds medically significant and sufficiently reliable to detect the
3presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV that
4yields a validated HIV test result. If the validated
HIV test result of the donor from
5the test or series of tests performed is positive, the human body part or human tissue
6donated for use or proposed for donation may not be used
, except as provided in par.
7(am) 1. d. or 2. b.
AB969, s. 40
8Section
40. 252.15 (2) (a) 1g. of the statutes is amended to read:
AB969,15,139
252.15
(2) (a) 1g. If a medical emergency, as determined by the attending
10physician of a potential donee and including a threat to the preservation of life of the
11potential donee, exists under which a human body part or human tissue that has
12been subjected to
HIV testing under subd. 1. is unavailable, the requirement of subd.
131. does not apply.
AB969, s. 41
14Section
41. 252.15 (2) (a) 2. of the statutes is amended to read:
AB969,15,2115
252.15
(2) (a) 2. The department, a laboratory certified under
42 USC 263a, or
16a health care provider, blood bank, blood center
, or plasma center may, for the
17purpose of research and without first obtaining
written informed consent
to the for 18HIV testing, subject any body fluids or tissues to
a an HIV test
for the presence of
19HIV, antigen or nonantigenic products of HIV or an antibody to HIV if the testing is
20performed in a manner by which the identity of the test subject is not known and may
21not be retrieved by the researcher.
AB969, s. 42
22Section
42. 252.15 (2) (a) 3. of the statutes is renumbered 252.15 (2) (a) 3.
23(intro.) and amended to read:
AB969,16,824
252.15
(2) (a) 3. (intro.) The medical director of a center for the developmentally
25disabled, as defined in s. 51.01 (3), or a mental health institute, as defined in s. 51.01
1(12), may, without obtaining
informed consent
to the for HIV testing, subject a
2resident or patient of the center or institute to
a
an HIV test
for the presence of HIV,
3antigen or nonantigenic products of HIV or an antibody to HIV if he or she
4determines that the conduct of the resident or patient poses a significant risk of
5transmitting HIV to another resident or patient of the center or institute.
The
6medical director shall provide the HIV test subject and the test subject's guardian,
7if the HIV test subject is an individual found incompetent in this state, with all of the
8following:
AB969, s. 43
9Section
43. 252.15 (2) (a) 4. of the statutes is amended to read:
AB969,16,1310
252.15
(2) (a) 4. A health care provider may subject an individual to
a an HIV 11test
for the presence of HIV, antigen or nonantigenic products of HIV or an antibody
12to HIV, without obtaining
informed consent
to the for HIV testing from the
13individual, if all of the following apply:
AB969,16,1614
a. The individual has been adjudicated incompetent in this state, is under 14
15years of age
, or is unable to give
informed consent
for HIV testing because he or she
16is unable to communicate due to a medical condition.
AB969,16,2317
b. The health care provider obtains
informed consent for
the HIV testing from
18the individual's guardian, if the individual is adjudicated incompetent in this state;
19from the individual's parent
or, guardian
, or legal custodian, if the individual is
20under 14 years of age; or from the individual's closest living relative or another with
21whom the individual has a meaningful social and emotional relationship
, if the
22individual is not a minor nor adjudicated incompetent
but is unable to communicate
23due to a medical condition.
AB969, s. 44
24Section
44. 252.15 (2) (a) 6. of the statutes is amended to read:
AB969,17,8
1252.15
(2) (a) 6. A health care professional acting under an order of the court
2under subd. 7. or s. 938.296 (4) or (5) or 968.38 (4) or (5) may, without first obtaining
3informed consent
to the for HIV testing, subject an individual to
a an HIV test
or
4a series of tests to detect the presence of HIV, antigen or nonantigenic products of
5HIV or an antibody to HIV. No sample used for laboratory test purposes under this
6subdivision may disclose the name of the
HIV test subject, and
, notwithstanding sub.
7(4) (c), the
HIV test results may not be made part of the individual's permanent
8medical record.
AB969, s. 45
9Section
45. 252.15 (2) (a) 7. a. of the statutes is amended to read:
AB969,18,510
252.15
(2) (a) 7. a. If all of the conditions under subd. 7. ai. to c. are met, an
11emergency medical technician; first responder; fire fighter; peace officer;
12correctional officer; person who is employed at a juvenile correctional facility, as
13defined in s. 938.02 (10p), or a secured residential care center for children and youth,
14as defined in s. 938.02 (15g); state patrol officer; jailer, keeper of a jail, or person
15designated with custodial authority by the jailer or keeper, during the course of
16providing care or services to an individual; a peace officer, correctional officer, state
17patrol officer, jailer, or keeper of a jail, or person designated with custodial authority
18by the jailer or keeper, while searching or arresting an individual or while controlling
19or transferring an individual in custody; a health care provider or an employee of a
20health care provider, during the course of providing care or treatment to an
21individual or handling or processing specimens of body fluids or tissues of an
22individual; a staff member of a state crime laboratory, during the course of handling
23or processing specimens of body fluids or tissues of an individual; social worker; or
24an employee of a school district, cooperative educational service agency, charter
25school, private school, the Wisconsin Educational Services Program for the Deaf and
1Hard of Hearing, or the Wisconsin Center for the Blind and Visually Impaired, while
2performing employment duties involving an individual; who is significantly exposed
3to the individual may subject the individual's blood to
a an HIV test
or a series of
4tests for the presence of HIV, antigen or nonantigenic products of HIV or an antibody
5to HIV and may receive disclosure of the results.
AB969, s. 46
6Section
46. 252.15 (2) (a) 7. ak. of the statutes is amended to read:
AB969,18,207
252.15
(2) (a) 7. ak. A physician or advanced practice nurse prescriber, based
8on information provided to the physician or advanced practice nurse prescriber,
9determines and certifies in writing that the affected person has been significantly
10exposed. The certification shall accompany the request for
HIV testing and
11disclosure. If the affected person who is significantly exposed is a physician or
12advanced practice nurse prescriber, he or she may not make this determination or
13certification. The information that is provided to a physician or advanced practice
14nurse prescriber to document the occurrence of a significant exposure and the
15physician's or advanced practice nurse prescriber's certification that an affected
16person has been significantly exposed, under this subd. 7. ak., shall be provided on
17a report form that is developed by the department of commerce under s. 101.02 (19)
18(a) or on a report form that the department of commerce determines, under s. 101.02
19(19) (b), is substantially equivalent to the report form that is developed under s.
20101.02 (19) (a).
AB969, s. 47
21Section
47. 252.15 (2) (a) 7. am. of the statutes is amended to read:
AB969,19,222
252.15
(2) (a) 7. am. The affected person submits to
a an HIV test
for the
23presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV, as
24soon as feasible or within a time period established by the department after
1consulting guidelines of the centers for disease control of the federal public health
2service, whichever is earlier.
AB969, s. 48
3Section
48. 252.15 (2) (a) 7. ap. of the statutes is amended to read:
AB969,19,64
252.15
(2) (a) 7. ap. Except as provided in subd. 7. av. to c., the
HIV test is
5performed on blood that is drawn for a purpose other than
HIV testing
for the
6presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV.
AB969, s. 49
7Section
49. 252.15 (2) (a) 7. ar. of the statutes is amended to read:
AB969,19,108
252.15
(2) (a) 7. ar. The individual, if capable of consenting, has been given an
9opportunity to
be tested with his or her provide informed consent
for HIV testing and
10has
not consented declined.
AB969, s. 50
11Section
50. 252.15 (2) (a) 7. at. of the statutes is amended to read:
AB969,19,2012
252.15
(2) (a) 7. at. The individual has been informed that
an HIV test may be
13performed on his or her blood
may be tested for the presence of HIV, antigen or
14nonantigenic products of HIV or an antibody to HIV; that the test results may be
15disclosed to no one, including that individual, without his or her consent, except to
16the person who is certified to have been significantly exposed; that, if the person
17knows the identity of the individual, he or she may not disclose the identity to any
18other person except for the purpose of having the test
or series of tests performed;
19and that a record may be kept of the test results only if the record does not reveal the
20individual's identity.
AB969, s. 51
21Section
51. 252.15 (2) (a) 7. av. of the statutes is amended to read:
AB969,20,422
252.15
(2) (a) 7. av. If blood that is specified in subd. 7. ap. is unavailable, the
23person who is certified under subd. 7. ak. to have been significantly exposed may
24request the district attorney to apply to the circuit court for his or her county to order
25the individual to submit to
a an HIV test
or a series of tests for the presence of HIV,
1antigen or nonantigenic products of HIV or an antibody to HIV and to disclose the
2results to that person. The person who is certified under subd. 7. ak. to have been
3significantly exposed shall accompany the request with the certification under subd.
47. ak.
AB969, s. 52
5Section
52. 252.15 (2) (a) 7. b. of the statutes is amended to read:
AB969,20,116
252.15
(2) (a) 7. b. Upon receipt of a request and certification under the
7requirements of this subdivision, a district attorney shall, as soon as possible so as
8to enable the court to provide timely notice, apply to the circuit court for his or her
9county to order the individual to submit to
a an HIV test
or a series of tests as
10specified in subd. 7. a., administered by a health care professional, and to disclose
11the results of the test
or tests as specified in subd. 7. c.
AB969, s. 53
12Section
53. 252.15 (2) (a) 7. c. of the statutes is amended to read:
AB969,21,313
252.15
(2) (a) 7. c. The court shall set a time for a hearing on the matter under
14subd. 7. a. within 20 days after receipt of a request under subd. 7. b. The court shall
15give the district attorney and the individual from whom
a an HIV test is sought
16notice of the hearing at least 72 hours prior to the hearing. The individual may have
17counsel at the hearing, and counsel may examine and cross-examine witnesses. If
18the court finds probable cause to believe that the individual has significantly exposed
19the affected person, the court shall, except as provided in subd. 7. d., order the
20individual to submit to
a an HIV test
or a series of tests for the presence of HIV,
21antigen or nonantigenic products of HIV or an antibody to HIV. The
.
22Notwithstanding subs. (3) and (5) (a) (intro.), the court shall require the health care
23professional who performs the
HIV test
or series of tests to refrain from disclosing
24the test results to the individual and to disclose the test results to the affected person
25and his or her health care professional
and authorize the health care professional to
1disclose the test results to the individual, if he or she consents, and to anyone
2authorized by the individual. No sample used for laboratory test purposes under this
3subd. 7. c. may disclose the name of the
HIV test subject.
AB969, s. 54
4Section
54. 252.15 (2) (a) 7. d. of the statutes is amended to read:
AB969,21,75
252.15
(2) (a) 7. d. The court is not required to order the individual to submit
6to
a an HIV test under subd. 7. c. if the court finds substantial reason relating to
7the life or health of the individual not to do so and states the reason on the record.
AB969, s. 55
8Section
55. 252.15 (2) (a) 7m. of the statutes is amended to read:
AB969,21,169
252.15
(2) (a) 7m.
The test results of an individual under subd. 7. may be
10disclosed only to the individual, if he or she so consents, to anyone authorized by the
11individual and to the affected person who was certified to have been significantly
12exposed. A record may be retained of the
HIV test results
of an individual under
13subd. 7. only if the record does not reveal the individual's identity. If the affected
14person knows the identity of the individual whose blood was tested, he or she may
15not disclose the identity to any other person except
, notwithstanding subs. (3) and
16(5) (a) (intro.), for the purpose of having the
HIV test
or series of tests performed.
AB969, s. 56
17Section
56. 252.15 (2) (am) 1. of the statutes is renumbered 252.15 (2) (am)
181. a. and amended to read:
AB969,22,819
252.15
(2) (am) 1. a. A health care provider who procures, processes, distributes
20or uses
donated human sperm
donated as specified under s. 157.06 (6) (a) or (b) shall,
21prior to the distribution or use and with after obtaining informed consent
under the
22requirements of par. (b), test for HIV testing unless par. (a) 1. applies, have the
23proposed donor
for the presence of HIV, antigen or nonantigenic products of HIV or
24an antibody to HIV administered an HIV test in order to assure medical acceptability
25of the gift for the purpose intended.
The health care provider shall use as a test for
1the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV
2a test or series of tests that the state epidemiologist finds medically significant and
3sufficiently reliable under s. 252.13 (1r) to detect the presence of HIV, antigen or
4nonantigenic products of HIV or an antibody to HIV. The Except as provided under
5subd. 1. b., the health care provider shall
test
have the donor
tested initially and, if
6the initial test result is negative, shall
perform
have performed a 2nd test on a date
7that is not less than 180 days from the date of the procurement of the sperm.
No
8person may use the donated
AB969,22,12
9c. Donated sperm
that is not donated as specified under s. 157.06 (6) (a) or (b)
10or that is not from a donor known to the donee who has provided a waiver under subd.
111. b. may not be distributed or used until the health care provider has obtained the
12results of the 2nd test
under subd. 1. a.
AB969,22,20
13d. If any validated
HIV test result of the donor
for the presence of HIV, antigen
14or nonantigenic products of HIV or an antibody to HIV is positive, the sperm donated
15for use may not be used and
, if donated, shall be destroyed
, except that, if the
16donation is from a donor known to the donee, the donee may use the donation if, after
17the health care provider, notwithstanding subs. (3) and (5) (a) (intro.), informs the
18donee of the potential medical risks associated with the use, the donee provides
19informed consent to the use, and if the health care provider provides prophylactic
20treatments of the donation and appropriate follow-up testing to the donee.
AB969, s. 57
21Section
57. 252.15 (2) (am) 1. b. of the statutes is created to read:
AB969,23,222
252.15
(2) (am) 1. b. A 2nd test need not be performed under subd. 1. a. if the
23sperm is donated as specified under s. 157.06 (6) (a) or (b); or if the donation is from
24a donor known to the donee and, notwithstanding subs. (3) and (5) (a) (intro.), the
1donee waives, in a written statement provided to the health care provider,
2performance of the 2nd test.
AB969, s. 58
3Section
58. 252.15 (2) (am) 2. of the statutes is renumbered 252.15 (2) (am)
42. a. and amended to read:
AB969,23,125
252.15
(2) (am) 2. a. A health care provider who procures, processes, distributes
6or uses
donated human ova
donated as specified under s. 157.06 (6) (a) or (b) or
7fertilized human ova shall, prior to the distribution or use and
with after obtaining 8informed consent
under the requirements of par. (b), test for HIV testing unless par.
9(a) 1. applies, have the
proposed donor
for the presence of HIV, antigen or
10nonantigenic products of HIV or an antibody to HIV or, for fertilized ova, donors,
11administered an HIV test in order to assure medical acceptability of the gift for the
12purpose intended.
AB969, s. 59
13Section
59. 252.15 (2) (am) 2. b. of the statutes is created to read:
AB969,23,2114
252.15
(2) (am) 2. b. If any validated HIV test result of the donor under subd.
152. a. is positive, the ova or fertilized ova donated for use may not be used and shall
16be destroyed, except that, if the donation is from a donor, or, for fertilized ova, donors,
17known to the donee, the donee may use the donation if, after the health care provider,
18notwithstanding subs. (3) and (5) (a) (intro.), informs the donee of the potential
19medical risks associated with the use, the donee provides informed consent to the
20use, and if the health care provider provides prophylactic treatments of the donation
21and appropriate follow-up testing to the donee.
AB969, s. 60
22Section
60. 252.15 (2) (b) (intro.) of the statutes is renumbered 252.15 (2) (b)
23and amended to read:
AB969,24,1324
252.15
(2) (b)
The A health care provider, blood bank, blood center
, or plasma
25center that subjects a person to
a an HIV test
for the presence of HIV, antigen or
1nonantigenic products of HIV or an antibody to HIV under pars. (a) and (am) shall,
2in instances under those paragraphs in which
informed consent
for HIV testing is
3required,
provide first orally inform the potential
HIV test subject
with an informed
4consent form for testing or disclosure that shall contain the following information
5and on the form shall obtain the potential test subject's signature or
may, if the
6potential test subject has executed a power of attorney for health care instrument
7under ch. 155 and has been found to be incapacitated under s. 155.05 (2),
instead
8obtain the signature of the health care agent
:
that, as a routine part of medical care,
9the test will be performed unless the potential test subject or, if applicable, agent
10declines to provide consent. The potential HIV test subject or agent may orally
11consent or, if the test subject or agent does not so decline, the health care provider,
12blood bank, blood center, or plasma center may infer that the potential test subject
13or agent has given informed consent for testing.
AB969, s. 61
14Section
61. 252.15 (2) (b) 1. of the statutes is repealed.
AB969, s. 62
15Section
62. 252.15 (2) (b) 2. of the statutes is renumbered 252.15 (3) (c) and
16amended to read:
AB969,24,2117
252.15
(3) (c)
A Provide to the individual a statement of explanation to the
18potential
HIV test subject that the
HIV test results may be disclosed as specified
19under sub. (5) (a) and either a listing that duplicates the persons or circumstances
20specified under sub. (5) (a) 2. to
19. 20. or a statement that the listing is available
21upon request.
AB969, s. 63
22Section
63. 252.15 (2) (b) 3. of the statutes is repealed.
AB969, s. 64
23Section
64. 252.15 (2) (bm) (intro.) of the statutes is repealed.
AB969, s. 65
24Section
65. 252.15 (2) (bm) 1. of the statutes is renumbered 252.15 (2) (a) 3.
25a. and amended to read:
AB969,25,2
1252.15
(2) (a) 3. a. A statement of explanation concerning the
HIV test that was
2performed, the date of performance of the test and the test results.
AB969, s. 66
3Section
66. 252.15 (2) (bm) 2. of the statutes is renumbered 252.15 (2) (a) 3.
4b. and amended to read:
AB969,25,85
252.15
(2) (a) 3. b. A statement of explanation that the
HIV test results may
6be disclosed as specified under sub. (5) (a) and either a listing that duplicates the
7persons or circumstances specified under sub. (5) (a) 2. to
18. 21. or a statement that
8the listing is available upon request.
AB969, s. 67
9Section
67. 252.15 (3) of the statutes is repealed and recreated to read:
AB969,25,1210
252.15
(3) Informed consent for disclosure; refusal of disclosure. A health
11care provider, blood bank, blood center, or plasma center that subjects an individual
12to an HIV test under sub. (2) (a) or (am) shall do all of the following:
AB969,25,1613
(a) Inform the individual or, if the individual has executed a power of attorney
14for health care instrument under ch. 155 and has been found to be incapacitated
15under s. 155.05 (2), the individual's health care agent that, except as provided under
16sub. (5), the individual or health care agent has the right to do all of the following:
AB969,25,1917
1. Identify persons to whom the individual or health care agent authorizes that
18HIV test results may be disclosed and the time period in which disclosure may be
19made.
AB969,25,2120
2. Identify persons to whom HIV test results may not be disclosed and the time
21period for refusal of disclosure.
AB969,25,2322
(b) Furnish the means by which the individual or the health care agent may
23indicate his or her authorization under par. (a) 1., refusal under par. (a) 2., or both.
AB969, s. 68
24Section
68. 252.15 (4) (intro.) of the statutes is amended to read:
AB969,26,5
1252.15
(4) Record maintenance. (intro.) A health care provider, blood bank,
2blood center
, or plasma center that obtains from
a person an individual a specimen
3of body fluids or tissues for the purpose of
testing for the presence of HIV, antigen or
4nonantigenic products of HIV or an antibody to HIV an HIV test shall
maintain in
5the individual's health care record all of the following:
AB969, s. 69
6Section
69. 252.15 (4) (a) of the statutes is repealed.
AB969, s. 70
7Section
70. 252.15 (4) (b) of the statutes is amended to read:
AB969,26,98
252.15
(4) (b)
Maintain a A record of the
informed consent
received or refusal
9of consent made under
par. (a) sub. (2) (b).
AB969, s. 71
10Section
71. 252.15 (4) (bm) of the statutes is created to read:
AB969,26,1211
252.15
(4) (bm) A record of any persons identified by the individual under sub.
12(3) (a) 1. or 2.
AB969, s. 72
13Section
72. 252.15 (4) (c) of the statutes is amended to read:
AB969,26,1814
252.15
(4) (c)
Maintain Except for a record made under the circumstances
15described in sub. (2) (a) 6. or 7m., 938.296 (4) (intro.) or (5) (intro.), or s. 968.38 (4)
16(intro.) or (5) (intro.), a record of the
HIV test results obtained.
A record that is made
17under the circumstances described in sub. (2) (a) 7m. may not reveal the identity of
18the test subject.
AB969, s. 73
19Section
73. 252.15 (5) (title) of the statutes is repealed and recreated to read:
AB969,26,2020
252.15
(5) (title)
HIV test confidentiality; exceptions.
AB969, s. 74
21Section
74. 252.15 (5) (a) (intro.) of the statutes is amended to read:
AB969,27,522
252.15
(5) (a) (intro.) An individual who is the subject of
a an HIV test
for the
23presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV or
24the individual's health care agent, if the individual has executed a power of attorney
25for health care instrument under ch. 155 and has been found to be incapacitated
1under s. 155.05 (2), may disclose the results of the individual's test to anyone. A
2person who is neither the individual nor the individual's health care agent may not,
3unless he or she is specifically authorized
under sub. (3) by the individual
or health
4care agent to do so, disclose the individual's
HIV test results except to the following
5persons or under the following circumstances:
AB969, s. 75
6Section
75. 252.15 (5) (a) 1. of the statutes is amended to read:
AB969,27,97
252.15
(5) (a) 1. To the subject of the
HIV test and, if the test subject has
8executed a power of attorney for health care instrument under ch. 155 and has been
9found to be incapacitated under s. 155.05 (2), the
test subject's health care agent.
AB969, s. 76
10Section
76. 252.15 (5) (a) 2. of the statutes is amended to read:
AB969,27,1311
252.15
(5) (a) 2. To a health care provider who provides care to
the subject of 12the
HIV test
subject, including those instances in which a health care provider
13provides emergency care to the subject.
AB969, s. 77
14Section
77. 252.15 (5) (a) 4. (intro.) of the statutes is amended to read:
AB969,27,1615
252.15
(5) (a) 4. (intro.) To a blood bank, blood center or plasma center that
16subjects a person to
a an HIV test under sub. (2) (a), for any of the following purposes:
AB969, s. 78
17Section
78. 252.15 (5) (a) 4. a. of the statutes is amended to read:
AB969,27,1918
252.15
(5) (a) 4. a. Determining the medical acceptability of blood or plasma
19secured from the
HIV test subject.