AB969: Bill Text

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.

AB969, s. 63 Section 63. 252.15 (2) (b) 3. of the statutes is repealed.

AB969, s. 64 Section 64. 252.15 (2) (bm) (intro.) of the statutes is repealed.

AB969, s. 65 Section 65. 252.15 (2) (bm) 1. of the statutes is renumbered 252.15 (2) (a) 3. a. and amended to read:

AB969,25,2 252.15 (2) (a) 3. a. A statement of explanation concerning the HIV test that was performed, the date of performance of the test and the test results.

AB969, s. 66 Section 66. 252.15 (2) (bm) 2. of the statutes is renumbered 252.15 (2) (a) 3. b. and amended to read:

AB969,25,8 252.15 (2) (a) 3. b. A statement of explanation 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 18. 21. or a statement that the listing is available upon request.

AB969, s. 67 Section 67. 252.15 (3) of the statutes is repealed and recreated to read:

AB969,25,12 252.15 (3) Informed consent for disclosure; refusal of disclosure. A health care provider, blood bank, blood center, or plasma center that subjects an individual to an HIV test under sub. (2) (a) or (am) shall do all of the following:

AB969,25,16 (a) Inform the individual or, if the individual 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), the individual's health care agent that, except as provided under sub. (5), the individual or health care agent has the right to do all of the following:

AB969,25,19 1. Identify persons to whom the individual or health care agent authorizes that HIV test results may be disclosed and the time period in which disclosure may be made.

AB969,25,21 2. Identify persons to whom HIV test results may not be disclosed and the time period for refusal of disclosure.

AB969,25,23 (b) Furnish the means by which the individual or the health care agent may indicate his or her authorization under par. (a) 1., refusal under par. (a) 2., or both.

AB969, s. 68 Section 68. 252.15 (4) (intro.) of the statutes is amended to read:

AB969,26,5 252.15 (4) Record maintenance. (intro.) A health care provider, blood bank, blood center, or plasma center that obtains from a person an individual a specimen of body fluids or tissues for the purpose of testing for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV an HIV test shall maintain in the individual's health care record all of the following:

AB969, s. 69 Section 69. 252.15 (4) (a) of the statutes is repealed.

AB969, s. 70 Section 70. 252.15 (4) (b) of the statutes is amended to read:

AB969,26,9 252.15 (4) (b) Maintain a A record of the informed consent received or refusal of consent made under par. (a) sub. (2) (b).

AB969, s. 71 Section 71. 252.15 (4) (bm) of the statutes is created to read:

AB969,26,12 252.15 (4) (bm) A record of any persons identified by the individual under sub. (3) (a) 1. or 2.

AB969, s. 72 Section 72. 252.15 (4) (c) of the statutes is amended to read:

AB969,26,18 252.15 (4) (c) Maintain Except for a record made under the circumstances described in sub. (2) (a) 6. or 7m., 938.296 (4) (intro.) or (5) (intro.), or s. 968.38 (4) (intro.) or (5) (intro.), a record of the HIV test results obtained. A record that is made under the circumstances described in sub. (2) (a) 7m. may not reveal the identity of the test subject.

AB969, s. 73 Section 73. 252.15 (5) (title) of the statutes is repealed and recreated to read:

AB969,26,20 252.15 (5) (title) HIV test confidentiality; exceptions.

AB969, s. 74 Section 74. 252.15 (5) (a) (intro.) of the statutes is amended to read:

AB969,27,5 252.15 (5) (a) (intro.) An individual who is the subject of a an HIV test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV or the individual's health care agent, if the individual 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), may disclose the results of the individual's test to anyone. A person who is neither the individual nor the individual's health care agent may not, unless he or she is specifically authorized under sub. (3) by the individual or health care agent to do so, disclose the individual's HIV test results except to the following persons or under the following circumstances:

AB969, s. 75 Section 75. 252.15 (5) (a) 1. of the statutes is amended to read:

AB969,27,9 252.15 (5) (a) 1. To the subject of the HIV test and, if the 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), the test subject's health care agent.

AB969, s. 76 Section 76. 252.15 (5) (a) 2. of the statutes is amended to read:

AB969,27,13 252.15 (5) (a) 2. To a health care provider who provides care to the subject of the HIV test subject, including those instances in which a health care provider provides emergency care to the subject.

AB969, s. 77 Section 77. 252.15 (5) (a) 4. (intro.) of the statutes is amended to read:

AB969,27,16 252.15 (5) (a) 4. (intro.) To a blood bank, blood center or plasma center that subjects a person to a an HIV test under sub. (2) (a), for any of the following purposes:

AB969, s. 78 Section 78. 252.15 (5) (a) 4. a. of the statutes is amended to read:

AB969,27,19 252.15 (5) (a) 4. a. Determining the medical acceptability of blood or plasma secured from the HIV test subject.

AB969, s. 79 Section 79. 252.15 (5) (a) 4. b. of the statutes is amended to read:

AB969,27,21 252.15 (5) (a) 4. b. Notifying the test subject of the HIV test of the test results.

AB969, s. 80 Section 80. 252.15 (5) (a) 10. (intro.) of the statutes is amended to read:

AB969,27,24 252.15 (5) (a) 10. (intro.) To Except as provided in par. (b), to a person who conducts research, for the purpose of research, if the researcher:

AB969, s. 81 Section 81. 252.15 (5) (a) 10. c. of the statutes is amended to read:

AB969,28,6 252.15 (5) (a) 10. c. Provides written assurance to the person disclosing the HIV test results that use of the information requested is only for the purpose under which it is provided to the researcher, the information will not be released to a person not connected with the study, and the final research product will not reveal information that may identify the test subject unless the researcher has first received informed consent for disclosure from the test subject.

AB969, s. 82 Section 82. 252.15 (5) (a) 13. of the statutes is amended to read:

AB969,28,11 252.15 (5) (a) 13. To a sheriff, jailer or keeper of a prison, jail, or house of correction or a person designated with custodial authority by the sheriff, jailer, or keeper, for whom disclosure is necessitated in order to permit the assigning of a private cell to a prisoner who has a positive HIV test result.

AB969, s. 83 Section 83. 252.15 (5) (a) 14. of the statutes is amended to read:

AB969,28,17 252.15 (5) (a) 14. If the test results of a an HIV test administered to an individual are positive and the individual is deceased, by the individual's attending physician or advanced practice nurse prescriber, to persons, if known to the physician or advanced practice nurse prescriber, with whom the individual has had sexual contact or has shared intravenous drug use paraphernalia.

AB969, s. 84 Section 84. 252.15 (5) (a) 15. of the statutes is amended to read:

AB969,28,23 252.15 (5) (a) 15. To anyone who provides consent for the HIV testing under sub. (2) (a) 4. b., except that disclosure may be made under this subdivision only during a period in which the HIV test subject is adjudicated incompetent in this state, is under 14 years of age, or is unable to communicate due to a medical condition.

AB969, s. 85 Section 85. 252.15 (5) (a) 19. of the statutes is amended to read:

AB969,29,19 252.15 (5) (a) 19. If the HIV test was administered to a child who has been placed in a foster home, treatment foster home, group home, residential care center for children and youth, or juvenile correctional facility, as defined in s. 938.02 (10p), including a placement under s. 48.205, 48.21, 938.205, or 938.21, or for whom placement in a foster home, treatment foster home, group home, residential care center for children and youth, or juvenile correctional facility is recommended under s. 48.33 (4), 48.425 (1) (g), 48.837 (4) (c), or 938.33 (3) or (4), to an agency directed by a court to prepare a court report under s. 48.33 (1), 48.424 (4) (b), 48.425 (3), 48.831 (2), 48.837 (4) (c), or 938.33 (1), to an agency responsible for preparing a court report under s. 48.365 (2g), 48.425 (1), 48.831 (2), 48.837 (4) (c), or 938.365 (2g), to an agency responsible for preparing a permanency plan under s. 48.355 (2e), 48.38, 48.43 (1) (c) or (5) (c), 48.63 (4) or (5) (c), 48.831 (4) (e), 938.355 (2e), or 938.38 regarding the child, or to an agency that placed the child or arranged for the placement of the child in any of those placements and, by any of those agencies, to any other of those agencies and, by the agency that placed the child or arranged for the placement of the child in any of those placements, to the child's foster parent or treatment foster parent or the operator of the group home, residential care center for children and youth, or juvenile correctional facility in which the child is placed, as provided in s. 48.371 or 938.371.

AB969, s. 86 Section 86. 252.15 (5) (a) 20. of the statutes is amended to read:

AB969,30,6 252.15 (5) (a) 20. To a prisoner's health care provider, the medical staff of a prison or jail in which a prisoner is confined, the receiving institution intake staff at a prison or jail to which a prisoner is being transferred, or a person designated by a jailer to maintain prisoner medical records, if the disclosure is made with respect to the prisoner's patient health care records under s. 302.388, to the medical staff of a jail to whom the HIV test results are disclosed under s. 302.388 (2) (c) or (d), to the medical staff of a jail to which a prisoner is being transferred, if the test results are provided to the medical staff by the department of corrections as part of the prisoner's medical file, to a health care provider to whom the test results are disclosed under s. 302.388 (2) (c) or (f), or to the department of corrections if the disclosure is made with respect to a prisoner's patient health care records under s. 302.388 (4).

AB969, s. 87 Section 87. 252.15 (5) (a) 21. of the statutes is created to read:

AB969,30,9 252.15 (5) (a) 21. To a local health officer, as specified under sub. (7m) (b) or s. 252.03, 252.05, 252.06, 252.12, or 252.21 (1).

AB969, s. 88 Section 88. 252.15 (5) (b) of the statutes is amended to read:

AB969,30,14 252.15 (5) (b) A private pay patient may deny access to disclosure of his or her HIV test results granted under par. (a) 10. if he or she annually submits to the maintainer of his or her HIV test results under sub. (4) (c) a signed, written request that denial be made.

AB969, s. 89 Section 89. 252.15 (5m) (intro.) of the statutes is amended to read:

AB969,30,20 252.15 (5m) Autopsies; HIV testing of certain corpses. (intro.) Notwithstanding s. 157.05, a corpse may be subjected to a an HIV test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV and the test results disclosed to the a person who has been significantly exposed under any of the following conditions:

AB969, s. 90 Section 90. 252.15 (5m) (a) of the statutes is amended to read:

AB969,31,10 252.15 (5m) (a) If a person, including a person exempted from civil liability under the conditions specified under s. 895.48, 895.4802, or 895.4803, who renders to the victim of an emergency or accident emergency care during the course of which the emergency caregiver is significantly exposed to the emergency or accident victim and the emergency or accident victim subsequently dies prior to testing for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV; performance of an HIV test on the victim; if 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 emergency caregiver has been significantly exposed; and if the certification accompanies the request for testing performance of an HIV test and disclosure. Testing of a corpse under this paragraph shall be ordered by the The coroner, medical examiner, or physician who certifies the victim's cause of death under s. 69.18 (2) (b), (c), or (d) shall order performance of an HIV test of the corpse.

AB969, s. 91 Section 91. 252.15 (5m) (b) of the statutes is amended to read:

AB969,31,22 252.15 (5m) (b) If a funeral director, coroner, medical examiner, or appointed assistant to a coroner or medical examiner who prepares the corpse of a decedent for burial or other disposition or a person who performs an autopsy or assists in performing an autopsy is significantly exposed to the corpse; if 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 funeral director, coroner, medical examiner, or appointed assistant has been significantly exposed; and if the certification accompanies the request for HIV testing and disclosure. Testing An HIV test of a corpse under this paragraph shall be ordered by the attending physician or advanced practice nurse prescriber of the funeral director, coroner, medical examiner, or appointed assistant who is so exposed.

AB969, s. 92 Section 92. 252.15 (5m) (c) of the statutes is amended to read:

AB969,32,10 252.15 (5m) (c) If a health care provider or an agent or employee of a health care provider is significantly exposed to the corpse or to a patient who dies subsequent to the exposure and prior to testing for the presence of HIV, antigen or nonantigenic products of HIV, or an antibody to HIV performance of an HIV test; if a physician or advanced practice nurse prescriber who is not the health care provider, based on information provided to the physician or advanced practice nurse prescriber, determines and certifies in writing that the health care provider, agent or employee has been significantly exposed; and if the certification accompanies the request for testing and disclosure. Testing of a corpse under this paragraph shall be ordered by the The physician or advanced practice nurse prescriber who certifies that the significant exposure has occurred shall order performance of an HIV test of the corpse.

AB969, s. 93 Section 93. 252.15 (6) of the statutes is amended to read:

AB969,32,15 252.15 (6) Expanded disclosure of HIV test results prohibited. No person to whom the results of a an HIV test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV have been disclosed under sub. (5) (a) or (5m) may disclose the test results except as authorized under sub. (5) (a) or (5m).

AB969, s. 94 Section 94. 252.15 (7) (title) of the statutes is amended to read: