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73. 252.15 (5) (title) of the statutes is repealed and recreated to read: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.
AB969, s. 79
20Section
79. 252.15 (5) (a) 4. b. of the statutes is amended to read:
AB969,27,2121
252.15
(5) (a) 4. b. Notifying the
test subject of the
HIV test
of the test results.
AB969, s. 80
22Section
80. 252.15 (5) (a) 10. (intro.) of the statutes is amended to read:
AB969,27,2423
252.15
(5) (a) 10. (intro.)
To Except as provided in par. (b), to a person who
24conducts research, for the purpose of research, if the researcher:
AB969, s. 81
25Section
81. 252.15 (5) (a) 10. c. of the statutes is amended to read:
AB969,28,6
1252.15
(5) (a) 10. c. Provides written assurance to the person disclosing the
HIV 2test results that use of the information requested is only for the purpose under which
3it is provided to the researcher, the information will not be released to a person not
4connected with the study, and the final research product will not reveal information
5that may identify the test subject unless the researcher has first received informed
6consent for disclosure from the test subject.
AB969, s. 82
7Section
82. 252.15 (5) (a) 13. of the statutes is amended to read:
AB969,28,118
252.15
(5) (a) 13. To a sheriff, jailer or keeper of a prison, jail
, or house of
9correction or a person designated with custodial authority by the sheriff, jailer
, or
10keeper, for whom disclosure is necessitated in order to permit the assigning of a
11private cell to a prisoner who has a positive
HIV test result.
AB969, s. 83
12Section
83. 252.15 (5) (a) 14. of the statutes is amended to read:
AB969,28,1713
252.15
(5) (a) 14. If the
test results of
a an HIV test administered to an
14individual are positive and the individual is deceased, by the individual's attending
15physician or advanced practice nurse prescriber, to persons, if known to the
16physician or advanced practice nurse prescriber, with whom the individual has had
17sexual contact or has shared intravenous drug use paraphernalia.
AB969, s. 84
18Section
84. 252.15 (5) (a) 15. of the statutes is amended to read:
AB969,28,2319
252.15
(5) (a) 15. To anyone who provides consent for the
HIV testing under
20sub. (2) (a) 4. b., except that disclosure may be made under this subdivision only
21during a period in which the
HIV test subject is adjudicated incompetent in this
22state, is under 14 years of age, or is unable to communicate due to a medical
23condition.
AB969, s. 85
24Section
85. 252.15 (5) (a) 19. of the statutes is amended to read:
AB969,29,19
1252.15
(5) (a) 19. If the
HIV test was administered to a child who has been
2placed in a foster home, treatment foster home, group home, residential care center
3for children and youth, or juvenile correctional facility, as defined in s. 938.02 (10p),
4including a placement under s. 48.205, 48.21, 938.205, or 938.21, or for whom
5placement in a foster home, treatment foster home, group home, residential care
6center for children and youth, or juvenile correctional facility is recommended under
7s. 48.33 (4), 48.425 (1) (g), 48.837 (4) (c), or 938.33 (3) or (4), to an agency directed by
8a court to prepare a court report under s. 48.33 (1), 48.424 (4) (b), 48.425 (3), 48.831
9(2), 48.837 (4) (c), or 938.33 (1), to an agency responsible for preparing a court report
10under s. 48.365 (2g), 48.425 (1), 48.831 (2), 48.837 (4) (c), or 938.365 (2g), to an agency
11responsible for preparing a permanency plan under s. 48.355 (2e), 48.38, 48.43 (1)
12(c) or (5) (c), 48.63 (4) or (5) (c), 48.831 (4) (e), 938.355 (2e), or 938.38 regarding the
13child, or to an agency that placed the child or arranged for the placement of the child
14in any of those placements and, by any of those agencies, to any other of those
15agencies and, by the agency that placed the child or arranged for the placement of
16the child in any of those placements, to the child's foster parent or treatment foster
17parent or the operator of the group home, residential care center for children and
18youth, or juvenile correctional facility in which the child is placed, as provided in s.
1948.371 or 938.371.
AB969, s. 86
20Section
86. 252.15 (5) (a) 20. of the statutes is amended to read:
AB969,30,621
252.15
(5) (a) 20. To a prisoner's health care provider, the medical staff of a
22prison or jail in which a prisoner is confined, the receiving institution intake staff at
23a prison or jail to which a prisoner is being transferred
, or a person designated by a
24jailer to maintain prisoner medical records, if the disclosure is made with respect to
25the prisoner's patient health care records under s. 302.388, to the medical staff of a
1jail to whom the
HIV test results are disclosed under s. 302.388 (2) (c) or (d), to the
2medical staff of a jail to which a prisoner is being transferred, if the
test results are
3provided to the medical staff by the department of corrections as part of the prisoner's
4medical file, to a health care provider to whom the test results are disclosed under
5s. 302.388 (2) (c) or (f)
, or
to the department of corrections if the disclosure is made
6with respect to a prisoner's patient health care records under s. 302.388 (4).
AB969, s. 87
7Section
87. 252.15 (5) (a) 21. of the statutes is created to read:
AB969,30,98
252.15
(5) (a) 21. To a local health officer, as specified under sub. (7m) (b) or s.
9252.03, 252.05, 252.06, 252.12, or 252.21 (1).
AB969, s. 88
10Section
88. 252.15 (5) (b) of the statutes is amended to read:
AB969,30,1411
252.15
(5) (b) A private pay patient may deny access to disclosure of his or her
12HIV test results granted under par. (a) 10. if he or she annually submits to the
13maintainer of his or her
HIV test results under sub. (4) (c) a signed, written request
14that denial be made.
AB969, s. 89
15Section
89. 252.15 (5m) (intro.) of the statutes is amended to read:
AB969,30,2016
252.15
(5m) Autopsies; HIV testing of certain corpses. (intro.)
17Notwithstanding s. 157.05, a corpse may be subjected to
a an HIV test
for the
18presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV and
19the test results disclosed to
the a person who has been significantly exposed under
20any of the following conditions:
AB969, s. 90
21Section
90. 252.15 (5m) (a) of the statutes is amended to read:
AB969,31,1022
252.15
(5m) (a) If a person, including a person exempted from civil liability
23under the conditions specified under s. 895.48, 895.4802, or 895.4803, who renders
24to the victim of an emergency or accident emergency care during the course of which
25the emergency caregiver is significantly exposed to the emergency or accident victim
1and the emergency or accident victim subsequently dies prior to
testing for the
2presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV; 3performance of an HIV test on the victim; if a physician or advanced practice nurse
4prescriber, based on information provided to the physician or advanced practice
5nurse prescriber, determines and certifies in writing that the emergency caregiver
6has been significantly exposed
; and if the certification accompanies the request for
7testing performance of an HIV test and disclosure.
Testing of a corpse under this
8paragraph shall be ordered by the The coroner, medical examiner
, or physician who
9certifies the victim's cause of death under s. 69.18 (2) (b), (c)
, or (d)
shall order
10performance of an HIV test of the corpse.
AB969, s. 91
11Section
91. 252.15 (5m) (b) of the statutes is amended to read:
AB969,31,2212
252.15
(5m) (b) If a funeral director, coroner, medical examiner, or appointed
13assistant to a coroner or medical examiner who prepares the corpse of a decedent for
14burial or other disposition or a person who performs an autopsy or assists in
15performing an autopsy is significantly exposed to the corpse; if a physician or
16advanced practice nurse prescriber, based on information provided to the physician
17or advanced practice nurse prescriber, determines and certifies in writing that the
18funeral director, coroner, medical examiner, or appointed assistant has been
19significantly exposed; and if the certification accompanies the request for
HIV 20testing and disclosure.
Testing An HIV test of a corpse under this paragraph shall
21be ordered by the attending physician or advanced practice nurse prescriber of the
22funeral director, coroner, medical examiner, or appointed assistant who is so exposed.
AB969, s. 92
23Section
92. 252.15 (5m) (c) of the statutes is amended to read:
AB969,32,1024
252.15
(5m) (c) If a health care provider or an agent or employee of a health
25care provider is significantly exposed to the corpse or to a patient who dies
1subsequent to the exposure and prior to
testing for the presence of HIV, antigen or
2nonantigenic products of HIV, or an antibody to HIV performance of an HIV test; if
3a physician or advanced practice nurse prescriber who is not the health care provider,
4based on information provided to the physician or advanced practice nurse
5prescriber, determines and certifies in writing that the health care provider, agent
6or employee has been significantly exposed; and if the certification accompanies the
7request for testing and disclosure.
Testing of a corpse under this paragraph shall be
8ordered by the The physician or advanced practice nurse prescriber who certifies
9that the significant exposure has occurred
shall order performance of an HIV test of
10the corpse.
AB969, s. 93
11Section
93. 252.15 (6) of the statutes is amended to read:
AB969,32,1512
252.15
(6) Expanded disclosure of HIV test results prohibited. No person
13to whom the results of
a an HIV test
for the presence of HIV, antigen or nonantigenic
14products of HIV or an antibody to HIV have been disclosed under sub. (5) (a) or (5m)
15may disclose the test results except as authorized under sub. (5) (a) or (5m).
AB969, s. 94
16Section
94. 252.15 (7) (title) of the statutes is amended to read:
AB969,32,1717
252.15
(7) (title)
Reporting of positive
HIV test results.
AB969, s. 95
18Section
95. 252.15 (7) (a) of the statutes is amended to read:
AB969,32,2519
252.15
(7) (a) Notwithstanding ss. 227.01 (13) and 227.10 (1), for the purposes
20of this subsection, the state epidemiologist shall determine, based on the
21preponderance of available scientific evidence, the procedures necessary in this state
22to obtain a validated
HIV test result and the secretary shall so declare under s.
23250.04 (1) or (2) (a). The state epidemiologist shall revise this determination if, in
24his or her opinion, changed available scientific evidence warrants a revision, and the
25secretary shall declare the revision under s. 250.04 (1) or (2) (a).
AB969, s. 96
1Section
96. 252.15 (7) (b) (intro.) of the statutes is amended to read:
AB969,33,52
252.15
(7) (b) (intro.) If a positive, validated
HIV test result is obtained from
3a test subject, the health care provider, blood bank, blood center or plasma center
4that maintains a record of the test
results result under sub. (4) (c) shall report to the
5state epidemiologist the following information:
AB969, s. 97
6Section
97. 252.15 (7) (b) 3. of the statutes is amended to read:
AB969,33,87
252.15
(7) (b) 3. The name, address, telephone number, age or date of birth, race
8and ethnicity, sex and county of residence of the
HIV test subject, if known.
AB969, s. 98
9Section
98. 252.15 (7) (b) 4. of the statutes is amended to read:
AB969,33,1010
252.15
(7) (b) 4. The date on which the
HIV test was performed.
AB969, s. 99
11Section
99. 252.15 (7) (b) 5. of the statutes is amended to read:
AB969,33,1212
252.15
(7) (b) 5. The
HIV test result.
AB969, s. 100
13Section
100. 252.15 (7) (b) 5m. of the statutes is created to read:
AB969,33,1414
252.15
(7) (b) 5m. The mode of transmission to the test subject of HIV.
AB969, s. 101
15Section
101. 252.15 (7) (c) 1. of the statutes is amended to read:
AB969,33,1716
252.15
(7) (c) 1. Information with respect to the sexual orientation of the
HIV 17test subject.
AB969, s. 102
18Section
102. 252.15 (7) (c) 2. of the statutes is amended to read:
AB969,33,2019
252.15
(7) (c) 2. The identity of persons with whom the
HIV test subject may
20have had sexual contact.
AB969, s. 103
21Section
103. 252.15 (7m) of the statutes is renumbered 252.15 (7m) (ag) and
22amended to read:
AB969,34,523
252.15
(7m) (ag)
Reporting of persons Persons significantly exposed;
24reporting; informing. (intro.) If a positive, validated
HIV test result is obtained from
25 a an HIV test subject, the test subject's physician or advanced practice nurse
1prescriber who maintains a record of the test result under sub. (4) (c) may report to
2the state epidemiologist the name of any person
known to the physician or advanced
3practice nurse prescriber likely to have been significantly exposed to the test subject,
4only after the physician or advanced practice nurse prescriber has done all of the
5following:
AB969,34,76
1. Counseled the
HIV test subject to inform any person who has
likely been
7significantly exposed to the test subject.
AB969,34,128
2. Notified the
HIV test subject that
, notwithstanding subs. (3) and (5) (a)
9(intro.), the name of any person
known to the physician or advanced practice nurse
10prescriber likely to have been significantly exposed to the test subject will be
11reported to the state epidemiologist
and that a designee of the state epidemiologist
12may inform the person as specified under par. (bg).
AB969, s. 104
13Section
104. 252.15 (7m) (bg) of the statutes is created to read:
AB969,34,2014
252.15
(7m) (bg) A local health officer who, under s. 252.03, 252.05, 252.06,
15252.12, or 252.21 (1), or as a designee of the state epidemiologist under par. (ag) 2.,
16has received information that a positive, validated HIV test result has been obtained
17from a test subject and that a person is likely to have been significantly exposed to
18the test subject or is likely to have been so exposed, may, notwithstanding subs. (3)
19and (5) (a) (intro.), notify that person that a positive, validated test result has been
20obtained from the test subject.
AB969, s. 105
21Section
105. 252.15 (8) (a) of the statutes is amended to read:
AB969,34,2522
252.15
(8) (a) Any person violating sub. (2), (5) (a), (5m), (6) or (7) (c) is liable
23to the subject of the
HIV test for actual damages, costs and reasonable actual
24attorney fees, plus exemplary damages of up to
$1,000
$2,000 for a negligent
25violation and up to
$25,000 $50,000 for an intentional violation.
AB969, s. 106
1Section
106. 252.15 (9) of the statutes is amended to read:
AB969,35,122
252.15
(9) Penalties. Whoever intentionally discloses the results of
a blood 3an HIV test in violation of sub. (2) (a) 7m., (5) (a)
or, (5m)
, or (7m) and thereby causes
4bodily harm or psychological harm to the subject of the test may be fined not more
5than
$25,000 $50,000 or imprisoned not more than 9 months or both.
Whoever
6negligently discloses the results of
a blood an HIV test in violation of sub. (2) (a) 7m.,
7(5) (a)
or, (5m)
, or (7m) is subject to a forfeiture of not more than
$1,000
$2,000 for
8each violation. Whoever intentionally discloses the results of
a blood an HIV test
9in violation of sub. (2) (a) 7m., (5) (a)
or, (5m)
, or (7m), knowing that the information
10is confidential, and discloses the information for pecuniary gain may be fined not
11more than
$100,000 $200,000 or imprisoned not more than 3 years and 6 months, or
12both.
AB969, s. 107
13Section
107. 631.90 (1) of the statutes is amended to read:
AB969,35,1614
631.90
(1) In this section, "HIV
test"
means any strain of human
15immunodeficiency virus, which causes acquired immunodeficiency syndrome has
16the meaning given in s. 252.01 (2m).
AB969, s. 108
17Section
108. 631.90 (2) (a) of the statutes is amended to read:
AB969,35,2118
631.90
(2) (a) Require or request directly or indirectly any individual to reveal
19whether the individual has obtained
a an HIV test
for the presence of HIV, antigen
20or nonantigenic products of HIV or an antibody to HIV or what the results of this test,
21if obtained by the individual, were.
AB969, s. 109
22Section
109. 631.90 (2) (b) of the statutes is amended to read:
AB969,36,223
631.90
(2) (b) Condition the provision of insurance coverage on whether an
24individual has obtained
a an HIV test
for the presence of HIV, antigen or
1nonantigenic products of HIV or an antibody to HIV or what the results of this test,
2if obtained by the individual, were.
AB969, s. 110
3Section
110. 631.90 (2) (c) of the statutes is amended to read:
AB969,36,74
631.90
(2) (c) Consider in the determination of rates or any other aspect of
5insurance coverage provided to an individual whether an individual has obtained
6a an HIV test
for the presence of HIV, antigen or nonantigenic products of HIV or
7an antibody to HIV or what the results of this test, if obtained by the individual, were.
AB969, s. 111
8Section
111. 631.90 (3) (a) of the statutes is amended to read:
AB969,36,169
631.90
(3) (a) Subsection (2) does not apply with regard to
any an HIV test
or
10series of tests for use in the underwriting of individual life, accident and health
11insurance policies
that the person designated by the secretary of health and family
12services as the state epidemiologist finds medically significant and sufficiently
13reliable for the presence of HIV, antigen or nonantigenic products of HIV or an
14antibody to HIV and that the commissioner finds and designates by rule as
15sufficiently reliable for use in the underwriting of individual life, accident and health
16insurance policies.
AB969, s. 112
17Section
112. 631.90 (3) (b) of the statutes is amended to read:
AB969,36,2018
631.90
(3) (b) Paragraph (a) does not authorize the use of
any an HIV test
or
19series of tests for the presence of HIV, antigen or nonantigenic products of HIV or an
20antibody to HIV to discriminate in violation of s. 628.34 (3).
AB969, s. 113
21Section
113. 901.05 (2) (intro.) of the statutes is amended to read:
AB969,37,422
901.05
(2) (intro.) Except as provided in sub. (3), the results of
a test or tests
23for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to
24HIV an HIV test, as defined in s. 252.01 (2m), are not admissible during the course
25of a civil or criminal action or proceeding or an administrative proceeding, as
1evidence of a person's character or a trait of his or her character for the purpose of
2proving that he or she acted in conformity with that character on a particular
3occasion unless the evidence is admissible under s. 904.04 (1) or 904.05 (2) and unless
4the following procedures are used:
AB969, s. 114
5Section
114. 938.296 (1) (bm) of the statutes is created to read:
AB969,37,66
938.296
(1) (bm) "HIV test" has the meaning given in s. 252.01 (2m).
AB969, s. 115
7Section
115. 938.296 (2) (intro.) of the statutes is amended to read:
AB969,37,178
938.296
(2) Sexually transmitted disease
and HIV testing. (intro.) In a
9proceeding under s. 938.12 or 938.13 (12) in which the juvenile is alleged to have
10violated s. 940.225, 948.02, 948.025, 948.05, 948.06, or 948.085 (2), the district
11attorney or corporation counsel shall apply to the court for an order requiring the
12juvenile to submit to
a an HIV test
and a test or a series of tests
administered by
13a health care professional to detect the presence of
HIV, antigen or nonantigenic
14products of HIV, an antibody to HIV or a sexually transmitted disease
, each of which
15tests are to be administered by a health care professional, and to disclose the results
16of
that test or series of those tests as specified in sub. (4) (a) to (e), if all of the following
17apply: