AB969: Bill Text

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:

AB969,32,17 252.15 (7) (title) Reporting of positive HIV test results.

AB969, s. 95 Section 95. 252.15 (7) (a) of the statutes is amended to read:

AB969,32,25 252.15 (7) (a) Notwithstanding ss. 227.01 (13) and 227.10 (1), for the purposes of this subsection, the state epidemiologist shall determine, based on the preponderance of available scientific evidence, the procedures necessary in this state to obtain a validated HIV test result and the secretary shall so declare under s. 250.04 (1) or (2) (a). The state epidemiologist shall revise this determination if, in his or her opinion, changed available scientific evidence warrants a revision, and the secretary shall declare the revision under s. 250.04 (1) or (2) (a).

AB969, s. 96 Section 96. 252.15 (7) (b) (intro.) of the statutes is amended to read:

AB969,33,5 252.15 (7) (b) (intro.) If a positive, validated HIV test result is obtained from a test subject, the health care provider, blood bank, blood center or plasma center that maintains a record of the test results result under sub. (4) (c) shall report to the state epidemiologist the following information:

AB969, s. 97 Section 97. 252.15 (7) (b) 3. of the statutes is amended to read:

AB969,33,8 252.15 (7) (b) 3. The name, address, telephone number, age or date of birth, race and ethnicity, sex and county of residence of the HIV test subject, if known.

AB969, s. 98 Section 98. 252.15 (7) (b) 4. of the statutes is amended to read:

AB969,33,10 252.15 (7) (b) 4. The date on which the HIV test was performed.

AB969, s. 99 Section 99. 252.15 (7) (b) 5. of the statutes is amended to read:

AB969,33,12 252.15 (7) (b) 5. The HIV test result.

AB969, s. 100 Section 100. 252.15 (7) (b) 5m. of the statutes is created to read:

AB969,33,14 252.15 (7) (b) 5m. The mode of transmission to the test subject of HIV.

AB969, s. 101 Section 101. 252.15 (7) (c) 1. of the statutes is amended to read:

AB969,33,17 252.15 (7) (c) 1. Information with respect to the sexual orientation of the HIV test subject.

AB969, s. 102 Section 102. 252.15 (7) (c) 2. of the statutes is amended to read:

AB969,33,20 252.15 (7) (c) 2. The identity of persons with whom the HIV test subject may have had sexual contact.

AB969, s. 103 Section 103. 252.15 (7m) of the statutes is renumbered 252.15 (7m) (ag) and amended to read:

AB969,34,5 252.15 (7m) (ag) Reporting of persons Persons significantly exposed; reporting; informing. (intro.) If a positive, validated HIV test result is obtained from a an HIV test subject, the test subject's physician or advanced practice nurse prescriber who maintains a record of the test result under sub. (4) (c) may report to the state epidemiologist the name of any person known to the physician or advanced practice nurse prescriber likely to have been significantly exposed to the test subject, only after the physician or advanced practice nurse prescriber has done all of the following:

AB969,34,7 1. Counseled the HIV test subject to inform any person who has likely been significantly exposed to the test subject.

AB969,34,12 2. Notified the HIV test subject that, notwithstanding subs. (3) and (5) (a) (intro.), the name of any person known to the physician or advanced practice nurse prescriber likely to have been significantly exposed to the test subject will be reported to the state epidemiologist and that a designee of the state epidemiologist may inform the person as specified under par. (bg).

AB969, s. 104 Section 104. 252.15 (7m) (bg) of the statutes is created to read:

AB969,34,20 252.15 (7m) (bg) A local health officer who, under s. 252.03, 252.05, 252.06, 252.12, or 252.21 (1), or as a designee of the state epidemiologist under par. (ag) 2., has received information that a positive, validated HIV test result has been obtained from a test subject and that a person is likely to have been significantly exposed to the test subject or is likely to have been so exposed, may, notwithstanding subs. (3) and (5) (a) (intro.), notify that person that a positive, validated test result has been obtained from the test subject.

AB969, s. 105 Section 105. 252.15 (8) (a) of the statutes is amended to read:

AB969,34,25 252.15 (8) (a) Any person violating sub. (2), (5) (a), (5m), (6) or (7) (c) is liable to the subject of the HIV test for actual damages, costs and reasonable actual attorney fees, plus exemplary damages of up to $1,000 $2,000 for a negligent violation and up to $25,000 $50,000 for an intentional violation.

AB969, s. 106 Section 106. 252.15 (9) of the statutes is amended to read:

AB969,35,12 252.15 (9) Penalties. Whoever intentionally discloses the results of a blood an HIV test in violation of sub. (2) (a) 7m., (5) (a) or, (5m), or (7m) and thereby causes bodily harm or psychological harm to the subject of the test may be fined not more than $25,000 $50,000 or imprisoned not more than 9 months or both. Whoever negligently discloses the results of a blood an HIV test in violation of sub. (2) (a) 7m., (5) (a) or, (5m), or (7m) is subject to a forfeiture of not more than $1,000 $2,000 for each violation. Whoever intentionally discloses the results of a blood an HIV test in violation of sub. (2) (a) 7m., (5) (a) or, (5m), or (7m), knowing that the information is confidential, and discloses the information for pecuniary gain may be fined not more than $100,000 $200,000 or imprisoned not more than 3 years and 6 months, or both.

AB969, s. 107 Section 107. 631.90 (1) of the statutes is amended to read:

AB969,35,16 631.90 (1) In this section, "HIV test" means any strain of human immunodeficiency virus, which causes acquired immunodeficiency syndrome has the meaning given in s. 252.01 (2m).

AB969, s. 108 Section 108. 631.90 (2) (a) of the statutes is amended to read:

AB969,35,21 631.90 (2) (a) Require or request directly or indirectly any individual to reveal whether the individual has obtained a an HIV test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV or what the results of this test, if obtained by the individual, were.

AB969, s. 109 Section 109. 631.90 (2) (b) of the statutes is amended to read:

AB969,36,2 631.90 (2) (b) Condition the provision of insurance coverage on whether an individual has obtained a an HIV test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV or what the results of this test, if obtained by the individual, were.

AB969, s. 110 Section 110. 631.90 (2) (c) of the statutes is amended to read:

AB969,36,7 631.90 (2) (c) Consider in the determination of rates or any other aspect of insurance coverage provided to an individual whether an individual has obtained a an HIV test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV or what the results of this test, if obtained by the individual, were.

AB969, s. 111 Section 111. 631.90 (3) (a) of the statutes is amended to read:

AB969,36,16 631.90 (3) (a) Subsection (2) does not apply with regard to any an HIV test or series of tests for use in the underwriting of individual life, accident and health insurance policies that the person designated by the secretary of health and family services as the state epidemiologist finds medically significant and sufficiently reliable for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV and that the commissioner finds and designates by rule as sufficiently reliable for use in the underwriting of individual life, accident and health insurance policies.

AB969, s. 112 Section 112. 631.90 (3) (b) of the statutes is amended to read:

AB969,36,20 631.90 (3) (b) Paragraph (a) does not authorize the use of any an HIV test or series of tests for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV to discriminate in violation of s. 628.34 (3).

AB969, s. 113 Section 113. 901.05 (2) (intro.) of the statutes is amended to read:

AB969,37,4 901.05 (2) (intro.) Except as provided in sub. (3), the results of a test or tests for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV an HIV test, as defined in s. 252.01 (2m), are not admissible during the course of a civil or criminal action or proceeding or an administrative proceeding, as evidence of a person's character or a trait of his or her character for the purpose of proving that he or she acted in conformity with that character on a particular occasion unless the evidence is admissible under s. 904.04 (1) or 904.05 (2) and unless the following procedures are used:

AB969, s. 114 Section 114. 938.296 (1) (bm) of the statutes is created to read:

AB969,37,6 938.296 (1) (bm) "HIV test" has the meaning given in s. 252.01 (2m).

AB969, s. 115 Section 115. 938.296 (2) (intro.) of the statutes is amended to read:

AB969,37,17 938.296 (2) Sexually transmitted disease and HIV testing. (intro.) In a proceeding under s. 938.12 or 938.13 (12) in which the juvenile is alleged to have violated s. 940.225, 948.02, 948.025, 948.05, 948.06, or 948.085 (2), the district attorney or corporation counsel shall apply to the court for an order requiring the juvenile to submit to a an HIV test and a test or a series of tests administered by a health care professional to detect the presence of HIV, antigen or nonantigenic products of HIV, an antibody to HIV or a sexually transmitted disease, each of which tests are to be administered by a health care professional, and to disclose the results of that test or series of those tests as specified in sub. (4) (a) to (e), if all of the following apply:

AB969, s. 116 Section 116. 938.296 (4) (intro.) of the statutes is amended to read:

AB969,38,9 938.296 (4) Disclosure of sexually transmitted disease and HIV test results. (intro.) On receipt of an application for an order under sub. (2), the court shall set a time for a hearing on the application. If the juvenile has been found not competent to proceed under s. 938.30 (5), the court may hold a hearing under this subsection only if the court first determines that the probable cause finding can be fairly made without the personal participation of the juvenile. If, after hearing, the court finds probable cause to believe that the juvenile has significantly exposed the victim or alleged victim, the court shall order the juvenile to submit to a an HIV test or and a test or series of tests administered by a health care professional to detect the presence of HIV, antigen or nonantigenic products of HIV, an antibody to HIV or a sexually transmitted disease. The tests shall be administered by a health care professional. The court shall require the health care professional who performs the test or series of tests to refrain, notwithstanding s. 252.15 (4) (c), from making the test results part of the juvenile's permanent medical record and, notwithstanding s. 252.15 (3) and (5) (a) (intro.), to disclose the results of the test tests to any of the following:

AB969, s. 117 Section 117. 938.296 (5) (intro.) of the statutes is amended to read:

AB969,39,2 938.296 (5) Disclosure of communicable disease test results. (intro.) On receipt of an application for an order under sub. (2m), the court shall set a time for a hearing on the application. If the juvenile has been found not competent to proceed under s. 938.30 (5), the court may hold a hearing under this subsection only if the court first determines that the probable cause finding can be fairly made without the personal participation of the juvenile. If, after hearing, the court finds probable cause to believe that the act or alleged act of the juvenile that constitutes a violation of s. 946.43 (2m) carried a potential for transmitting a communicable disease to the victim or alleged victim and involved the juvenile's blood, semen, vomit, saliva, urine or feces or other bodily substance of the juvenile, the court shall order the juvenile to submit to a test or a series of tests administered by a health care professional to detect the presence of any communicable disease that was potentially transmitted by the act or alleged act of the juvenile. The court shall require the health care professional who performs the test or series of tests to refrain, notwithstanding s. 252.15 (4) (c), if applicable, from making the test results part of the juvenile's permanent medical record and, notwithstanding s. 252.15 (3) and (5) (a) (intro.), to disclose the results of the test to any of the following: