SB428: Bill Text

SB428, s. 28 Section 28. 165.50 (4) of the statutes is created to read:

SB428,15,3 165.50 (4) The attorney general may order and represent the state in an inquest as provided under s. 979.04 (1) or may order a preliminary investigation into a death as provided under s. 979.04 (3).

SB428, s. 29 Section 29. 165.65 of the statutes is created to read:

SB428,15,6 165.65 Board on medicolegal investigations. The board on medicolegal investigations shall do all of the following:

SB428,15,8 (1) Promulgate rules establishing testing and training requirements for coroners, deputy coroners, medical examiners, and medical examiners' assistants.

SB428,15,10 (2) If a coroner does not satisfy the testing and training requirements for coroners under sub. (1), notify the governor and the appropriate county board.

SB428,15,12 (3) If a medical examiner does not satisfy the training and testing requirement for medical examiners under sub. (1), notify the appropriate county board.

SB428,15,14 (4) Promulgate rules establishing standards for the content and maintenance of coroner and medical examiner death investigation records under s. 979.032.

SB428,15,16 (5) Promulgate rules regarding public access to coroner and medical examiner death investigation records under s. 979.032.

SB428,15,18 (6) Create a form that coroners and medical examiners shall use to issue permits for disinterment or reinterment under s. 69.18 (4).

SB428, s. 30 Section 30. 346.71 (2) of the statutes is amended to read:

SB428,16,18 346.71 (2) In cases of death involving a motor vehicle in which the decedent was the operator of a motor vehicle, a pedestrian 14 years of age or older or a bicycle or electric personal assistive mobility device operator 14 years of age or older and who died within 6 hours of the time of the accident, the coroner or medical examiner of the county where the death occurred shall require that a blood specimen of at least 10 cc. be withdrawn from the body of the decedent within 12 hours after his or her death, by the coroner or medical examiner or by a physician so designated by the coroner or medical examiner or by a qualified person at the direction of the physician. All funeral directors shall obtain a release from the coroner or medical examiner of the county where the accident occurred as provided in s. 979.01 (4) 979.105 prior to proceeding with embalming any body coming under the scope of this section. The blood so drawn shall be forwarded to a laboratory approved by the department of health and family services for analysis of the alcoholic content of the blood specimen. The coroner or medical examiner causing the blood to be withdrawn shall be notified of the results of each analysis made and shall forward the results of each such analysis to the department of health and family services. If the death involved a motor vehicle, the department shall keep a record of all such examinations to be used for statistical purposes only and the department shall disseminate and make public the cumulative results of the examinations without identifying the individuals involved. If the death involved an all-terrain vehicle, the department of natural resources shall keep a record of all such examinations to be used for statistical purposes only and the department of natural resources shall disseminate and make public the cumulative results of the examinations without identifying the individuals involved.

SB428, s. 31 Section 31. 440.78 (1) (b) of the statutes is amended to read:

SB428,16,21 440.78 (1) (b) A copy of the cremation permit release issued under s. 979.10 (1) (a) (ag).

SB428, s. 32 Section 32. 979.001 of the statutes is created to read:

SB428,16,23 979.001 Definitions. In this chapter:

SB428,16,25 (1) "Deceased's representative" means any member of the following classes of individuals, in the order of priority listed:

SB428,17,1 (a) The deceased's spouse.

SB428,17,2 (b) An adult son or daughter of the deceased.

SB428,17,3 (c) A parent of the deceased.

SB428,17,4 (d) An adult brother or sister of the deceased.

SB428,17,5 (e) A person appointed as such by the circuit court.

SB428,17,6 (2) "Event" includes a sudden unexplained collapse.

SB428,17,7 (3) "Health care provider" means all of the following:

SB428,17,8 (a) A midwife licensed under subch. XII of ch 440.

SB428,17,9 (b) A nurse licensed under ch. 441.

SB428,17,10 (c) A chiropractor licensed under ch. 446.

SB428,17,11 (d) A dentist licensed under ch. 447.

SB428,17,13 (e) A physician, physician assistant, or respiratory care practitioner licensed or certified under subch. II of ch. 448.

SB428,17,14 (f) A physical therapist licensed under subch. III of ch. 448.

SB428,17,15 (g) A podiatrist licensed under subch. IV of ch. 448.

SB428,17,16 (h) A dietitian certified under subch. V of ch. 448.

SB428,17,17 (i) An athletic trainer licensed under subch. VI of ch. 448.

SB428,17,19 (j) An occupational therapist or occupational therapy assistant licensed under subch. VII of ch. 448.

SB428,17,20 (k) An optometrist licensed under ch. 449.

SB428,17,21 (L) A pharmacist licensed under ch. 450.

SB428,17,22 (m) An acupuncturist certified under ch. 451.

SB428,17,23 (n) A psychologist licensed under ch. 455.

SB428,17,25 (o) A social worker, marriage and family therapist, or professional counselor certified or licensed under ch. 457.

SB428,18,3 (p) A speech-language pathologist or audiologist licensed under subch. II of ch. 459 or a speech and language pathologist licensed by the department of public instruction.

SB428,18,4 (q) A massage therapist or bodyworker certified under ch. 460.

SB428,18,5 (4) "Law enforcement agency" has the meaning given in s. 165.83 (1) (b).

SB428,18,8 (5) "Therapeutic misadventure" means an unintended medical error made by a health care provider or an unexpected mechanical failure of a medical device during the treatment of a patient that causes serious harm to the patient.

SB428, s. 33 Section 33. 979.01 (title) of the statutes is amended to read:

SB428,18,11 979.01 (title) Reporting deaths required; penalty; taking specimens by coroner or medical examiner jurisdiction for investigating deaths.

SB428, s. 34 Section 34. 979.01 (1) (intro.) of the statutes is amended to read:

SB428,18,24 979.01 (1) (intro.) All physicians, authorities of hospitals, sanatoriums, public and private institutions, convalescent homes, authorities of any institution of a like nature, and other persons having Any health care provider, director of an inpatient health care facility, as defined in s. 50.135 (1), director of a long-term care facility, as defined in s. 16.009 (1) (em), director of emergency medical services, director of a correctional facility, or any other person who has knowledge of the death of any person who has died under any of the following circumstances individual, shall, if any of the following applies, immediately report the death to the sheriff, police chief, the medical examiner or coroner of in the county where in which the death took place individual was pronounced dead or in which the individual's body or remains were located and may report the death to a law enforcement officer in that county:

SB428, s. 35 Section 35. 979.01 (1) (a) of the statutes is amended to read:

SB428,19,2 979.01 (1) (a) All deaths in which there are The death involves unexplained, unusual, or suspicious circumstances.

SB428, s. 36 Section 36. 979.01 (1) (b) of the statutes is repealed and recreated to read:

SB428,19,5 979.01 (1) (b) The death is a suspected homicide, including a death resulting from an act of bioterrorism, as defined in s. 166.02 (1r).

SB428, s. 37 Section 37. 979.01 (1) (c) of the statutes is repealed and recreated to read:

SB428,19,7 979.01 (1) (c) The death is a suspected suicide.

SB428, s. 38 Section 38. 979.01 (1) (d) of the statutes is amended to read:

SB428,19,10 979.01 (1) (d) All deaths following The death is of a woman and is associated with an abortion, as defined in s. 253.10 (2) (a).

SB428, s. 39 Section 39. 979.01 (1) (e) of the statutes is amended to read:

SB428,19,15 979.01 (1) (e) All deaths due to Injury or poisoning may be a contributing cause of the death, whether homicidal, suicidal or accidental or not the injury or poisoning is the primary cause of death and regardless of the interval between the injury or poisoning and the death.

SB428, s. 40 Section 40. 979.01 (1) (f) of the statutes is repealed and recreated to read:

SB428,19,20 979.01 (1) (f) The death occurs while the individual is in the actual or constructive custody of a law enforcement officer, during active pursuit of the individual by a law enforcement officer, or otherwise involves a law enforcement officer.

SB428, s. 41 Section 41. 979.01 (1) (g) of the statutes is amended to read:

SB428,19,25 979.01 (1) (g) When there was no The individual was not under the care of a physician, or accredited practitioner of a bona fide religious denomination relying upon prayer or spiritual means for healing in attendance within 30 days preceding for the illness or condition that caused the death.

SB428, s. 42 Section 42. 979.01 (1) (h) of the statutes is repealed and recreated to read:

SB428,20,6 979.01 (1) (h) The death occurs while the individual is confined in a federal prison in this state, a state prison, county jail or house of correction, a juvenile correctional facility, as defined in s. 938.02 (10p), or a juvenile detention facility, as defined in s. 938.02 (10r), or is otherwise incarcerated in the custody of the department of corrections or of a county sheriff.

SB428, s. 43 Section 43. 979.01 (1) (i) of the statutes is amended to read:

SB428,20,14 979.01 (1) (i) When, after After reasonable efforts, a physician cannot within 6 days after the pronouncement of death, or sooner under circumstances that the coroner or medical examiner determines constitute an emergency, be obtained to sign the medical certification as required under s. 69.18 (2) (b) or (c) within 6 days after the pronouncement of death or sooner under circumstances which the coroner or medical examiner determines to be an emergency, or all persons authorized to certify the cause of death under s. 69.18 (2) (b) or (c) refuse to sign the death certificate.

SB428, s. 44 Section 44. 979.01 (1) (j) to (p) of the statutes are created to read:

SB428,20,17 979.01 (1) (j) The death occurs while the individual is detained or institutionalized under s. 51.20, 971.14, or 971.17 or ch. 980.

SB428,20,20 (k) The death occurs while the individual is receiving emergency care at a hospital, as defined in s. 50.33 (2) (a) and (c), or a physician's office, as defined in s. 101.123 (1) (dg).

SB428,20,23 (L) The death occurs during a diagnostic, anesthetic, or therapeutic procedure or during administration of medication and is suspected to be associated with a therapeutic misadventure.

SB428,21,3 (m) The death is suspected to be associated with the abuse of a chemical substance that may be legally used or with the use of a controlled substances, as defined in s. 961.01 (4).

SB428,21,7 (n) The death is associated with an epidemic or pandemic, with the spread of a dangerous communicable disease, as defined by the department of health and family services, or with a disease-causing agent that may pose a threat to public health.

SB428,21,9 (o) The individual's remains are discovered outside a cemetery or documented burial plot.

SB428,21,12 (p) The coroner or medical examiner for the county in which the individual was pronounced dead or in which the individual's body or remains were located, in a written and published death reporting protocol, requires that the death be reported.

SB428, s. 45 Section 45. 979.01 (1g) of the statutes is repealed and recreated to read:

SB428,21,16 979.01 (1g) If a law enforcement officer is notified of a death under sub. (1), the law enforcement officer shall immediately notify the coroner or medical examiner in the county in which the body or remains were located.

SB428, s. 46 Section 46. 979.01 (1i) of the statutes is created to read:

SB428,21,23 979.01 (1i) If there is reason to believe that a death that must be reported under sub. (1) was caused by a crime, injury, or other event that occurred in a county in this state, other than the county in which the body is located, the coroner or medical examiner in the county in which the body is located shall immediately notify the coroner or medical examiner in the county in which the crime, injury, or other event is believed to have occurred.

SB428, s. 47 Section 47. 979.01 (1k) of the statutes is created to read:

SB428,22,4 979.01 (1k) (a) Except as provided in par. (b), if a death must be reported under sub. (1), the coroner or medical examiner in the county in which the crime, injury, or other event that caused the death occurred has jurisdiction to investigate the cause and manner of death.

SB428,22,10 (b) If there is reason to believe that a death that must be reported under sub. (1) was caused by a crime, injury, or other event that occurred outside this state, or if after reasonable efforts it cannot be determined where the crime, injury, or other event that caused the death occurred, the coroner or medical examiner in the county in which death is pronounced has jurisdiction to investigate the cause and manner of death.

SB428, s. 48 Section 48. 979.01 (1m) of the statutes is renumbered 979.01 (1m) (a) and amended to read:

SB428,22,17 979.01 (1m) (a) The Except as provided in par. (b), the coroner or medical examiner receiving notification under sub. (1) or (1g) who has jurisdiction to investigate a death under this section shall immediately, within a reasonable time after receiving notice of the death, notify the district attorney for his or her county or the attorney general of the death.

SB428, s. 49 Section 49. 979.01 (1m) (b) of the statutes is created to read:

SB428,22,21 979.01 (1m) (b) Subject to s. 979.04 (2), the coroner or medical examiner is not required to notify the district attorney or attorney general of any deaths for which the district attorney, in writing, waives notice.

SB428, s. 50 Section 50. 979.01 (1p) of the statutes is created to read:

SB428,22,24 979.01 (1p) A coroner or medical examiner who receives notice of a death under sub. (1), or his or her designee, shall notify the deceased's next of kin of the death.

SB428, s. 51 Section 51. 979.01 (1r) of the statutes is amended to read:

SB428,23,5 979.01 (1r) If the coroner or medical examiner is notified of a death under sub. (1) or (1g) and determines that his or her notification of the death was not required under sub. (1) or (1g), the discovery of human remains under this section and determines that the remains have no forensic significance, he or she shall notify the director of the historical society under s. 157.70 (3).

SB428, s. 52 Section 52. 979.01 (2) of the statutes is renumbered 979.01 (2) (a) and amended to read: