SB428: Bill Text

Mental health treatment records

Under current law, a coroner or medical examiner may obtain a decedent's health care records without informed consent for the purpose of conducting a death investigation. This bill provides a coroner or medical examiner access to a decedent's mental health treatment records without informed consent for the purpose of conducting a death investigation.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB428, s. 1 Section 1. 15.255 (3) of the statutes is created to read:

SB428,7,5 15.255 (3) Board on medicolegal investigations. There is created a board on medicolegal investigations that is attached to the department of justice under s. 15.03 and that shall consist of the following members appointed for staggered 6-year terms:

SB428,7,7 (a) A coroner, a medical examiner, and a forensic pathologist, who are members of the Wisconsin Coroners and Medical Examiners Association.

SB428,7,8 (b) A member of the Wisconsin Funeral Directors Association.

SB428,7,9 (c) A member of the Wisconsin District Attorney's Association.

SB428,7,10 (d) A member of the Wisconsin Sheriffs and Deputy Sheriffs Association.

SB428,7,11 (e) A member of the Wisconsin Chiefs of Police Association, Inc.

SB428,7,12 (f) A member of the Wisconsin Counties Association.

SB428,7,13 (g) The attorney general or his or her designee.

SB428,7,14 (h) The state public defender or his or her designee.

SB428, s. 2 Section 2. 17.103 of the statutes is created to read:

SB428,8,2 17.103 Cause to remove coroner or medical examiner. Failure of a coroner to satisfy the testing and training requirements for coroners under s. 165.65 (1) constitutes cause for the governor to remove a coroner under s. 17.09 (5). Failure of a medical examiner to satisfy the testing or training requirements for medical examiners under s. 165.65 (1) constitutes cause for a county board to remove a medical examiner under s. 17.10 (2).

SB428, s. 3 Section 3. 51.30 (4) (b) 28. of the statutes is created to read:

SB428,8,13 51.30 (4) (b) 28. To a medical examiner, assistant medical examiner, coroner, or deputy coroner upon an oral or written request from that person, if the treatment records are relevant to completion of a medical certification under s. 69.18 (2) or to an investigation of the cause or manner of the patient's death under s. 979.01 or 979.10. A custodian of treatment records may initiate contact with a coroner or medical examiner to inform him or her of treatment records of a deceased patient that may be relevant to the completion of a medical certification or the investigation of a death. The recipient of any information under this subdivision shall keep the information confidential except as necessary to comply with s. 69.18, 979.01, or 979.10.

SB428, s. 4 Section 4. 59.34 (1) (a) of the statutes is amended to read:

SB428,9,6 59.34 (1) (a) Participate in inquest proceedings when required by law, except that in any county with a population of 500,000 or more and all counties which have instituted the medical examiner system this duty and the powers incident thereto shall be vested exclusively in the office of the medical examiner. Except as provided under s. 59.38 (5), the board shall appoint the medical examiner. The office may be occupied on a full-time or part-time basis and the officeholder shall be paid compensation as the board by ordinance provides. The duties performed by the county coroner and not vested in the medical examiner shall be performed by the clerk. The medical examiner may appoint such assistants as the board authorizes. Whenever requested by the court or district attorney, the medical examiner shall testify to facts and conclusions disclosed by autopsies performed by him or her, at his or her direction or in his or her presence; shall make physical examinations and tests incident to any matter of a criminal nature up for consideration before either the court or district attorney or attorney general upon request; shall testify as an expert for either the court or the state in all matters where the examinations or tests have been made; and shall perform such other duties of a pathological or medicolegal nature as may be required.

SB428, s. 5 Section 5. 59.34 (1) (cm) of the statutes is created to read:

SB428,9,9 59.34 (1) (cm) Complete training and testing required by the board of medicolegal investigations under s. 165.65.

SB428, s. 6 Section 6. 59.35 (3m) of the statutes is created to read:

SB428,9,12 59.35 (3m) A deputy coroner shall complete training and testing required by the board of medicolegal investigations under s. 165.65.

SB428, s. 7 Section 7. 59.38 (3m) of the statutes is created to read:

SB428,9,16 59.38 (3m) Training and testing. The medical examiner and his or her assistants shall complete training and testing required by the board of medicolegal investigations under s. 165.65.

SB428, s. 8 Section 8. 69.01 (12) of the statutes is amended to read:

SB428,9,22 69.01 (12) "Final disposition" means the disposition of a corpse or stillbirth by burial, interment, entombment, cremation, delivery to a university or school under s. 157.02 (3) (1m) (c) or delivery to a medical or dental school anatomy department under s. 157.06. "Final disposition" does not include disposition of the ashes produced by cremation of a corpse or stillbirth.

SB428, s. 9 Section 9. 69.18 (2) (d) 1. of the statutes is amended to read:

SB428,9,25 69.18 (2) (d) 1. Except as provided under par. (e), if a death is the subject of a coroner's or medical examiner's determination must be reported to a coroner or medical examiner under s. 979.01 or 979.03, the coroner or medical examiner or a physician supervised by a coroner or medical examiner in the county where the event which caused the death occurred shall complete and sign the medical certification for the death and mail the death certificate within 5 days after the pronouncement of death or present the certificate to the person responsible for filing the death certificate under sub. (1) within 6 days after the pronouncement of death.

SB428, s. 10 Section 10. 69.18 (3) (a) of the statutes is amended to read:

SB428,10,16 69.18 (3) (a) Except as provided under par. (c) or (e), the person who has moved a corpse under sub. (1) (a) shall complete a report for final disposition, on a form supplied by the state registrar, and, within 24 hours after being notified of the death, mail or present a copy of the report to the coroner or medical examiner in the county of the place of death and mail or present a copy to the local registrar in the registration district of the place of death. If the cause of death is subject to an investigation must be reported to a coroner or medical examiner under s. 979.01 or 979.03, the report for final disposition shall be submitted to the coroner or medical examiner in the county in which the event which caused the death occurred.

SB428, s. 11 Section 11. 69.18 (4) (a) (intro.) of the statutes is renumbered 69.18 (4) (c) and amended to read:

SB428,11,2 69.18 (4) (c) Subject to s. 157.111, the coroner or medical examiner of the county in which a decedent's corpse is interred shall issue an authorization a permit for disinterment and reinterment, on a form prescribed by the board on medicolegal investigations, upon receipt of an order of a court of competent jurisdiction or upon receipt of a written application for disinterment and reinterment signed by the person in charge of the disinterment and by any of the following persons, in order of priority stated, when persons in prior classes are not available at the time of application, and in the absence of actual notice of contrary indications by the decedent or actual notice of opposition by a member of the same or a prior class:.

SB428, s. 12 Section 12. 69.18 (4) (a) 1. to 6. of the statutes are renumbered 69.18 (4) (am) 1. to 6.

SB428, s. 13 Section 13. 69.18 (4) (am) (intro.) of the statutes is created to read:

SB428,11,7 69.18 (4) (am) (intro.) In this subsection, "decedent's representative" means any member of the following classes of individuals, in the order of priority listed:

SB428, s. 14 Section 14. 69.18 (4) (b) of the statutes is created to read:

SB428,11,11 69.18 (4) (b) Except as provided in s. 157.112 (3), no person may disinter a human corpse from a grave or tomb without first obtaining a disinterment permit under par. (c) or (d).

SB428, s. 15 Section 15. 69.18 (4) (bm) of the statutes is repealed.

SB428, s. 16 Section 16. 69.18 (4) (d) of the statutes is created to read:

SB428,11,18 69.18 (4) (d) Subject to s. 157.111, the coroner or medical examiner of the county in which a decedent's corpse is interred shall issue a disinterment permit, on a form prescribed by the board on medicolegal investigations, upon receipt of a written application for disinterment that is made and signed by a decedent's representative and signed by the person in charge of disinterment if all of the following apply:

SB428,11,20 1. No decedent's representative who is of a member of prior class under par. (am) is available at the time the application is made.

SB428,11,22 2. The coroner or medical examiner does not have actual notice that the deceased would have opposed the disinterment.

SB428,11,25 3. The coroner or medical examiner does not have actual notice of opposition to disinterment by a decedent's representative who is a member of the same or a prior class under par. (am) as the applicant.

SB428,12,2 4. The applicant provides proof of intent to cremate the decedent's corpse or to lawfully inter the decedent' s corpse in a specified burial place.

SB428, s. 17 Section 17. 69.18 (4) (e) of the statutes is created to read:

SB428,12,5 69.18 (4) (e) No person may cremate a corpse disintered under this subsection without obtaining a cremation release under s. 979.10 (1) (ag).

SB428, s. 18 Section 18. 69.18 (4) (f) of the statutes is created to read:

SB428,12,9 69.18 (4) (f) Except as provided in s. 157.112 (3), no person may disinter a decedent's cremated remains from a cemetery unless all of the following conditions are satisfied:

SB428,12,10 1. The cemetery authority, or its designee, consents to disinterment.

SB428,12,13 2. A decedent's representative consents to disinterment and no other decedent's representative who is a member of the same or a prior class under par. (am) objects to disinterment.

SB428, s. 19 Section 19. 69.20 (2) (a) 2. of the statutes is amended to read:

SB428,12,17 69.20 (2) (a) 2. For a certificate of death, any of the persons specified under s. 69.18 (4) (a) (am) 1. to 6. or an individual who is authorized in writing by one of the persons.

SB428, s. 20 Section 20. 157.02 (1), (2), (3), (4) and (5) of the statutes are renumbered 157.02 (1m) (a), (b), (c), (d) and (e), and 157.02 (1m) (b) and (e), as renumbered, are amended to read:

SB428,12,25 157.02 (1m) (b) Time allowed relative to act. If a relative or friend fails to arrange for taking charge of the corpse within a reasonable time after death, the superintendent or other officer may proceed as provided in this section subsection, but relatives or friends may claim the corpse at any time before it has been delivered pursuant to sub. (3) par. (c).

SB428,13,2 (e) Other disposition. If the corpse is not disposed of under subs. (1) to (4) pars. (a) to (d), the superintendent or public officer shall properly bury it.

SB428, s. 21 Section 21. 157.02 (1m) (title) of the statutes is created to read:

SB428,13,4 157.02 (1m) (title) Disposition of inmate's remains.

SB428, s. 22 Section 22. 157.02 (2m) of the statutes is created to read:

SB428,13,15 157.02 (2m) Disposition of other unclaimed remains. (a) If a person, other than a person who has responsibility to dispose of a corpse under sub. (1m), has the corpse of a deceased individual and cannot by exercise of reasonable effort locate the deceased's representative, as defined in s. 979.001 (1), or the deceased's representative refuses to claim the corpse for disposition, the person shall notify the coroner or medical examiner in the county in which the corpse is located, and the coroner or medical examiner shall take custody of the corpse and cause the corpse to be decently buried or cremated. The county shall pay costs of burial or cremation under this paragraph with funds other than funds appropriated for the operation of the coroner's or medical examiner's office.

SB428,13,22 (b) A coroner or medical is immune from civil liability for his or her choice of method for disposing of an unidentified corpse under this subsection if the coroner or medical examiner made reasonable efforts to identify the corpse. A coroner or medical examiner is immune from civil liability for his or her choice of method for disposing of an unclaimed corpse under this subsection if the coroner or medical examiner made reasonable efforts to notify the deceased's representative of the disposal of the corpse.

SB428, s. 23 Section 23. 157.03 (1) of the statutes is amended to read:

SB428,14,3 157.03 (1) The corpse of a person who died with smallpox, diphtheria, or scarlet fever, or who in his or her last sickness shall request to be buried or cremated, and of a stranger or traveler who suddenly died, shall not be disposed of under s. 157.02 (3) (1m) (c), and no person having charge of a corpse authorized to be so disposed of shall sell or deliver it to be used outside the state.

SB428, s. 24 Section 24. 157.03 (2) of the statutes is amended to read:

SB428,14,8 157.03 (2) Upon receipt of the corpse by a university or school pursuant to s. 157.02 (3) (1m) (c) it shall be properly embalmed and retained for 3 months before being used or dismembered and shall be delivered to any relative claiming it upon satisfactory proof of relationship.

SB428, s. 25 Section 25. 157.055 (2) (intro.) of the statutes is amended to read:

SB428,14,14 157.055 (2) (intro.) Notwithstanding ss. 69.18 (4), 157.113, 445.04 (2), 445.14, 979.01 (3), (3m), and (4), 979.02, and 979.025 (2), 979.027, 979.10, and 979.105, and subch. VI of ch. 440, during a period of a state of emergency related to public health declared by the governor under s. 166.03 (1) (b) 1., a public health authority may do all of the following:

SB428, s. 26 Section 26. 157.113 (title) of the statutes is created to read:

SB428,14,17 157.113 (title) Permission required to deposit cremated remains in cemetery.

SB428, s. 27 Section 27. 157.70 (3) (a) of the statutes is amended to read:

SB428,14,22 157.70 (3) (a) Except as provided under s. 979.01, a A person shall immediately notify the director if the person knows or has reasonable grounds to believe that a burial site or the cataloged land contiguous to a cataloged burial site is being disturbed or may be disturbed contrary to the requirements of subs. (4) and (5).

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).