2009 Wisconsin Act 209

252.15 (3m) (d) 11. To a coroner, medical examiner , or an appointed assistant to a coroner or medical examiner, if one or more of the following conditions exist applies:

a. The coroner, medical examiner, or an appointed assistant is investigating the cause of death of the subject of the HIV test and possible HIV-infected status is relevant to the cause of death of a person whose death is under direct investigation by the coroner, medical examiner or appointed assistant.

b. The coroner, medical examiner, or appointed assistant is significantly exposed to a person whose death is under direct investigation by the coroner, medical examiner, or appointed assistant investigating the cause of death of the subject of the HIV test and has contact with the body fluid of the subject of the HIV test that constitutes a significant exposure, if a physician, physician assistant, or advanced practice nurse prescriber, based on information provided to the physician, physician assistant, or advanced practice nurse prescriber, determines and certifies in writing that the coroner, medical examiner, or appointed assistant has been significantly exposed had a contact that constitutes a significant exposure and if the certification accompanies the request for disclosure.

209,98 Section 98. 252.15 (5) (a) 13. of the statutes is renumbered 252.15 (3m) (d) 12. and amended to read:

252.15 (3m) (d) 12. 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.

209,99 Section 99. 252.15 (5) (a) 14. of the statutes is renumbered 252.15 (3m) (d) 13. and amended to read:

252.15 (3m) (d) 13. If the test results of a test administered to an individual are subject of the HIV test has a positive HIV test result and the individual is deceased, by the individual's subject's attending physician, physician assistant, or advanced practice nurse prescriber, to persons, if known to the physician, physician assistant, or advanced practice nurse prescriber, with whom the individual has subject had sexual contact or has shared intravenous drug use paraphernalia.

209,100 Section 100. 252.15 (5) (a) 15. of the statutes is repealed.

209,101 Section 101. 252.15 (5) (a) 17. of the statutes is renumbered 252.15 (3m) (d) 14. and amended to read:

252.15 (3m) (d) 14. To an alleged victim or victim, to a health care professional, upon request a person under s. 938.296 (4) (a) to (e) as specified in s. 938.296 (4) (e) or; to a person under s. 938.296 (5) (a) to (e) as specified in s. 938.296 (5) (e) or; to a person under s. 968.38 (4) (a) to (c) or (5) (c), who provides care to the alleged victim or victim and, if the alleged victim or victim is a minor, to the parent or guardian of the alleged victim or victim, as specified in s. 968.38 (4); or to a person under s. 938.296 (4) or 968.38 (5) or (a) to (c) as specified in s. 968.38 (4) or (5).

209,102 Section 102. 252.15 (5) (a) 18. of the statutes is repealed.

209,103 Section 103. 252.15 (5) (a) 19. of the statutes is renumbered 252.15 (3m) (d) 15. and amended to read:

252.15 (3m) (d) 15. If the subject of the HIV test was administered to is 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.

209,104 Section 104. 252.15 (5) (a) 20. of the statutes is renumbered 252.15 (3m) (d) 16. and amended to read:

252.15 (3m) (d) 16. To a If the subject of the HIV test is a prisoner, to the 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 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 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 results are disclosed under s. 302.388 (2) (c) or (f) or the department of corrections if the disclosure is made with respect to a prisoner's patient health care records under s. 302.388 (4).

209,105 Section 105. 252.15 (5) (b) of the statutes is renumbered 252.15 (3m) (h) and amended to read:

252.15 (3m) (h) A private pay patient may deny access to prohibit disclosure of his or her HIV test results granted under par. (a) (d) 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 disclosure be prohibited.

209,106 Section 106. 252.15 (5g) (intro.) and (a) of the statutes are created to read:

252.15 (5g) Significant exposure. A person who has contact with body fluid of an individual that constitutes a significant exposure may cause the individual to be subjected to HIV testing and receive the results of the HIV test under sub. (3m) (e) if all of the following apply:

(a) The contact occurred under one of the following circumstances:

209,107 Section 107. 252.15 (5g) (a) 6. of the statutes is created to read:

252.15 (5g) (a) 6. While the person rendered emergency care at the scene of an emergency or accident, if the person is immune from civil liability for rendering the care under s. 895.48 or 895.4802 (2).

209,108 Section 108. 252.15 (5g) (g) 3. of the statutes is created to read:

252.15 (5g) (g) 3. That, except as provided in subd. 2., the HIV test may not be disclosed to any person.

209,109 Section 109. 252.15 (5j) (title) of the statutes is created to read:

252.15 (5j) (title) Court order for HIV testing.

209,110 Section 110. 252.15 (5m) (title) of the statutes is amended to read:

252.15 (5m) (title) Autopsies; HIV testing of certain corpses.

209,111 Section 111. 252.15 (5m) (intro.) of the statutes is renumbered 252.15 (5m) (d) (intro.) and amended to read:

252.15 (5m) (d) (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 contact that constitutes a significant exposure with body fluid of the corpse or an individual who subsequently dies, if all of the following conditions apply:

209,112 Section 112. 252.15 (5m) (a) of the statutes is renumbered 252.15 (5m) (d) 1. a. and amended to read:

252.15 (5m) (d) 1. a. If a While the person, including a person exempted from civil liability under the conditions specified under s. 895.48, or 895.4802, or 895.4803, who (2) renders to the victim of an emergency or accident emergency care during the course of which the emergency caregiver is significantly exposed to the an emergency or accident victim and the emergency or accident victim subsequently dies prior to testing for the presence of performance of an HIV, antigen or nonantigenic products of HIV, or an antibody to HIV; 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 and disclosure. Testing of a corpse under this paragraph shall be ordered by the coroner, medical examiner, or physician who certifies the victim's cause of death under s. 69.18 (2) (b), (c) or (d) test on the victim.

209,113 Section 113. 252.15 (5m) (b) of the statutes is renumbered 252.15 (5m) (d) 1. b. and amended to read:

252.15 (5m) (d) 1. b. If The person is a funeral director, coroner, medical examiner, or appointed assistant to a coroner or medical examiner who and the contact occurs while the person prepares the corpse of a decedent for burial or other disposition or a while the person who performs an autopsy or assists in performing an autopsy is significantly exposed to on 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 testing and disclosure. Testing 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.

209,114 Section 114. 252.15 (5m) (c) of the statutes is renumbered 252.15 (5m) (d) 1. c. and amended to read:

252.15 (5m) (d) 1. c. If The person is a health care provider or an agent or employee of a health care provider is significantly exposed to and the person has contact with body fluid of the corpse, or to of a patient who dies subsequent to the exposure contact and prior to testing for the presence performance of an HIV, antigen or nonantigenic products of HIV, or an antibody to HIV; 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 physician or advanced practice nurse prescriber who certifies that the significant exposure has occurred test on the patient.

209,115 Section 115. 252.15 (5m) (d) 1. (intro.) of the statutes is created to read:

252.15 (5m) (d) 1. The contact occurs under any of the following circumstances:

209,116 Section 116. 252.15 (5m) (d) 2. and 3. of the statutes are created to read:

252.15 (5m) (d) 2. A physician, physician assistant, or advanced practice nurse prescriber, based on information provided to the physician, physician assistant, or advanced practice nurse prescriber, determines and certifies in writing that the contact under subd. 1. constitutes a significant exposure. A health care provider who as a contact under par. (d) 1. c. may not make the certification under this subdivision for himself or herself.

3. The certification under subd. 2. accompanies the request for performance of an HIV test and disclosure.

209,117 Section 117. 252.15 (5m) (e) of the statutes is created to read:

252.15 (5m) (e) If the conditions under par. (d) are satisfied, the following person shall order an HIV test of the corpse:

1. If the contact occurs as provided under par. (d) 1. a., the coroner, medical examiner, or physician who certifies the victim's cause of death under s. 69.18 (2) (b), (c), or (d).

2. If the contact occurs as provided under par. (d) 1. b., the attending physician, physician assistant, or advanced practice nurse prescriber of the funeral director, coroner, medical examiner, or appointed assistant.

3. If the contact occurs as provided under (d) 1. c., the physician, physician assistant, or advanced practice nurse prescriber who makes the certification under par. (d) 2.

209,118 Section 118. 252.15 (6) of the statutes is amended to read:

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) (3m) (a), (b), (d), or (e) or (5m) may disclose the test results except as authorized under sub. (5) (a) (3m) (a), (b), (d), or (e) or (5m).

209,119 Section 119. 252.15 (7) (title) of the statutes is amended to read:

252.15 (7) (title) Reporting of positive HIV test results.

209,120 Section 120. 252.15 (7) (a) of the statutes is amended to read:

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).

209,121 Section 121. 252.15 (7) (b) (intro.) of the statutes is amended to read:

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

209,122 Section 122. 252.15 (7) (b) 4. of the statutes is amended to read:

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

209,123 Section 123. 252.15 (7) (b) 5. of the statutes is amended to read:

252.15 (7) (b) 5. The HIV test result.

209,124 Section 124. 252.15 (7) (b) 5m. of the statutes is created to read:

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

209,125 Section 125. 252.15 (7) (c) 1. of the statutes is amended to read:

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

209,126 Section 126. 252.15 (7) (c) 2. of the statutes is amended to read:

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

209,127 Section 127. 252.15 (7m) of the statutes is amended to read:

252.15 (7m) Reporting of persons significantly exposed. If a positive, validated HIV test result is obtained from a test subject, the test subject's physician, physician assistant, or advanced practice nurse prescriber who maintains a record of the HIV test result under sub. (4) (c) may report to the state epidemiologist the name of any person known to the physician, physician assistant, or advanced practice nurse prescriber to have been significantly exposed to had contact with body fluid of the test subject that constitutes a significant exposure, only after the physician, physician assistant, or advanced practice nurse prescriber has done all of the following:

(a) Counseled the HIV test subject to inform any person who has been significantly exposed to had contact with body fluid of the test subject that constitutes a significant exposure.

(b) Notified the HIV test subject that the name of any person known to the physician, physician assistant, or advanced practice nurse prescriber to have been significantly exposed to had contact with body fluid of the test subject that constitutes a significant exposure will be reported to the state epidemiologist.

209,128 Section 128. 252.15 (7r) of the statutes is created to read:

252.15 (7r) Explanation of HIV for test subjects. The department shall provide to health care providers, blood banks, blood centers, and plasma centers a brief explanation or description of all of the following that a health care provider, blood bank, blood center, or plasma center may provide prospective HIV test subjects under sub. (2m) (a) 2.:

(a) HIV infection.

(b) HIV test results.

(c) Requirements under subs. (7) (b) and (7m) for reporting HIV test results.

(d) Treatment options for a person who has a positive HIV test result.

(e) Services provided by AIDS service organizations, as defined in s. 252.12 (1) (b), and other community-based organizations for persons who have a positive HIV test result.

209,129 Section 129. 252.15 (8) of the statutes is amended to read:

252.15 (8) Civil liability. (a) Any person violating sub. (2), (5) (a) (2m), (3m) (b), (d), or (f), (5m), (6) or (7) (c) is liable to the subject of the 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.

(b) The plaintiff in an action under par. (a) has the burden of proving by a preponderance of the evidence that a violation occurred under sub. (2), (5) (a) (2m), (3m) (b), (d), or (f), (5m), (6) or (7) (c). A conviction under sub. (2), (5) (a) (2m), (3m) (b), (d), or (f), (5m), (6) or (7) (c) is not a condition precedent to bringing an action under par. (a).

209,130 Section 130. 252.15 (9) of the statutes is amended to read:

252.15 (9) Penalties. Whoever intentionally discloses the results of a blood an HIV test in violation of sub. (2) (a) 7m., (5) (a) (3m) (b) or (f) or (5m) and thereby causes bodily harm or psychological harm to the subject of the HIV 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) (3m) (b) or (f) or (5m) 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) sub. (3m) (b) or (f) or (5m), 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.

209,131 Section 131. 256.15 (12) (a) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

256.15 (12) (a) All records made by an ambulance service provider, an emergency medical technician or a first responder in administering emergency care procedures to and handling and transporting sick, disabled or injured individuals shall be maintained as confidential patient health care records subject to s. 252.15 (5) (a) (intro.) (3m), (6), (8) and (9), if applicable. Nothing in this paragraph or ss. 146.81 to 146.84 permits disclosure to an ambulance service provider, an emergency medical technician or a first responder under s. 252.15 (5) (a) (3m), except under s. 252.15 (5) (a) 11 (3m) (e).

209,132 Section 132. 440.20 (4) of the statutes is amended to read:

440.20 (4) In addition to any grounds for discipline specified in chs. 440 to 480, the department or appropriate examining board, affiliated credentialing board or board in the department may reprimand the holder of a credential or deny, limit, suspend or revoke the credential of any person who intentionally violates s. 252.14 (2) or intentionally discloses the results of a blood test in violation of s. 252.15 (5) (a) (3m) (b) or (f) or (5m).

209,133 Section 133. 631.90 (1) of the statutes is amended to read:

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).

209,134 Section 134. 631.90 (2) (a) of the statutes is amended to read:

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.

209,135 Section 135. 631.90 (2) (b) of the statutes is amended to read: