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.
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:
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.
209,136
Section
136. 631.90 (2) (c) of the statutes is amended to read:
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.
209,137
Section
137. 631.90 (3) (a) of the statutes is amended to read:
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 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.
209,138
Section
138. 631.90 (3) (b) of the statutes is amended to read:
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).
209,139
Section
139. 901.05 (2) (intro.) of the statutes is amended to read:
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:
209,140
Section
140. 938.296 (1) (bm) of the statutes is created to read:
938.296 (1) (bm) "HIV test" has the meaning given in s. 252.01 (2m).
209,141
Section
141. 938.296 (1) (d) of the statutes is amended to read:
938.296 (1) (d) "Significantly exposed" "Significant exposure" has the meaning given in s. 252.15 (1) (em).
209,142
Section
142. 938.296 (2) (intro.) of the statutes is amended to read:
