8. The bill requires the Department of Heath Services to designate AIDS
service organizations, which are defined in the bill as nonprofit corporations or
public agencies that provide, or arrange for the provision of, comprehensive services
to prevent HIV infection and comprehensive health and social services for persons
who have an HIV infection.
9. The bill eliminates a state law requirement for HIV testing of sperm and ova
that are donated as anatomical gifts. Federal law requires HIV testing of all donated
sperm and ova.
10. The bill makes numerous changes that modernize and simplify references
to HIV tests and reorganizes provisions relating to HIV testing and disclosure of HIV
test results.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB659, s. 1
1Section
1. 48.371 (1) (a) of the statutes is amended to read:
AB659,5,92
48.371
(1) (a) Results of
a an HIV test
or a series of tests, as defined in s. 252.01
3(2m), of the child
to determine the presence of HIV, as defined in s. 968.38 (1) (b),
4antigen or nonantigenic products of HIV, or an antibody to HIV, as provided under
5s. 252.15
(5) (a) 19. (3m) (d) 15., including results included in a court report or
6permanency plan. At the time that the
HIV test results are provided, the agency
7shall notify the foster parent, treatment foster parent, relative, or operator of the
8group home or residential care center for children and youth of the confidentiality
9requirements under s. 252.15 (6).
AB659, s. 2
10Section
2. 49.686 (1) (g) of the statutes is repealed.
AB659, s. 3
11Section
3. 59.69 (15) (im) of the statutes is amended to read:
AB659,5,1812
59.69
(15) (im) The fact that an individual with acquired immunodeficiency
13syndrome or a positive
HIV test
for the presence of HIV, as defined in s. 252.01
(1m),
14antigen or nonantigenic products of HIV or an antibody to HIV
(2m), resides in a
15community living arrangement with a capacity for 8 or fewer persons may not be
16used under par. (i) to assert or prove that the existence of the community living
17arrangement in the municipality poses a threat to the health, safety or welfare of the
18residents of the municipality.
AB659, s. 4
19Section
4. 60.63 (10m) of the statutes is amended to read:
AB659,6,7
160.63
(10m) The fact that an individual with acquired immunodeficiency
2syndrome or a positive
HIV test
for the presence of HIV, as defined in s. 252.01
(1m),
3antigen or nonantigenic products of HIV or an antibody to HIV
(2m), resides in a
4community living arrangement with a capacity for 8 or fewer persons may not be
5used under sub. (10) to assert or prove that the existence of the community living
6arrangement in the town poses a threat to the health, safety or welfare of the
7residents of the town.
AB659, s. 5
8Section
5. 62.23 (7) (i) 9m. of the statutes is amended to read:
AB659,6,159
62.23
(7) (i) 9m. The fact that an individual with acquired immunodeficiency
10syndrome or a positive
HIV test
for the presence of HIV, as defined in s. 252.01
(1m),
11antigen or nonantigenic products of HIV or an antibody to HIV
(2m), resides in a
12community living arrangement with a capacity for 8 or fewer persons may not be
13used under subd. 9. to assert or prove that the existence of the community living
14arrangement in the city poses a threat to the health, safety or welfare of the residents
15of the city.
AB659, s. 6
16Section
6. 101.02 (19) (a) of the statutes is amended to read:
AB659,7,217
101.02
(19) (a) The department shall, after consulting with the department of
18health services, develop a report form to document
significant exposure to contact
19with blood or body fluids
that constitutes a significant exposure, for use under s.
20252.15
(2) (a) 7. ak (5g) (c). The form shall contain the following language for use by
21a person who may have
been significantly exposed
had a significant exposure:
22"REMEMBER — WHEN YOU ARE INFORMED OF AN HIV TEST RESULT BY
23USING THIS FORM, IT IS A VIOLATION OF THE LAW FOR YOU TO REVEAL
24TO ANYONE ELSE THE IDENTITY OF THE PERSON WHO IS THE SUBJECT
1OF THAT TEST RESULT. (PENALTY: POSSIBLE JAIL AND UP TO
$10,000 2$50,000 FINE)".
AB659, s. 7
3Section
7. 103.15 (title) of the statutes is amended to read:
AB659,7,4
4103.15 (title)
Restrictions on use of a an HIV test for HIV.
AB659, s. 8
5Section
8. 103.15 (1) (bm) of the statutes is created to read:
AB659,7,66
103.15
(1) (bm) "HIV test" has the meaning given in s. 252.01 (2m).
AB659, s. 9
7Section
9. 103.15 (2) (a) of the statutes is amended to read:
AB659,7,108
103.15
(2) (a) Solicit or require
an HIV test as a condition of employment of any
9employee or prospective employee
a test for the presence of HIV, antigen or
10nonantigenic products of HIV or an antibody to HIV.
AB659, s. 10
11Section
10. 103.15 (2) (b) of the statutes is amended to read:
AB659,7,1512
103.15
(2) (b) Affect the terms, conditions or privileges of employment or
13terminate the employment of any employee who obtains
a an HIV test
for the
14presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV, as
15defined in s. 252.01 (2m).
AB659, s. 11
16Section
11. 103.15 (3) of the statutes is amended to read:
AB659,7,2117
103.15
(3) Any agreement by an employer or agent of the employer and an
18employee or prospective employee offering employment or any pay or benefit to an
19employee or prospective employee in return for taking
a an HIV test
for the presence
20of HIV, antigen or nonantigenic products of HIV or an antibody to HIV is prohibited,
21except as provided under sub. (2) (intro.).
AB659, s. 12
22Section
12. 118.125 (2m) (b) of the statutes is amended to read:
AB659,8,223
118.125
(2m) (b) Any pupil record that concerns the results of
a an HIV test
24for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to
1HIV, as defined in s. 252.01 (2m), shall be treated as provided under s. 252.15.
In this
2subsection, "HIV" has the meaning given in s. 252.01 (1m).
AB659,8,185
146.81
(4) "Patient health care records" means all records related to the health
6of a patient prepared by or under the supervision of a health care provider; and all
7records made by an ambulance service provider, as defined in s. 256.01 (3), an
8emergency medical technician, as defined in s. 256.01 (5), or a first responder, as
9defined in s. 256.01 (9), in administering emergency care procedures to and handling
10and transporting sick, disabled, or injured individuals. "Patient health care records"
11includes billing statements and invoices for treatment or services provided by a
12health care provider and includes health summary forms prepared under s. 302.388
13(2). "Patient health care records" does not include those records subject to s. 51.30,
14reports collected under s. 69.186, records of tests administered under s. 252.15
(2)
15(a) 7. (5g) or (5j), 343.305, 938.296 (4) or (5) or 968.38 (4) or (5), records related to sales
16of pseudoephedrine products, as defined in s. 961.01 (20c), that are maintained by
17pharmacies under s. 961.235, fetal monitor tracings, as defined under s. 146.817 (1),
18or a pupil's physical health records maintained by a school under s. 118.125.
AB659, s. 14
19Section
14. 149.12 (1) (intro.) of the statutes is amended to read:
AB659,9,220
149.12
(1) (intro.) Except as provided in subs. (1m), (2), and (3), the authority
21shall certify as eligible a person who is covered by Medicare because he or she is
22disabled under
42 USC 423, a person who submits evidence that he or she has
tested
23positive for the presence of HIV, antigen or nonantigenic products of HIV, or an
24antibody to HIV, a positive, validated HIV test result, as defined in s. 252.01 (8); a
25person who is an eligible individual
,; and any person who receives and submits any
1of the following based wholly or partially on medical underwriting considerations
2within 9 months prior to making application for coverage by the plan:
AB659, s. 15
3Section
15. 252.01 (2m) of the statutes is created to read:
AB659,9,54
252.01
(2m) "HIV test" means a test for the presence of HIV or an antibody to
5HIV.
AB659, s. 16
6Section
16. 252.01 (8) of the statutes is amended to read:
AB659,9,107
252.01
(8) "Validated
HIV test result" means a result of
a an HIV test
for the
8presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV that
9meets the validation requirements determined to be necessary by the state
10epidemiologist.
AB659, s. 17
11Section
17. 252.11 (5m) of the statutes is amended to read:
AB659,9,1712
252.11
(5m) A health care professional, as defined in s. 968.38 (1) (a), acting
13under an order of a court under s. 938.296 (4)
or (5) or 968.38 (4)
or (5) may, without
14first obtaining informed consent to the testing, subject an individual to a test or a
15series of tests to ascertain whether that individual is infected with a sexually
16transmitted disease. No sample used for performance of a test under this subsection
17may disclose the name of the test subject.
AB659, s. 18
18Section
18. 252.11 (7) of the statutes is amended to read:
AB659,9,2519
252.11
(7) Reports, examinations and inspections and all records concerning
20sexually transmitted diseases are confidential and not open to public inspection, and
21may not be divulged except as may be necessary for the preservation of the public
22health, in the course of commitment proceedings under sub. (5), or as provided under
23s. 938.296 (4)
or (5) or 968.38 (4)
or (5). If a physician or advanced practice nurse
24prescriber has reported a case of sexually transmitted disease to the department
25under sub. (4), information regarding the presence of the disease and treatment is
1not privileged when the patient, physician, or advanced practice nurse prescriber is
2called upon to testify to the facts before any court of record.
AB659, s. 19
3Section
19. 252.12 (1) (b) of the statutes is created to read:
AB659,10,84
252.12
(1) (b) "AIDS service organizations" means nonprofit corporations or
5public agencies that provide, or arrange for the provision of, comprehensive services
6to prevent HIV infection and comprehensive health and social services for persons
7who have HIV infection, and that are designated as such by the department under
8sub. (4).
AB659, s. 20
9Section
20. 252.12 (2) (a) 3. d. of the statutes is amended to read:
AB659,10,1110
252.12
(2) (a) 3. d. Locations for procuring additional information or obtaining
11HIV testing services.
AB659, s. 21
12Section
21. 252.12 (2) (a) 5. of the statutes is amended to read:
AB659,10,1913
252.12
(2) (a) 5. The department shall perform
HIV tests
for the presence of
14HIV and, if appropriate,
tests for the presence of related infections and shall conduct
15behavioral surveys among population groups determined by the department to be
16highly at risk of becoming infected with or transmitting HIV and related infections.
17Information obtained shall be used to develop targeted HIV infection and related
18infection prevention efforts for these groups and to evaluate the state's prevention
19strategies.
AB659, s. 22
20Section
22. 252.12 (2) (a) 7. of the statutes is amended to read:
AB659,10,2521
252.12
(2) (a) 7. The department shall distribute funding in each fiscal year to
22contract with organizations to provide, at alternate testing sites, anonymous or
23confidential counseling services for HIV
and, laboratory
HIV testing services
for the
24presence of HIV, and, if appropriate,
laboratory testing services for the presence of 25related viruses.
AB659, s. 23
1Section
23. 252.12 (4) of the statutes is created to read:
AB659,11,42
252.12
(4) Designation of AIDS service organizations. The department shall
3designate AIDS service organizations and specify the geographical area of the state
4in which they are designated to provide services.
AB659, s. 24
5Section
24. 252.13 (title) of the statutes is amended to read:
AB659,11,6
6252.13 (title)
Blood HIV tests for HIV.
AB659, s. 25
7Section
25. 252.13 (1m) of the statutes is amended to read:
AB659,11,218
252.13
(1m) Except as provided under sub. (3), any blood bank, blood center
9or plasma center in this state that purchases or receives whole blood, blood plasma,
10a blood product or a blood derivative shall, prior to its distribution or use and
in
11accordance with
informed consent under the
requirements of conditions under s.
12252.15
(2) (b) (2m) (a), subject that blood, plasma, product or derivative to
a
an HIV 13test
or series of tests that the state epidemiologist finds medically significant and
14sufficiently reliable under sub. (1r) (a) to detect the presence of HIV, antigen or
15nonantigenic products of HIV or an antibody to HIV. This subsection does not apply
16to a blood bank that purchases or receives whole blood, blood plasma, a blood product
17or a blood derivative from a blood bank, blood center or plasma center in this state
18if the whole blood, blood plasma, blood product or blood derivative has previously
19been subjected to
a an HIV test
or series of tests that the state epidemiologist finds
20medically significant and sufficiently reliable under sub. (1r) (a) to detect the
21presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV.
AB659, s. 26
22Section
26. 252.13 (1r) (intro.) of the statutes is amended to read:
AB659,12,223
252.13
(1r) (intro.) For the purposes of this section, the state epidemiologist
24shall make separate findings of medical significance and sufficient reliability for
a
25an HIV test or a series of
HIV tests
to detect the presence of HIV, antigen or
1nonantigenic products of HIV or an antibody to HIV for each of the following
2purposes:
AB659, s. 27
3Section
27. 252.13 (3) of the statutes is amended to read:
AB659,12,74
252.13
(3) If a medical emergency, including a threat to the preservation of life
5of a potential donee, exists under which whole blood, blood plasma, a blood product
, 6or a blood derivative that has been subjected to
HIV testing under sub. (1m) is
7unavailable, the requirement of sub. (1m) shall not apply.
AB659, s. 28
8Section
28. 252.13 (4) of the statutes is amended to read:
AB659,12,119
252.13
(4) Subsections (1m) and (2) do not apply to the extent that federal law
10or regulations require that a blood bank, blood center
, or plasma center
administer
11an HIV test
to whole blood, blood plasma, a blood product
, or a blood derivative.
AB659, s. 29
12Section
29. 252.13 (5) of the statutes is amended to read:
AB659,12,2113
252.13
(5) Whole blood, blood plasma, a blood product
, or a blood derivative
14described under sub. (2) that is voluntarily donated solely for the purpose of an
15autologous transfusion may be distributed to or used by the person who has donated
16the whole blood, blood plasma, blood product
, or blood derivative. No person other
17than the person who has donated the whole blood, blood plasma, blood product
, or
18blood derivative may receive or use the whole blood, blood plasma, blood product
, or
19blood derivative unless it has been subjected to
a
an HIV test under sub. (1m) and
20performance of the test has yielded a negative
, validated HIV test result
for the
21presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV.
AB659, s. 30
22Section
30. 252.133 (title) of the statutes is created to read:
AB659,12,23
23252.133 (title)
HIV testing for anatomical gifts.
AB659, s. 31
24Section
31. 252.14 (2) (intro.) of the statutes is amended to read:
AB659,13,9
1252.14
(2) (intro.) No health care provider, peace officer, fire fighter,
2correctional officer, state patrol officer, jailer or keeper of a jail or person designated
3with custodial authority by the jailer or keeper, home health agency, inpatient health
4care facility
, or person who has access to a validated
HIV test result may do any of
5the following with respect to an individual who has acquired immunodeficiency
6syndrome or has a positive
, validated HIV test
for the presence of HIV, antigen or
7nonantigenic products of HIV or an antibody to HIV result, solely because the
8individual has HIV infection or an illness or medical condition that is caused by,
9arises from
, or is related to HIV infection:
AB659, s. 32
10Section
32. 252.14 (2m) of the statutes is created to read:
AB659,13,1311
252.14
(2m) If a person declines to be subjected to an HIV test, a health care
12provider may not use the fact that the person declined an HIV test as a basis for
13denying services or treatment, other than an HIV test, to the person.
AB659, s. 33
14Section
33. 252.14 (3) of the statutes is amended to read:
AB659,13,2215
252.14
(3) A health care provider, home health agency, or inpatient health care
16facility that tests an individual for HIV infection shall provide counseling about HIV
17and referral for appropriate health care and support services as necessary. A health
18care provider, home health agency
, or inpatient health care facility that treats an
19individual who has an HIV infection or acquired immunodeficiency syndrome shall
20develop and follow procedures that shall ensure continuity of care for the individual
21in the event that his or her condition exceeds the scope of licensure or certification
22of the provider, agency
, or facility.
AB659, s. 34
23Section
34. 252.14 (4) of the statutes is amended to read:
AB659,14,324
252.14
(4) Any person violating sub. (2) is liable to the patient for actual
25damages and costs, plus exemplary damages of up to
$5,000 $10,000 for an
1intentional violation. In determining the amount of exemplary damages, a court
2shall consider the ability of a health care provider who is an individual to pay
3exemplary damages.
AB659, s. 35
4Section
35. 252.15 (title) of the statutes is amended to read:
AB659,14,5
5252.15 (title)
Restrictions on use of a an HIV test for HIV.
AB659, s. 36
6Section
36. 252.15 (1) (ab) of the statutes is repealed.
AB659, s. 37
7Section
37. 252.15 (1) (ac) of the statutes is created to read:
AB659,14,88
252.15
(1) (ac) "Authorized representative" means any of the following:
AB659,14,109
1. A health care agent, as defined under s. 155.01 (4), acting in accordance with
10a power of attorney for health care that is in effect under s. 155.05 (2).
AB659,14,1211
2. A person named by the court under ch. 48 or 54 or ch. 880, 2003 stats., having
12the duty and authority of guardianship.
AB659,14,1313
3. A parent or legal custodian of a person who is under 14 years of age.
AB659,14,1614
4. For a person who is unable to communicate due to a medical condition, the
15person's closet living relative or another individual with whom the person has a
16meaningful social and emotional relationship.
AB659, s. 38
17Section
38. 252.15 (1) (am) of the statutes is amended to read:
AB659,14,2018
252.15
(1) (am) "Health care professional" means a physician
or physician
19assistant who is licensed under ch. 448 or a registered nurse or licensed practical
20nurse who is licensed under ch. 441.
AB659, s. 39
21Section
39. 252.15 (1) (d) of the statutes is repealed.
AB659, s. 40
22Section
40. 252.15 (1) (e) of the statutes is repealed.
AB659, s. 41
23Section
41. 252.15 (1) (em) (intro.) of the statutes is amended to read:
AB659,15,3
1252.15
(1) (em) (intro.)
"Significantly exposed" "Significant exposure" means
2sustained a contact
which that carries a potential for a transmission of HIV, by one
3or more of the following:
AB659, s. 42
4Section
42. 252.15 (1) (fm) of the statutes is amended to read:
AB659,15,95
252.15
(1) (fm) "
Universal Standard precautions" means measures that a
6health care provider, an employee of a health care provider or other individual takes
7in accordance with recommendations of the federal centers for disease control for the
8health care provider, employee or other individual for prevention of HIV
9transmission in health-care settings.