AB659,28,99 252.15 (3m) (title) Confidentiality and disclosure of HIV test results.
AB659, s. 86 10Section 86. 252.15 (5) (a) (intro.) of the statutes is renumbered 252.15 (3m)
11(a) and amended to read:
AB659,28,1712 252.15 (3m) (a) An individual who is the The subject of a an HIV test for the
13presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV
or
14the individual's health care agent, if the individual has executed a power of attorney
15for health care instrument under ch. 155 and has been found to be incapacitated
16under s. 155.05 (2),
subject's authorized representative may disclose the results of
17the individual's subject's test to anyone. A
AB659,28,24 18(b) Except as provided under par. (d) or (e), a person who is neither the
19individual subject of the HIV test nor the individual's health care agent subject's
20authorized representative
may not, unless he or she is specifically authorized by the
21individual to do so,
disclose the individual's subject's HIV test results except to the
22following persons or under
unless the subject of the HIV test or his or her authorized
23representative has signed authorization for the disclosure that contains all of
the
24following circumstances:
AB659, s. 87
1Section 87. 252.15 (5) (a) 1. of the statutes is renumbered 252.15 (3m) (d) 1.
2and amended to read:
AB659,29,63 252.15 (3m) (d) 1. To the subject of the HIV test and, if the test subject has
4executed a power of attorney for health care instrument under ch. 155 and has been
5found to be incapacitated under s. 155.05 (2),
the health care agent subject's
6authorized representative
.
AB659, s. 88 7Section 88. 252.15 (5) (a) 2. of the statutes is renumbered 252.15 (3m) (d) 2.
8and amended to read:
AB659,29,119 252.15 (3m) (d) 2. To a health care provider who provides care to the test subject
10of the HIV test, including those instances in which a health care provider provides
11emergency care to the subject.
AB659, s. 89 12Section 89. 252.15 (5) (a) 3. of the statutes is renumbered 252.15 (3m) (d) 3.
AB659, s. 90 13Section 90. 252.15 (5) (a) 4. of the statutes is renumbered 252.15 (3m) (d) 4.,
14and 252.15 (3m) (d) 4. (intro.), a. and b., as renumbered, are amended to read:
AB659,29,1715 252.15 (3m) (d) 4. (intro.) To a blood bank, blood center, or plasma center that
16subjects a person to a subjected the test subject to an HIV test under sub. (2) (a), for
17any of the following purposes:
AB659,29,1918 a. Determining the medical acceptability of blood or plasma secured from the
19test subject of the HIV test.
AB659,29,2020 b. Notifying the test subject of the HIV test of the test results.
AB659, s. 91 21Section 91. 252.15 (5) (a) 5. of the statutes is renumbered 252.15 (3m) (d) 5.
AB659, s. 92 22Section 92. 252.15 (5) (a) 6. of the statutes is renumbered 252.15 (3m) (d) 6.
23and amended to read:
AB659,30,3
1252.15 (3m) (d) 6. To the state epidemiologist or his or her designee, or to a local
2health officer or his or her designees
, for the purpose of providing epidemiologic
3surveillance or investigation or control of communicable disease.
AB659, s. 93 4Section 93. 252.15 (5) (a) 7. of the statutes is renumbered 252.15 (3m) (d) 7.
5and amended to read:
AB659,30,96 252.15 (3m) (d) 7. To a funeral director, as defined under s. 445.01 (5) (a) 1. or
72. or (c) or to other persons who prepare the body of a decedent the subject of the HIV
8test
for burial or other disposition or to a person who performs an autopsy, or assists
9in performing an autopsy, on the subject of the HIV test.
AB659, s. 94 10Section 94. 252.15 (5) (a) 8. and 9. of the statutes are renumbered 252.15 (3m)
11(d) 8. and 9.
AB659, s. 95 12Section 95. 252.15 (5) (a) 10. of the statutes is renumbered 252.15 (3m) (d) 10.,
13and 252.15 (3m) (d) 10. (intro.), a. and c., as renumbered, are amended to read:
AB659,30,1514 252.15 (3m) (d) 10. (intro.) To Except as provided under par. (g), to a person who
15conducts research, for the purpose of research, if the researcher:
AB659,30,1616 a. Is affiliated with a health care provider under subd. 3 2.
AB659,30,2217 c. Provides written assurance to the person disclosing the HIV test results that
18use of the information requested is only for the purpose under which it is provided
19to the researcher, the information will not be released to a person not connected with
20the study, and the final research product will not reveal information that may
21identify the test subject unless the researcher has first received informed consent for
22disclosure from the test subject.
AB659, s. 96 23Section 96. 252.15 (5) (a) 11. of the statutes is repealed.
AB659, s. 97 24Section 97. 252.15 (5) (a) 12. of the statutes is renumbered 252.15 (3m) (d) 11.
25and amended to read:
AB659,31,3
1252.15 (3m) (d) 11. To a coroner, medical examiner, or an appointed assistant
2to a coroner or medical examiner, if one or more of the following conditions exist
3applies:
AB659,31,74 a. The coroner, medical examiner, or an appointed assistant is investigating the
5cause of death of the subject of the HIV test and
possible HIV-infected status is
6relevant to the cause of death of a person whose death is under direct investigation
7by the coroner, medical examiner or appointed assistant
.
AB659,31,178 b. The coroner, medical examiner, or appointed assistant is significantly
9exposed to a person whose death is under direct investigation by the coroner, medical
10examiner, or appointed assistant
investigating the cause of death of the subject of the
11HIV test and has contact with the body fluid of the subject of the HIV test that
12constitutes a significant exposure
, if a physician, physician assistant, or advanced
13practice nurse prescriber, based on information provided to the physician, physician
14assistant,
or advanced practice nurse prescriber, determines and certifies in writing
15that the coroner, medical examiner, or appointed assistant has been significantly
16exposed
had a contact that constitutes a significant exposure and if the certification
17accompanies the request for disclosure.
AB659, s. 98 18Section 98. 252.15 (5) (a) 13. of the statutes is renumbered 252.15 (3m) (d) 12.
19and amended to read:
AB659,31,2320 252.15 (3m) (d) 12. To a sheriff, jailer , or keeper of a prison, jail, or house of
21correction or a person designated with custodial authority by the sheriff, jailer, or
22keeper, for whom disclosure is necessitated in order to permit the assigning of a
23private cell to a prisoner who has a positive HIV test result.
AB659, s. 99 24Section 99. 252.15 (5) (a) 14. of the statutes is renumbered 252.15 (3m) (d) 13.
25and amended to read:
AB659,32,6
1252.15 (3m) (d) 13. If the test results of a test administered to an individual
2are
subject of the HIV test has a positive HIV test result and the individual is
3deceased, by the individual's subject's attending physician, physician assistant, or
4advanced practice nurse prescriber, to persons, if known to the physician, physician
5assistant,
or advanced practice nurse prescriber, with whom the individual has
6subject had sexual contact or has shared intravenous drug use paraphernalia.
AB659, s. 100 7Section 100. 252.15 (5) (a) 15. of the statutes is repealed.
AB659, s. 101 8Section 101. 252.15 (5) (a) 17. of the statutes is renumbered 252.15 (3m) (d)
914. and amended to read:
AB659,32,1610 252.15 (3m) (d) 14. To an alleged victim or victim, to a health care professional,
11upon request
a person under s. 938.296 (4) (a) to (e) as specified in s. 938.296 (4) (e)
12or; to a person under s. 938.296 (5) (a) to (e) as specified in s. 938.296 (5) (e) or; to a
13person under s.
968.38 (4) (a) to (c) or (5) (c), who provides care to the alleged victim
14or victim and, if the alleged victim or victim is a minor, to the parent or guardian of
15the alleged victim or victim,
as specified in s. 968.38 (4); or to a person under s.
16938.296 (4) or 968.38 (5) or (a) to (c) as specified in s. 968.38 (4) or (5).
AB659, s. 102 17Section 102. 252.15 (5) (a) 18. of the statutes is repealed.
AB659, s. 103 18Section 103. 252.15 (5) (a) 19. of the statutes is renumbered 252.15 (3m) (d)
1915. and amended to read:
AB659,33,1320 252.15 (3m) (d) 15. If the subject of the HIV test was administered to is a child
21who has been placed in a foster home, treatment foster home, group home,
22residential care center for children and youth, or juvenile correctional facility, as
23defined in s. 938.02 (10p), including a placement under s. 48.205, 48.21, 938.205, or
24938.21, or for whom placement in a foster home, treatment foster home, group home,
25residential care center for children and youth, or juvenile correctional facility is

1recommended under s. 48.33 (4), 48.425 (1) (g), 48.837 (4) (c), or 938.33 (3) or (4), to
2an agency directed by a court to prepare a court report under s. 48.33 (1), 48.424 (4)
3(b), 48.425 (3), 48.831 (2), 48.837 (4) (c), or 938.33 (1), to an agency responsible for
4preparing a court report under s. 48.365 (2g), 48.425 (1), 48.831 (2), 48.837 (4) (c), or
5938.365 (2g), to an agency responsible for preparing a permanency plan under s.
648.355 (2e), 48.38, 48.43 (1) (c) or (5) (c), 48.63 (4) or (5) (c), 48.831 (4) (e), 938.355 (2e),
7or 938.38 regarding the child, or to an agency that placed the child or arranged for
8the placement of the child in any of those placements and, by any of those agencies,
9to any other of those agencies and, by the agency that placed the child or arranged
10for the placement of the child in any of those placements, to the child's foster parent
11or treatment foster parent or the operator of the group home, residential care center
12for children and youth, or juvenile correctional facility in which the child is placed,
13as provided in s. 48.371 or 938.371.
AB659, s. 104 14Section 104. 252.15 (5) (a) 20. of the statutes is renumbered 252.15 (3m) (d)
1516. and amended to read:
AB659,34,216 252.15 (3m) (d) 16. To a If the subject of the HIV test is a prisoner, to the
17prisoner's health care provider, the medical staff of a prison or jail in which a prisoner
18is confined, the receiving institution intake staff at a prison or jail to which a prisoner
19is being transferred or a person designated by a jailer to maintain prisoner medical
20records, if the disclosure is made with respect to the prisoner's patient health care
21records under s. 302.388, to the medical staff of a jail to whom the HIV results are
22disclosed under s. 302.388 (2) (c) or (d), to the medical staff of a jail to which a prisoner
23is being transferred, if the results are provided to the medical staff by the department
24of corrections as part of the prisoner's medical file, to a health care provider to whom
25the results are disclosed under s. 302.388 (2) (c) or (f) or the department of corrections

1if the disclosure is made with respect to a prisoner's patient health care records under
2s. 302.388 (4).
AB659, s. 105 3Section 105. 252.15 (5) (b) of the statutes is renumbered 252.15 (3m) (h) and
4amended to read:
AB659,34,85 252.15 (3m) (h) A private pay patient may deny access to prohibit disclosure
6of his or her HIV test results granted under par. (a) (d) 10. if he or she annually
7submits to the maintainer of his or her HIV test results under sub. (4) (c) a signed,
8written request that denial be made disclosure be prohibited.
AB659, s. 106 9Section 106. 252.15 (5g) (intro.) and (a) of the statutes are created to read:
AB659,34,1310 252.15 (5g) Significant exposure. A person who has contact with body fluid
11of an individual that constitutes a significant exposure may cause the individual to
12be subjected to HIV testing and receive the results of the HIV test under sub. (3m)
13(e) if all of the following apply:
AB659,34,1414 (a) The contact occurred under one of the following circumstances:
AB659, s. 107 15Section 107. 252.15 (5g) (a) 6. of the statutes is created to read:
AB659,34,1816 252.15 (5g) (a) 6. While the person rendered emergency care at the scene of an
17emergency or accident, if the person is immune from civil liability for rendering the
18care under s. 895.48 or 895.4802 (2).
AB659, s. 108 19Section 108. 252.15 (5g) (g) 3. of the statutes is created to read:
AB659,34,2120 252.15 (5g) (g) 3. That, except as provided in subd. 2., the HIV test may not be
21disclosed to any person.
AB659, s. 109 22Section 109. 252.15 (5j) (title) of the statutes is created to read:
AB659,34,2323 252.15 (5j) (title) Court order for HIV testing.
AB659, s. 110 24Section 110. 252.15 (5m) (title) of the statutes is amended to read:
AB659,34,2525 252.15 (5m) (title) Autopsies; HIV testing of certain corpses.
AB659, s. 111
1Section 111. 252.15 (5m) (intro.) of the statutes is renumbered 252.15 (5m) (d)
2(intro.) and amended to read:
AB659,35,83 252.15 (5m) (d) (intro.) Notwithstanding s. 157.05, a corpse may be subjected
4to a an HIV test for the presence of HIV, antigen or nonantigenic products of HIV
5or an antibody to HIV
and the test results disclosed to the a person who has been
6significantly exposed under any of
contact that constitutes a significant exposure
7with body fluid of the corpse or an individual who subsequently dies, if all of
the
8following conditions apply:
AB659, s. 112 9Section 112. 252.15 (5m) (a) of the statutes is renumbered 252.15 (5m) (d) 1.
10a. and amended to read:
AB659,35,2311 252.15 (5m) (d) 1. a. If a While the person, including a person exempted from
12civil liability under the conditions specified under s. 895.48, or 895.4802, or 895.4803,
13who (2) renders to the victim of an emergency or accident emergency care during the
14course of which the emergency caregiver is significantly exposed
to the an emergency
15or accident victim and the emergency or accident victim subsequently dies prior to
16testing for the presence of performance of an HIV, antigen or nonantigenic products
17of HIV, or an antibody to HIV; if a physician or advanced practice nurse prescriber,
18based on information provided to the physician or advanced practice nurse
19prescriber, determines and certifies in writing that the emergency caregiver has
20been significantly exposed; and if the certification accompanies the request for
21testing and disclosure. Testing of a corpse under this paragraph shall be ordered by
22the coroner, medical examiner, or physician who certifies the victim's cause of death
23under s. 69.18 (2) (b), (c) or (d)
test on the victim.
AB659, s. 113 24Section 113. 252.15 (5m) (b) of the statutes is renumbered 252.15 (5m) (d) 1.
25b. and amended to read:
AB659,36,12
1252.15 (5m) (d) 1. b. If The person is a funeral director, coroner, medical
2examiner, or appointed assistant to a coroner or medical examiner who and the
3contact occurs while the person
prepares the corpse of a decedent for burial or other
4disposition or a while the person who performs an autopsy or assists in performing
5an autopsy is significantly exposed to on the corpse; if a physician or advanced
6practice nurse prescriber, based on information provided to the physician or
7advanced practice nurse prescriber, determines and certifies in writing that the
8funeral director, coroner, medical examiner, or appointed assistant has been
9significantly exposed; and if the certification accompanies the request for testing and
10disclosure. Testing of a corpse under this paragraph shall be ordered by the
11attending physician or advanced practice nurse prescriber of the funeral director,
12coroner, medical examiner, or appointed assistant who is so exposed
.
AB659, s. 114 13Section 114. 252.15 (5m) (c) of the statutes is renumbered 252.15 (5m) (d) 1.
14c. and amended to read:
AB659,37,215 252.15 (5m) (d) 1. c. If The person is a health care provider or an agent or
16employee of a health care provider is significantly exposed to and the person has
17contact with body fluid of
the corpse, or to of a patient who dies subsequent to the
18exposure contact and prior to testing for the presence performance of an HIV, antigen
19or nonantigenic products of HIV, or an antibody to HIV; if a physician or advanced
20practice nurse prescriber who is not the health care provider, based on information
21provided to the physician or advanced practice nurse prescriber, determines and
22certifies in writing that the health care provider, agent or employee has been
23significantly exposed; and if the certification accompanies the request for testing and
24disclosure. Testing of a corpse under this paragraph shall be ordered by the

1physician or advanced practice nurse prescriber who certifies that the significant
2exposure has occurred
test on the patient.
AB659, s. 115 3Section 115. 252.15 (5m) (d) 1. (intro.) of the statutes is created to read:
AB659,37,44 252.15 (5m) (d) 1. The contact occurs under any of the following circumstances:
AB659, s. 116 5Section 116. 252.15 (5m) (d) 2. and 3. of the statutes are created to read:
AB659,37,116 252.15 (5m) (d) 2. A physician, physician assistant, or advanced practice nurse
7prescriber, based on information provided to the physician, physician assistant, or
8advanced practice nurse prescriber, determines and certifies in writing that the
9contact under subd. 1. constitutes a significant exposure. A health care provider who
10as a contact under par. (d) 1. c. may not make the certification under this subdivision
11for himself or herself.
AB659,37,1312 3. The certification under subd. 2. accompanies the request for performance of
13an HIV test and disclosure.
AB659, s. 117 14Section 117. 252.15 (5m) (e) of the statutes is created to read:
AB659,37,1615 252.15 (5m) (e) If the conditions under par. (d) are satisfied, the following
16person shall order an HIV test of the corpse:
AB659,37,1917 1. If the contact occurs as provided under par. (d) 1. a., the coroner, medical
18examiner, or physician who certifies the victim's cause of death under s. 69.18 (2) (b),
19(c), or (d).
AB659,37,2220 2. If the contact occurs as provided under par. (d) 1. b., the attending physician
21or advanced practice nurse prescriber of the funeral director, coroner, medical
22examiner, or appointed assistant.
AB659,37,2423 3. If the contact occurs as provided under (d) 1. c., the physician or advanced
24practice nurse prescriber who makes the certification under par. (d) 2.
AB659, s. 118 25Section 118. 252.15 (6) of the statutes is amended to read:
AB659,38,5
1252.15 (6) Expanded disclosure of HIV test results prohibited. No person
2to whom the results of a an HIV test for the presence of HIV, antigen or nonantigenic
3products of HIV or an antibody to HIV
have been disclosed under sub. (5) (a) (3m) (a),
4(b), (d), or (e)
or (5m) may disclose the test results except as authorized under sub.
5(5) (a) (3m) (a), (b), (d), or (e) or (5m).
AB659, s. 119 6Section 119. 252.15 (7) (title) of the statutes is amended to read:
AB659,38,77 252.15 (7) (title) Reporting of positive HIV test results.
AB659, s. 120 8Section 120. 252.15 (7) (a) of the statutes is amended to read:
AB659,38,159 252.15 (7) (a) Notwithstanding ss. 227.01 (13) and 227.10 (1), for the purposes
10of this subsection, the state epidemiologist shall determine, based on the
11preponderance of available scientific evidence, the procedures necessary in this state
12to obtain a validated HIV test result and the secretary shall so declare under s.
13250.04 (1) or (2) (a). The state epidemiologist shall revise this determination if, in
14his or her opinion, changed available scientific evidence warrants a revision, and the
15secretary shall declare the revision under s. 250.04 (1) or (2) (a).
AB659, s. 121 16Section 121. 252.15 (7) (b) (intro.) of the statutes is amended to read:
AB659,38,2017 252.15 (7) (b) (intro.) If a positive, validated HIV test result is obtained from
18 a an HIV test subject, the health care provider, blood bank, blood center, or plasma
19center that maintains a record of the HIV test results result under sub. (4) (c) shall
20report to the state epidemiologist the following information:
AB659, s. 122 21Section 122. 252.15 (7) (b) 4. of the statutes is amended to read:
AB659,38,2222 252.15 (7) (b) 4. The date on which the HIV test was performed.
AB659, s. 123 23Section 123. 252.15 (7) (b) 5. of the statutes is amended to read:
AB659,38,2424 252.15 (7) (b) 5. The HIV test result.
AB659, s. 124 25Section 124. 252.15 (7) (b) 5m. of the statutes is created to read:
AB659,39,1
1252.15 (7) (b) 5m. The mode of transmission of HIV to the test subject.
AB659, s. 125 2Section 125. 252.15 (7) (c) 1. of the statutes is amended to read:
AB659,39,43 252.15 (7) (c) 1. Information with respect to the sexual orientation of the HIV
4test subject.
AB659, s. 126 5Section 126. 252.15 (7) (c) 2. of the statutes is amended to read:
AB659,39,76 252.15 (7) (c) 2. The identity of persons with whom the HIV test subject may
7have had sexual contact.
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