AB720: Bill Text

AB720,29,15 (2) The coroner or medical examiner shall keep records of autopsies and other diagnostic procedures, including any photographs or other pictorial images of the deceased made in connection with an autopsy, and information learned from an autopsy or other diagnostic procedure confidential. The coroner or medical examiner may not release such records or information except to persons to whom the deceased's patient health care records may be released under s. 146.82 (2) without informed consent, to a representative of the deceased or his or her designee, or for educational purposes.

AB720,29,20 (3) If a law enforcement agency, or a district attorney, investigating a death requests that the coroner or medical examiner keep investigation records under s. 979.032 and information related to an investigation confidential, the coroner or medical examiner shall keep such records and information confidential for as long as the law enforcement agency or district attorney requests.

AB720, s. 59 Section 59. 979.036 of the statutes is created to read:

AB720,30,4 979.036 Handling of personal property of deceased. (1) Each coroner or medical examiner shall keep an inventory of any money or other property that the coroner or medical examiner takes from a death scene or from a deceased and does not immediately provide to a law enforcement agency as evidence. The coroner or medical examiner shall release any such property, other than prescription medication, that belonged to the deceased to a representative of the deceased unless the property is needed as evidence or unless a court has issued an order to hold the property for payment of fees associated with the disposal of the body.

AB720,30,15 (2) If the coroner or medical examiner takes prescription medications from a death scene or from the body of a deceased, the coroner or medical examiner shall list them on an inventory sheet and sign the inventory sheet. If the coroner or medical examiner does not provide the prescription medications to a law enforcement agency as evidence, the coroner or medical examiner shall destroy them in accordance with applicable county evidence retention policies and appropriate standards for disposal of medications, except that the coroner or medical examiner shall donate those prescription medications that satisfy the requirements under s. 255.056 (3) to the drug repository program under s. 255.056 or to another similar drug repository program. The coroner or medical examiner shall indicate on the inventory sheet the disposition of the prescription medications.

AB720, s. 60 Section 60. 979.09 of the statutes is amended to read:

AB720,31,6 979.09 Burial Disposition of an unidentified or unclaimed body. If any judge or circuit court commissioner conducts an inquest as to the death of a stranger or of a person whose identity is unknown or whose body is unclaimed or if the district attorney determines that no inquest into the death of such a person is necessary and the circuit judge has not ordered an inquest under s. 979.04 (2), a coroner or medical examiner has custody of an unidentified or unclaimed body of an individual whose death was investigated under s. 979.01, and the coroner or medical examiner has made reasonable efforts to identify the body or locate a representative of the deceased, the coroner or medical examiner shall cause the body to be decently buried or cremated and shall certify to all the charges incurred in taking any inquest by him or her and to the expenses of burial or cremation of the dead body. The charges and expenses shall be audited by the county board of the proper county and paid out of the county treasury with funds other than funds appropriated for the operation of the coroner's or medical examiner's office. The immunity provisions under s. 157.02 (2m) (b) and (c) apply to a coroner's or medical examiner's actions under this section.

AB720, s. 61 Section 61. 979.10 (1) (a) (intro.) of the statutes is amended to read:

AB720,31,11 979.10 (1) (a) (intro.) No person may cremate the corpse body of a deceased person within 48 hours after the pronouncement of death, or the discovery of the death, of the deceased person unless the death was caused by a contagious or infectious disease. and one of the following conditions applies:

AB720,31,13 (ag) No person may cremate a corpse body unless the person has received a cremation permit release from one of the following:

AB720, s. 62 Section 62. 979.10 (1) (a) 1., 2. and 3. of the statutes are renumbered 979.10 (1) (ag) 1., 2. and 3. and amended to read:

AB720,31,18 979.10 (1) (ag) 1. The coroner or medical examiner in the county where the death occurred was pronounced if the death occurred was pronounced in this state; and the death was not subject to an investigation under s. 979.01.

AB720,31,22 2. The coroner or medical examiner in the county where the event which caused the death occurred if the death occurred in this state and who investigated the death if the death was pronounced in this state and is the subject of to an investigation under s. 979.01; or.

AB720,32,2 3. The coroner or medical examiner of the county where the corpse body is to be cremated if the death occurred was pronounced outside this state. A cremation permit issued under this subdivision may not be used in any county except the county in which the cremation permit is issued.

AB720, s. 63 Section 63. 979.10 (1) (a) 1m. and 2m. of the statutes are created to read:

AB720,32,5 979.10 (1) (a) 1m. The person determines that the body must be cremated immediately to effectively contain the disease.

AB720,32,7 2m. A public health authority orders sooner disposal of the body under s. 157.055 (2) (c) during a state of emergency related to public health.

AB720, s. 64 Section 64. 979.10 (1) (b) of the statutes is amended to read:

AB720,32,14 979.10 (1) (b) A coroner or medical examiner shall include in any cremation permit release issued under par. (a) (ag) a statement that he or she has viewed the corpse body which is the subject of the permit release and made personal inquiry into the cause and manner of death under sub. (2) and is of the opinion that no further examination or judicial inquiry is necessary. The release shall also specify the earliest date and time that the cremation may occur.

AB720, s. 65 Section 65. 979.10 (1) (c) of the statutes is renumbered 157.113 and amended to read:

AB720,32,19 157.113 Permission required to deposit cremated remains in cemetery. No person may deposit any cremated remains of a corpse in any cemetery without the permission of the person who owns or is in charge of the cemetery authority.

AB720, s. 66 Section 66. 979.10 (1) (d) of the statutes is created to read:

AB720,33,4 979.10 (1) (d) If the medical certification of the cause and manner of death of a deceased is completed by a physician under s. 69.18 (2) (b) or (c), the coroner or medical examiner shall review the medical certification before issuing a cremation release for the deceased. It is not a violation of s. 69.24 for a coroner or medical examiner to make or receive a copy of a death certificate, that has not been filed under s. 69.18 (1), for purposes of this paragraph. A coroner or medical examiner may not release such a copy of a death certificate to any other person or use the copy for a purpose other than complying with the review requirement under this paragraph.

AB720, s. 67 Section 67. 979.10 (2) of the statutes is amended to read:

AB720,33,19 979.10 (2) If a corpse is to be cremated person requests a cremation release, the coroner or medical examiner shall view the body, make a careful personal inquiry into the cause and manner of death, and conduct an autopsy or order the conducting of an autopsy, if in his or her or the coroner, medical examiner, or district attorney's opinion attorney determines that it is necessary to determine the cause and manner of death, perform or order an autopsy performed on the body. If the coroner or medical examiner determines that no further examination or judicial inquiry is necessary, he or she shall certify that fact and issue a cremation release. Upon written request by the district attorney the coroner or medical examiner shall obtain the concurrence of the district attorney before issuing the certification cremation release. If the coroner or medical examiner determines that further examination or judicial inquiry is necessary, he or she shall notify the district attorney under s. 979.04 (2) and refuse to issue a cremation release until the examination or judicial inquiry is concluded.

AB720, s. 68 Section 68. 979.10 (3) of the statutes is repealed.

AB720, s. 69 Section 69. 979.10 (4) of the statutes is amended to read:

AB720,34,2 979.10 (4) Whoever accepts, receives, or takes any corpse body of a deceased person with intent to destroy the corpse body by means of cremation, or who cremates or aids and assists in the cremation of any corpse body of a deceased person without having presented the permit release specified in sub. (1) (ag) shall be fined not more than $10,000 or imprisoned not more than 9 months or both.

AB720, s. 70 Section 70. 979.10 (5) of the statutes is created to read:

AB720,34,7 979.10 (5) If a coroner or medical examiner issues an authorization under s. 979.105 for a body but refuses to issue a cremation release for the body under sub. (2), the coroner or medical examiner and the county are not liable for the cost of storing the body.

AB720, s. 71 Section 71. 979.10 (6) of the statutes is created to read:

AB720,34,13 979.10 (6) A person receiving a body under s. 157.02 (1m) (c) or 157.06 for the purpose of medical research or education shall request a cremation release from the coroner or medical examiner who has jurisdiction to issue a cremation release under sub. (1) (ag) before moving the body out of the county served by the coroner or medical examiner.

AB720, s. 72 Section 72. 979.22 of the statutes is amended to read:

AB720,34,21 979.22 Autopsies Fees for other autopsy and toxicological services other diagnostic procedures by coroners or medical examiners. A coroner or medical examiner may perform autopsies and toxicological services other diagnostic procedures not required under this chapter and may charge a fee established by the county board for such autopsies and services procedures. The fee may not exceed an amount reasonably related to the actual and necessary cost of providing the service autopsy and procedures.

AB720, s. 73 Section 73. Initial applicability.

AB720,35,9 (1) Death investigations; authorization to embalm or dispose of a body; cremation release; disposition of bodies. The treatment of sections 69.01 (12), 69.18 (2) (d) 1., 2., and 3., and (3) (a), (b), and (d), 157.02 (1), (1m) (title), (2), (2m), (3), (4), and (5), 157.03 (1) and (2), 157.055 (2) (intro.), 346.71 (2), 440.78 (1) (b), 979.001, 979.01 (title), (1), (1d), (1g), (1i), (1k), (1p), (1r), (3), (3m), and (4), 979.017, 979.025 (title), (1), (2), and (3), 979.03, 979.032, 979.034, 979.036, 979.09, 979.10 (1) (a) (intro.), 1., 1m., 2., 2m., and 3., (b), (c), and (d), (2), (3), (4), (5), and (6), and 979.22 of the statutes, and the renumbering and amendment of sections 979.01 (1m) and (2) and 979.02 of the statutes, the amendment of section 979.02 (title) of the statutes, and the creation of sections 979.01 (1m) (b) and (2) (b) and 979.02 (2), (3), (4), (5), (6), and (7) of the statutes first apply to deaths occurring on the effective date of this subsection.

AB720,35,12 (2) Disinterment permits. The treatment of sections 69.18 (4) (a) (intro.) and 1g. to 6., (am) (intro.), (b), (bm), (d), (e), and (f) and 157.112 (3) (intro.) of the statutes first applies to disinterments performed on the effective date of this subsection.

AB720,35,13 (End)