Investigation records and handling of personal property
The bill requires that each coroner or medical examiner keep records of each
death investigation and specifies the contents of the records. The bill further
requires that the coroner or medical examiner keep death investigation records in
an office that is owned or leased by the county and designated as the office of the
coroner or medical examiner.
The bill provides that records of autopsies and other diagnostic procedures are
confidential. Under the bill, a coroner or medical examiner may release such records
only to persons who have authority to access the deceased's health care records
without informed consent, to a representative of the deceased, or for educational
purposes. The bill requires that a coroner or medical examiner keep all confidential
records that are gathered for an investigation, such as health care records,
confidential with certain exceptions. At the request of a law enforcement agency
investigating a death, a coroner or medical examiner must keep death investigation
records and information related to an investigation confidential during the course
of the investigation. The bill also requires that each coroner or medical examiner
maintain written policies regarding access to death investigation records.
The bill requires a coroner or medical examiner to maintain an inventory of
personal property that the coroner or medical examiner takes from a death scene or
from a deceased. The bill specifies that the coroner or medical examiner must
destroy, in accordance with applicable county evidence retention policies and
standards for disposal of medications, or donate to a drug repository program any
prescription medications that the coroner or medical examiner collects in an
investigation and does not provide to a law enforcement agency.
Disposition of bodies
Under current law, the coroner's or medical examiner's authorization is
required for various activities related to the disposition of bodies.
Authorization to embalm or dispose of a body. Under current law, a coroner's
or medical examiner's authorization is required to embalm or perform an autopsy on
the body of a person whose death must be reported. A coroner or medical examiner
must issue the authorization within 12 hours of receiving notice of the death or as
soon thereafter as possible in the event of unexplained, unusual, or suspicious
circumstances.
The bill requires an authorization from the coroner or medical examiner to
embalm, bury, entomb, cremate, or deliver for research purposes the body of a person
whose death must be reported. The bill specifies certain information that a coroner
or medical examiner must include on an authorization to embalm or dispose of a body,
eliminates the general 12-hour deadline for issuing an authorization to embalm, and
provides that a coroner or medical examiner must issue an authorization to embalm
or dispose of a body as soon as possible after being notified of a death.
Cremation permit. Under current law, a cremation permit issued by a coroner
or medical examiner is required for cremation of the body of any deceased person.
Currently, a person may not cremate a body within 48 hours of death, or discovery
of death, unless the death was caused by a contagious or infectious disease. A coroner
or medical examiner must view a body and make inquiry into the cause and manner
of death before issuing a cremation permit. Finally, a cremation permit for the body
of a person who died outside the state may be used only in the county in which it is
issued.
The bill calls the authorization required for cremation a release rather than a
permit. The bill provides that even when a death is caused by a contagious or
infectious disease, the body may not be cremated within 48 hours of the
pronouncement of death unless the body must be cremated immediately to
effectively contain the disease or a public health authority orders the sooner disposal
of the body during a state of emergency that is related to public health. The bill
requires that, if the medical certification of the cause and manner of death on a death
certificate is completed by a physician, the coroner or medical examiner must review
the medical certification before issuing a cremation release. The bill further requires
that a coroner or medical examiner must specify on a cremation release the earliest
date and time that cremation may occur. Finally, the bill requires that a person who
receives a body for medical research or education must request a cremation release
before receiving the body.
Authorization to disinter and reinter. Under current law, a coroner or medical
examiner must issue an authorization to disinter and reinter a body upon an order
of the court or at the request of various next of kin of the deceased or another person
who has authority to dispose of the body.
The bill clarifies that no person, other than a cemetery, may disinter a body or
human remains without authorization from the coroner or medical examiner. The
bill adds, as a condition for obtaining a coroner's or medical examiner's authorization
for disinterment without a court order, that the person requesting authorization
provide proof of intent to cremate or bury the disinterred remains.
Disposition of unidentified or unclaimed bodies. Under current law, if an
inmate of a state, county, or municipal institution dies, and a relative or friend of the
deceased does not claim the body and a medical or mortuary school does not take the
body, the superintendent of the institution must bury the body.
This bill provides that, if a person other than the superintendent of a state,
county, or municipal institution has an unidentified or unclaimed body, the person
shall notify the coroner or medical examiner in the county of residence of the
deceased, who must bury or cremate the body. Under the bill, if a coroner or medical
examiner buries or cremates the body, the county must pay the costs of burial or
cremation with funds other than funds appropriated for the operation of the
coroner's or medical examiner's office. The bill further provides that, if the coroner
or medical examiner makes reasonable efforts to identify a body and notify the
deceased's representative of disposal of the body, the coroner or medical examiner is
immune from civil liability for his or her choice of method for disposing of the body.
Mental health treatment records
Under current law, a coroner or medical examiner may obtain a deceased's
health care records without informed consent for the purpose of completing a medical
certification on a certificate of death or for conducting a death investigation. This
bill provides a coroner or medical examiner access to a deceased's mental health
treatment records without informed consent for the purpose of completing a medical
certification on a certificate of death or for conducting a death investigation.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB530,1
1Section
1. 15.405 (18) of the statutes is created to read:
AB530,8,52
15.405
(18) Medicolegal investigation examining board. There is created a
3medicolegal investigation examining board in the department of safety and
4professional services that shall consist of the following members appointed for
56-year terms:
AB530,9,2
1(a) One coroner, one medical examiner, and one forensic pathologist, each of
2whom are members of the Wisconsin Coroners and Medical Examiners Association.
AB530,9,33
(b) One licensed funeral director.
AB530,9,44
(c) One member of the Wisconsin District Attorneys' Association.
AB530,9,55
(d) One member of the Wisconsin Sheriffs and Deputy Sheriffs Association.
AB530,9,66
(e) One member of the Wisconsin Chiefs of Police Association.
AB530,9,77
(f) One member of the Wisconsin Counties Association.
AB530,9,88
(g) The attorney general or his or her designee.
AB530,9,99
(h) The state public defender or his or her designee.
AB530,9,1010
(i) One public member.
AB530,2
11Section
2. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
12the following amounts for the purposes indicated:
-
See PDF for table ![PDF](http://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
AB530,3
13Section
3. 20.165 (1) (b) of the statutes is created to read:
AB530,9,1514
20.165
(1) (b)
Medicolegal investigation examining board; general purpose
15revenue. Biennially, the amounts in the schedule to provide training and education
1to individuals licensed under s. 463.10 and to support the medicolegal investigation
2examining board in performing its duties and functions.
AB530,10,135
20.165
(1) (g)
General program operations. The amounts in the schedule for
6the licensing, rule making, and regulatory functions of the department, other than
7the licensing, rule-making, and credentialing functions of the medical examining
8board and the affiliated credentialing boards attached to the medical examining
9board and except for preparing, administering, and grading examinations. Ninety
10percent of all moneys received under chs. 440 to 480, except
ch. chs. 448
and 463 and
11ss. 440.03 (13)
, and 440.05 (1) (b)
, and, less $10 of each renewal fee received under
12s. 452.12 (5); all moneys transferred from the appropriation under par. (i); and all
13moneys received under s. 440.055 (2)
, shall be credited to this appropriation.
AB530,5
14Section
5. 20.165 (1) (hr) of the statutes is created to read:
AB530,10,2015
20.165
(1) (hr)
Medicolegal investigation examining board; program revenues. 16All moneys received from fees imposed for providing training and education under
17s. 463.05 (2) (b) and all moneys received from fees imposed for licenses issued under
18s. 463.10 to provide training and education to individuals licensed under s. 463.10
19and to support the medicolegal investigation examining board in performing its
20duties and functions.
AB530,6
21Section
6. 51.30 (4) (b) 29. of the statutes is created to read:
AB530,11,622
51.30
(4) (b) 29. To a medical examiner, assistant medical examiner, coroner,
23or deputy coroner upon an oral or written request from that person, if the individual's
24treatment records are relevant to completion of a medical certification for the
25individual's death under s. 69.18 (2) or to an investigation of the cause or manner of
1the individual's death under s. 979.01 or 979.10. A custodian of treatment records
2may initiate contact with a coroner or medical examiner to inform him or her of
3treatment records of a deceased individual that may be relevant to the completion
4of a medical certification or the investigation of a death. The recipient of any
5information under this subdivision shall keep the information confidential except as
6necessary to comply with s. 69.18, 979.01, or 979.10.
AB530,7
7Section
7. 69.01 (12) of the statutes is amended to read:
AB530,11,128
69.01
(12) "Final disposition" means the disposition of a corpse or stillbirth by
9burial, interment, entombment, cremation, delivery to a university or school under
10s. 157.02
(3) (1m) (c), or delivery to a medical or dental school anatomy department
11under s. 157.06. "Final disposition" does not include disposition of the ashes
12produced by cremation of a corpse or stillbirth.
AB530,8
13Section
8. 69.18 (1) (a) 3. of the statutes is amended to read:
AB530,11,1414
69.18
(1) (a) 3. A person acting under s. 157.02 or 445.16
(1).
AB530,9
15Section
9. 69.18 (2) (d) 1. of the statutes is amended to read:
AB530,11,2316
69.18
(2) (d) 1. Except as provided under par. (e), if a death is
the subject of a
17coroner's or medical examiner's determination investigated by a coroner or medical
18examiner under s. 979.01
or 979.03, the coroner or medical examiner or a physician
19supervised by a coroner or medical examiner in the county where the event which
20caused the death occurred shall complete and sign the medical certification for the
21death
and mail the death certificate within 5 days after the pronouncement of death
22or present the certificate to the person responsible for filing the death certificate
23under sub. (1) within 6 days after the pronouncement of death.
AB530,10
24Section
10. 69.18 (2) (d) 2. of the statutes is amended to read:
AB530,12,7
169.18
(2) (d) 2. Except as provided under par. (e), if the decedent was not under
2the care of a physician for the illness or condition from which the person died, the
3coroner or medical examiner, or a physician supervised by a coroner or medical
4examiner, in the county of the place of death shall complete and sign the medical
5certification for the death
and mail the death certificate within 5 days after the
6pronouncement of death or present the certificate to the person responsible for filing
7the death certificate under sub. (1) within 6 days after the pronouncement of death.
AB530,11
8Section
11. 69.18 (2) (d) 3. of the statutes is amended to read:
AB530,12,159
69.18
(2) (d) 3. For a medical certification under this paragraph, except a
10medical certification of the cause of death of an indigent, a coroner or medical
11examiner may charge a fee established by the county board, not to exceed an amount
12reasonably related to the actual and necessary cost of providing the medical
13certification. The coroner or medical examiner, or the physician employed by the
14coroner or medical examiner, shall
mail or present
complete and sign a medical
15certification as required under subd. 1., whether or not the fee has been paid.
AB530,12
16Section
12. 69.18 (3) (a) of the statutes is amended to read:
AB530,12,2517
69.18
(3) (a) Except as provided under par. (c) or (e), the person who has moved
18a corpse under sub. (1) (a) shall complete a report for final disposition, on a form
19supplied by the state registrar, and, within 24 hours after being notified of the death,
20mail or present a copy of the report to the coroner or medical examiner in the county
21of the place of death and mail or present a copy to the local registrar in the
22registration district of the place of death. If the
cause of death
is subject to an
23investigation must be reported to a coroner or medical examiner under s. 979.01
or
24979.03, the report for final disposition shall be submitted to the coroner or medical
25examiner in the county in which the event which caused the death occurred.
AB530,13
1Section
13. 69.18 (3) (b) of the statutes is amended to read:
AB530,13,62
69.18
(3) (b) If a medical certification for a corpse is required under sub. (2) (d),
3no person may embalm the corpse or effect its final disposition without satisfying the
4requirements for a report under par. (a) and without obtaining
the written
5permission of the person required to complete the medical certification under sub.
6(2) (d) an authorization to embalm or dispose of a body under s. 979.105.
AB530,14
7Section
14. 69.18 (3) (d) of the statutes is amended to read:
AB530,13,158
69.18
(3) (d) No person may remove a corpse from this state if the place of death
9was in this state unless the corpse is accompanied by a copy of the report for final
10disposition. If a medical certification is required for the corpse under sub. (2) (d), the
11corpse must be accompanied by the report and
the written permission of the coroner
12or medical examiner to embalm and effect final disposition an authorization to
13embalm or dispose of a body under s. 979.105. No person may remove a stillbirth
14from this state if the delivery of the stillbirth was in this state unless the stillbirth
15is accompanied by a report for final disposition.
AB530,15
16Section
15. 69.18 (4) (a) (intro.) of the statutes is renumbered 69.18 (4) (c) and
17amended to read:
AB530,14,218
69.18
(4) (c) Subject to s. 157.111, the coroner or medical examiner of the county
19in which a decedent's corpse is interred shall issue
an authorization a permit for
20disinterment and reinterment upon receipt of an order of a court of competent
21jurisdiction
or upon receipt of a written application for disinterment and reinterment
22signed by the person in charge of the disinterment and by any of the following
23persons, in order of priority stated, when persons in prior classes are not available
24at the time of application, and in the absence of actual notice of contrary indications
1by the decedent or actual notice of opposition by a member of the same or a prior
2class:.
AB530,16
3Section
16. 69.18 (4) (a) 1g. to 6. of the statutes are renumbered 69.18 (4) (am)
41g. to 6.
AB530,17
5Section
17. 69.18 (4) (am) (intro.) of the statutes is created to read:
AB530,14,86
69.18
(4) (am) (intro.) In this subsection, "representative of the decedent"
7means any member of the following classes of individuals, in the order of priority
8listed:
AB530,18
9Section
18. 69.18 (4) (b) of the statutes is created to read:
AB530,14,1210
69.18
(4) (b) Except as provided in s. 157.112 (3), no person may disinter a
11human corpse from a grave or tomb without first obtaining a disinterment permit
12under par. (c) or (d).
AB530,19
13Section
19. 69.18 (4) (bm) of the statutes is repealed.
AB530,20
14Section
20. 69.18 (4) (d) of the statutes is created to read:
AB530,14,1915
69.18
(4) (d) Subject to s. 157.111, the coroner or medical examiner of the county
16in which a decedent's corpse is interred shall issue a disinterment permit upon
17receipt of a written application for disinterment that is made and signed by a
18representative of the decedent and signed by the person in charge of disinterment
19if all of the following apply:
AB530,14,2120
1. No representative of the decedent who is a member of a prior class under par.
21(am) is available at the time the application is made.
AB530,14,2322
2. The coroner or medical examiner does not have actual notice that the
23decedent would have opposed the disinterment.
AB530,15,3
13. The coroner or medical examiner does not have actual notice of opposition
2to disinterment by a representative of the decedent who is a member of the same or
3a prior class under par. (am) as the applicant.
AB530,15,54
4. The applicant provides proof of intent to cremate the decedent's corpse or to
5lawfully inter the decedent's corpse in a specified burial place.
AB530,21
6Section
21. 69.18 (4) (e) of the statutes is created to read:
AB530,15,87
69.18
(4) (e) No person may cremate a corpse disinterred under this subsection
8without obtaining a cremation release under s. 979.10 (1) (ag).
AB530,22
9Section
22. 69.18 (4) (f) of the statutes is created to read:
AB530,15,1210
69.18
(4) (f) Except as provided in s. 157.112 (3), no person may disinter a
11decedent's cremated remains from a cemetery unless all of the following conditions
12are satisfied:
AB530,15,1313
1. The cemetery authority, or its designee, consents to disinterment.
AB530,15,1614
2. A representative of the decedent consents to disinterment and no other
15representative of the decedent who is a member of the same or a prior class under
16par. (am) objects to disinterment.
AB530,23
17Section
23. 69.20 (2) (a) 2. of the statutes is amended to read:
AB530,15,2018
69.20
(2) (a) 2. For a certificate of death, any of the persons specified under s.
1969.18 (4)
(a) (am) 1g. to 6. or an individual who is authorized in writing by one of the
20persons.
AB530,24
21Section
24. 157.02 (1), (2), (3), (4) and (5) of the statutes are renumbered
22157.02 (1m) (a), (b), (c), (d) and (e), and 157.02 (1m) (b) and (e), as renumbered, are
23amended to read:
AB530,16,324
157.02
(1m) (b)
Time allowed relative to act. If a relative or friend fails to
25arrange for taking charge of the corpse within a reasonable time after death, the
1superintendent or other officer may proceed as provided in this
section subsection,
2but relatives or friends may claim the corpse at any time before it has been delivered
3pursuant to
sub. (3) par. (c).
AB530,16,54
(e)
Other disposition. If the corpse is not disposed of under
subs. (1) to (4) pars.
5(a) to (d), the superintendent or public officer shall properly bury it.
AB530,25
6Section
25. 157.02 (1m) (title) of the statutes is created to read:
AB530,16,77
157.02
(1m) (title)
Disposition of inmate's remains.
AB530,26
8Section
26. 157.02 (2m) of the statutes is created to read:
AB530,16,189
157.02
(2m) Disposition of other unclaimed remains. (a) If a person, other
10than a person who has responsibility to dispose of a corpse under sub. (1m), has the
11corpse of a deceased individual and cannot by exercise of reasonable effort locate a
12representative of the deceased, as defined in s. 979.001 (8), or a representative of the
13deceased refuses to claim the corpse for disposition, the person shall notify the
14coroner or medical examiner in the county of residence of the deceased, and the
15coroner or medical examiner shall take custody of the corpse and cause the corpse
16to be decently buried or cremated. The county shall pay costs of burial or cremation
17under this paragraph with funds other than funds appropriated for the operation of
18the coroner's or medical examiner's office.
AB530,16,2119
(b) A coroner or medical examiner is immune from civil liability for his or her
20choice of method for disposing of an unidentified corpse under this subsection if the
21coroner or medical examiner made reasonable efforts to identify the corpse.
AB530,16,2522
(c) A coroner or medical examiner is immune from civil liability for his or her
23choice of method for disposing of an unclaimed corpse under this subsection if the
24coroner or medical examiner made reasonable efforts to notify a representative of the
25deceased, as defined in s. 979.001 (8), of the disposal of the corpse.
AB530,27
1Section
27. 157.03 (1) of the statutes is amended to read: