AB530: Bill Text

AB530,20,1 440.03 (13) (b) 38m. Medicolegal investigator.

AB530,37 Section 37. 440.05 (intro.) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB530,20,6 440.05 Standard fees. (intro.) The following standard fees apply to all initial credentials, except as provided in ss. 440.51, 444.03, 444.11, 446.02 (2) (c), 447.04 (2) (c) 2., 449.17 (1m) (d), and 449.18 (2) (d), and 463.05 (2) (a):

AB530,38 Section 38. 440.08 (2) (a) 46t. of the statutes is created to read:

AB530,20,9 440.08 (2) (a) 46t. Medicolegal investigation: January 1, 2015, and every 4 years thereafter.

AB530,39 Section 39. 440.78 (1) (b) of the statutes is amended to read:

AB530,20,12 440.78 (1) (b) A copy of the cremation permit release issued under s. 979.10 (1) (a) (ag).

AB530,40 Section 40. Chapter 463 of the statutes is created to read:

AB530,20,15 chapter 463 medicolegal investigation

AB530,20,16 463.01 Definitions. In this chapter:

AB530,20,17 (1) "Board" means the medicolegal investigation examining board.

AB530,20,19 (2) "Medical examiner" means a nonphysician medical examiner or a physician medical examiner.

AB530,20,24 (3) "Medicolegal investigation staff member" includes a chief deputy coroner, a deputy coroner, a deputy medical examiner, and any individual who assists the office of a coroner or medical examiner with an investigation of a death. "Medicolegal investigation staff member" does not include an individual performing solely administrative functions in the office of a coroner or medical examiner.

AB530,21,2 (4) "Nonphysician medical examiner" means a medical examiner appointed under s. 59.34 (1) (a) or 59.38 (5) who is not a physician.

AB530,21,3 (5) "Physician" has the meaning given in s. 448.01 (5).

AB530,21,5 (6) "Physician medical examiner" means a medical examiner appointed under s. 59.34 (1) (a) or 59.38 (5) who is a physician.

AB530,21,7 463.05 Powers and duties of board. (1) Duties. The board shall do all of the following:

AB530,21,10 (a) Promulgate rules specifying standards and curricula for the training and education requirements to be satisfied by individuals who seek or possess a license in medicolegal investigation.

AB530,21,12 (b) Coordinate and provide, on a regional basis, the training and education described in s. 463.10 (3) and (4) (a) 1. and (b) 2.

AB530,21,13 (c) Monitor compliance with the licensure requirements under this chapter.

AB530,21,16 (d) Approve instructor certification standards that must be satisfied in order for a person to conduct the training and education required under s. 463.10 (3) and (4) (a) 1. and (b) 2.

AB530,21,18 (e) If a license issued under s. 463.10 is not renewed, do any of the following that is applicable with respect to the holder of the license:

AB530,21,21 1. If the holder of the license is a coroner, send a statement to the governor recommending removal of the coroner from office because of the coroner's failure to renew the license.

AB530,22,2 2. If the holder of the license is a nonphysician medical examiner, send a statement to the county board or county executive, if applicable, of any county in which the individual serves recommending dismissal of the nonphysician medical examiner because of the nonphysician medical examiner's failure to renew the license.

AB530,22,5 3. If the holder of the license is a medicolegal investigation staff member, send a notice to the office in which the individual works notifying the coroner or medical examiner of the staff member's failure to renew the license.

AB530,22,6 (2) Powers. The board may do any of the following:

AB530,22,10 (a) Impose fees for initial licenses or for license renewals under s. 463.10 (2) and (4). If the board imposes any fee under this paragraph, the board shall set the fee at an amount commensurate with the cost of issuing licenses and monitoring compliance with this chapter.

AB530,22,12 (b) Impose a fee for the receipt of training and education provided under sub. (1) (b).

AB530,22,14 (c) Promulgate and enforce any rules not inconsistent with this chapter to enforce this chapter.

AB530,22,19 463.10 License required; requirements to maintain license. (1) License required. (a) Except as provided in par. (b), no person may perform a death investigation or perform the functions of a coroner, medical examiner, or medicolegal investigation staff member without a license in medicolegal investigation issued under this section.

AB530,22,21 (b) A physician medical examiner is not required to have a license in medicolegal investigation issued under this section.

AB530,22,23 (2) Issuing of licenses. (a) Initial license. The board shall issue a license in medicolegal investigation to an individual if all of the following are satisfied:

AB530,23,3 1. The individual is elected as a coroner, is appointed to fill a vacancy as a coroner, is appointed as a nonphysician medical examiner, or is hired by a coroner or medical examiner to serve as a medicolegal investigation staff member.

AB530,23,4 2. The individual pays any fee imposed by the board under s. 463.05 (2) (a).

AB530,23,9 (b) License renewal. The renewal date for a license issued under this subsection is specified under s. 440.08 (2) (a). Before any renewal license is delivered to an individual, the individual shall pay any fee established by the board under s. 463.05 (2) (a) and furnish to the board proof of completing all hours of training or education required under sub. (3), subject to any waiver granted under sub. (3) (c).

AB530,23,12 (3) Training and education requirements. (a) Subject to par. (d), an individual applying for an initial renewal of a license issued under sub. (2) shall satisfy all of the following:

AB530,23,13 1. Complete 24 hours of training, as prescribed by the board.

AB530,23,15 2. In addition to the hours of training required under subd. 1., do one of the following:

AB530,23,16 a. Complete 16 hours of training, as prescribed by the board.

AB530,23,18 b. Obtain a waiver from the requirement under subd. 2. a. in the method described under par. (c).

AB530,23,21 (b) An individual applying for a renewal of a license issued under sub. (2) subsequent to the renewal under par. (a) shall complete 24 hours of education, as prescribed by the board.

AB530,24,2 (c) The board may grant a waiver of the training requirement under par. (a) 2. a. to a coroner, nonphysician medical examiner, or medicolegal investigation staff member who holds a credential, in good standing, from a nationally recognized accreditation organization specializing in death investigation education and who applies to the board for a waiver in the method prescribed by the board.

AB530,24,6 (d) If an individual is issued an initial license under sub. (2) (a) when there is less than one year remaining until the next license renewal date, par. (a) does not apply to the individual until the individual's first renewal following a full, 4-year licensure term.

AB530,24,9 (4) Optional license. (a) Initial license. The board may issue a license in medicolegal investigation to an individual, other than an individual required to hold a license under sub. (1), who satisfies all of the following criteria:

AB530,24,11 1. The individual successfully completes 40 hours of training, as prescribed by the board, and any additional requirements set by the board.

AB530,24,13 2. The individual applies to the board for a license in the manner prescribed by the board.

AB530,24,15 3. The individual pays any licensing fee imposed by the board under s. 463.05 (2) (a).

AB530,24,18 (b) License renewal. The renewal date for a license issued under this subsection is specified under s. 440.08 (2) (a). Before any renewal license is delivered to an individual, the individual shall do all of the following:

AB530,24,19 1. Pay any fee established by the board under s. 463.05 (2) (a).

AB530,24,24 2. Furnish to the board proof of completing, in the 4-year period preceding the renewal date, 24 hours of education, as prescribed by the board. This subdivision does not apply to an individual applying for an initial renewal who is issued a license under par. (a) when there is less than one year remaining until the next license renewal date.

AB530,24,25 3. Fulfill any other requirements of licensure as prescribed by the board.

AB530,25,5 (5) Board notification requirement. An individual who is elected as a coroner, is appointed to fill a vacancy as a coroner, is appointed as a nonphysician medical examiner, or is hired by a coroner or medical examiner to serve as a medicolegal investigation staff member shall, if he or she leaves his or her position as a coroner, medical examiner, or medicolegal investigation staff member, so inform the board.

AB530,25,7 463.15 Penalty. Any person who violates s. 463.10 (1) (a) shall be fined not more than $1,000 or imprisoned not more than 90 days.

AB530,41 Section 41. 979.001 of the statutes is created to read:

AB530,25,9 979.001 Definitions. In this chapter:

AB530,25,10 (1) "Health care provider" means all of the following:

AB530,25,11 (a) A midwife licensed under subch. XIII of ch. 440.

AB530,25,12 (b) A nurse licensed under ch. 441.

AB530,25,13 (c) A chiropractor licensed under ch. 446.

AB530,25,14 (d) A dentist licensed under ch. 447.

AB530,25,16 (e) A physician, physician assistant, or respiratory care practitioner licensed or certified under subch. II of ch. 448.

AB530,25,17 (f) A physical therapist licensed under subch. III of ch. 448.

AB530,25,18 (g) A podiatrist licensed under subch. IV of ch. 448.

AB530,25,19 (h) A dietitian certified under subch. V of ch. 448.

AB530,25,20 (i) An athletic trainer licensed under subch. VI of ch. 448.

AB530,25,22 (j) An occupational therapist or occupational therapy assistant licensed under subch. VII of ch. 448.

AB530,25,23 (k) An optometrist licensed under ch. 449.

AB530,25,24 (L) A pharmacist licensed under ch. 450.

AB530,25,25 (m) An acupuncturist certified under ch. 451.

AB530,26,1 (n) A psychologist licensed under ch. 455.

AB530,26,3 (o) A social worker, marriage and family therapist, or professional counselor certified or licensed under ch. 457.

AB530,26,6 (p) A speech-language pathologist or audiologist licensed under subch. II of ch. 459 or a speech and language pathologist licensed by the department of public instruction.

AB530,26,7 (q) A massage therapist or bodyworker certified under ch. 460.

AB530,26,9 (2) "Hospice" means an organization, program, or place that meets the definition in s. 50.90 (1) and that is licensed under s. 50.92.

AB530,26,11 (3) "Hospital" means a facility licensed under s. 50.35 or a facility operated as a hospital by the federal government, a state, or a political subdivision of a state.

AB530,26,12 (4) "Human remains" has the meaning given in s. 157.061 (8).

AB530,26,13 (5) "Law enforcement agency" has the meaning given in s. 165.83 (1) (b).

AB530,26,17 (6) "Law enforcement officer" means any person employed by the state, or any political subdivision of the state, for the purpose of detecting and preventing crime and enforcing laws or ordinances and who is authorized to make arrests for violations of the laws or ordinances that the person is employed to enforce.

AB530,26,19 (7) "Nursing home" means a facility that meets the definition in s. 50.01 (3) and that is licensed under subch. I of ch. 50.

AB530,26,22 (8) "Representative of the deceased" means any member of one of the following classes of individuals, in the order of priority listed, who is available, if no member of a prior class is available:

AB530,26,23 (a) The deceased's spouse.

AB530,26,24 (b) An adult son or daughter of the deceased.

AB530,26,25 (c) A parent of the deceased.

AB530,27,1 (d) An adult brother or sister of the deceased.

AB530,27,2 (e) A person appointed as such by the circuit court.

AB530,42 Section 42. 979.01 (title) of the statutes is amended to read:

AB530,27,5 979.01 (title) Reporting deaths required; penalty; taking specimens by coroner or medical examiner jurisdiction for investigating deaths.

AB530,43 Section 43. 979.01 (1) of the statutes is repealed and recreated to read:

AB530,27,17 979.01 (1) (a) If a death occurs outside of a hospital, physician's office, nursing home, or hospice, and is not required to be reported under par. (b) or (c), a law enforcement officer, health care provider, or funeral director who has knowledge of the death and any person who discovers the body or remains of a deceased individual shall immediately report the death to the coroner or medical examiner in the county in which the individual was pronounced dead or in which the deceased's body or remains were located except that a person who is required to report a death because he or she discovered a body or the remains of a deceased individual may report the death to a law enforcement officer in lieu of reporting the death to the coroner or medical examiner. Deaths that are required to be reported under this paragraph include all of the following: