AB530: Bill Text

AB530,38,3 979.027 Disinterment for autopsy or other diagnostic procedure. The district attorney may move the circuit court for the county in which a body is buried for an order disinterring the body for the purpose of conducting an autopsy or other diagnostic procedures. The order shall be granted by the circuit court upon a reasonable showing that any of the criteria specified in s. 979.04 (1) exists. The clerk of the circuit court shall send a copy of the order to the coroner or medical examiner in the county in which the body is buried. Upon receipt of the order, the coroner or medical examiner shall issue a permit for disinterment and reinterment under s. 69.18 (4) (c).

AB530,67 Section 67. 979.03 of the statutes is repealed.

AB530,68 Section 68. 979.032 of the statutes is created to read:

AB530,38,8 979.032 Coroner or medical examiner investigation records. (1) The coroner or medical examiner shall create and maintain for each investigation conducted under s. 979.01 a record that contains all of the following:

AB530,38,9 (a) The full name of the deceased and any known alias used by the deceased.

AB530,38,10 (b) A coroner or medical examiner case number.

AB530,38,11 (c) A case activity log.

AB530,38,18 (d) An investigation report containing any personal information regarding the deceased that is relevant to determining the cause and manner of death, the medical history of the deceased, information relevant to the circumstances of the death, death scene observations, findings regarding the body of the deceased that are relevant to determining the cause of death, notation of evidence recovered, including any visual documentation, a list of other persons or agencies involved in the investigation, and a list of persons interviewed by the coroner or medical examiner regarding the case.

AB530,38,19 (e) A written autopsy report, if an autopsy is conducted.

AB530,38,22 (f) Documentation of the chain of custody of all evidence and property obtained by the coroner or medical examiner, including an inventory sheet of prescription medications, described under s. 979.036 (2), if applicable.

AB530,38,25 (2) The coroner or medical examiner shall maintain investigation records created under sub. (1) in an office that is owned or leased by the county, maintained by the county, and designated as the office of the county coroner or medical examiner.

AB530,39,3 (3) Subject to s. 979.034, the coroner or medical examiner shall maintain written policies regarding access to investigation records created or maintained under this section.

AB530,69 Section 69. 979.034 of the statutes is created to read:

AB530,39,12 979.034 Confidentiality of coroner or medical examiner investigation records and information. (1) The coroner or medical examiner shall keep confidential all records obtained under s. 51.30 (4) (b) 29. or 146.82 (2) (a) 18., all confidential documents obtained by subpoena under s. 979.015, and any information contained in such records or documents, except that the coroner or medical examiner may divulge such information as necessary to complete a medical certification under s. 69.18 (2) and shall provide access to information and records to law enforcement and district attorneys.

AB530,39,20 (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 a death investigation, and information learned from a death investigation 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.

AB530,40,2 (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 has an open death investigation or the district attorney requests.

AB530,70 Section 70. 979.036 of the statutes is created to read:

AB530,40,11 979.036 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.

AB530,40,22 (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.

AB530,71 Section 71. 979.09 of the statutes is amended to read:

AB530,41,13 979.09 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.

AB530,72 Section 72. 979.10 (1) (a) (intro.) of the statutes is amended to read:

AB530,41,18 979.10 (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:

AB530,41,20 (ag) No person may cremate a corpse body unless the person has received a cremation permit release from one of the following:

AB530,73 Section 73. 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:

AB530,41,25 979.10 (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.

AB530,42,4 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.

AB530,42,8 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.

AB530,74 Section 74. 979.10 (1) (a) 1m. and 2m. of the statutes are created to read:

AB530,42,11 979.10 (1) (a) 1m. The person determines that the body must be cremated immediately to effectively contain the disease.

AB530,42,13 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.

AB530,75 Section 75. 979.10 (1) (b) of the statutes is amended to read:

AB530,42,20 979.10 (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.

AB530,76 Section 76. 979.10 (1) (c) of the statutes is renumbered 157.113 and amended to read:

AB530,42,25 157.113 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.

AB530,77 Section 77. 979.10 (1) (d) of the statutes is created to read:

AB530,43,10 979.10 (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.

AB530,78 Section 78. 979.10 (2) of the statutes is amended to read:

AB530,43,25 979.10 (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.

AB530,79 Section 79. 979.10 (3) of the statutes is repealed.

AB530,80 Section 80. 979.10 (4) of the statutes is amended to read:

AB530,44,7 979.10 (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.

AB530,81 Section 81. 979.10 (5) of the statutes is created to read:

AB530,44,12 979.10 (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.

AB530,82 Section 82. 979.10 (6) of the statutes is created to read:

AB530,44,18 979.10 (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.

AB530,83 Section 83. 979.22 of the statutes is amended to read:

AB530,45,2 979.22 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.

AB530,84 Section 84. Nonstatutory provisions.

AB530,45,7 (1) Examining board; initial terms. Notwithstanding the length of terms specified for the members of the medicolegal investigation examining board under section 15.405 (18) of the statutes, as created by this act, initial appointments to the medicolegal investigation examining board shall be made as follows:

AB530,45,12 (a) The forensic pathologist member under section 15.405 (18) (a) of the statutes, as created by this act; the member under section 15.405 (18) (c) of the statutes, as created by this act; the member under section 15.405 (18) (e) of the statutes, as created by this act; and the member under section 15.405 (18) (i) of the statutes, as created by this act, shall be appointed for terms expiring on July 1, 2016.

AB530,45,17 (b) The coroner member under section 15.405 (18) (a) of the statutes, as created by this act; the member under section 15.405 (18) (b) of the statutes, as created by this act; the member under section 15.405 (18) (d) of the statutes, as created by this act; and the member under section 15.405 (18) (h) of the statutes, as created by this act, shall be appointed for terms expiring on July 1, 2018.

AB530,45,21 (c) The medical examiner member under section 15.405 (18) (a) of the statutes, as created by this act; the member under section 15.405 (18) (f) of the statutes, as created by this act; and the member under section 15.405 (18) (g) of the statutes, as created by this act, shall be appointed for terms expiring on July 1, 2020.

AB530,45,22 (2) Currently serving individuals.

AB530,45,23 (a) In this subsection:

AB530,45,25 1. "Medical examiner" means a nonphysician medical examiner or a physician medical examiner.

AB530,46,5 2. "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.

AB530,46,7 3. "Nonphysician medical examiner" means a medical examiner appointed under section 59.34 (1) (a) or 59.38 (5) of the statutes who is not a physician.

AB530,46,8 4. "Physician" has the meaning given in section 448.01 (5) of the statutes.

AB530,46,10 5. "Physician medical examiner" means a medical examiner appointed under section 59.34 (1) (a) or 59.38 (5) of the statutes who is a physician.

AB530,46,16 (b) Notwithstanding section 463.10 (2) (a) of the statutes, as created by this act, the medicolegal investigation examining board shall issue an initial license in medicolegal investigation under section 463.10 (2) of the statutes, as created by this act, to every individual who is serving as coroner, nonphysician medical examiner, and medicolegal investigation staff member in this state on the effective date of this paragraph.

AB530,46,19 (c) 1. Notwithstanding section 463.10 (2) (a) 2. of the statutes, as created by this act, no initial license fee may be imposed for individuals issued an initial license under paragraph (b).

AB530,46,22 2. Notwithstanding s. 463.05 (2) (b), as created by this act, no fee may be imposed for training provided by the board under s. 463.10 (3) (a) 1. and 2. a., as created by this act, for individuals issued an initial license under paragraph (b).

AB530,85 Section 85. Initial applicability.

AB530,47,10 (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, 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.

AB530,47,13 (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.

AB530,86 Section 86. Effective date.

AB530,47,16 (1) This act takes effect on the first day of the 13th month beginning after publication.

AB530,47,17 (End)