AB867: Bill Text

AB867,27,3 (k) An optometrist licensed under ch. 449.

AB867,27,4 (L) A pharmacist licensed under ch. 450.

AB867,27,5 (m) An acupuncturist certified under ch. 451.

AB867,27,6 (n) A psychologist licensed under ch. 455.

AB867,27,8 (o) A social worker, marriage and family therapist, or professional counselor certified or licensed under ch. 457.

AB867,27,11 (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.

AB867,27,12 (q) A massage therapist or bodyworker certified under ch. 460.

AB867,27,14 (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.

AB867,27,16 (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.

AB867,27,17 (4) "Human remains" has the meaning given in s. 157.061 (8).

AB867,27,18 (5) "Law enforcement agency" has the meaning given in s. 165.83 (1) (b).

AB867,27,22 (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.

AB867,27,24 (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.

AB867,28,3 (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:

AB867,28,4 (a) The deceased's spouse.

AB867,28,5 (b) An adult son or daughter of the deceased.

AB867,28,6 (c) A parent of the deceased.

AB867,28,7 (d) An adult brother or sister of the deceased.

AB867,28,8 (e) A person appointed as a representative of the deceased by the circuit court.

AB867,42 Section 42. 979.01 (title) of the statutes is amended to read:

AB867,28,11 979.01 (title) Reporting deaths required; penalty; taking specimens by coroner or medical examiner jurisdiction for investigating deaths.

AB867,43 Section 43. 979.01 (1) of the statutes is repealed and recreated to read:

AB867,28,23 979.01 (1) (a) If a death occurs outside 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 an appropriate law enforcement agency and 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:

AB867,28,24 1. A death that involves unexplained, unusual, or suspicious circumstances.

AB867,28,25 2. A death that the person has reason to believe is the result of a homicide.

AB867,29,1 3. A death that the person has reason to believe is the result of a suicide.

AB867,29,3 4. A death of a woman that is associated with an abortion, as defined in s. 253.10 (2) (a).

AB867,29,7 5. A death, if the person has reason to believe that an injury or poisoning was a contributing cause of the death, whether or not the person has reason to believe that the injury or poisoning was the primary cause of the death and regardless of the interval between the injury or poisoning and the death.

AB867,29,9 6. A death that occurred when the individual was not under the care of a physician for the illness or condition that caused the death.

AB867,29,13 7. A death, if after reasonable efforts, a physician cannot within 6 days after the pronouncement of death, or sooner under circumstances that the coroner or medical examiner determines to be an emergency, be obtained to sign the medical certification as required under s. 69.18 (2) (b) or (c).

AB867,29,16 8. A death that the person has reason to believe is associated with the abuse of a chemical substance that may be legally used or with the use of a controlled substance, as defined in s. 961.01 (4).

AB867,29,20 9. A death that the person has reason to believe is associated with an epidemic or pandemic, with the spread of a dangerous communicable disease, as defined by the department of health services, or with a disease-causing agent that may pose a threat to public health.

AB867,29,23 (b) A law enforcement officer shall immediately report to the coroner or medical examiner in the county in which an individual was pronounced dead all of the following:

AB867,29,25 1. A death that occurs while an individual is in the actual or constructive custody of a law enforcement officer.

AB867,30,2 2. A death of an individual that occurs during the pursuit of the individual by a law enforcement officer or otherwise involves a law enforcement officer.

AB867,30,7 3. A death that occurs while the individual is confined in a federal prison in this state, a state prison, county jail or house of correction, a juvenile correctional facility, as defined in s. 938.02 (10p), or a juvenile detention facility, as defined in s. 938.02 (10r), or is otherwise incarcerated in the custody of the department or of a county sheriff.

AB867,30,11 (c) A facility where a deceased individual was being detained or institutionalized under s. 51.20, 971.14, or 971.17 or ch. 980 at the time of his or her death shall immediately report the death to the coroner or medical examiner in the county where the facility is located.

AB867,30,14 (d) A health care provider shall immediately report a death that occurs in a physician's office, as defined in s. 460.01 (5), to the coroner or medical examiner in the county in which the physician's office is located.

AB867,30,17 (e) A hospital shall immediately report to the coroner or medical examiner in the county in which the hospital is located a death that occurs at the hospital and satisfies any of the following conditions:

AB867,30,18 1. The death occurred in the emergency department of the hospital.

AB867,30,21 2. The death was not the result of a natural disease process. For purposes of this subdivision, deaths described in par. (a) 1. to 5., 8., and 9. are not considered to be the result of a natural disease process.

AB867,31,2 (f) A nursing home shall immediately report to the coroner or medical examiner in the county in which the nursing home is located a death that occurs at the nursing home and that the nursing home has reason to believe was not the result of a natural disease process. For purposes of this paragraph, deaths described in par. (a) 1. to 5., 8., and 9. are not considered to be the result of a natural disease process.

AB867,31,5 (g) 1. A hospice shall report a death that occurred while an individual was receiving care from the hospice in accordance with the written policy created under subd. 2. that applies to the county in which the death occurred.

AB867,31,10 2. A coroner or medical examiner shall create and distribute to each hospice that operates in the county under his or her jurisdiction a written policy that describes the circumstances under which a hospice must report to the coroner or medical examiner a death that occurs while an individual is receiving care from the hospice.

AB867,44 Section 44. 979.01 (1d) of the statutes is created to read:

AB867,31,14 979.01 (1d) Notwithstanding sub. (1), no person specified in sub. (1) need report a death under sub. (1) if that person knows that another person specified in sub. (1) has already reported the death to a coroner or medical examiner.

AB867,45 Section 45. 979.01 (1g) of the statutes is repealed and recreated to read:

AB867,31,19 979.01 (1g) If discovery of a body or remains of a deceased individual is reported to law enforcement under sub. (1) but not to the coroner or medical examiner, the law enforcement officer shall immediately notify the coroner or the medical examiner of the county in which the body or human remains were located.

AB867,46 Section 46. 979.01 (1i) of the statutes is created to read:

AB867,32,2 979.01 (1i) If a coroner or medical examiner is notified of a death under sub. (1) and determines that the death was caused by a crime, injury, trauma, or other event in a county other than the county in which the death was reported, the coroner or medical examiner shall notify an appropriate law enforcement agency and the coroner or medical examiner in the county in which the crime, injury, trauma, or other event is believed to have occurred.

AB867,47 Section 47. 979.01 (1k) of the statutes is created to read:

AB867,32,8 979.01 (1k) (a) Except as provided in par. (b), if a death must be reported under sub. (1), the coroner or medical examiner in the county in which the crime, injury, trauma, or other event that caused the death occurred has jurisdiction to investigate the cause and manner of death including access to a death investigation scene and specimens necessary for death investigation.

AB867,32,14 (b) If there is reason to believe that a death that must be reported under sub. (1) was caused by a crime, injury, trauma, or other event that occurred outside this state, or if after reasonable efforts it cannot be determined where the crime, injury, trauma, or other event that caused the death occurred, the coroner or medical examiner in the county in which death is pronounced has jurisdiction to investigate the cause and manner of death.

AB867,48 Section 48. 979.01 (1m) of the statutes is renumbered 979.01 (1m) (a) and amended to read:

AB867,32,21 979.01 (1m) (a) The Except as provided in par. (b), the coroner or medical examiner receiving notification under sub. (1) or (1g) who has jurisdiction to investigate cause and manner of a death under this section shall immediately, within a reasonable time after receiving notice of the death, notify the district attorney for his or her county of the death.

AB867,49 Section 49. 979.01 (1m) (b) of the statutes is created to read:

AB867,32,25 979.01 (1m) (b) Except as provided in s. 979.04 (2), the coroner or medical examiner is not required to notify the district attorney of any deaths for which the district attorney, in writing, waives notice.

AB867,50 Section 50. 979.01 (1p) of the statutes is created to read:

AB867,33,3 979.01 (1p) A coroner or medical examiner who receives notice of a death under sub. (1), or his or her designee, shall notify the deceased's next of kin of the death.

AB867,51 Section 51. 979.01 (1r) of the statutes is amended to read:

AB867,33,9 979.01 (1r) If the coroner or medical examiner is notified of a death under sub. (1) or (1g) and determines that his or her notification of the death was not required under sub. (1) or (1g), the discovery of human remains under this section and determines that the human remains have no forensic significance, he or she shall notify the director of the historical society under s. 157.70 (3).

AB867,52 Section 52. 979.01 (2) of the statutes is renumbered 979.01 (2) (a) and amended to read:

AB867,33,14 979.01 (2) (a) Unless s. 948.23 (1) (b) applies and except as provided in par. (b), any person who violates this section shall sub. (1) may be fined not more than $1,000 or imprisoned not more than 90 days or both.

AB867,53 Section 53. 979.01 (2) (b) of the statutes is created to read:

AB867,33,17 979.01 (2) (b) Any partnership, association, organization, institution, or body politic or corporate that violates sub. (1) may be fined not more than $10,000.

AB867,54 Section 54. 979.01 (3) of the statutes is repealed.

AB867,55 Section 55. 979.01 (3m) of the statutes is repealed.

AB867,56 Section 56. 979.01 (4) of the statutes is renumbered 979.105 and amended to read:

AB867,34,14 979.105 Authorization to embalm or dispose of a body. No person may embalm or perform an autopsy on dispose of, by burial, entombment, cremation, delivery to a university or school under s. 157.02 (3), or delivery to a medical or dental school anatomy department under s. 157.06, the body of any person who has died under any of the circumstances listed in this section or on the body of any person whose death has been reported under s. 948.23 (1) (b) unless the person obtains the individual whose death must be reported under s. 948.23 (1) (b) or 979.01 (1) without the written authorization of the coroner of the county in which the injury or cause of death occurred. Such authorization shall be issued by the or medical examiner who has jurisdiction to investigate the death under s. 979.01. An authorization under this section shall include information necessary to identify the deceased, the date and place of death, the name of the funeral director or person acting in the place of the funeral director, and shall specify that the authorization does not override the wishes of the next of kin of the deceased with respect to disposition of the body. The coroner or a deputy within 12 hours after notification of the reportable death, or medical examiner, or his or her designee, shall issue an authorization under this section as soon thereafter as possible in the event of unexplained, unusual or suspicious circumstances after being notified of the death.

AB867,57 Section 57. 979.015 of the statutes is amended to read:

AB867,34,22 979.015 Subpoena for documents. Upon the request of the coroner, medical examiner, or district attorney, a court shall issue a subpoena requiring the production of documents necessary for the determination of a decedent's relevant to determining the cause or manner of a deceased's death. The documents may include the decedent's patient health care records and treatment records, as defined in ss. 51.30 and 146.81 (4). The documents shall be returnable to the officer named in the subpoena.

AB867,58 Section 58. 979.017 of the statutes is created to read:

AB867,35,5 979.017 Custody of and authorization to move a body. (1) After any crime scene investigation has been completed, the coroner or medical examiner who has jurisdiction to investigate a death under s. 979.01 has legal custody of the deceased's body until he or she releases the body for disposition. Temporary transfer of a deceased's body for the purpose of removing a body part that is the subject of an anatomical gift under s. 157.06 does not constitute release of legal custody of the body.

AB867,35,11 (2) If an individual's death must be reported under s. 979.01 (1), no person may move the individual's body at or from the scene of death without authorization from both the law enforcement agency investigating the death and the coroner or medical examiner to whom the death was first reported under s. 979.01, except if it is necessary to move the body to perform search or rescue operations for living individuals.

AB867,59 Section 59. 979.02 (title) of the statutes is amended to read:

AB867,35,13 979.02 (title) Autopsies and other diagnostic procedures.

AB867,60 Section 60. 979.02 of the statutes is renumbered 979.02 (1) and amended to read:

AB867,36,7 979.02 (1) The coroner, or medical examiner or district attorney who has jurisdiction to investigate a death under s. 979.01 may order the conducting of that an autopsy upon or other appropriate diagnostic procedure be performed on the body of a dead person any place within the state in cases where an inquest might be had as provided in s. 979.04 notwithstanding the fact that no such inquest is ordered or conducted. The autopsy shall be conducted by a licensed physician who has specialized training in pathology. The district attorney may move the circuit court for the county in which the body is buried for an order disinterring the body for purposes of autopsy. The order shall be granted by the circuit court upon a reasonable showing that any of the criteria specified in s. 979.04 exists. This section does not prevent additional autopsies or examinations of the body if there are unanswered pathological questions concerning the death and the causes of death the deceased, or may extract from the body any specimen, bodily fluids, other bodily material, or other material for analysis that will assist him or her in conducting a death investigation. The coroner or medical examiner shall dispose of specimens, fluids, and materials that are no longer of use in the investigation in accordance with standard biological material practices and county evidence retention rules.

AB867,61 Section 61. 979.02 (2) to (7) of the statutes are created to read:

AB867,36,12 979.02 (2) The coroner or medical examiner who has jurisdiction to investigate a death under s. 979.01, or his or her designee, shall order that an autopsy and any other appropriate diagnostic procedure be performed on the body of the deceased if any of the following applies:

AB867,36,15 (a) The coroner or medical examiner has reason to believe that the death resulted from a criminal act, unless the district attorney waives the requirement for an autopsy.

AB867,36,17 (b) The death must be reported under s. 979.01 (1) (b) or (c), unless the district attorney waives the requirement for an autopsy.

AB867,36,19 (c) The deceased was under 18 years of age and the death is unexplained or unusual.

AB867,36,21 (d) The deceased was under 2 years of age and the death occurred under circumstances indicating sudden infant death syndrome.

AB867,36,24 (3) The district attorney may order an autopsy conducted on the body of a deceased regardless of whether the conditions for ordering an inquest under s. 979.04 (1) are satisfied.

AB867,37,2 (4) An autopsy ordered under this section may be performed only by a licensed physician who has undergone specialized training in pathology.

AB867,37,5 (5) The requirement to order an autopsy under sub. (2) does not preclude a coroner or medical examiner from allowing the removal of a body part that is the subject of an anatomical gift under s. 157.06.

AB867,37,12 (6) Except if ordered under sub. (3), no person may perform an autopsy on the body of an individual whose death must be reported under s. 948.23 (1) (b) or 979.01 (1) without the written authorization of the coroner or medical examiner who has jurisdiction to investigate the death under s. 979.01. In cases in which the coroner or medical examiner issues an authorization to perform an autopsy, the coroner or medical examiner shall, if possible, issue the authorization within 12 hours after being notified of the death, or as soon as possible thereafter.

AB867,37,20 (7) If the coroner or medical examiner who has jurisdiction to investigate a death under s. 979.01 determines that an autopsy or analysis of specimens, bodily fluids, or other bodily materials is not required for an investigation of a death that must be reported under s. 948.23 (1) (b) or 979.01 (1) and a representative of the deceased inquires about performance of an autopsy or analysis of specimens, bodily fluids, or other bodily materials, the coroner or medical examiner shall inform the representative of the deceased that the representative of the deceased may contract for pathology-related services at his or her own expense.