3. Monitor compliance with the licensure requirements created by the bill.
4. Revoke the license of a license holder who fails to complete the required death
investigation course.
5. Provide the required training and education to license holders. The bill
allows the board to impose fees for licenses issued after the bill's effective date and
for license renewals.
The bill also requires the board, if a license is revoked or not renewed for any
reason, to do any of the following that applies to the license holder:
1. If the license holder is a nonaccredited medical examiner, send a statement
to the county board or county executive, if applicable, for any county in which the
license holder serves, recommending dismissal of the nonaccredited medical
examiner because of the revocation or failure to renew the license.
2. If the license holder 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 revocation or failure to renew the license.
The bill requires an individual who is appointed as a nonaccredited medical
examiner or is hired to serve as a medicolegal investigation staff member, and who
leaves his or her position as a medical examiner or medicolegal investigation staff
member, to so inform the board.
The bill appropriates to the board all moneys received from licensure fees for
medicolegal investigators licensed by the board and moneys received by the
Department of Health Services for the issuance of death certificates.
Reporting deaths
Under current law, any person who has knowledge of certain deaths must
report the death to the sheriff, police chief, or medical examiner or coroner for the
locality in which the death occurred. The following types of deaths must be reported:
a death that involves unexplained, unusual, or suspicious circumstances; a homicide
or suicide; a death following an accident; a death that is due to poisoning; a death
following an abortion; a death for which a physician or spiritual advisor did not
attend the deceased within 30 days before death; and a death for which a physician
refuses to sign the death certificate or for which a physician cannot timely be
obtained to sign the medical certification that is required for a death certificate. A
sheriff or police chief who is notified of such a death must notify the coroner or
medical examiner of the death, and the coroner or medical examiner must notify the
district attorney. In addition, current law requires a parent, stepparent, guardian,
or legal custodian of a child to report to law enforcement the death of the child if it
occurs under certain circumstances.
The bill requires that a law enforcement officer, health care provider, or funeral
director who has knowledge of a death that occurs outside a hospital, nursing home,
hospice, or physician's office must immediately report the death to the appropriate
law enforcement agency and the coroner or medical examiner in the county where
the death occurred or where the body or remains were located. Any person who
discovers a body or the remains of a deceased individual outside a hospital, nursing
home, hospice, or physician's office must also immediately report the death, if the
death is of a type that must be reported, to law enforcement in the county where the
death occurred or where the body or remains were located and may also report the
death to the coroner or medical examiner. If the discovery of the body or remains is
not reported to the coroner or medical examiner, law enforcement must report the
discovery to the coroner or medical examiner. The bill also includes specific reporting
requirements for deaths that occur in hospitals, nursing homes, hospices, or
physician's offices. First, a health care provider must report each death that occurs
in a physician's office. Second, a hospice must report deaths that occur while a person
is receiving care from hospice in accordance with the coroner or medical examiner's
written policy. Third, a hospital or nursing home must report each death that occurs
at the hospital or nursing home and that did not result from a natural disease
process. Fourth, a hospital must report each death that occurs in the emergency
department of the hospital.
Currently, the penalty for failure to report a death for which reporting is
required is a fine not to exceed $1,000 or imprisonment for not more than 90 days.
The bill increases the maximum fine to $10,000 for a partnership, association,
organization, institution, or body politic or corporate that fails to report a death for
which reporting is required.
Jurisdiction to investigate death and notifications
The bill assigns jurisdiction to investigate the cause and manner of a death to
the coroner or medical examiner in the county in which occurred the crime, injury,
or other event that caused the death. However, if it cannot be determined where the
event that caused the death occurred, or if the death occurred outside the state, the
coroner or medical examiner in the county in which death was pronounced has
jurisdiction to investigate. The bill provides that after any crime scene investigation
the coroner or medical examiner who has jurisdiction to investigate cause and
manner of death has custody of the deceased's body and prohibits any person from
moving the body at or from a death scene without authorization from the law
enforcement agency investigating the death and the coroner or medical examiner.
The bill requires a coroner or medical examiner who receives notice of a death to
notify the deceased's next of kin. The bill provides that a coroner or medical examiner
need not notify the district attorney of certain types of reported deaths if the district
attorney has waived notice in writing.
Autopsies and other diagnostic procedures
Currently, a coroner, medical examiner, or district attorney may order an
autopsy conducted on a body if there is reason to believe that the death resulted from
a homicide or certain other crimes or suicide, or occurred under unexplained or
suspicious circumstances. A coroner or medical examiner must order an autopsy on
any person who dies while confined in a correctional facility in this state. If a child
who is under two years of age dies unexpectedly or under circumstances indicating
sudden infant death syndrome, the coroner or medical examiner must order an
autopsy unless the parent or guardian requests in writing that an autopsy not be
performed. If the autopsy reveals that sudden infant death syndrome is the cause
of death, that cause shall be stated in the autopsy report. No person may perform
an autopsy on the body of a person whose death must be reported without obtaining
written authorization from the coroner or medical examiner.
Under current law, if an autopsy is not performed in connection with a death
that must be reported, the coroner or medical examiner may take specimens from the
body for analysis to assist in determining the cause of death. The coroner or medical
examiner must take specimens for analysis in such cases if requested to do so by the
spouse, parent, child, or sibling of the deceased.
The bill requires a coroner or medical examiner to order an autopsy for the
following deaths: a death that likely resulted from a crime; a death of a person under
two years of age under circumstances indicating sudden infant death syndrome; a
death of a person under 18 years of age that is unusual or unexplained; a death of
a person who is in the custody of a law enforcement officer or under active pursuit
by a law enforcement officer, or that otherwise involves a law enforcement officer; a
death of a person who is confined in federal prison or confined in a jail or otherwise
confined by a sheriff; and a death of a person who is detained or institutionalized in
connection with a civil commitment, preliminary proceedings for civil commitment,
or criminal trial competency proceedings. The bill allows a district attorney to order
an autopsy. The bill repeals the requirement that a coroner or medical examiner, in
cases where a death must be reported, must take specimens from a deceased's body
upon request of the deceased's spouse, parent, child, or sibling. Under the bill, if a
coroner or medical examiner does not order an autopsy for a death that must be
reported and a representative of the deceased inquires about performance of an
autopsy, the coroner or medical examiner must inform the representative that the
representative may independently contract for pathology-related services. Finally,
the bill repeals the requirement that, when applicable, coroners and medical
examiners cite sudden infant death syndrome as the cause of death in an autopsy
report.
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. 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.
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:
AB867,1
1Section
1. 15.405 (18) of the statutes is created to read:
AB867,8,52
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:
AB867,8,76
(a) Two individuals, each of whom is a coroner, chief deputy coroner, or deputy
7coroner.
AB867,8,118
(am) Two individuals, each of whom is a nonaccredited medical examiner, as
9defined in s. 465.01 (4), or a medicolegal investigation staff member, as defined in s.
10465.01 (3), other than a medicolegal investigation staff member included under par.
11(a).
AB867,8,1312
(b) Two individuals, each of whom is an accredited medical examiner, as defined
13in s. 465.01 (1g).
AB867,9,1
1(c) One member of the Wisconsin District Attorneys' Association.
AB867,9,22
(d) One member of the Badger State Sheriffs Association.
AB867,9,33
(e) One member of the Wisconsin Chiefs of Police Association.
AB867,9,44
(g) The attorney general or his or her designee.
AB867,9,55
(i) One public member.
AB867,2
6Section
2. 20.165 (1) (g) of the statutes is amended to read:
AB867,9,157
20.165
(1) (g)
General program operations. The amounts in the schedule for
8the licensing, rule making, and regulatory functions of the department, other than
9the licensing, rule-making, and credentialing functions of the medical examining
10board and the affiliated credentialing boards attached to the medical examining
11board and except for preparing, administering, and grading examinations. Ninety
12percent of all moneys received under chs. 440 to 480, except
ch. chs. 448
and 465 and
13ss. 440.03 (13)
, and 440.05 (1) (b)
, and, less $10 of each renewal fee received under
14s. 452.12 (5); all moneys transferred from the appropriation under par. (i); and all
15moneys received under s. 440.055 (2)
, shall be credited to this appropriation.
AB867,3
16Section
3. 20.165 (1) (hr) of the statutes is created to read:
AB867,9,2017
20.165
(1) (hr)
Medicolegal investigation examining board; program revenues. 18All moneys received from fees imposed for licenses issued under s. 465.10 to provide
19training and education to individuals licensed under s. 465.10 and to support the
20medicolegal investigation examining board in performing its duties and functions.
AB867,4
21Section
4. 20.165 (1) (kd) of the statutes is created to read:
AB867,9,2522
20.165
(1) (kd)
Medicolegal investigation examining board. All moneys
23transferred from the appropriation account under s. 20.435 (1) (gm) to provide
24training and education to individuals licensed under s. 465.10 and to support the
25medicolegal investigation examining board in performing its duties and functions.
AB867,10,133
20.435
(1) (gm)
Licensing, review and certifying activities; fees; supplies and
4services. The amounts in the schedule for the purposes specified in ss. 253.12,
5254.176, 254.178, 254.179, 254.20 (5) and (8), 254.31 to 254.39, 254.41, 254.47,
6254.61 to 254.88, and 256.15 (8), ch. 69, for the purchase and distribution of medical
7supplies, and to analyze and provide data under s. 250.04. All moneys received under
8ss. 250.04 (3m), 254.176, 254.178, 254.181, 254.20 (5) and (8), 254.31 to 254.39,
9254.41, 254.47, 254.61 to 254.88, and 256.15 (5) (f) and (8) (d) and ch. 69, other than
10s. 69.22 (1m), and as reimbursement for medical supplies shall be credited to this
11appropriation account
, except that all moneys received under s. 69.22 for copies of
12death certificates shall be transferred to the appropriation account under s. 20.165
13(1) (kd).
AB867,10,2516
20.435
(1) (gm)
Licensing, review and certifying activities; fees; supplies and
17services. The amounts in the schedule for the purposes specified in ss. 253.12,
18254.176, 254.178, 254.179, 254.20 (5) and (8), 254.31 to 254.39, 254.41, and 256.15
19(8), ch. 69, for the purchase and distribution of medical supplies, and to analyze and
20provide data under s. 250.04. All moneys received under ss. 250.04 (3m), 254.176,
21254.178, 254.181, 254.20 (5) and (8), 254.31 to 254.39, 254.41, and 256.15 (5) (f) and
22(8) (d) and ch. 69, other than s. 69.22 (1m), and as reimbursement for medical
23supplies shall be credited to this appropriation account, except that all moneys
24received under s. 69.22 for copies of death certificates shall be transferred to the
25appropriation account under s. 20.165 (1) (kd).
AB867,7
1Section
7. 51.30 (4) (b) 29. of the statutes is created to read:
AB867,11,112
51.30
(4) (b) 29. To a medical examiner, assistant medical examiner, coroner,
3or deputy coroner upon an oral or written request from that person, if the individual's
4treatment records are relevant to completion of a medical certification for the
5individual's death under s. 69.18 (2) or to an investigation of the cause or manner of
6the individual's death under s. 979.01 or 979.10. A custodian of treatment records
7may initiate contact with a coroner or medical examiner to inform him or her of
8treatment records of a deceased individual that may be relevant to the completion
9of a medical certification or the investigation of a death. The recipient of any
10information under this subdivision shall keep the information confidential except as
11necessary to comply with s. 69.18, 979.01, or 979.10.
AB867,8
12Section
8. 69.01 (12) of the statutes is amended to read:
AB867,11,1713
69.01
(12) "Final disposition" means the disposition of a corpse or stillbirth by
14burial, interment, entombment, cremation, delivery to a university or school under
15s. 157.02
(3) (1m) (c), or delivery to a medical or dental school anatomy department
16under s. 157.06. "Final disposition" does not include disposition of the ashes
17produced by cremation of a corpse or stillbirth.
AB867,9
18Section
9. 69.18 (2) (d) 1. of the statutes is amended to read:
AB867,12,219
69.18
(2) (d) 1. Except as provided under par. (e), if
a the manner of death
is
20not natural and is
the subject of a coroner's or medical examiner's determination 21investigated by a coroner or medical examiner under s. 979.01
or 979.03, the coroner
22or medical examiner or a physician supervised by a coroner or medical examiner in
23the county where the event which caused the death occurred shall complete and sign
24the medical certification for the death
and mail the death certificate within 5 days
25after the pronouncement of death or present the certificate to the person responsible
1for filing the death certificate under sub. (1) within 6 days after the pronouncement
2of death.
AB867,10
3Section
10. 69.18 (2) (d) 2. of the statutes is amended to read:
AB867,12,104
69.18
(2) (d) 2. Except as provided under par. (e), if the decedent was not under
5the care of a physician for the illness or condition from which the person died, the
6coroner or medical examiner, or a physician supervised by a coroner or medical
7examiner, in the county of the place of death shall complete and sign the medical
8certification for the death
and mail the death certificate within 5 days after the
9pronouncement of death or present the certificate to the person responsible for filing
10the death certificate under sub. (1) within 6 days after the pronouncement of death.
AB867,11
11Section
11. 69.18 (2) (d) 3. of the statutes is amended to read:
AB867,12,1812
69.18
(2) (d) 3. For a medical certification under this paragraph, except a
13medical certification of the cause of death of an indigent, a coroner or medical
14examiner may charge a fee established by the county board, not to exceed an amount
15reasonably related to the actual and necessary cost of providing the medical
16certification. The coroner or medical examiner, or the physician employed by the
17coroner or medical examiner, shall
mail or present
complete and sign a medical
18certification as required under subd. 1., whether or not the fee has been paid.
AB867,12
19Section
12. 69.18 (3) (a) of the statutes is amended to read:
AB867,13,320
69.18
(3) (a) Except as provided under par. (c) or (e), the person who has moved
21a corpse under sub. (1) (a) shall complete a report for final disposition, on a form
22supplied by the state registrar, and, within 24 hours after being notified of the death,
23mail or present a copy of the report to the coroner or medical examiner in the county
24of the place of death and mail or present a copy to the local registrar in the
25registration district of the place of death. If the
cause of death
is subject to an
1investigation must be reported to a coroner or medical examiner under s. 979.01
or
2979.03, the report for final disposition shall be submitted to the coroner or medical
3examiner in the county in which the event which caused the death occurred.
AB867,13
4Section
13. 69.18 (3) (b) of the statutes is amended to read:
AB867,13,95
69.18
(3) (b) If a medical certification for a corpse is required under sub. (2) (d),
6no person may embalm the corpse or effect its final disposition without satisfying the
7requirements for a report under par. (a) and without obtaining
the written
8permission of the person required to complete the medical certification under sub.
9(2) (d) an authorization to embalm or dispose of a body under s. 979.105.
AB867,14
10Section
14. 69.18 (3) (d) of the statutes is amended to read:
AB867,13,1811
69.18
(3) (d) No person may remove a corpse from this state if the place of death
12was in this state unless the corpse is accompanied by a copy of the report for final
13disposition. If a medical certification is required for the corpse under sub. (2) (d), the
14corpse must be accompanied by the report and
the written permission of the coroner
15or medical examiner to embalm and effect final disposition an authorization to
16embalm or dispose of a body under s. 979.105. No person may remove a stillbirth
17from this state if the delivery of the stillbirth was in this state unless the stillbirth
18is accompanied by a report for final disposition.
AB867,15
19Section
15. 69.18 (4) (a) (intro.) of the statutes is renumbered 69.18 (4) (c) and
20amended to read:
AB867,14,421
69.18
(4) (c) Subject to s. 157.111, the coroner or medical examiner of the county
22in which a decedent's corpse is interred shall issue
an authorization a permit for
23disinterment and reinterment upon receipt of an order of a court of competent
24jurisdiction
or upon receipt of a written application for disinterment and reinterment
25signed by the person in charge of the disinterment and by any of the following
1persons, in order of priority stated, when persons in prior classes are not available
2at the time of application, and in the absence of actual notice of contrary indications
3by the decedent or actual notice of opposition by a member of the same or a prior
4class:.
AB867,16
5Section
16. 69.18 (4) (a) 1g. to 6. of the statutes are renumbered 69.18 (4) (am)
61g. to 6.
AB867,17
7Section
17. 69.18 (4) (am) (intro.) of the statutes is created to read:
AB867,14,108
69.18
(4) (am) (intro.) In this subsection, "representative of the decedent"
9means any member of the following classes of individuals, in the order of priority
10listed:
AB867,18
11Section
18. 69.18 (4) (b) of the statutes is created to read:
AB867,14,1412
69.18
(4) (b) Except as provided in s. 157.112 (3), no person may disinter a
13human corpse from a grave or tomb without first obtaining a disinterment permit
14under par. (c) or (d).
AB867,19
15Section
19. 69.18 (4) (bm) of the statutes is repealed.
AB867,20
16Section
20. 69.18 (4) (d) of the statutes is created to read:
AB867,14,2117
69.18
(4) (d) Subject to s. 157.111, the coroner or medical examiner of the county
18in which a decedent's corpse is interred shall issue a disinterment permit upon
19receipt of a written application for disinterment that is made and signed by a
20representative of the decedent and signed by the person in charge of disinterment
21if all of the following apply:
AB867,14,2322
1. No representative of the decedent who is a member of a prior class under par.
23(am) is available at the time the application is made.
AB867,14,2524
2. The coroner or medical examiner does not have actual notice that the
25decedent would have opposed the disinterment.
AB867,15,3
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.
AB867,15,54
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.
AB867,21
6Section
21. 69.18 (4) (e) of the statutes is created to read: