AB366: Bill Text

AB366,13,21 157.055 (2) (intro.) Notwithstanding ss. 69.18 (4), 157.113, 445.04 (2), 445.14, 979.01 (3), and (3m), and (4), 979.02, and 979.025 (2), 979.027, 979.10, and 979.105, and subch. VII of ch. 440, during a period of a state of emergency related to public health declared by the governor under s. 323.10, a public health authority may do all of the following:

AB366,27 Section 27. 157.112 (3) (intro.) of the statutes is amended to read:

AB366,13,25 157.112 (3) (intro.) A cemetery authority may rebury human remains under sub. (2) without first obtaining an authorization complying with the conditions under s. 69.18 (4), but the cemetery authority shall do all of the following:

AB366,28 Section 28. 157.70 (3) (a) of the statutes is amended to read:

AB366,14,5 157.70 (3) (a) Except as provided under s. 979.01, a A person shall immediately notify the director if the person knows or has reasonable grounds to believe that a burial site or the cataloged land contiguous to a cataloged burial site is being disturbed or may be disturbed contrary to the requirements of subs. (4) and (5).

AB366,29 Section 29. 346.71 (1) of the statutes is amended to read:

AB366,14,22 346.71 (1) Every coroner or medical examiner shall, on or before the 10th day of each month, report in writing any accident involving a motor vehicle occurring within the coroner's or medical examiner's jurisdiction resulting in the death of any person during the preceding calendar month. If the accident involved an all-terrain vehicle or utility terrain vehicle, the report shall be made to the department of natural resources and shall include the information specified by that department. If the accident involved an off-highway motorcycle, as defined in s. 23.335 (1) (q), operated off the highways, as defined in s. 23.335 (1) (y), the report shall be made to the department of natural resources and the department of transportation and shall include the information specified by each department. If the accident involved any other motor vehicle, the report shall be made to the department of transportation and shall include the information specified by that department. The coroner or medical examiner of the county where the death occurs, if the accident occurred in another jurisdiction, shall, immediately upon learning of the death, report it to the coroner or medical examiner of the county where the accident occurred, as provided in s. 979.01 (1).

AB366,30 Section 30. 346.71 (2) of the statutes is amended to read:

AB366,15,23 346.71 (2) In cases of death involving a motor vehicle in which the decedent was the operator of a motor vehicle, a pedestrian 14 years of age or older or a bicycle or electric personal assistive mobility device operator 14 years of age or older and who died within 6 hours of the time of the accident, the coroner or medical examiner of the county where the death occurred shall require that a blood specimen of at least 10 cc. be withdrawn from the body of the decedent within 12 hours after his or her death, by the coroner or medical examiner or by a physician so designated by the coroner or medical examiner or by a qualified person at the direction of the physician. All funeral directors shall obtain a release an authorization from the a coroner or medical examiner of the county where the accident occurred as provided in s. 979.01 (4) 979.105 prior to proceeding with embalming any body coming under the scope of this section. The blood so drawn shall be forwarded to a laboratory approved by the department of health services for analysis of the alcoholic content of the blood specimen. The coroner or medical examiner causing the blood to be withdrawn shall be notified of the results of each analysis made and shall forward the results of each such analysis to the department of health services. If the death involved a motor vehicle, the department shall keep a record of all such examinations to be used for statistical purposes only and the department shall disseminate and make public the cumulative results of the examinations without identifying the individuals involved. If the death involved an all-terrain vehicle, a utility terrain vehicle, or an off-highway motorcycle, as defined in s. 23.335 (1) (q), that was being operated off the highways, as defined in s. 23.335 (1) (y), the department of natural resources shall keep a record of all such examinations to be used for statistical purposes only and the department of natural resources shall disseminate and make public the cumulative results of the examinations without identifying the individuals involved.

AB366,31 Section 31. 440.03 (9) (a) (intro.) of the statutes is amended to read:

AB366,16,4 440.03 (9) (a) (intro.) Subject to pars. (b) and (c) and except as provided in par. (bm), the department shall, biennially, determine each fee for an initial credential for which no examination is required, for a reciprocal credential, and for a credential renewal by doing all of the following:

AB366,32 Section 32. 440.03 (9) (bm) of the statutes is created to read:

AB366,16,8 440.03 (9) (bm) The medicolegal investigation examining board may determine the amount of any fees imposed for licenses issued under s. 465.10, in accordance with s. 465.05 (2).

AB366,33 Section 33. 440.03 (13) (b) 38d. of the statutes is created to read:

AB366,16,10 440.03 (13) (b) 38d. Medicolegal investigator.

AB366,34 Section 34. 440.05 (intro.) of the statutes is amended to read:

AB366,16,14 440.05 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., 448.07 (2), 449.17 (1m) (d), and 449.18 (2) (d), and 465.05 (2):

AB366,35 Section 35. 440.05 (intro.) of the statutes, as affected by 2015 Wisconsin Act 116 and 2017 Wisconsin Act .... (this act), is repealed and recreated to read:

AB366,16,19 440.05 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), 449.18 (2) (d), and 465.05 (2):

AB366,36 Section 36. 440.08 (2) (a) 46t. of the statutes is created to read:

AB366,16,22 440.08 (2) (a) 46t. Medicolegal investigation: January 1, 2019, and quadrennially thereafter.

AB366,37 Section 37. 440.78 (1) (b) of the statutes is amended to read:

AB366,16,24 440.78 (1) (b) A copy of the cremation permit issued under s. 979.10 (1) (a) (ag).

AB366,38 Section 38. Chapter 465 of the statutes is created to read:

AB366,17,2 chapter 465 medicolegal investigation

AB366,17,3 465.01 Definitions. In this chapter:

AB366,17,5 (1g) “Accredited medical examiner" means a medical examiner appointed under s. 59.34 (1) (a) or 59.38 (5) who satisfies any of the following:

AB366,17,7 (a) He or she is accredited as a certified forensic pathologist by the American Board of Pathology.

AB366,17,9 (b) He or she is accredited as a certified forensic anthropologist by the American Board of Forensic Anthropology.

AB366,17,11 (c) He or she is certified in forensic odontology by the American Board of Forensic Odontology.

AB366,17,12 (1r) “Board" means the medicolegal investigation examining board.

AB366,17,14 (2) “Medical examiner" means a nonaccredited medical examiner or an accredited medical examiner.

AB366,17,18 (3) (a) Except as provided in par. (b), “medicolegal investigation staff member" means a chief deputy coroner, a deputy coroner, a deputy medical examiner, and any other individual who assists the office of a coroner or medical examiner with an investigation of a death.

AB366,17,20 (b) “Medicolegal investigation staff member" does not include any of the following:

AB366,17,22 1. An individual who is elected as a coroner or appointed to fill a vacancy as a coroner.

AB366,17,23 2. A medical examiner.

AB366,17,25 3. An individual performing solely administrative functions in the office of a coroner or medical examiner.

AB366,18,2 (4) “Nonaccredited medical examiner" means a medical examiner appointed under s. 59.34 (1) (a) or 59.38 (5) other than an accredited medical examiner.

AB366,18,4 465.05 Powers and duties of board. (1) Duties. The board shall do all of the following:

AB366,18,7 (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.

AB366,18,9 (b) Coordinate and provide, on a regional basis and at no cost to licensees, the training and education described in s. 465.10 (3), (3m) (b), and (4) (a) 1. and (b) 2.

AB366,18,10 (c) Monitor compliance with the licensure requirements under this chapter.

AB366,18,13 (d) Approve instructor certification standards that must be satisfied in order for a person to conduct the training and education required under s. 465.10 (3), (3m) (b), and (4) (a) 1. and (b) 2.

AB366,18,16 (dm) If an individual who holds a license issued under s. 465.10 fails to satisfy the requirement under s. 465.10 (3) (a) within the period specified in s. 465.10 (3) (a), revoke the individual's license.

AB366,18,19 (e) If a license issued under s. 465.10 is revoked by the board or is not renewed, do any of the following that is applicable with respect to the individual who was the holder of the license:

AB366,18,24 1. If the individual is a nonaccredited medical examiner, send a statement to the county board or county executive, if applicable, for any county in which the nonaccredited medical examiner serves recommending dismissal of the nonaccredited medical examiner because of the revocation of or failure to renew the license.

AB366,19,3 2. If the individual is a medicolegal investigation staff member, send a notice to the office in which the medicolegal investigation staff member works notifying the coroner or medical examiner of the revocation of or failure to renew the license.

AB366,19,7 (2) Powers. The board may impose fees for initial licenses or for license renewals under s. 465.10 (2) and (4). If the board imposes any fee under this subsection, the board shall set the fee at an amount commensurate with the cost of issuing licenses and monitoring compliance with this chapter.

AB366,19,12 465.10 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 medical examiner or medicolegal investigation staff member without a license in medicolegal investigation issued under this section.

AB366,19,14 (b) None of the following is required to have a license in medicolegal investigation issued under this section:

AB366,19,15 1. An accredited medical examiner.

AB366,19,17 2. An individual who is elected as a coroner or appointed to fill a vacancy as a coroner.

AB366,19,19 (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:

AB366,19,22 1. The individual is appointed as a nonaccredited medical examiner or is hired by a coroner or medical examiner to serve as a medicolegal investigation staff member.

AB366,19,23 2. The individual pays any fee imposed by the board under s. 465.05 (2).

AB366,20,3 (b) License renewal. The renewal date for a license issued under this subsection is specified under s. 440.08 (2) (a). Renewal applications shall include any fee established by the board under s. 465.05 (2) and proof satisfactory to the board that the individual has completed all hours of training or education required under sub. (3).

AB366,20,6 (3) Training and education requirements. (a) An individual who is issued an initial license under sub. (2) (a) shall, within 18 months after the license is issued, complete a basic, 40-hour death investigation training course approved by the board.

AB366,20,11 (am) 1. An individual who is issued an initial license under sub. (2) (a) within 18 months prior to the next renewal date may renew the license one time without satisfying the requirement under par. (a). The individual may renew the license a 2nd time following completion, within the period specified under par. (a), of that requirement.

AB366,20,14 2. An individual who is issued an initial license under sub. (2) (a) more than 18 months prior to the next renewal date may renew the license one time after satisfying, within the period specified under par. (a), the requirement under par. (a).

AB366,20,19 (b) An individual applying for a renewal of a license issued under sub. (2) (a) subsequent to the 2nd renewal under par. (am) 1. or the first renewal under par. (am) 2., and an individual applying for a renewal of a license issued under sub. (2) (a) subsequent to the renewal under sub. (3m) (b), shall complete 24 hours of education, as prescribed by the board.

AB366,21,2 (3m) Currently serving individuals. (a) Notwithstanding sub. (2) (a), the board shall issue an initial license in medicolegal investigation under sub. (2) (a) to every individual who is serving as a nonaccredited medical examiner or medicolegal investigation staff member in this state on the effective date of this paragraph .... [LRB inserts date]. The board may also, in the manner prescribed by the board, issue an initial license in medicolegal investigation under sub. (2) (a) to an individual who is serving as a coroner in this state on the effective date of this paragraph .... [LRB inserts date], and who elects to receive a license under this paragraph.

AB366,21,6 (b) Notwithstanding sub. (3) (a) and (am), an individual issued an initial license under par. (a) is not required to satisfy the requirement under sub. (3) (a), but shall instead, prior to the January 1, 2019, renewal date, satisfy all of the following in order to renew the license:

AB366,21,7 1. Complete 24 hours of education, as prescribed by the board.

AB366,21,9 2. In addition to the hours of education required under subd. 1., do one of the following:

AB366,21,10 a. Complete 16 hours of education, as prescribed by the board.

AB366,21,12 b. Obtain a waiver from the requirement under subd. 2. a. in the method described under par. (c).

AB366,21,17 (c) The board may grant a waiver of the education requirement under par. (b) 2. a. to a coroner, nonaccredited 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.

AB366,21,19 (d) Notwithstanding sub. (2) (a) 2. and s. 465.05 (2), no initial license fee may be imposed for individuals issued an initial license under par. (a).

AB366,21,22 (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:

AB366,21,24 1. The individual successfully completes 40 hours of training, as prescribed by the board, and any additional requirements set by the board.

AB366,22,2 2. The individual applies to the board for a license in the manner prescribed by the board.

AB366,22,4 3. The individual pays any licensing fee imposed by the board under s. 465.05 (2).

AB366,22,7 (b) License renewal. The renewal date for a license issued under this subsection is specified under s. 440.08 (2) (a). Renewal applications shall include all of the following:

AB366,22,8 1. Any fee established by the board under s. 465.05 (2).

AB366,22,13 2. Proof satisfactory to the board that the individual has completed, 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.

AB366,22,15 3. Proof that the individual has fulfilled any other requirements of licensure as prescribed by the board.

AB366,22,20 (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 nonaccredited 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.

AB366,22,22 465.15 Penalty. Any person who violates s. 465.10 (1) (a) shall be fined not more than $1,000 or imprisoned not more than 90 days.

AB366,39 Section 39. 979.01 (1m) of the statutes is renumbered 979.01 (1m) (a) and amended to read:

AB366,23,4 979.01 (1m) (a) The Except as provided in par. (b), the coroner or medical examiner receiving notification under sub. (1) or (1g) shall immediately, within a reasonable time after receiving notice of the death, notify the district attorney for his or her county of the death.

AB366,40 Section 40. 979.01 (1m) (b) of the statutes is created to read:

AB366,23,8 979.01 (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.

AB366,41 Section 41. 979.01 (1p) of the statutes is created to read:

AB366,23,11 979.01 (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.

AB366,42 Section 42. 979.01 (1r) of the statutes is amended to read:

AB366,23,17 979.01 (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).

AB366,43 Section 43. 979.01 (4) of the statutes is renumbered 979.105 and amended to read:

AB366,24,8 979.105 Authorization to embalm a body. No person may embalm or perform an autopsy on 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 must be reported under s. 948.23 (1) (b) unless the person obtains or 979.01 (1) without the written authorization of the coroner or medical examiner of the county in which the injury or cause of death occurred. Such authorization shall be issued by the An authorization under this section shall include information necessary to identify the deceased, the date and place of death, and the name of the funeral director or person acting in 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 or a medical examiner, or his or her designee, shall issue an authorization under this section within 12 hours after notification of the reportable death, or as soon thereafter as possible in the event of unexplained, unusual or suspicious circumstances.

AB366,44 Section 44. 979.025 (2) of the statutes is amended to read: