LRB-1755/2
TJD:emw/kjf/amn
2017 - 2018 LEGISLATURE
October 2, 2017 - Introduced by Senators Moulton, Vukmir, Testin, Stroebel,
Craig, Nass, LeMahieu, Kapenga and Marklein, cosponsored by
Representatives Kleefisch, Bernier, Jacque, Allen, Born, Brandtjen,
Edming, Gannon, Horlacher, Hutton, Katsma, Knodl, Kremer, Krug, Kulp,
Macco, Murphy, Neylon, Ott, Quinn, Ripp, Rohrkaste, Sanfelippo, Schraa,
Skowronski, Thiesfeldt, Tittl, Tusler and Wichgers. Referred to
Committee on Judiciary and Public Safety.
SB424,1,7 1An Act to renumber and amend 69.145 (1); to amend 69.145 (2) (a), 69.145
2(3), 69.18 (1) (a) (intro.), 69.18 (3) (f), 69.18 (4) (a) (intro.), 157.06 (9) (a) (intro.)
3and 157.06 (25m) (a), (d) and (e); and to create 69.01 (24m), 69.01 (25t), 69.145
4(1e), 69.145 (1k), 69.145 (1r) (d), 69.145 (5), 69.145 (6), 157.06 (9m) and 157.06
5(14) (h) and (i) of the statutes; relating to: certificate of birth resulting in
6stillbirth, disposition of remains after miscarriage or stillbirth, anatomical
7gifts, and providing a penalty.
Analysis by the Legislative Reference Bureau
Generally, this bill requires a facility to arrange for final disposition of a
stillbirth, requires notification of a parent of the stillbirth of the ability to obtain a
certificate of birth resulting in stillbirth, and makes certain requirements for
informed consent for an anatomical gift of a stillbirth. A stillbirth is defined in the
bill for purposes of vital records and final disposition as the remains of an unborn
child resulting from a miscarriage or human remains of a child not born alive.
Under current law, depending on the circumstances of the miscarriage, a
hospital manager, a hospital's medical records manager, a funeral director, or
another person authorized by a parent of a stillbirth must file a fetal death report
if the death is a miscarriage at 20 weeks or more have elapsed between the mother's
last normal menstrual period and delivery or the stillbirth weighs 350 grams or

more. Current law requires the party responsible for filing the fetal death report to
advise the parent or parents of a stillbirth for which a fetal death report is required
of the option to request preparation of a certificate of birth resulting in stillbirth and
how to obtain a certified copy of that certificate. If a certificate of birth resulting in
stillbirth is requested, the party responsible for filing the fetal death report must
prepare and file the certificate of birth resulting in stillbirth with the state registrar
within 5 days of the delivery. The bill eliminates the minimum age or weight
requirement for requesting a certificate of birth resulting in stillbirth. A hospital,
birthing center, or other health care facility where the stillbirth occurred must
inform the parent or parents of a stillbirth of any age or weight of the option to
request a certificate of birth resulting in stillbirth and must prepare the certificate
of birth resulting in stillbirth within 5 days of the delivery if requested. The
certificate of birth resulting in stillbirth requirements in current law and in the bill
do not apply to induced abortions. The bill does not change any requirements for the
fetal death report.
Under the bill, the hospital, birthing center, or other health care facility in
which a birth resulted in a stillbirth must also inform the parent or parents that he
or she may request the unborn child's remains for final disposition or for an
anatomical gift and must facilitate the final disposition of the stillbirth in accordance
with the wishes of a parent of the stillbirth. If a parent of the stillbirth is not
available or if an available parent of the stillbirth does not express wishes regarding
final disposition of the stillbirth, the hospital, birthing center, or other health care
facility at which the birth results in a stillbirth shall arrange for final disposition of
the stillbirth. Final disposition, in current law and in the bill, means the disposition
of a corpse or stillbirth by burial, interment, entombment, cremation, delivery to a
university or school under certain circumstances, or delivery to a medical or dental
school anatomy department. Under the bill, the notification and final disposition
requirements do not apply to induced abortions. A hospital, birthing center, or other
health care facility that violates the notification and filing of the certificate of birth
resulting in stillbirth or final disposition requirements is subject to a forfeiture of not
less than $5,000 but not more than $10,000.
This bill requires particular informed consent for an anatomical gift of a
stillbirth. A parent or parents of a stillbirth may make an anatomical gift of the
stillbirth's body or part if the parent or parents make certain declarations as
described in the bill. The bill specifies that certain current law requirements relating
to anatomical gifts also apply to anatomical gifts of stillbirths. The bill requires that
anyone that receives public moneys from the state and receives fetal tissue as an
anatomical gift record whether or not the tissue was the result of a stillbirth and the
procurement organization.
The bill requires the Department of Health Services to study the feasibility of
developing a fetal tissue and umbilical cord blood bank for use in research and
experimentation and shall report its results to legislative standing committees with
jurisdiction over health issues.

The bill also incorporates stillbirth into certain current laws regarding final
disposition such as the specification of who may move a corpse or stillbirth for final
disposition.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB424,1 1Section 1. 69.01 (24m) of the statutes is created to read:
SB424,3,42 69.01 (24m) “Stillbirth” means remains of an unborn child resulting from a
3miscarriage or human remains of a child born under circumstances other than a live
4birth.
SB424,2 5Section 2. 69.01 (25t) of the statutes is created to read:
SB424,3,66 69.01 (25t) “Unborn child” has the meaning given in s. 939.75 (1)
SB424,3 7Section 3. 69.145 (1) of the statutes is renumbered 69.145 (1r), and 69.145 (1r)
8(intro.) and (a), as renumbered, are amended to read:
SB424,3,139 69.145 (1r) Information about preparation. (intro.) If a birth that occurs in
10this state on or after August 1, 2004, results in a stillbirth for which a fetal death
11report is required under s. 69.18 (1) (e) 1., the party responsible for filing the fetal
12death report under s. 69.18 (1) (e) 1.
, the facility where the miscarriage or stillbirth
13occurred
shall advise the parent or parents of the stillbirth of all of the following:
SB424,3,1514 (a) That they he or she may request preparation of a certificate of birth
15resulting in stillbirth.
SB424,4 16Section 4. 69.145 (1e) of the statutes is created to read:
SB424,3,1817 69.145 (1e) Definition. In this section, “facility” means a hospital, birthing
18center, or other health care facility.
SB424,5 19Section 5. 69.145 (1k) of the statutes is created to read:
SB424,4,3
169.145 (1k) Applicability. For purposes of this section, a stillbirth results from
2a spontaneous or accidental death of an unborn child. This section does not apply
3to remains resulting from an induced abortion of an unborn child.
SB424,6 4Section 6. 69.145 (1r) (d) of the statutes is created to read:
SB424,4,65 69.145 (1r) (d) That he or she may request the unborn child's remains for final
6disposition or for an anatomical gift under s. 157.06.
SB424,7 7Section 7. 69.145 (2) (a) of the statutes is amended to read:
SB424,4,128 69.145 (2) (a) If the parent or parents of the stillbirth, after being advised as
9provided in sub. (1) (1r), wish to have a certificate of birth resulting in stillbirth
10prepared, the party responsible for filing the fetal death report under s. 69.18 (1) (e)
111.
facility that advised a parent under sub. (1r) shall, within 5 days after delivery of
12the stillbirth, prepare and file the certificate with the state registrar.
SB424,8 13Section 8. 69.145 (3) of the statutes is amended to read:
SB424,4,2314 69.145 (3) Special preparation under certain circumstances.
15Notwithstanding subs. (1) (1r) and (2), if a birth that occurred in this state at any
16time resulted in a stillbirth for which a fetal death report was required under s. 69.18
17(1) (e) 1.
but a certificate of birth resulting in stillbirth was not prepared under sub.
18(2), a parent of the stillbirth may, on or after August 1, 2004, submit to the state
19registrar a written request for preparation of a certificate of birth resulting in
20stillbirth and evidence of the facts of the stillbirth that is satisfactory to the state
21registrar. The state registrar shall prepare and file the certificate of birth resulting
22in stillbirth within 30 days after receiving satisfactory evidence of the facts of the
23stillbirth.
SB424,9 24Section 9. 69.145 (5) of the statutes is created to read:
SB424,5,7
169.145 (5) Final disposition of a stillbirth. A facility in which a birth results
2in a stillbirth shall facilitate the final disposition of the stillbirth in accordance with
3the wishes of a parent of the stillbirth. If a parent of the stillbirth is not available
4or if an available parent of the stillbirth does not express wishes regarding final
5disposition of the stillbirth, the facility shall arrange for final disposition of the
6stillbirth. Requirements and procedures of s. 69.18 apply to final disposition of a
7stillbirth under this subsection.
SB424,10 8Section 10. 69.145 (6) of the statutes is created to read:
SB424,5,119 69.145 (6) Penalty. Any facility at which a birth results in a stillbirth that
10violates sub. (1r), (2), or (5) is subject to a forfeiture of not less than $5,000 but not
11more than $10,000.
SB424,11 12Section 11. 69.18 (1) (a) (intro.) of the statutes is amended to read:
SB424,5,1413 69.18 (1) (a) (intro.) Any one of the following may move a corpse or a stillbirth
14for the purpose of final disposition:
SB424,12 15Section 12. 69.18 (3) (f) of the statutes is amended to read:
SB424,5,2016 69.18 (3) (f) Every person in charge of a place in which interment or other
17disposition of corpses occurs shall maintain a written record of every corpse or
18stillbirth
interred there. The record shall include the name of the decedent, the place
19of death, the date of burial and the name and address of the funeral director or other
20person in charge of the funeral.
SB424,13 21Section 13. 69.18 (4) (a) (intro.) of the statutes is amended to read:
SB424,6,522 69.18 (4) (a) (intro.) Subject to s. 157.111, the coroner or medical examiner of
23the county in which a decedent's corpse or stillbirth is interred shall issue an
24authorization for disinterment and reinterment upon receipt of an order of a court
25of competent jurisdiction or upon receipt of a written application for disinterment

1and reinterment signed by the person in charge of the disinterment and by any of the
2following persons, in order of priority stated, when persons in prior classes are not
3available at the time of application, and in the absence of actual notice of contrary
4indications by the decedent or actual notice of opposition by a member of the same
5or a prior class:
SB424,14 6Section 14. 157.06 (9) (a) (intro.) of the statutes is amended to read:
SB424,6,117 157.06 (9) (a) (intro.) Except as provided in subs. (7) and, (8), and (9m) and
8subject to pars. (b) and (c), any member of the following classes of persons, in the
9order of priority listed, who is reasonably available may, in the manner provided in
10sub. (10), make an anatomical gift of the body or part of an individual who is near
11death or has died:
SB424,15 12Section 15. 157.06 (9m) of the statutes is created to read:
SB424,6,1513 157.06 (9m) Anatomical gift of a stillbirth. (a) In this subsection, “stillbirth”
14has the meaning given in s. 69.01 (24m) but does not include remains resulting from
15an induced abortion, as defined in s. 69.01 (13m), of an unborn child.
SB424,6,1816 (b) Notwithstanding sub. (9), a parent or the parents of a stillbirth may make
17an anatomical gift under this section of the stillbirth's body or part if the parent or
18parents sign a written statement declaring all of the following:
SB424,6,2019 1. The parent or parents make an anatomical gift for transplantation, therapy,
20research, or education.
SB424,6,2321 2. The parent or parents have been informed of any known medical risks to the
22mother or risks to her privacy that may be associated with making an anatomical
23gift.
SB424,6,2524 3. The parent or parents have been informed of the final disposition process
25under sub. (11) (g).
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