69.145 (1k) Applicability.
For purposes of this section, a stillbirth results from 2
a spontaneous or accidental death of an unborn child. This section does not apply 3
to remains resulting from an induced abortion of an unborn child.
69.145 (1r) (d) of the statutes is created to read:
(d) That he or she may request the unborn child's remains for final 6
disposition or for an anatomical gift under s. 157.06.
69.145 (2) (a) of the statutes is amended to read:
(a) If the parent or parents of the stillbirth, after being advised as 9
provided in sub. (1) (1r)
, wish to have a certificate of birth resulting in stillbirth 10
prepared, 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 12
the stillbirth, prepare and file the certificate with the state registrar.
69.145 (3) of the statutes is amended to read:
69.145 (3) Special preparation under certain circumstances. 15
Notwithstanding subs. (1) (1r)
and (2), if a birth that occurred in this state at any 16
time 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 19
registrar a written request for preparation of a certificate of birth resulting in 20
stillbirth and evidence of the facts of the stillbirth that is satisfactory to the state 21
registrar. The state registrar shall prepare and file the certificate of birth resulting 22
in stillbirth within 30 days after receiving satisfactory evidence of the facts of the 23
69.145 (5) of the statutes is created to read:
69.145 (5) Final disposition of a stillbirth.
A facility in which a birth results 2
in a stillbirth shall facilitate the final disposition of the stillbirth in accordance with 3
the wishes of a parent of the stillbirth. If a parent of the stillbirth is not available 4
or if an available parent of the stillbirth does not express wishes regarding final 5
disposition of the stillbirth, the facility shall arrange for final disposition of the 6
stillbirth. Requirements and procedures of s. 69.18 apply to final disposition of a 7
stillbirth under this subsection.
69.145 (6) of the statutes is created to read:
69.145 (6) Penalty.
Any facility at which a birth results in a stillbirth that 10
violates sub. (1r), (2), or (5) is subject to a forfeiture of not less than $5,000 but not 11
more than $10,000.
69.18 (1) (a) (intro.) of the statutes is amended to read:
(a) (intro.) Any one of the following may move a corpse or a stillbirth 14
for the purpose of final disposition:
69.18 (3) (f) of the statutes is amended to read:
(f) Every person in charge of a place in which interment or other 17
disposition of corpses occurs shall maintain a written record of every corpse or
interred there. The record shall include the name of the decedent, the place 19
of death, the date of burial and the name and address of the funeral director or other 20
person in charge of the funeral.
69.18 (4) (a) (intro.) of the statutes is amended to read:
(a) (intro.) Subject to s. 157.111, the coroner or medical examiner of 23
the county in which a decedent's corpse or stillbirth
is interred shall issue an 24
authorization for disinterment and reinterment upon receipt of an order of a court 25
of competent jurisdiction or upon receipt of a written application for disinterment
and reinterment signed by the person in charge of the disinterment and by any of the 2
following persons, in order of priority stated, when persons in prior classes are not 3
available at the time of application, and in the absence of actual notice of contrary 4
indications by the decedent or actual notice of opposition by a member of the same 5
or a prior class:
157.06 (9) (a) (intro.) of the statutes is amended to read:
(a) (intro.) Except as provided in subs. (7) and,
(8), and (9m)
subject to pars. (b) and (c), any member of the following classes of persons, in the 9
order of priority listed, who is reasonably available may, in the manner provided in 10
sub. (10), make an anatomical gift of the body or part of an individual who is near 11
death or has died:
157.06 (9m) of the statutes is created to read:
157.06 (9m) Anatomical gift of a stillbirth.
(a) In this subsection, “stillbirth” 14
has the meaning given in s. 69.01 (24m) but does not include remains resulting from 15
an induced abortion, as defined in s. 69.01 (13m), of an unborn child.
(b) Notwithstanding sub. (9), a parent or the parents of a stillbirth may make 17
an anatomical gift under this section of the stillbirth's body or part if the parent or 18
parents sign a written statement declaring all of the following:
1. The parent or parents make an anatomical gift for transplantation, therapy, 20
research, or education.
2. The parent or parents have been informed of any known medical risks to the 22
mother or risks to her privacy that may be associated with making an anatomical 23
3. The parent or parents have been informed of the final disposition process 25
under sub. (11) (g).
157.06 (14) (h) and (i) of the statutes are created to read:
(h) A person that receives public moneys from the state and that 3
accepts an anatomical gift of fetal tissue shall record whether or not the tissue was 4
the result of a stillbirth, as defined in sub. (9m) (a), and shall record the procurement 5
organization. The department of health services shall audit the records created 6
under this paragraph for compliance with this section.
(i) The department of health services shall study the feasibility of developing 8
a fetal tissue and umbilical cord blood bank for use in research and experimentation. 9
The department of health services shall submit a report of the results of the study 10
to the appropriate standing committees of the legislature with jurisdiction over 11
health issues under s. 13.172 (3).
157.06 (25m) (a), (d) and (e) of the statutes are amended to read:
(a) A hospital, organ procurement organization, tissue bank, 14
coroner, or medical examiner that provides a record of gift to a person who may make 15
an anatomical gift under sub. (4) or,
(9), or (9m)
shall include in the record of gift the 16
following sentences: “I understand that donated bones or tissues, including skin, 17
may have numerous uses, including for reconstructive and cosmetic purposes, and 18
that multiple organizations, including nonprofit and for-profit organizations, may 19
recover, process, or distribute the donations. I further understand that I may, by this 20
record, limit the use of the bones or tissues, including skin, that are donated or types 21
of organizations that recover, process, or distribute the donation."
(d) If a person who may make an anatomical gift under sub. (4)
(9), or (9m) 23
makes an anatomical gift under this subsection, the hospital, organ procurement 24
organization, tissue bank, coroner, or medical examiner that provides to the person
a record of gift under par. (a) shall also provide the person with the telephone number 2
and address of the agency or organization that recovers the anatomical gift.
(e) The requester under par. (a) shall provide the person who may make an 4
anatomical gift under sub. (4) or,
(9), or (9m)
with a copy of any record of gift executed 5
under the requirements of this subsection.