252.13 (5) Whole blood, blood plasma, a blood product, or a blood derivative described under sub. (2) that is voluntarily donated solely for the purpose of an autologous transfusion may be distributed to or used by the person who has donated the whole blood, blood plasma, blood product, or blood derivative. No person other than the person who has donated the whole blood, blood plasma, blood product, or blood derivative may receive or use the whole blood, blood plasma, blood product, or blood derivative unless it has been subjected to a
an HIV test under sub. (1m) and performance of the test has yielded a negative, validated HIV test result for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV.
209,30
Section
30. 252.133 (title) of the statutes is created to read:
252.133 (title) HIV testing for anatomical gifts.
209,31
Section
31. 252.14 (2) (intro.) of the statutes is amended to read:
252.14 (2) (intro.) No health care provider, peace officer, fire fighter, correctional officer, state patrol officer, jailer or keeper of a jail or person designated with custodial authority by the jailer or keeper, home health agency, inpatient health care facility, or person who has access to a validated HIV test result may do any of the following with respect to an individual who has acquired immunodeficiency syndrome or has a positive, validated HIV test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV result, solely because the individual has HIV infection or an illness or medical condition that is caused by, arises from, or is related to HIV infection:
209,32
Section
32. 252.14 (2m) of the statutes is created to read:
252.14 (2m) If a person declines to be subjected to an HIV test, a health care provider may not use the fact that the person declined an HIV test as a basis for denying services or treatment, other than an HIV test, to the person.
209,33
Section
33. 252.14 (3) of the statutes is amended to read:
252.14 (3) A health care provider, home health agency, or inpatient health care facility that tests an individual for HIV infection shall provide counseling about HIV and referral for appropriate health care and support services as necessary. A health care provider, home health agency, or inpatient health care facility that treats an individual who has an HIV infection or acquired immunodeficiency syndrome shall develop and follow procedures that shall ensure continuity of care for the individual in the event that his or her condition exceeds the scope of licensure or certification of the provider, agency, or facility.
209,34
Section
34. 252.14 (4) of the statutes is amended to read:
252.14 (4) Any person violating sub. (2) is liable to the patient for actual damages and costs, plus exemplary damages of up to $5,000 $10,000 for an intentional violation. In determining the amount of exemplary damages, a court shall consider the ability of a health care provider who is an individual to pay exemplary damages.
209,35
Section
35. 252.15 (title) of the statutes is amended to read:
252.15 (title) Restrictions on use of a an HIV test for HIV.
209,36
Section
36. 252.15 (1) (ab) of the statutes is repealed.
209,37
Section
37. 252.15 (1) (ac) of the statutes is created to read:
252.15 (1) (ac) "Authorized representative" means any of the following:
1. A health care agent, as defined under s. 155.01 (4), acting in accordance with a power of attorney for health care that is in effect under s. 155.05 (2).
2. A person named by the court under ch. 48 or 54 or ch. 880, 2003 stats., having the duty and authority of guardianship.
3. A parent or legal custodian of a person who is under 14 years of age.
4. For a person who is unable to communicate due to a medical condition, the person's closest living relative or another individual with whom the person has a meaningful social and emotional relationship.
209,38
Section
38. 252.15 (1) (am) of the statutes is amended to read:
252.15 (1) (am) "Health care professional" means a physician or physician assistant who is licensed under ch. 448 or a registered nurse or licensed practical nurse who is licensed under ch. 441.
209,39
Section
39. 252.15 (1) (d) of the statutes is repealed.
209,40
Section
40. 252.15 (1) (e) of the statutes is repealed.
209,41
Section
41. 252.15 (1) (em) (intro.) of the statutes is amended to read:
252.15 (1) (em) (intro.) "Significantly exposed" "Significant exposure" means sustained a contact which that carries a potential for a transmission of HIV, by one or more of the following:
209,42
Section
42. 252.15 (1) (fm) of the statutes is amended to read:
252.15 (1) (fm) "Universal Standard precautions" means measures that a health care provider, an employee of a health care provider or other individual takes in accordance with recommendations of the federal centers for disease control for the health care provider, employee or other individual for prevention of HIV transmission in health-care settings.
209,43
Section
43. 252.15 (2) (title) of the statutes is repealed.
209,44
Section
44. 252.15 (2) (a) (intro.) of the statutes is repealed.
209,45
Section
45. 252.15 (2) (a) 1. of the statutes is renumbered 252.133 (1) and amended to read:
252.133 (1) Except as provided in subd. 1g. sub. (2), a health care provider, as defined in s. 252.15 (1) (ar), who procures, processes, distributes, or uses a human body part or human tissue that is the subject of an anatomical gift under s. 157.06 shall, without obtaining consent to the testing, have an HIV test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV performed on the donor of the body part or tissue in order to assure medical acceptability of the gift for the purpose intended. The health care provider shall use as a an HIV test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV a test or series of tests that the state epidemiologist finds medically significant and sufficiently reliable to detect the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV that yields a validated HIV test result. If the validated HIV test result of the donor from the test or series of tests performed is positive, the human body part or human tissue donated for use or proposed for donation may not be used.
209,46
Section
46. 252.15 (2) (a) 1g. of the statutes is renumbered 252.133 (2) and amended to read:
252.133 (2) If a medical emergency, as determined by the attending physician of a potential donee of a human body part or human tissue and including a threat to the preservation of life of the potential donee, a medical emergency exists under which a human body part or human tissue that has been subjected to testing under subd. 1. sub. (1) is unavailable,
including a threat to the preservation of the the life of the potential donee, the requirement of subd. 1. sub. (1) does not apply.
209,47
Section
47. 252.15 (2) (a) 2. of the statutes is renumbered 252.15 (2m) (b) 1. and amended to read:
252.15
(2m) (b) 1.
The HIV testing of any body fluid or tissue that is performed by the department, a laboratory certified under
42 USC 263a, or a health care provider, blood bank, blood center
, or plasma center
may, for the purpose of research
and without first obtaining written consent to the testing, subject any body fluids or tissues to a test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV, if the testing is performed in a manner by which the identity of the test subject is not known and may not be retrieved by the researcher.
209,48
Section
48. 252.15 (2) (a) 3. of the statutes is renumbered 252.15 (2m) (b) 2. and amended to read:
252.15 (2m) (b) 2. The medical director HIV testing of a resident or patient of a center for the developmentally disabled, as defined in s. 51.01 (3), or a mental health institute, as defined in s. 51.01 (12), may, without obtaining consent to the testing, subject a resident or patient of the center or institute to a test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV if he or she if the medical director of the center or institute determines that the conduct of the resident or patient poses a significant risk of transmitting HIV to another resident or patient of the center or institute and if the medical director provides the resident or patient, or the resident's or patient's guardian, an explanation of the HIV test result.
209,49
Section
49. 252.15 (2) (a) 4. of the statutes is repealed.
209,50
Section
50. 252.15 (2) (a) 6. of the statutes is renumbered 252.15 (2m) (b) 3. and amended to read:
252.15 (2m) (b) 3. A HIV testing by a health care professional acting under an order of the court under subd. 7. sub. (5j) or s. 938.296 (4) or (5) or 968.38 (4) or (5) may, without first obtaining consent to the testing, subject an individual to a test or a series of tests to detect the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV. No sample used for laboratory test purposes under this subdivision may disclose the name of the HIV test subject, and, notwithstanding sub. (4) (c), the HIV test results may not be made part of the individual's permanent medical record.
209,51
Section
51. 252.15 (2) (a) 7. a. of the statutes is renumbered 252.15 (5g) (a) 1. and amended to read:
252.15 (5g) (a) 1. If all of the conditions under subd. 7. ai. to c. are met, an The person is an emergency medical technician; first responder; fire fighter; peace officer; correctional officer; person who is employed at a juvenile correctional facility, as defined in s. 938.02 (10p), or a secured residential care center for children and youth, as defined in s. 938.02 (15g); state patrol officer; jailer, keeper of a jail, or person designated with custodial authority by the jailer or keeper, and the contact occurred during the course of the person providing care or services to an the individual;
.
2. The person is a peace officer, correctional officer, state patrol officer, jailer, or keeper of a jail, or person designated with custodial authority by the jailer or keeper, and the contact occurred while the person was searching or arresting an the individual or while controlling or transferring an the individual in custody;.
3. The person is a health care provider or an employee of a health care provider, and the contact occurred during the course of the person providing care or treatment to an the individual or handling or processing specimens of body fluids or tissues of an the individual;.
4. The person is a staff member of a state crime laboratory, and the contact occurred during the course of the person handling or processing specimens of body fluids or tissues of an the individual;.
5. The person is a social worker; or an employee of a school district, cooperative educational service agency, charter school, private school, the Wisconsin Educational Services Program for the Deaf and Hard of Hearing, or the Wisconsin Center for the Blind and Visually Impaired, and the contact occurred while the person was performing employment duties involving an the individual; who is significantly exposed to the individual may subject the individual's blood to a test or a series of tests for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV and may receive disclosure of the results.
209,52
Section
52. 252.15 (2) (a) 7. ai. of the statutes is renumbered 252.15 (5g) (b) and amended to read:
252.15 (5g) (b) The affected person uses universal If the contact occurs as provided under par. (a) 1. to 5., the entity that employs or contracts with the person to provide the services described under par. (a) 1. to 5. requires, as a general policy, that standard precautions, if any, against significant exposure, and was using universal precautions at the time that he or she was significantly exposed be taken during provision of the services, except in those emergency circumstances in which the time necessary for use of the universal standard precautions would endanger the life of the individual.
209,53
Section
53. 252.15 (2) (a) 7. ak. of the statutes is renumbered 252.15 (5g) (c) and amended to read:
252.15 (5g) (c) A physician, physician assistant, or advanced practice nurse prescriber, based on information provided to the physician, physician assistant, or advanced practice nurse prescriber, determines and certifies in writing that the affected person has been significantly exposed had contact that constitutes a significant exposure. The certification shall accompany the request for HIV testing and disclosure. If the affected person who is significantly exposed is a physician, physician assistant, or advanced practice nurse prescriber, he or she may not make this determination or certification. The information that is provided to a physician, physician assistant, or advanced practice nurse prescriber to document the occurrence of the contact that constitutes a significant exposure and the physician's, physician assistant's, or advanced practice nurse prescriber's certification that an affected the person has been significantly exposed, under this subd. 7. ak. had contact that constitutes a significant exposure, shall be provided on a report form that is developed by the department of commerce under s. 101.02 (19) (a) or on a report form that the department of commerce determines, under s. 101.02 (19) (b), is substantially equivalent to the report form that is developed under s. 101.02 (19) (a).
209,54
Section
54. 252.15 (2) (a) 7. am. of the statutes is renumbered 252.15 (5g) (d) and amended to read:
252.15 (5g) (d) The affected person submits to a an HIV test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV, as soon as feasible or within a time period established by the department after consulting guidelines of the centers for disease control of the federal public health service, whichever is earlier.
209,55
Section
55. 252.15 (2) (a) 7. ap. of the statutes is renumbered 252.15 (5g) (e) and amended to read:
252.15 (5g) (e) Except as provided in subd. 7. av. to c. sub. (5j), the HIV test is performed on blood of the individual that is drawn for a purpose other than HIV testing for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV.
209,56
Section
56. 252.15 (2) (a) 7. ar. of the statutes is renumbered 252.15 (5g) (f) and amended to read:
252.15 (5g) (f) The individual, if capable of consenting, has been given an opportunity to be tested with his or her consent subjected to an HIV test in accordance with the conditions under sub. (2m) (a) and has not consented declined.
209,57
Section
57. 252.15 (2) (a) 7. at. of the statutes is renumbered 252.15 (5g) (g) (intro.) and amended to read:
252.15 (5g) (g) (intro.) The individual has been informed that of all of the following:
1. That an HIV test may be performed on his or her blood may be tested for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV; that.
2. That the HIV test results may be disclosed to no one, including that individual, without his or her consent, except to the person who is certified to have been significantly exposed; that, and the person's physician, physician assistant, or nurse.
4. That, if the person knows the identity of the individual, he or she the person may not disclose the identity to any other person except for the purpose of having the HIV test or series of tests performed
; and that.
5. That a record may be kept of the HIV test results only if the record does not reveal the individual's identity.
209,58
Section
58. 252.15 (2) (a) 7. av. of the statutes is renumbered 252.15 (5j) (a) and amended to read:
252.15 (5j) (a) If blood that is specified in subd. 7. ap. is unavailable, the person who is certified under subd. 7. ak. to have been significantly exposed A person who may cause an individual to be subjected to HIV testing under sub. (5g) may request the district attorney to apply to the circuit court for his or her county to order the individual to submit to a an HIV test or a series of tests for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV and to disclose the results to that person if no blood of the individual that was drawn for a purpose other than HIV testing is available for HIV testing. The A person who is certified under subd. 7. ak. to have been significantly exposed making a request to a district attorney under this paragraph shall accompany the request with provide the district attorney the certification under subd. 7. ak sub. (5g) (c).
209,59
Section
59. 252.15 (2) (a) 7. b. of the statutes is renumbered 252.15 (5j) (b) and amended to read:
252.15 (5j) (b) Upon receipt of a request and certification under the requirements of this subdivision
par. (a), a district attorney shall, as soon as possible so as to enable the court to provide timely notice, apply to the circuit court for his or her county to order the individual to submit to a an HIV test or a series of tests as specified in subd. 7. a., administered by a health care professional, and to disclose the results of the test or tests as specified in subd. 7. c.
209,60
Section
60. 252.15 (2) (a) 7. c. of the statutes is renumbered 252.15 (5j) (c) and amended to read:
252.15 (5j) (c) The court shall set a time for a hearing on the matter under subd. 7. a. this subsection within 20 days after receipt of a request under subd. 7. b
par. (b). The court shall give the district attorney and the individual from whom a an HIV test is sought notice of the hearing at least 72 hours prior to the hearing. The individual may have counsel at the hearing, and counsel may examine and cross-examine witnesses. If the court finds probable cause to believe that the person who requested a court order for testing has had contact with body fluid of the individual has significantly exposed the affected person that constitutes a significant exposure, the court shall, except as provided in subd. 7. d. par. (d), order the individual to submit to a an HIV test or a series of tests for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV. The court shall require the health care professional who performs the test or series of tests to refrain from disclosing the test results to the individual and to disclose the test results to the affected person and his or her health care professional. No sample used for laboratory test purposes under this subd. 7. c. paragraph may disclose the name of the HIV test subject.
209,61
Section
61. 252.15 (2) (a) 7. d. of the statutes is renumbered 252.15 (5j) (d) and amended to read:
252.15 (5j) (d) The court is not required to order
the an individual to submit to a an HIV test under subd. 7. c. par. (c) if the court finds substantial reason relating to the life or health of the individual not to do so and states the reason on the record.
209,62
Section
62. 252.15 (2) (a) 7m. of the statutes is renumbered 252.15 (3m) (f) and amended to read:
252.15 (3m) (f) The test results of an HIV test of an individual that is performed under subd. 7. sub. (5g) or (5j) may be disclosed only to the individual, if he or she so consents, to anyone the following:
2. Anyone authorized by the individual and to the affected subject of the test.
3. The person who was certified to have been significantly exposed. A record may be retained of the test results only if the record does not reveal the individual's identity. If the affected person knows the identity of the individual whose blood was tested, he or she may not disclose the identity to any other person except for the purpose of having the test or series of tests performed had contact that constitutes a significant exposure and to that person's physician, physician assistant, or nurse.
209,63
Section
63. 252.15 (2) (am) of the statutes is repealed.
209,64
Section
64. 252.15 (2) (b) of the statutes is repealed.
209,65
Section
65. 252.15 (2) (bm) of the statutes is repealed.
209,66
Section
66. 252.15 (2m) (title) of the statutes is created to read:
252.15 (2m) (title) Consent for HIV testing.
209,67
Section
67. 252.15 (2m) (a) of the statutes is created to read:
252.15 (2m) (a) Except as provided in par. (b), and subject to par. (c), a health care provider, blood bank, blood center, or plasma center may not subject a person to an HIV test unless all of the following conditions are satisfied:
1. The health care provider, blood bank, blood center, or plasma center notifies the person or the person's authorized representative that the person will be subjected to an HIV test unless the person or the person's authorized representative declines the test.
2. The health care provider, blood bank, blood center, or plasma center offers the person or the person's authorized representative a brief oral or written explanation or description of HIV infection; HIV test results; requirements under subs. (7) (b) and (7m) for reporting HIV test results; treatment options for a person who has a positive HIV test result; and services provided by AIDS service organizations, as defined in s. 252.12 (1) (b), and other community-based organizations for persons who have a positive HIV test result.
3. If a health care provider offers to perform an HIV test, the health care provider notifies the person or the person's authorized representative that the person or the person's authorized representative may decline the HIV test and that, if the person or the person's authorized representative declines the HIV test, the health care provider may not use the fact that the person declined an HIV test as a basis for denying services or treatment, other than an HIV test, to the person.
4. The health care provider, blood bank, blood center, or plasma center provides the person or the person's authorized representative an opportunity to ask questions and to decline the HIV test.
5. After complying with applicable conditions under subds. 1. to 4., the health care provider, blood bank, blood center, or plasma center verifies that the person or or the person's authorized representative understands that an HIV test will be performed on the person and that the decision of the person or the person's authorized representative regarding whether to have an HIV test performed is not coerced or involuntary.
209,68
Section
68. 252.15 (2m) (b) (intro.) of the statutes is created to read:
252.15 (2m) (b) Paragraph (a) does not apply to any of the following:
