2009 Wisconsin Act 209

209,77 Section 77. 252.15 (3m) (e) of the statutes is created to read:

252.15 (3m) (e) The health care professional who performs an HIV test under sub. (5g) or (5j) on behalf of a person who has contact with body fluids of the test subject that constitutes as significant exposure shall disclose the HIV test results to the person and the person's physician, physician assistant, or nurse.

209,78 Section 78. 252.15 (3m) (f) 1. of the statutes is created to read:

252.15 (3m) (f) 1. The subject of the test.

209,79 Section 79. 252.15 (3m) (g) of the statutes is created to read:

252.15 (3m) (g) A person who was certified to have had contact with body fluid of an individual that constitutes a significant exposure and has the individual's blood subjected to an HIV test under sub. (5g) or (5j) may not disclose the identity of the test subject to any other person except for the purpose of having the HIV test performed.

209,80 Section 80. 252.15 (4) (intro.) of the statutes is amended to read:

252.15 (4) Record maintenance. (intro.) A health care provider, blood bank, blood center, or plasma center that obtains from a person a specimen of body fluids or tissues from a person for the purpose of testing for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to an HIV test, or offers to subject a person to an HIV test, shall maintain in the person's health care record all of the following:

209,81 Section 81. 252.15 (4) (a) of the statutes is repealed.

209,82 Section 82. 252.15 (4) (b) of the statutes is repealed and recreated to read:

252.15 (4) (b) A record of whether the person or his or her authorized representative consented to or declined the HIV test under sub. (2m) (a).

209,83 Section 83. 252.15 (4) (bm) of the statutes is created to read:

252.15 (4) (bm) A record of any authorization for disclosure of HIV test results that the person or his or her authorized representative has made as provided under sub. (3m) (b).

209,84 Section 84. 252.15 (4) (c) of the statutes is amended to read:

252.15 (4) (c) Maintain a A record of the test results obtained. A record that is made under the circumstances described in sub. (2) (a) 7m. may not reveal the identity of the test subject of an HIV test administered to the person, except that results of an HIV test administered under sub. (5g) or (5j) or s. 938.296 (4) or (5) or 968.38 (4) or (5) that include the identity of the test subject may not be maintained without the consent of the test subject.

209,85 Section 85. 252.15 (5) (title) of the statutes is renumbered 252.15 (3m) (title) and amended to read:

252.15 (3m) (title) Confidentiality and disclosure of HIV test results.

209,86 Section 86. 252.15 (5) (a) (intro.) of the statutes is renumbered 252.15 (3m) (a) and amended to read:

252.15 (3m) (a) An individual who is the The subject of a an HIV test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV or the individual's health care agent, if the individual has executed a power of attorney for health care instrument under ch. 155 and has been found to be incapacitated under s. 155.05 (2), subject's authorized representative may disclose the results of the individual's subject's test to anyone. A

(b) Except as provided under par. (d) or (e), a person who is neither the individual subject of the HIV test nor the individual's health care agent subject's authorized representative may not, unless he or she is specifically authorized by the individual to do so, disclose the individual's subject's HIV test results except to the following persons or under unless the subject of the HIV test or his or her authorized representative has signed authorization for the disclosure that contains all of the following circumstances:

209,87 Section 87. 252.15 (5) (a) 1. of the statutes is renumbered 252.15 (3m) (d) 1. and amended to read:

252.15 (3m) (d) 1. To the subject of the HIV test and, if the test subject has executed a power of attorney for health care instrument under ch. 155 and has been found to be incapacitated under s. 155.05 (2), the health care agent subject's authorized representative.

209,88 Section 88. 252.15 (5) (a) 2. of the statutes is renumbered 252.15 (3m) (d) 2. and amended to read:

252.15 (3m) (d) 2. To a health care provider who provides care to the test subject of the HIV test, including those instances in which a health care provider provides emergency care to the subject.

209,89 Section 89. 252.15 (5) (a) 3. of the statutes is renumbered 252.15 (3m) (d) 3.

209,90 Section 90. 252.15 (5) (a) 4. of the statutes is renumbered 252.15 (3m) (d) 4., and 252.15 (3m) (d) 4. (intro.), a. and b., as renumbered, are amended to read:

252.15 (3m) (d) 4. (intro.) To a blood bank, blood center, or plasma center that subjects a person to a subjected the test subject to an HIV test under sub. (2) (a), for any of the following purposes:

a. Determining the medical acceptability of blood or plasma secured from the test subject of the HIV test.

b. Notifying the test subject of the HIV test of the test results.

209,91 Section 91. 252.15 (5) (a) 5. of the statutes is renumbered 252.15 (3m) (d) 5.

209,92 Section 92. 252.15 (5) (a) 6. of the statutes is renumbered 252.15 (3m) (d) 6. and amended to read:

252.15 (3m) (d) 6. To the state epidemiologist or his or her designee, or to a local health officer or his or her designees, for the purpose of providing epidemiologic surveillance or investigation or control of communicable disease.

209,93 Section 93. 252.15 (5) (a) 7. of the statutes is renumbered 252.15 (3m) (d) 7. and amended to read:

252.15 (3m) (d) 7. To a funeral director, as defined under s. 445.01 (5) (a) 1. or 2. or (c) or to other persons who prepare the body of a decedent the subject of the HIV test for burial or other disposition or to a person who performs an autopsy, or assists in performing an autopsy, on the subject of the HIV test.

209,94 Section 94. 252.15 (5) (a) 8. and 9. of the statutes are renumbered 252.15 (3m) (d) 8. and 9.

209,95 Section 95. 252.15 (5) (a) 10. of the statutes is renumbered 252.15 (3m) (d) 10., and 252.15 (3m) (d) 10. (intro.), a. and c., as renumbered, are amended to read:

252.15 (3m) (d) 10. (intro.) To Except as provided under par. (g), to a person who conducts research, for the purpose of research, if the researcher:

a. Is affiliated with a health care provider under subd. 3 2.

c. Provides written assurance to the person disclosing the HIV test results that use of the information requested is only for the purpose under which it is provided to the researcher, the information will not be released to a person not connected with the study, and the final research product will not reveal information that may identify the test subject unless the researcher has first received informed consent for disclosure from the test subject.

209,96 Section 96. 252.15 (5) (a) 11. of the statutes is repealed.

209,97 Section 97. 252.15 (5) (a) 12. of the statutes is renumbered 252.15 (3m) (d) 11. and amended to read:

252.15 (3m) (d) 11. To a coroner, medical examiner , or an appointed assistant to a coroner or medical examiner, if one or more of the following conditions exist applies:

a. The coroner, medical examiner, or an appointed assistant is investigating the cause of death of the subject of the HIV test and possible HIV-infected status is relevant to the cause of death of a person whose death is under direct investigation by the coroner, medical examiner or appointed assistant.

b. The coroner, medical examiner, or appointed assistant is significantly exposed to a person whose death is under direct investigation by the coroner, medical examiner, or appointed assistant investigating the cause of death of the subject of the HIV test and has contact with the body fluid of the subject of the HIV test that constitutes a significant exposure, if 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 coroner, medical examiner, or appointed assistant has been significantly exposed had a contact that constitutes a significant exposure and if the certification accompanies the request for disclosure.

209,98 Section 98. 252.15 (5) (a) 13. of the statutes is renumbered 252.15 (3m) (d) 12. and amended to read:

252.15 (3m) (d) 12. To a sheriff, jailer , or keeper of a prison, jail, or house of correction or a person designated with custodial authority by the sheriff, jailer, or keeper, for whom disclosure is necessitated in order to permit the assigning of a private cell to a prisoner who has a positive HIV test result.

209,99 Section 99. 252.15 (5) (a) 14. of the statutes is renumbered 252.15 (3m) (d) 13. and amended to read:

252.15 (3m) (d) 13. If the test results of a test administered to an individual are subject of the HIV test has a positive HIV test result and the individual is deceased, by the individual's subject's attending physician, physician assistant, or advanced practice nurse prescriber, to persons, if known to the physician, physician assistant, or advanced practice nurse prescriber, with whom the individual has subject had sexual contact or has shared intravenous drug use paraphernalia.

209,100 Section 100. 252.15 (5) (a) 15. of the statutes is repealed.

209,101 Section 101. 252.15 (5) (a) 17. of the statutes is renumbered 252.15 (3m) (d) 14. and amended to read:

252.15 (3m) (d) 14. To an alleged victim or victim, to a health care professional, upon request a person under s. 938.296 (4) (a) to (e) as specified in s. 938.296 (4) (e) or; to a person under s. 938.296 (5) (a) to (e) as specified in s. 938.296 (5) (e) or; to a person under s. 968.38 (4) (a) to (c) or (5) (c), who provides care to the alleged victim or victim and, if the alleged victim or victim is a minor, to the parent or guardian of the alleged victim or victim, as specified in s. 968.38 (4); or to a person under s. 938.296 (4) or 968.38 (5) or (a) to (c) as specified in s. 968.38 (4) or (5).

209,102 Section 102. 252.15 (5) (a) 18. of the statutes is repealed.

209,103 Section 103. 252.15 (5) (a) 19. of the statutes is renumbered 252.15 (3m) (d) 15. and amended to read:

252.15 (3m) (d) 15. If the subject of the HIV test was administered to is a child who has been placed in a foster home, treatment foster home, group home, residential care center for children and youth, or juvenile correctional facility, as defined in s. 938.02 (10p), including a placement under s. 48.205, 48.21, 938.205, or 938.21, or for whom placement in a foster home, treatment foster home, group home, residential care center for children and youth, or juvenile correctional facility is recommended under s. 48.33 (4), 48.425 (1) (g), 48.837 (4) (c), or 938.33 (3) or (4), to an agency directed by a court to prepare a court report under s. 48.33 (1), 48.424 (4) (b), 48.425 (3), 48.831 (2), 48.837 (4) (c), or 938.33 (1), to an agency responsible for preparing a court report under s. 48.365 (2g), 48.425 (1), 48.831 (2), 48.837 (4) (c), or 938.365 (2g), to an agency responsible for preparing a permanency plan under s. 48.355 (2e), 48.38, 48.43 (1) (c) or (5) (c), 48.63 (4) or (5) (c), 48.831 (4) (e), 938.355 (2e), or 938.38 regarding the child, or to an agency that placed the child or arranged for the placement of the child in any of those placements and, by any of those agencies, to any other of those agencies and, by the agency that placed the child or arranged for the placement of the child in any of those placements, to the child's foster parent or treatment foster parent or the operator of the group home, residential care center for children and youth, or juvenile correctional facility in which the child is placed, as provided in s. 48.371 or 938.371.

209,104 Section 104. 252.15 (5) (a) 20. of the statutes is renumbered 252.15 (3m) (d) 16. and amended to read:

252.15 (3m) (d) 16. To a If the subject of the HIV test is a prisoner, to the prisoner's health care provider, the medical staff of a prison or jail in which a prisoner is confined, the receiving institution intake staff at a prison or jail to which a prisoner is being transferred or a person designated by a jailer to maintain prisoner medical records, if the disclosure is made with respect to the prisoner's patient health care records under s. 302.388, to the medical staff of a jail to whom the HIV results are disclosed under s. 302.388 (2) (c) or (d), to the medical staff of a jail to which a prisoner is being transferred, if the results are provided to the medical staff by the department of corrections as part of the prisoner's medical file, to a health care provider to whom the results are disclosed under s. 302.388 (2) (c) or (f) or the department of corrections if the disclosure is made with respect to a prisoner's patient health care records under s. 302.388 (4).

209,105 Section 105. 252.15 (5) (b) of the statutes is renumbered 252.15 (3m) (h) and amended to read:

252.15 (3m) (h) A private pay patient may deny access to prohibit disclosure of his or her HIV test results granted under par. (a) (d) 10. if he or she annually submits to the maintainer of his or her HIV test results under sub. (4) (c) a signed, written request that denial be made disclosure be prohibited.

209,106 Section 106. 252.15 (5g) (intro.) and (a) of the statutes are created to read:

252.15 (5g) Significant exposure. A person who has contact with body fluid of an individual that constitutes a significant exposure may cause the individual to be subjected to HIV testing and receive the results of the HIV test under sub. (3m) (e) if all of the following apply:

(a) The contact occurred under one of the following circumstances:

209,107 Section 107. 252.15 (5g) (a) 6. of the statutes is created to read:

252.15 (5g) (a) 6. While the person rendered emergency care at the scene of an emergency or accident, if the person is immune from civil liability for rendering the care under s. 895.48 or 895.4802 (2).

209,108 Section 108. 252.15 (5g) (g) 3. of the statutes is created to read:

252.15 (5g) (g) 3. That, except as provided in subd. 2., the HIV test may not be disclosed to any person.

209,109 Section 109. 252.15 (5j) (title) of the statutes is created to read:

252.15 (5j) (title) Court order for HIV testing.

209,110 Section 110. 252.15 (5m) (title) of the statutes is amended to read:

252.15 (5m) (title) Autopsies; HIV testing of certain corpses.

209,111 Section 111. 252.15 (5m) (intro.) of the statutes is renumbered 252.15 (5m) (d) (intro.) and amended to read:

252.15 (5m) (d) (intro.) Notwithstanding s. 157.05, a corpse may be subjected to a an HIV test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV and the test results disclosed to the a person who has been significantly exposed under any of contact that constitutes a significant exposure with body fluid of the corpse or an individual who subsequently dies, if all of the following conditions apply:

209,112 Section 112. 252.15 (5m) (a) of the statutes is renumbered 252.15 (5m) (d) 1. a. and amended to read:

252.15 (5m) (d) 1. a. If a While the person, including a person exempted from civil liability under the conditions specified under s. 895.48, or 895.4802, or 895.4803, who (2) renders to the victim of an emergency or accident emergency care during the course of which the emergency caregiver is significantly exposed to the an emergency or accident victim and the emergency or accident victim subsequently dies prior to testing for the presence of performance of an HIV, antigen or nonantigenic products of HIV, or an antibody to HIV; if a physician or advanced practice nurse prescriber, based on information provided to the physician or advanced practice nurse prescriber, determines and certifies in writing that the emergency caregiver has been significantly exposed; and if the certification accompanies the request for testing and disclosure. Testing of a corpse under this paragraph shall be ordered by the coroner, medical examiner, or physician who certifies the victim's cause of death under s. 69.18 (2) (b), (c) or (d) test on the victim.

209,113 Section 113. 252.15 (5m) (b) of the statutes is renumbered 252.15 (5m) (d) 1. b. and amended to read:

252.15 (5m) (d) 1. b. If The person is a funeral director, coroner, medical examiner, or appointed assistant to a coroner or medical examiner who and the contact occurs while the person prepares the corpse of a decedent for burial or other disposition or a while the person who performs an autopsy or assists in performing an autopsy is significantly exposed to on the corpse; if a physician or advanced practice nurse prescriber, based on information provided to the physician or advanced practice nurse prescriber, determines and certifies in writing that the funeral director, coroner, medical examiner, or appointed assistant has been significantly exposed; and if the certification accompanies the request for testing and disclosure. Testing of a corpse under this paragraph shall be ordered by the attending physician or advanced practice nurse prescriber of the funeral director, coroner, medical examiner, or appointed assistant who is so exposed.

209,114 Section 114. 252.15 (5m) (c) of the statutes is renumbered 252.15 (5m) (d) 1. c. and amended to read:

252.15 (5m) (d) 1. c. If The person is a health care provider or an agent or employee of a health care provider is significantly exposed to and the person has contact with body fluid of the corpse, or to of a patient who dies subsequent to the exposure contact and prior to testing for the presence performance of an HIV, antigen or nonantigenic products of HIV, or an antibody to HIV; if a physician or advanced practice nurse prescriber who is not the health care provider, based on information provided to the physician or advanced practice nurse prescriber, determines and certifies in writing that the health care provider, agent or employee has been significantly exposed; and if the certification accompanies the request for testing and disclosure. Testing of a corpse under this paragraph shall be ordered by the physician or advanced practice nurse prescriber who certifies that the significant exposure has occurred test on the patient.

209,115 Section 115. 252.15 (5m) (d) 1. (intro.) of the statutes is created to read:

252.15 (5m) (d) 1. The contact occurs under any of the following circumstances:

209,116 Section 116. 252.15 (5m) (d) 2. and 3. of the statutes are created to read:

252.15 (5m) (d) 2. 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 contact under subd. 1. constitutes a significant exposure. A health care provider who as a contact under par. (d) 1. c. may not make the certification under this subdivision for himself or herself.

3. The certification under subd. 2. accompanies the request for performance of an HIV test and disclosure.

209,117 Section 117. 252.15 (5m) (e) of the statutes is created to read:

252.15 (5m) (e) If the conditions under par. (d) are satisfied, the following person shall order an HIV test of the corpse:

1. If the contact occurs as provided under par. (d) 1. a., the coroner, medical examiner, or physician who certifies the victim's cause of death under s. 69.18 (2) (b), (c), or (d).

2. If the contact occurs as provided under par. (d) 1. b., the attending physician, physician assistant, or advanced practice nurse prescriber of the funeral director, coroner, medical examiner, or appointed assistant.

3. If the contact occurs as provided under (d) 1. c., the physician, physician assistant, or advanced practice nurse prescriber who makes the certification under par. (d) 2.

209,118 Section 118. 252.15 (6) of the statutes is amended to read:

252.15 (6) Expanded disclosure of HIV test results prohibited. No person to whom the results of a an HIV test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV have been disclosed under sub. (5) (a) (3m) (a), (b), (d), or (e) or (5m) may disclose the test results except as authorized under sub. (5) (a) (3m) (a), (b), (d), or (e) or (5m).