Amendment ASA1-AB289

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1997 - 1998 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 1997 ASSEMBLY BILL 289

December 9, 1997 - Offered by Committee on Judiciary.

AB289-ASA1,1,4 An Act to amend 767.24 (7m) (a) (intro.) and 767.51 (3r) (a) (intro.); to repeal and recreate 767.24 (7m) (b) and 767.51 (3r) (b); and to create 767.24 (7m) (am) and 767.51 (3r) (am) of the statutes; relating to: providing medical and medical history information in custody matters.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB289-ASA1, s. 1 Section 1. 767.24 (7m) (a) (intro.) of the statutes is amended to read:

AB289-ASA1,2,4 767.24 (7m) (a) (intro.) In making an order of legal custody, the court shall require order a parent who is not granted legal custody of a child to provide to the court medical and medical history information that is known to the parent. If the court orders joint legal custody, the court shall require each parent to provide to the court medical and medical history information that is known to the parent. The court shall keep the information confidential and may release it only as provided in this subsection send the information to the physician or other health care provider with primary responsibility for the treatment and care of the child, as designated by the parent who is granted legal custody of the child, and advise the physician or other health care provider of the identity of the child to whom the information relates. The information provided shall include all of the following:

AB289-ASA1, s. 2 Section 2. 767.24 (7m) (am) of the statutes is created to read:

AB289-ASA1,2,17 767.24 (7m) (am) The physician or other health care provider designated under par. (a) shall keep the information separate from other records kept by the physician or other health care provider. The information shall be assigned an identification number and maintained under the name of the parent who provided the information to the court. The patient health care records of the child that are kept by the physician or other health care provider shall include a reference to that name and identification number. If the child's patient health care records are transferred to another physician or other health care provider or another health care facility, the records containing the information provided under par. (a) shall be transferred along with the child's patient health care records. Notwithstanding s. 146.819, the information provided under par. (a) need not be maintained by a physician or other health care provider after the child reaches age 18.

AB289-ASA1, s. 3 Section 3. 767.24 (7m) (b) of the statutes is repealed and recreated to read:

AB289-ASA1,2,20 767.24 (7m) (b) Notwithstanding ss. 146.81 to 146.835, the information shall be kept confidential, except only as follows:

AB289-ASA1,2,25 1. The physician or other health care provider with custody of the information, or any other record custodian at the request of the physician or other health care provider, shall have access to the information if, in the professional judgment of the physician or other health care provider, the information may be relevant to the child's medical condition.

AB289-ASA1,3,3 2. The physician or other health care provider may release only that portion of the information, and only to a person, that the physician or other health care provider determines is relevant to the child's medical condition.

AB289-ASA1, s. 4 Section 4. 767.51 (3r) (a) (intro.) of the statutes is amended to read:

AB289-ASA1,3,15 767.51 (3r) (a) (intro.) In making an order of legal custody under sub. (3), the court shall require order a parent who is not granted legal custody to provide to the court medical and medical history information that is known to the parent. If the court orders joint legal custody, the court shall require each parent to provide to the court medical and medical history information that is known to the parent. The court shall keep the information confidential and may release it only as provided in this subsection send the information to the physician or other health care provider with primary responsibility for the treatment and care of the child, as designated by the parent who is granted legal custody of the child, and advise the physician or other health care provider of the identity of the child to whom the information relates. The information provided shall include all of the following:

AB289-ASA1, s. 5 Section 5. 767.51 (3r) (am) of the statutes is created to read:

AB289-ASA1,4,3 767.51 (3r) (am) The physician or other health care provider designated under par. (a) shall keep the information separate from other records kept by the physician or other health care provider. The information shall be assigned an identification number and maintained under the name of the parent who provided the information to the court. The patient health care records of the child that are kept by the physician or other health care provider shall include a reference to that name and identification number. If the child's patient health care records are transferred to another physician or other health care provider or another health care facility, the records containing the information provided under par. (a) shall be transferred with the child's patient health care records. Notwithstanding s. 146.819, the information provided under par. (a) need not be maintained by a physician or other health care provider after the child reaches age 18.

AB289-ASA1, s. 6 Section 6. 767.51 (3r) (b) of the statutes is repealed and recreated to read:

AB289-ASA1,4,6 767.51 (3r) (b) Notwithstanding ss. 146.81 to 146.835, the information shall be kept confidential, except only as follows:

AB289-ASA1,4,11 1. The physician or other health care provider with custody of the information, or any other record custodian at the request of the physician or other health care provider, shall have access to the information if, in the professional judgment of the physician or other health care provider, the information may be relevant to the child's medical condition.

AB289-ASA1,4,14 2. The physician or other health care provider may release only that portion of the information, and only to a person, that the physician or other health care provider determines is relevant to the child's medical condition.

AB289-ASA1,4,15 (End)