AB621-ASA1, s. 26 6Section 26. 118.39 of the statutes is created to read:
AB621-ASA1,17,13 7118.39 Policy on privacy in athletic locker rooms. Each school board, and
8the governing body of each private school that fields an athletic team representing
9the school, shall adopt a written policy on who may enter and remain, to interview
10or seek information from any person, in a locker room being used by an athletic team
11representing the private school or representing a public school in the school district.
12The policy shall reflect the privacy interests of members of athletic teams
13representing the school.
AB621-ASA1, s. 27 14Section 27. 146.81 (1) (fm) of the statutes is amended to read:
AB621-ASA1,17,1515 146.81 (1) (fm) A pharmacist or pharmacy licensed under ch. 450.
AB621-ASA1, s. 28 16Section 28. 146.81 (4) of the statutes is amended to read:
AB621-ASA1,17,2417 146.81 (4) "Patient health care records" means all records related to the health
18of a patient prepared by or under the supervision of or owned by a health care
19provider, including the records required under s. 146.82 (2) (d) and (3) (c), but not
20those records subject to s. 51.30, reports collected under s. 69.186, records of tests
21administered under s. 252.15 (2) (a) 7., 343.305, 938.296 (4) or (5) or 968.38 (4) or (5),
22fetal monitor tracings, as defined under s. 146.817 (1), or a pupil's physical health
23records maintained by a school under s. 118.125. ``Patient health care records" also
24includes health summary forms prepared under s. 302.388 (2).
AB621-ASA1, s. 29 25Section 29. 146.82 (2) (bm) of the statutes is created to read:
AB621-ASA1,18,4
1146.82 (2) (bm) Except as otherwise permitted under 45 CFR Parts 160 and
2164, no recipient of a patient health care record under par. (a) may use identifying
3information in the record to market a service or product to a patient or health care
4provider.
AB621-ASA1, s. 30 5Section 30. 146.84 (1) (d) of the statutes is created to read:
AB621-ASA1,18,106 146.84 (1) (d) Any person who obtains a patient health care record from a
7pharmacy or pharmacist under circumstances that constitute a violation of s. 146.82
8or 146.83 in a manner that is knowing and willful shall be liable to any person injured
9as a result of the violation for actual damages to that person, exemplary damages of
10not more than $25,000, costs, and reasonable actual attorney fees.
AB621-ASA1, s. 31 11Section 31. 146.84 (5) of the statutes is created to read:
AB621-ASA1,18,1412 146.84 (5) Enforcement. The department of justice or a district attorney may
13bring an action in the name of the state to enforce sub. (2) or to restrain by temporary
14or permanent injunction a violation of sub. (2).
AB621-ASA1, s. 32 15Section 32. 175.22 of the statutes is created to read:
AB621-ASA1,18,20 16175.22 Policy on privacy for professional athletic teams. Any
17professional athletic team that has its home field or arena in this state shall adopt
18a written policy on who may enter and remain, to interview or seek information from
19any person, in a locker room used by the professional athletic team. The policy shall
20reflect the privacy interests of members of the professional athletic team.
AB621-ASA1, s. 33 21Section 33. 230.08 (4) (b) 5. of the statutes is created to read:
AB621-ASA1,18,2422 230.08 (4) (b) 5. Functions performed by the privacy information officer under
23s. 22.21 (1) and functions performed by the security information officer under s. 22.21
24(2).
AB621-ASA1, s. 34 25Section 34. 230.13 (1) (intro.) of the statutes is amended to read:
AB621-ASA1,19,3
1230.13 (1) (intro.) Except as provided in sub. (3) and s. ss. 19.36 (10) and 103.13,
2the secretary and the administrator may keep records of the following personnel
3matters closed to the public:
AB621-ASA1, s. 35 4Section 35. 230.13 (3) of the statutes is renumbered 230.13 (3) (a).
AB621-ASA1, s. 36 5Section 36. 230.13 (3) (b) of the statutes is created to read:
AB621-ASA1,19,86 230.13 (3) (b) The secretary and the administrator may provide any agency
7with personnel information relating to the hiring and recruitment process, including
8specifically the examination scores and ranks and other evaluations of applicants.
AB621-ASA1, s. 37 9Section 37. 233.13 (intro.) of the statutes is amended to read:
AB621-ASA1,19,12 10233.13 Closed records. (intro.) Except as provided in s. ss. 19.36 (10) and
11103.13, the authority may keep records of the following personnel matters closed to
12the public:
AB621-ASA1, s. 38 13Section 38. 301.029 (2) (a) of the statutes is amended to read:
AB621-ASA1,19,1814 301.029 (2) (a) The department may not enter into any contract or other
15agreement if, in the performance of the contract or agreement, a prisoner would
16perform data entry or telemarketing services and have access to an individual's
17financial transaction card numbers, checking or savings account numbers , date of
18birth,
or social security number.
AB621-ASA1, s. 39 19Section 39. 938.396 (1) of the statutes is amended to read:
AB621-ASA1,20,1320 938.396 (1) Law enforcement officers' records of juveniles shall be kept
21separate from records of adults. Law enforcement officers' records of juveniles shall
22not be open to inspection or their contents disclosed except under sub. (1b), (1d), (1g),
23(1h), (1j), (1k), (1m), (1r), (1t), (1x) or (5) or s. 938.293 or by order of the court. This
24subsection does not apply to representatives of the news media who wish to obtain
25information for the purpose of reporting news without revealing the identity of the

1juvenile involved,; to the confidential exchange of information between the police
2and an agency, as defined in s. 48.38 (1) (a) or 938.78 (1), officials of the school
3attended by the juvenile, or other law enforcement or social welfare agencies; or to
4juveniles 10 years of age or older who are subject to the jurisdiction of the court of
5criminal jurisdiction. A public school official who obtains information under this
6subsection shall keep the information confidential as required under s. 118.125, and
7a private school official who obtains information under this subsection shall keep the
8information confidential in the same manner as is required of a public school official
9under s. 118.125. A law enforcement agency that obtains information under this
10subsection shall keep the information confidential as required under this subsection
11and s. 48.396 (1). A social welfare agency that obtains information under this
12subsection shall keep the information confidential as required under ss. 48.78 and
13938.78.
AB621-ASA1, s. 40 14Section 40. 938.396 (1h) of the statutes is created to read:
AB621-ASA1,20,2215 938.396 (1h) If requested by another law enforcement agency, a law
16enforcement agency may, subject to official agency policy, disclose to the other law
17enforcement agency any information in its records relating to a juvenile as necessary
18for the other law enforcement agency to pursue an investigation of any alleged
19criminal or delinquent activity. A law enforcement agency that obtains information
20under this paragraph shall keep the information confidential as required under sub.
21(1) and s. 48.396 (1) and may disclose the information only for the purpose of
22pursuing that investigation or as permitted under sub. (1) or s. 48.396 (1).
AB621-ASA1, s. 41 23Section 41. 938.396 (1j) of the statutes is created to read:
AB621-ASA1,21,1224 938.396 (1j) If requested by a court assigned to exercise jurisdiction under this
25chapter and ch. 48, a court exercising jurisdiction under s. 48.16, a court exercising

1jurisdiction under s. 938.17 (2), or a person representing the interests of the public
2under s. 48.09 or 938.09, a law enforcement agency may, subject to official agency
3policy, disclose to the requester any information in its records relating to a juvenile
4as necessary for the court to conduct, or for the person representing the interests of
5the public to prepare for, any proceedings in the court. A court that obtains
6information under this paragraph shall keep the information confidential as
7required under sub. (2) (a) and s. 48.396 (2) (a) and may disclose the information only
8for the purpose of conducting those proceedings or as permitted under sub. (2) (a) or
9s. 48.396 (2) (a). A person representing the interests of the public who obtains any
10information under this paragraph shall keep the information confidential and may
11disclose the information only as necessary for the person to perform the person's
12official duties relating to those proceedings.
AB621-ASA1, s. 42 13Section 42. 938.396 (1k) of the statutes is created to read:
AB621-ASA1,21,2214 938.396 (1k) If requested by any person authorized to provide intake or
15dispositional services under s. 48.067, 48.069, 938.067, or 938.069 or any other
16person employed by an agency, as defined in s. 48.38 (1) (a) or 938.78 (1), to provide
17any other professional services, a law enforcement agency may, subject to official
18agency policy, disclose to the person any information in its records relating to a
19juvenile as necessary for the person to provide those services. A person who obtains
20any information under this paragraph shall keep the information confidential and
21may disclose the information only as necessary for the person to provide those
22services.
AB621-ASA1, s. 43 23Section 43. 938.396 (2) (c) of the statutes is amended to read:
AB621-ASA1,22,1124 938.396 (2) (c) Upon request of a law enforcement agency to review court
25records for the purpose of investigating a crime that might constitute criminal gang

1activity, as defined in s. 941.38 (1) (b)
pursuing an investigation of any alleged
2delinquent or criminal activity
, the court shall open for inspection by authorized
3representatives of the law enforcement agency the records of the court relating to any
4juvenile who has been found to have committed a delinquent act at the request of or
5for the benefit of a criminal gang, as defined in s. 939.22 (9), that would have been
6a felony under chs. 939 to 948 or 961 if committed by an adult
the subject of a
7proceeding under this chapter as necessary for the law enforcement agency to pursue
8the investigation. A law enforcement agency that obtains information under this
9paragraph shall keep the information confidential as required under sub. (1) and s.
1048.396 (1) and may disclose the information only for the purpose of pursuing that
11investigation or as permitted under sub. (1) or s. 48.396 (1)
.
AB621-ASA1, s. 44 12Section 44. 938.396 (2) (gm) of the statutes is amended to read:
AB621-ASA1,23,213 938.396 (2) (gm) Upon request of any other court assigned to exercise
14jurisdiction under this chapter and ch. 48, a district attorney or corporation counsel
15any court exercising jurisdiction under s. 48.16, any court exercising jurisdiction
16under s. 938.17 (2), or any person representing the interests of the public under s.
1748.09 or 938.09
to review court records for the purpose of conducting or preparing for
18any proceeding in that other court, the court shall open for inspection by any
19authorized representative of the requester the records of the court relating to any
20juvenile who has been the subject of a proceeding under this chapter. A court that
21obtains information under this paragraph shall keep the information confidential as
22required under par. (a) and s. 48.396 (2) (a) and may disclose the information only
23for the purpose of conducting those proceedings or as permitted under par. (a) or s.
2448.396 (2) (a). A person representing the interests of the public who obtains any
25information under this paragraph shall keep the information confidential and may

1disclose the information only as necessary for the person to perform the person's
2official duties relating to that proceeding.
AB621-ASA1, s. 45 3Section 45. 938.396 (2) (gr) of the statutes is created to read:
AB621-ASA1,23,124 938.396 (2) (gr) Upon request of any person authorized to provide intake or
5dispositional services under s. 48.067, 48.069, 938.067, or 938.069 or any other
6person employed by an agency, as defined in s. 48.38 (1) (a) or 938.78 (1), to provide
7any other professional services to review court records for the purpose of performing
8those services, the court shall open for inspection by the person the records of the
9court relating to a juvenile who has been the subject of a proceeding under this
10chapter. A person who obtains any information under this paragraph shall keep the
11information confidential and may disclose the information only as necessary for the
12person to provide those services.
AB621-ASA1, s. 46 13Section 46. 938.396 (5) (a) (intro.) of the statutes is amended to read:
AB621-ASA1,23,1814 938.396 (5) (a) (intro.) Any person who is denied access to a record under sub.
15(1), (1b), (1d), (1g), (1h), (1j), (1k), (1m), (1r) , or (1t) may petition the court to order
16the disclosure of the records governed by the applicable subsection record. The
17petition shall be in writing and shall describe as specifically as possible all of the
18following:
AB621-ASA1, s. 47 19Section 47. 938.78 (2) (b) 1. of the statutes is amended to read:
AB621-ASA1,24,720 938.78 (2) (b) 1. Paragraph (a) does not apply to the confidential exchange of
21information between an agency and another social welfare agency, a law
22enforcement agency, the victim-witness coordinator, a fire investigator under s.
23165.55 (15), a public school district, or a private school regarding an individual in the
24care or legal custody of the agency. A social welfare An agency that obtains
25information under this paragraph shall keep the information confidential as

1required under this section and s. 48.78. A law enforcement agency that obtains
2information under this paragraph shall keep the information confidential as
3required under ss. 48.396 (1) and 938.396 (1). A public school that obtains
4information under this paragraph shall keep the information confidential as
5required under s. 118.125, and a private school that obtains information under this
6paragraph shall keep the information confidential in the same manner as is required
7of a public school under s. 118.125.
AB621-ASA1, s. 48 8Section 48. 979.028 of the statutes is created to read:
AB621-ASA1,24,15 9979.028 Confidentiality of autopsy pictures. (1) Photographs or other
10pictorial images of a deceased person that are taken during an autopsy are
11confidential and are not subject to the right of inspection or copying under s. 19.35.
12The custodian of such photographs or other pictorial images may not release them
13for public inspection or copying without the consent of the deceased's spouse or, if
14there is no living spouse, the deceased's next of kin unless the custodian is ordered
15to release them by a court of record.
AB621-ASA1,24,21 16(2) Notwithstanding sub. (1), the custodian of photographs or other pictorial
17images of a deceased person that are taken during an autopsy may release the
18photographs or other pictorial images for use in educational activities conducted by
19a coroner or medical examiner or conducted under the auspices of a postsecondary
20educational institution, or to persons conducting health care peer reviews or health
21care quality assurance audits.
AB621-ASA1, s. 49 22Section 49. Initial applicability.
AB621-ASA1,24,2523 (1) Privacy impact statements. The creation of section 13.0991 of the statutes
24first applies with respect to bills introduced in the 2001-03 legislative session and
25jacketed by the legislative reference bureau after the effective date of this subsection.
AB621-ASA1,25,6
1(2) Marketing services or product's from health care record information.
2The creation of section 146.82 (2) (bm) of the statutes first applies to the use by a
3covered entity, as defined in 45 CFR 160.13, of identifying information to market a
4service or product to a patient or health care provider on April 14, 2003, except that
5the creation of section 146.82 (2) (bm) of the statutes first applies to that use by a
6small health plan, as defined in 45 CFR 160.13, on April 14, 2004.
AB621-ASA1, s. 50 7Section 50. Effective dates. This act takes effect on the day after publication,
8except as follows:
AB621-ASA1,25,109 (1) The treatment of sections 36.11 (35) and 36.32 (1) of the statutes takes effect
10on January 1, 2007.
AB621-ASA1,25,1211 (2) The treatment of sections 36.38, 38.12 (12), 39.49, 118.39, and 175.22 of the
12statutes takes effect on the first day of the 6th month beginning after publication.
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