AB179: Bill Text

LRB-0440/1

DAK:kmg&jlg:kat

1997 - 1998 LEGISLATURE

1997 Assembly BILL 179

March 13, 1997 - Introduced by Representatives Kreuser, F. Lasee, Baumgart, Duff, Gard, Goetsch, Gronemus, Gunderson, Hahn, Hasenohrl, Huber, La Fave, Murat, Olsen, Ott, Riley, Ryba, Seratti and Urban, cosponsored by Senators Wirch, Breske, Cowles, Grobschmidt, Rosenzweig, Rude and Zien. Referred to Committee on Health.

AB179,1,4 An Act to renumber and amend 157.06 (4) (a) 4.; to amend 157.06 (2) (d) and 157.06 (8) (c); and to create 157.06 (1) (j) and (k) and 157.06 (4) (a) 4. b. of the statutes; relating to: authorizing technicians to remove donated human bone or certain tissue.

Analysis by the Legislative Reference Bureau

Under current law, a person may make an anatomical gift that authorizes, at death, the donation of all or a part of the person's body for use by another. In addition, a coroner or medical examiner may, under certain circumstances, permit the removal of a body part from a person who has died. In both of these circumstances, the removal of the body part must be made by a licensed physician, except that an eye also may be removed by an enucleator who has completed certain training and is certified by a medical college that is approved by the medical examining board.

This bill permits a technician to remove human tissue, as defined in the bill, or human bone that has been donated by anatomical gift or authorized for removal by a coroner or medical examiner. The technician must have been appropriately trained to remove or process the tissue or bone and may act only under the direction or supervision of a physician. The bill does not change requirements for removal of an eye by a physician or a trained, certified enucleator.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

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

AB179, s. 1 Section 1. 157.06 (1) (j) and (k) of the statutes are created to read:

AB179,2,4 157.06 (1) (j) "Technician" means an individual who is appropriately trained to remove or process tissue or bone while under the direction or supervision of a physician.

AB179,2,5 (k) "Tissue" includes all of the following:

AB179,2,6 1. Skin.

AB179,2,7 2. Connective tissue, including tendons and ligaments.

AB179,2,9 3. Cardiovascular tissue, including valves, blood vessels and pericardium, that is not suitable for use for cardiovascular organ transplantation.

AB179, s. 2 Section 2. 157.06 (2) (d) of the statutes is amended to read:

AB179,2,15 157.06 (2) (d) A document of gift may designate a particular physician to carry out the appropriate procedures. In the absence of a designation or if the designee is not available, the donee or other person authorized to accept the anatomical gift may employ or authorize any physician, technician or enucleator to carry out the appropriate procedures.

AB179, s. 3 Section 3. 157.06 (4) (a) 4. of the statutes is renumbered 157.06 (4) (a) 4. (intro.) and amended to read:

AB179,2,19 157.06 (4) (a) 4. (intro.) The removal will be by a physician, except that in for the following:

AB179,2,20 a. In the case of eyes, the removal may be by a physician or by an enucleator.

AB179, s. 4 Section 4. 157.06 (4) (a) 4. b. of the statutes is created to read:

AB179,3,2 157.06 (4) (a) 4. b. In the case of tissue or bone, the removal may be by a physician or by a technician.

AB179, s. 5 Section 5. 157.06 (8) (c) of the statutes is amended to read:

AB179,3,12 157.06 (8) (c) If there has been an anatomical gift, a physician may remove any donated parts of the body, a technician may remove any donated tissue or bone and an enucleator may remove any donated eyes or parts of eyes, after determination of death by a physician. Any individual acting under the direction of a physician and any funeral director licensed under ch. 445 may perform the functions of an enucleator under this section if he or she has completed a course in eye enucleation and holds a valid certification of competence from a medical college approved by the medical examining board under s. 448.05 (2). A certificate of competence shall be valid for 3 years.

AB179,3,13 (End)