AB570: Bill Text

AB570,38,5 (27m) Penalty. Whoever fails to comply with the requirement to provide sentences under sub. (25m) (a) or (c) may be subject to a forfeiture of not less than $500 nor more than $1,000 for each violation.

AB570,38,9 (28m) Effect of prior document of gift. Notwithstanding the requirements of this section, a document of gift that was made under the requirements of s. 157.06, 1987 stats., or s. 157.06, 2005 stats., is deemed to comply with the requirements of this section.

AB570, s. 7 Section 7. 230.35 (2d) (a) 2. of the statutes is amended to read:

AB570,38,14 230.35 (2d) (a) 2. "Human organ" has the meaning given for "vascularized organ" in s. 157.06 (1) (L) means a heart, lung, liver, pancreas, kidney, intestine, or other organ that requires the continuous circulation of blood to remain useful for purposes of transplantation.

AB570, s. 8 Section 8. 252.15 (2) (a) 1. and (am) 1. and 2. and (5) (a) 5. of the statutes are amended to read:

AB570,39,3 252.15 (2) (a) 1. Except as provided in subd. 1g., a health care provider who procures, processes, distributes or uses a human body part or human tissue donated as specified under s. 157.06 (6) (a) or (b) that is the subject of an anatomical gift under 157.06 shall, without obtaining consent to the testing, test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV in order to assure medical acceptability of the gift for the purpose intended. The health care provider shall use as a 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. If the validated 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.

AB570,39,20 (am) 1. A health care provider who procures, processes, distributes or uses human sperm donated as specified under s. 157.06 (6) (a) or (b) that is the subject of an anatomical gift under 157.06 shall, prior to the distribution or use and with informed consent under the requirements of par. (b), test the proposed donor for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV in order to assure medical acceptability of the gift for the purpose intended. The health care provider shall use as a 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 under s. 252.13 (1r) to detect the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV. The health care provider shall test the donor initially and, if the initial test result is negative, shall perform a 2nd test on a date that is not less than 180 days from the date of the procurement of the sperm. No person may use the donated sperm until the health care provider has obtained the results of the 2nd test. If any validated test result of the donor for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV is positive, the sperm donated for use may not be used and, if donated, shall be destroyed.

AB570,40,2 2. A health care provider who procures, processes, distributes or uses human ova donated as specified under s. 157.06 (6) (a) or (b) that are the subject of an anatomical gift under s. 157.06 shall, prior to the distribution or use and with informed consent under the requirements of par. (b), test the proposed donor for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV in order to assure medical acceptability of the gift for the purpose intended.

AB570,40,6 (5) (a) 5. To a health care provider who procures, processes, distributes or uses a human body part donated as specified under s. 157.06 (6) (a) or (b) that is the subject of an anatomical gift under s. 157.06, for the purpose of assuring medical acceptability of the gift for the purpose intended.

AB570, s. 9 Section 9. 343.17 (3) (b) of the statutes is amended to read:

AB570,40,14 343.17 (3) (b) The reverse side of the license shall contain an explanation of any restriction codes or endorsement abbreviations used on the front of the license, in sufficient detail to identify the nature of the restrictions or endorsements to a law enforcement officer of this state or another jurisdiction. Except for a commercial driver license, a part of the reverse side of each license shall be printed to serve as a document record of gift under s. 157.06 (2) (b) and (c) (t) or a document record of refusal to make an anatomical gift under s. 157.06 (2) (i) (u).

AB570, s. 10 Section 10. 343.175 (1) of the statutes is amended to read:

AB570,40,23 343.175 (1) Department to solicit and record information. As part of every application for an original, duplicate, reinstated, reissued or renewal license or endorsement, the department shall inquire whether the applicant desires to be an organ donor. The department shall record the organ donor response in its file of the person. If a procurement organization, as defined in s. 157.06 (2) (p), reasonably identifies a person and requests the information recorded in the person's file under this subsection, the department shall promptly provide this information to the procurement organization.

AB570, s. 11 Section 11. 343.175 (1r) of the statutes is amended to read:

AB570,41,11 343.175 (1r) Department to provide information. In addition to the inquiry under sub. (1), if the applicant is at least 18 15 and one-half years of age, the department shall orally state to the applicant that he or she has the opportunity to indicate his or her willingness to be an organ donor. If the applicant indicates that he or she is undecided in response to the inquiry under sub. (1), the department shall provide the applicant with written information that all organ procurement organizations and the department have together developed. If the applicant makes an affirmative response to the inquiry under sub. (1), the department shall request at that time that the applicant write on the license the information that is specified under sub. (2) (ar) and affix a sticker, as described in sub. (3) (a), to the front side of the license document.

AB570, s. 12 Section 12. 343.175 (2) (title) of the statutes is amended to read:

AB570,41,13 343.175 (2) (title) Document Record of gift or refusal.

AB570, s. 13 Section 13. 343.175 (2) (a) of the statutes is amended to read:

AB570,41,18 343.175 (2) (a) Except as provided in par. (ag), a part of the reverse side of each license shall be printed to serve as a document record of gift under s. 157.06 (2) (b) and (c) (t) or a document record of refusal to make an anatomical gift under s. 157.06 (2) (i) (u).

AB570, s. 14 Section 14. 343.175 (2) (ag) of the statutes is amended to read:

AB570,41,25 343.175 (2) (ag) The department shall print a separate document to be issued to all persons issued a commercial driver license and make provisions so that the document may be attached to the reverse side of the license document along one edge. This document shall serve as a document record of gift under s. 157.06 (2) (b) and (c) (t) or a document record of refusal to make an anatomical gift under s. 157.06 (2) (i) (u).

AB570, s. 15 Section 15. 343.175 (3) (a) of the statutes is renumbered 343.175 (3).

AB570, s. 16 Section 16. 343.175 (3) (b) of the statutes is repealed.

AB570, s. 17 Section 17. 343.50 (3) of the statutes is amended to read:

AB570,42,12 343.50 (3) Design and contents of card. The card shall be the same size as an operator's license but shall be of a design which is readily distinguishable from the design of an operator's license and bear upon it the words "IDENTIFICATION CARD ONLY". The information on the card shall be the same as specified under s. 343.17 (3). The card may serve as a document record of gift under s. 157.06 (2) (b) and (c) (t) and the holder may affix a sticker thereto as provided in s. 343.175 (3). The card may also serve as a document record of refusal to make an anatomical gift under s. 157.06 (2) (i) (u). The card shall contain the holder's photograph and, if applicable, shall be of the design specified under s. 343.17 (3) (a) 12.

AB570, s. 18 Section 18. 343.50 (4m) (a) of the statutes is amended to read:

AB570,42,20 343.50 (4m) (a) As part of every application for an identification card, the department shall inquire whether the applicant desires to be an organ donor. The department shall record the organ donor response in its file of the person. If a procurement organization, as defined in s. 157.06 (2) (p), reasonably identifies a person and requests the information recorded in the person's file under this paragraph, the department shall promptly provide this information to the procurement organization.

AB570, s. 19 Section 19. 343.50 (4m) (b) of the statutes is amended to read:

AB570,43,7 343.50 (4m) (b) In addition to the inquiry under par. (a), if the applicant is at least 18 15 and one-half years of age, the department shall orally state to the applicant that he or she has the opportunity to indicate his or her willingness to be an organ donor. If the applicant indicates that he or she is undecided in response to the inquiry under par. (a), the department shall provide the applicant with written information that all organ procurement organizations and the department have together developed. If the applicant makes an affirmative response to the inquiry under par. (a), the department shall request at that time that the applicant write on the identification card the information that is required to make an anatomical gift under s. 157.06 (2) (b) and (c) (5) and affix a sticker thereto as provided in s. 343.175 (3).

AB570, s. 20 Section 20. 343.50 (8) (b) of the statutes is amended to read:

AB570,43,21 343.50 (8) (b) The department may not disclose any record or other information concerning or relating to an applicant or identification card holder to any person other than a court, district attorney, county corporation counsel, city, village or town attorney, law enforcement agency, a procurement organization as provided in sub. (4m) (a), the applicant or identification card holder or, if the applicant or identification card holder is under 18 years of age, his or her parent or guardian. Except for photographs disclosed to a law enforcement agency under s. 343.237, persons entitled to receive any record or other information under this paragraph shall not disclose the record or other information to other persons or agencies. This paragraph does not prohibit the disclosure of a person's name or address, of the name or address of a person's employer or of financial information that relates to a person when requested under s. 49.22 (2m) by the department of workforce development or a county child support agency under s. 59.53 (5).

AB570, s. 21 Section 21. Initial applicability.

AB570,43,24 (1) This act first applies to any of the following that occur on the effective date of this subsection:

AB570,43,25 (a) A request that another make an anatomical gift.

AB570,44,1 (b) The making, amendment, or revocation of an anatomical gift.

AB570,44,2 (c) The refusal to make an anatomical gift.

AB570,44,3 (d) The distribution of a body or part that is the subject of an anatomical gift.

AB570,44,4 (e) The issuance of a driver's license or identification card.

AB570,44,5 (End)