AB783: Bill Text

AB783,18,8 (5) "Therapeutic misadventure" means an unintended medical error made by a health care provider or an unexpected mechanical failure of a medical device during the treatment of a patient that causes serious harm to the patient.

AB783, s. 33 Section 33. 979.01 (title) of the statutes is amended to read:

AB783,18,11 979.01 (title) Reporting deaths required; penalty; taking specimens by coroner or medical examiner jurisdiction for investigating deaths.

AB783, s. 34 Section 34. 979.01 (1) (intro.) of the statutes is amended to read:

AB783,18,24 979.01 (1) (intro.) All physicians, authorities of hospitals, sanatoriums, public and private institutions, convalescent homes, authorities of any institution of a like nature, and other persons having Any health care provider, director of an inpatient health care facility, as defined in s. 50.135 (1), director of a long-term care facility, as defined in s. 16.009 (1) (em), director of emergency medical services, director of a correctional facility, or any other person who has knowledge of the death of any person who has died under any of the following circumstances individual, shall, if any of the following applies, immediately report the death to the sheriff, police chief, the medical examiner or coroner of in the county where in which the death took place individual was pronounced dead or in which the individual's body or remains were located and may report the death to a law enforcement officer in that county:

AB783, s. 35 Section 35. 979.01 (1) (a) of the statutes is amended to read:

AB783,19,2 979.01 (1) (a) All deaths in which there are The death involves unexplained, unusual, or suspicious circumstances.

AB783, s. 36 Section 36. 979.01 (1) (b) of the statutes is repealed and recreated to read:

AB783,19,5 979.01 (1) (b) The death is a suspected homicide, including a death resulting from an act of bioterrorism, as defined in s. 166.02 (1r).

AB783, s. 37 Section 37. 979.01 (1) (c) of the statutes is repealed and recreated to read:

AB783,19,7 979.01 (1) (c) The death is a suspected suicide.

AB783, s. 38 Section 38. 979.01 (1) (d) of the statutes is amended to read:

AB783,19,10 979.01 (1) (d) All deaths following The death is of a woman and is associated with an abortion, as defined in s. 253.10 (2) (a).

AB783, s. 39 Section 39. 979.01 (1) (e) of the statutes is amended to read:

AB783,19,15 979.01 (1) (e) All deaths due to Injury or poisoning may be a contributing cause of the death, whether homicidal, suicidal or accidental or not the injury or poisoning is the primary cause of death and regardless of the interval between the injury or poisoning and the death.

AB783, s. 40 Section 40. 979.01 (1) (f) of the statutes is repealed and recreated to read:

AB783,19,20 979.01 (1) (f) The death occurs while the individual is in the actual or constructive custody of a law enforcement officer, during active pursuit of the individual by a law enforcement officer, or otherwise involves a law enforcement officer.

AB783, s. 41 Section 41. 979.01 (1) (g) of the statutes is amended to read:

AB783,19,25 979.01 (1) (g) When there was no The individual was not under the care of a physician, or accredited practitioner of a bona fide religious denomination relying upon prayer or spiritual means for healing in attendance within 30 days preceding for the illness or condition that caused the death.

AB783, s. 42 Section 42. 979.01 (1) (h) of the statutes is repealed and recreated to read:

AB783,20,6 979.01 (1) (h) The death occurs while the individual is confined in a federal prison in this state, a state prison, county jail or house of correction, a juvenile correctional facility, as defined in s. 938.02 (10p), or a juvenile detention facility, as defined in s. 938.02 (10r), or is otherwise incarcerated in the custody of the department of corrections or of a county sheriff.

AB783, s. 43 Section 43. 979.01 (1) (i) of the statutes is amended to read:

AB783,20,14 979.01 (1) (i) When, after After reasonable efforts, a physician cannot within 6 days after the pronouncement of death, or sooner under circumstances that the coroner or medical examiner determines constitute an emergency, be obtained to sign the medical certification as required under s. 69.18 (2) (b) or (c) within 6 days after the pronouncement of death or sooner under circumstances which the coroner or medical examiner determines to be an emergency, or all persons authorized to certify the cause of death under s. 69.18 (2) (b) or (c) refuse to sign the death certificate.

AB783, s. 44 Section 44. 979.01 (1) (j) to (p) of the statutes are created to read:

AB783,20,17 979.01 (1) (j) The death occurs while the individual is detained or institutionalized under s. 51.20, 971.14, or 971.17 or ch. 980.

AB783,20,20 (k) The death occurs while the individual is receiving emergency care at a hospital, as defined in s. 50.33 (2) (a) and (c), or a physician's office, as defined in s. 101.123 (1) (dg).

AB783,20,23 (L) The death occurs during a diagnostic, anesthetic, or therapeutic procedure or during administration of medication and is suspected to be associated with a therapeutic misadventure.

AB783,21,3 (m) The death is suspected to be associated with the abuse of a chemical substance that may be legally used or with the use of a controlled substances, as defined in s. 961.01 (4).

AB783,21,7 (n) The death is associated with an epidemic or pandemic, with the spread of a dangerous communicable disease, as defined by the department of health and family services, or with a disease-causing agent that may pose a threat to public health.

AB783,21,9 (o) The individual's remains are discovered outside a cemetery or documented burial plot.

AB783,21,12 (p) The coroner or medical examiner for the county in which the individual was pronounced dead or in which the individual's body or remains were located, in a written and published death reporting protocol, requires that the death be reported.

AB783, s. 45 Section 45. 979.01 (1g) of the statutes is repealed and recreated to read:

AB783,21,16 979.01 (1g) If a law enforcement officer is notified of a death under sub. (1), the law enforcement officer shall immediately notify the coroner or medical examiner in the county in which the body or remains were located.

AB783, s. 46 Section 46. 979.01 (1i) of the statutes is created to read:

AB783,21,23 979.01 (1i) If there is reason to believe that a death that must be reported under sub. (1) was caused by a crime, injury, or other event that occurred in a county in this state, other than the county in which the body is located, the coroner or medical examiner in the county in which the body is located shall immediately notify the coroner or medical examiner in the county in which the crime, injury, or other event is believed to have occurred.

AB783, s. 47 Section 47. 979.01 (1k) of the statutes is created to read:

AB783,22,4 979.01 (1k) (a) Except as provided in par. (b), if a death must be reported under sub. (1), the coroner or medical examiner in the county in which the crime, injury, or other event that caused the death occurred has jurisdiction to investigate the cause and manner of death.

AB783,22,10 (b) If there is reason to believe that a death that must be reported under sub. (1) was caused by a crime, injury, or other event that occurred outside this state, or if after reasonable efforts it cannot be determined where the crime, injury, or other event that caused the death occurred, the coroner or medical examiner in the county in which death is pronounced has jurisdiction to investigate the cause and manner of death.

AB783, s. 48 Section 48. 979.01 (1m) of the statutes is renumbered 979.01 (1m) (a) and amended to read:

AB783,22,17 979.01 (1m) (a) The Except as provided in par. (b), the coroner or medical examiner receiving notification under sub. (1) or (1g) who has jurisdiction to investigate a death under this section shall immediately, within a reasonable time after receiving notice of the death, notify the district attorney for his or her county or the attorney general of the death.

AB783, s. 49 Section 49. 979.01 (1m) (b) of the statutes is created to read:

AB783,22,21 979.01 (1m) (b) Subject to s. 979.04 (2), the coroner or medical examiner is not required to notify the district attorney or attorney general of any deaths for which the district attorney, in writing, waives notice.

AB783, s. 50 Section 50. 979.01 (1p) of the statutes is created to read:

AB783,22,24 979.01 (1p) A coroner or medical examiner who receives notice of a death under sub. (1), or his or her designee, shall notify the deceased's next of kin of the death.

AB783, s. 51 Section 51. 979.01 (1r) of the statutes is amended to read:

AB783,23,5 979.01 (1r) If the coroner or medical examiner is notified of a death under sub. (1) or (1g) and determines that his or her notification of the death was not required under sub. (1) or (1g), the discovery of human remains under this section and determines that the remains have no forensic significance, he or she shall notify the director of the historical society under s. 157.70 (3).

AB783, s. 52 Section 52. 979.01 (2) of the statutes is renumbered 979.01 (2) (a) and amended to read:

AB783,23,9 979.01 (2) (a) Any person individual who violates this section shall sub. (1) may be fined not more than $1,000 or imprisoned not more than 90 days or both.

AB783, s. 53 Section 53. 979.01 (2) (b) of the statutes is created to read:

AB783,23,13 979.01 (2) (b) Any partnership, association, organization, institution, or body politic or corporate that violates sub. (1) may be fined not more than $10,000 or imprisoned not more than 90 days or both.

AB783, s. 54 Section 54. 979.01 (3) of the statutes is repealed.

AB783, s. 55 Section 55. 979.01 (3m) of the statutes is repealed.

AB783, s. 56 Section 56. 979.01 (4) of the statutes is renumbered 979.105 and amended to read:

AB783,24,7 979.105 Authorization to embalm. No person may embalm or perform an autopsy on or dispose of the body of any person who has died under any of the circumstances listed in this section unless the person obtains the individual whose death must be reported under s. 979.01 (1) without the written authorization of the coroner of the county in which the injury or cause of death occurred. Such authorization shall be issued by the or medical examiner who has jurisdiction to investigate the death under s. 979.01. An authorization to embalm shall include information necessary to identify the deceased, the date and place of death, the name of the funeral director or person acting in the place of the funeral director, and shall specify that the coroner or medical examiner does not provide authorization to override the wishes of the next of kin of the deceased with respect to disposition of the body. The coroner or a deputy medical examiner, or his or her designee, shall issue an authorization to embalm under this section within 12 hours after notification of the reportable death, or as soon thereafter as possible in the event of unexplained, unusual or suspicious circumstances after being notified of the death.

AB783, s. 57 Section 57. 979.015 of the statutes is amended to read:

AB783,24,15 979.015 Subpoena for documents. Upon the request of the coroner, medical examiner or, district attorney, or attorney general, a court shall issue a subpoena requiring the production of documents necessary for the determination of a decedent's relevant to determining the cause or manner of a decedent's death. The documents may include the decedent's patient health care records and treatment records, as defined in ss. 51.30 and 146.81 (4). The documents shall be returnable to the officer named in the subpoena.

AB783, s. 58 Section 58. 979.017 of the statutes is created to read:

AB783,24,22 979.017 Custody of and authorization to move a body. (1) The coroner or medical examiner who has jurisdiction to investigate a death under s. 979.01 has legal custody of the decedent's body until he or she releases the body for disposition. Temporary transfer of a decedent's body for the purpose of removing a body part that is the subject of an anatomical gift under s. 157.06 does not constitute release of legal custody of the body.

AB783,25,2 (2) If an individual's death must be reported under s. 979.01 (1), no person may move the individual's body at or from the scene of death without authorization from the coroner or medical examiner to whom the death was first reported under s. 979.01, except if it is necessary to move the body to perform search or rescue operations for living individuals.

AB783, s. 59 Section 59. 979.02 (title) of the statutes is amended to read:

AB783,25,4 979.02 (title) Autopsies and other diagnostic procedures.

AB783, s. 60 Section 60. 979.02 of the statutes is renumbered 979.02 (1) and amended to read:

AB783,25,23 979.02 (1) The coroner, or medical examiner or district attorney who has jurisdiction to investigate a death under s. 979.01 may order the conducting of that an autopsy upon or other appropriate diagnostic procedure be performed on the body of a dead person any place within the state in cases where an inquest might be had as provided in s. 979.04 notwithstanding the fact that no such inquest is ordered or conducted. The autopsy shall be conducted by a licensed physician who has specialized training in pathology. The district attorney may move the circuit court for the county in which the body is buried for an order disinterring the body for purposes of autopsy. The order shall be granted by the circuit court upon a reasonable showing that any of the criteria specified in s. 979.04 exists. This section does not prevent additional autopsies or examinations of the body if there are unanswered pathological questions concerning the death and the causes of death the deceased, or may extract from the body any specimen, bodily fluids, other bodily material, or other material for analysis that will assist him or her in conducting a death investigation. The coroner or medical examiner shall dispose of specimens, fluids, and materials that are no longer of use in the investigation in accordance with standard biological material practices and county evidence retention rules.

AB783, s. 61 Section 61. 979.02 (2) to (7) of the statutes are created to read:

AB783,26,4 979.02 (2) The coroner or medical examiner who has jurisdiction to investigate a death under s. 979.01, or his or her designee, shall order that an autopsy and any other appropriate diagnostic procedure be performed on the body of the deceased if the death occurred under any of the following circumstances:

AB783,26,6 (a) The death likely resulted from a criminal act, unless the district attorney or attorney general waives the requirement for an autopsy.

AB783,26,7 (b) The death must be reported under s. 979.01 (1) (b), (f), (h), or (j).

AB783,26,9 (c) The deceased was under 18 years of age and the death is unexplained or unusual.

AB783,26,12 (3) If the conditions for ordering an inquest under s. 979.04 (1) are satisfied, the district attorney or attorney general may order an autopsy conducted on the body of a deceased.

AB783,26,14 (4) An autopsy ordered under this section may be performed only by a licensed physician who has undergone specialized training in pathology.

AB783,26,17 (5) The requirement to order an autopsy under sub. (2) does not preclude a coroner or medical examiner from allowing the removal of a body part that is the subject of an anatomical gift under s. 157.06.

AB783,26,24 (6) Except if ordered under sub. (3), no person may perform an autopsy on the body of an individual whose death must be reported under s. 979.01 (1) without the written authorization of the coroner or medical examiner who has jurisdiction to investigate the death under s. 979.01. In cases in which the coroner or medical examiner issues an authorization to perform an autopsy, the coroner or medical examiner shall, if possible, issue the authorization within 12 hours after being notified of the death, or as soon as possible thereafter.

AB783,27,7 (7) If the coroner or medical examiner who has jurisdiction to investigate a death under s. 979.01 determines that an autopsy or analysis of specimens, bodily fluids, or other bodily materials is not required for an investigation of a death that must be reported under s. 979.01 (1), the coroner or medical examiner shall, upon the request of the deceased's representative, inform the deceased's representative of his or her right to privately contract for pathology-related services at his or her own expense.

AB783, s. 62 Section 62. 979.025 (title) of the statutes is amended to read:

AB783,27,9 979.025 (title) Autopsy Investigation of death of a correctional inmate.

AB783, s. 63 Section 63. 979.025 (1) of the statutes is amended to read:

AB783,27,19 979.025 (1) Inmate confined to an institution in this state. If a coroner or medical examiner determines that the death of an individual dies, who died while he or she is in the legal custody of the department and confined to a correctional facility located in this state, the coroner or medical examiner of the county where the death occurred shall perform an autopsy on the deceased individual. If the coroner or medical examiner who performs the autopsy determines that the individual's death may have been the result of any of the situations that would permit the district attorney or attorney general to order an inquest under s. 979.04 (1), the coroner or medical examiner shall follow the procedures under s. 979.04 (2).

AB783, s. 64 Section 64. 979.025 (2) of the statutes is amended to read:

AB783,28,8 979.025 (2) Inmate confined in an institution in another state. If an individual dies while he or she is in the legal custody of the department and confined to a correctional facility in another state under a contract under s. 301.07, 301.21, or 302.25, the department shall have an autopsy and any other appropriate diagnostic procedure performed by an appropriate authority in the other state or, if the body is returned to this state, by order of the coroner or medical examiner of the county in which the circuit court is located that sentenced the individual to the custody of the department. If the coroner or medical examiner who performs orders the autopsy or other diagnostic procedure in this state determines that the individual's death may have been the result of any of the situations that would permit the district attorney to order an inquest under s. 979.04 (1), the coroner or medical examiner shall forward the results of the autopsy or other diagnostic procedure to the appropriate authority in the other state.

AB783, s. 65 Section 65. 979.025 (3) of the statutes is amended to read:

AB783,28,13 979.025 (3) Costs of an autopsy and diagnostic procedure. The costs of an autopsy or other diagnostic procedure performed under sub. (1) or (2) or performed on an inmate confined in a correctional facility in this state under s. 979.02 (2) (b) shall be paid by the department.

AB783, s. 66 Section 66. 979.027 of the statutes is created to read:

AB783,28,25 979.027 Disinterment for autopsy or other diagnostic procedure. The district attorney or attorney general may move the circuit court for the county in which a body is buried for an order disinterring the body for the purpose of conducting an autopsy or other diagnostic procedures. The order shall be granted by the circuit court upon a reasonable showing that any of the criteria specified in s. 979.04 exists. The clerk of the circuit court shall send a copy of the order to the coroner or medical examiner in the county in which the body is buried. Upon receipt of the order, the coroner or medical examiner shall issue a permit for disinterment and reinterment under s. 69.18 (4) (c). This section does not preclude the performance of additional autopsies or examinations of the body if there are unanswered pathological questions concerning the death and the causes of death.

AB783, s. 67 Section 67. 979.03 of the statutes is repealed.

AB783, s. 68 Section 68. 979.032 of the statutes is created to read:

AB783,29,6 979.032 Coroner or medical examiner investigation records. (1) The coroner or medical examiner shall create and maintain, in accordance with rules promulgated under s. 165.65 (4), a record for each investigation conducted under s. 979.01 that includes all of the following:

AB783,29,7 (a) The full name of the deceased and any known alias used by the deceased.

AB783,29,8 (b) A coroner or medical examiner case number.

AB783,29,9 (c) A case activity log.