AB863: Bill Text

AB863, s. 7 Section 7. 146.38 (3m) of the statutes is created to read:

AB863,5,8 146.38 (3m) Information acquired in connection with the review and evaluation of health care services may be disclosed, and records of such review and evaluation may be released, in statistical form with the consent of the person directing the review or evaluation. Information disclosed or records released under this subsection shall not reveal the identity of any patient unless the patient has granted permission to disclose his or her identity.

AB863, s. 8 Section 8. 904.16 of the statutes is created to read:

AB863,5,10 904.16 Health care reports. (1) In this section:

AB863,5,11 (a) "Health care provider" has the meaning given in s. 146.81 (1).

AB863,5,14 (b) "Regulatory agency" means the department of regulation and licensing or the division within the department of health and family services that conducts quality assurance activities related to health care providers.

AB863,5,16 (2) Except as provided in sub. (3), the following may not be used as evidence in a civil or criminal action brought against a health care provider.

AB863,5,18 (a) Reports that a regulatory agency requires a health care provider to give or disclose to that regulatory agency.

AB863,5,21 (b) Statements of, or records of interviews with, employees of a health care provider related to the regulation of the health care provider obtained by a regulatory agency.

AB863,5,24 (3) This section does not prohibit the use of the reports, statements, and records described in sub. (2) in any administrative proceeding conducted by a regulatory agency. This section does not apply to reports protected under s. 146.997.

AB863, s. 9 Section 9. 940.08 (1) of the statutes is amended to read:

AB863,6,3 940.08 (1) Whoever Except as provided in sub. (3), whoever causes the death of another human being by the negligent operation or handling of a dangerous weapon, explosives or fire is guilty of a Class G felony.

AB863, s. 10 Section 10. 940.08 (3) of the statutes is created to read:

AB863,6,6 940.08 (3) Subsection (1) does not apply to a health care provider acting within the scope of his or her practice or employment.

AB863, s. 11 Section 11. 940.24 (1) of the statutes is amended to read:

AB863,6,10 940.24 (1) Whoever Except as provided in sub. (3), whoever causes bodily harm to another by the negligent operation or handling of a dangerous weapon, explosives or fire is guilty of a Class I felony.

AB863, s. 12 Section 12. 940.24 (3) of the statutes is created to read:

AB863,6,13 940.24 (3) Subsection (1) does not apply to a health care provider acting within the scope of his or her practice or employment.

AB863, s. 13 Section 13. 940.285 (2) (a) 3. of the statutes is repealed.

AB863, s. 14 Section 14. 940.285 (2) (b) 1g. of the statutes is amended to read:

AB863,6,18 940.285 (2) (b) 1g. Any person violating par. (a) 1. or 2. under circumstances that cause death is guilty of a Class C felony. Any person violating par. (a) 3. under circumstances that cause death is guilty of a Class D felony.

AB863, s. 15 Section 15. 940.285 (2) (b) 1r. of the statutes is amended to read:

AB863,6,23 940.285 (2) (b) 1r. Any person violating par. (a) 1. under circumstances that are likely to cause great bodily harm is guilty of a Class G felony. Any person violating par. (a) 2. or 3. under circumstances that are likely to cause great bodily harm is guilty of a Class I felony.

AB863, s. 16 Section 16. 940.285 (2) (b) 4. of the statutes is amended to read:

AB863,7,2 940.285 (2) (b) 4. Any person violating par. (a) 2. or 3. under circumstances that cause or are likely to cause bodily harm is guilty of a Class A misdemeanor.

AB863, s. 17 Section 17. 940.285 (2) (b) 5. of the statutes is amended to read:

AB863,7,5 940.285 (2) (b) 5. Any person violating par. (a) 1. , or 2. or 3. under circumstances not causing and not likely to cause bodily harm is guilty of a Class B misdemeanor.

AB863, s. 18 Section 18. 940.295 (1) (km) of the statutes is repealed.

AB863, s. 19 Section 19. 940.295 (3) (a) 3. of the statutes is repealed.

AB863, s. 20 Section 20. 940.295 (3) (b) 1g. of the statutes is amended to read:

AB863,7,12 940.295 (3) (b) 1g. Any person violating par. (a) 1. or 2. under circumstances that cause death to an individual at risk is guilty of a Class C felony. Any person violating par. (a) 3. under circumstances that cause death to an individual at risk is guilty of a Class D felony.

AB863, s. 21 Section 21. 940.295 (3) (b) 3. of the statutes is amended to read:

AB863,7,17 940.295 (3) (b) 3. Except as provided in subd. 1m., any person violating par. (a) 2. or 3. under circumstances that cause great bodily harm is guilty of a Class H felony. Any person violating par. (a) 2. or 3. under circumstances that are likely to cause great bodily harm is guilty of a Class I felony.

AB863, s. 22 Section 22. 940.295 (3) (b) 4. of the statutes is amended to read:

AB863,7,20 940.295 (3) (b) 4. Any person violating par. (a) 2. or 3. under circumstances that cause or are likely to cause bodily harm is guilty of a Class A misdemeanor.

AB863, s. 23 Section 23. 940.295 (3) (b) 5. of the statutes is amended to read:

AB863,7,23 940.295 (3) (b) 5. Any person violating par. (a) 1. , or 2. or 3. under circumstances not causing and not likely to cause bodily harm is guilty of a Class B misdemeanor.

AB863, s. 24 Section 24. Initial applicability.

AB863,8,4 (1) Crimes. The treatment of sections 940.08 (1) and (3), 940.24 (1) and (3), 940.285 (2) (a) 3. and (b) 1g., 1r., 4., and 5., and 940.295 (1) (km) and (3) (a) 3. and (b) 1g., 3., 4., and 5. of the statutes first applies to acts or omissions committed on the effective date of this subsection.

AB863,8,7 (2) Disclosure and release of records or information. The treatment of section 146.38 (1m), (2), (3) (d) and (e), and (3m) of the statutes first applies to disclosures or releases occurring on the effective date of this subsection.

AB863,8,10 (3) Use of records or information. The treatment of section 146.38 (2) and (2m) of the statutes first applies to use of records or information on the effective date of this subsection.

AB863,8,14 (4) Evidence. The treatment of section 904.16 of the statutes first applies to health care provider reports received, and statements of, or records of interviews with, employees of a health care provider obtained, on the effective date of this subsection.

AB863,8,15 (End)