AB969: Bill Text

AB969,33,5 252.15 (7) (b) (intro.) If a positive, validated HIV test result is obtained from a test subject, the health care provider, blood bank, blood center or plasma center that maintains a record of the test results result under sub. (4) (c) shall report to the state epidemiologist the following information:

AB969, s. 97 Section 97. 252.15 (7) (b) 3. of the statutes is amended to read:

AB969,33,8 252.15 (7) (b) 3. The name, address, telephone number, age or date of birth, race and ethnicity, sex and county of residence of the HIV test subject, if known.

AB969, s. 98 Section 98. 252.15 (7) (b) 4. of the statutes is amended to read:

AB969,33,10 252.15 (7) (b) 4. The date on which the HIV test was performed.

AB969, s. 99 Section 99. 252.15 (7) (b) 5. of the statutes is amended to read:

AB969,33,12 252.15 (7) (b) 5. The HIV test result.

AB969, s. 100 Section 100. 252.15 (7) (b) 5m. of the statutes is created to read:

AB969,33,14 252.15 (7) (b) 5m. The mode of transmission to the test subject of HIV.

AB969, s. 101 Section 101. 252.15 (7) (c) 1. of the statutes is amended to read:

AB969,33,17 252.15 (7) (c) 1. Information with respect to the sexual orientation of the HIV test subject.

AB969, s. 102 Section 102. 252.15 (7) (c) 2. of the statutes is amended to read:

AB969,33,20 252.15 (7) (c) 2. The identity of persons with whom the HIV test subject may have had sexual contact.

AB969, s. 103 Section 103. 252.15 (7m) of the statutes is renumbered 252.15 (7m) (ag) and amended to read:

AB969,34,5 252.15 (7m) (ag) Reporting of persons Persons significantly exposed; reporting; informing. (intro.) If a positive, validated HIV test result is obtained from a an HIV test subject, the test subject's physician or advanced practice nurse prescriber who maintains a record of the test result under sub. (4) (c) may report to the state epidemiologist the name of any person known to the physician or advanced practice nurse prescriber likely to have been significantly exposed to the test subject, only after the physician or advanced practice nurse prescriber has done all of the following:

AB969,34,7 1. Counseled the HIV test subject to inform any person who has likely been significantly exposed to the test subject.

AB969,34,12 2. Notified the HIV test subject that, notwithstanding subs. (3) and (5) (a) (intro.), the name of any person known to the physician or advanced practice nurse prescriber likely to have been significantly exposed to the test subject will be reported to the state epidemiologist and that a designee of the state epidemiologist may inform the person as specified under par. (bg).

AB969, s. 104 Section 104. 252.15 (7m) (bg) of the statutes is created to read:

AB969,34,20 252.15 (7m) (bg) A local health officer who, under s. 252.03, 252.05, 252.06, 252.12, or 252.21 (1), or as a designee of the state epidemiologist under par. (ag) 2., has received information that a positive, validated HIV test result has been obtained from a test subject and that a person is likely to have been significantly exposed to the test subject or is likely to have been so exposed, may, notwithstanding subs. (3) and (5) (a) (intro.), notify that person that a positive, validated test result has been obtained from the test subject.

AB969, s. 105 Section 105. 252.15 (8) (a) of the statutes is amended to read:

AB969,34,25 252.15 (8) (a) Any person violating sub. (2), (5) (a), (5m), (6) or (7) (c) is liable to the subject of the HIV test for actual damages, costs and reasonable actual attorney fees, plus exemplary damages of up to $1,000 $2,000 for a negligent violation and up to $25,000 $50,000 for an intentional violation.

AB969, s. 106 Section 106. 252.15 (9) of the statutes is amended to read:

AB969,35,12 252.15 (9) Penalties. Whoever intentionally discloses the results of a blood an HIV test in violation of sub. (2) (a) 7m., (5) (a) or, (5m), or (7m) and thereby causes bodily harm or psychological harm to the subject of the test may be fined not more than $25,000 $50,000 or imprisoned not more than 9 months or both. Whoever negligently discloses the results of a blood an HIV test in violation of sub. (2) (a) 7m., (5) (a) or, (5m), or (7m) is subject to a forfeiture of not more than $1,000 $2,000 for each violation. Whoever intentionally discloses the results of a blood an HIV test in violation of sub. (2) (a) 7m., (5) (a) or, (5m), or (7m), knowing that the information is confidential, and discloses the information for pecuniary gain may be fined not more than $100,000 $200,000 or imprisoned not more than 3 years and 6 months, or both.

AB969, s. 107 Section 107. 631.90 (1) of the statutes is amended to read:

AB969,35,16 631.90 (1) In this section, "HIV test" means any strain of human immunodeficiency virus, which causes acquired immunodeficiency syndrome has the meaning given in s. 252.01 (2m).

AB969, s. 108 Section 108. 631.90 (2) (a) of the statutes is amended to read:

AB969,35,21 631.90 (2) (a) Require or request directly or indirectly any individual to reveal whether the individual has obtained a an HIV test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV or what the results of this test, if obtained by the individual, were.

AB969, s. 109 Section 109. 631.90 (2) (b) of the statutes is amended to read:

AB969,36,2 631.90 (2) (b) Condition the provision of insurance coverage on whether an individual has obtained a an HIV test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV or what the results of this test, if obtained by the individual, were.

AB969, s. 110 Section 110. 631.90 (2) (c) of the statutes is amended to read:

AB969,36,7 631.90 (2) (c) Consider in the determination of rates or any other aspect of insurance coverage provided to an individual whether an individual has obtained a an HIV test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV or what the results of this test, if obtained by the individual, were.

AB969, s. 111 Section 111. 631.90 (3) (a) of the statutes is amended to read:

AB969,36,16 631.90 (3) (a) Subsection (2) does not apply with regard to any an HIV test or series of tests for use in the underwriting of individual life, accident and health insurance policies that the person designated by the secretary of health and family services as the state epidemiologist finds medically significant and sufficiently reliable for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV and that the commissioner finds and designates by rule as sufficiently reliable for use in the underwriting of individual life, accident and health insurance policies.

AB969, s. 112 Section 112. 631.90 (3) (b) of the statutes is amended to read:

AB969,36,20 631.90 (3) (b) Paragraph (a) does not authorize the use of any an HIV test or series of tests for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV to discriminate in violation of s. 628.34 (3).

AB969, s. 113 Section 113. 901.05 (2) (intro.) of the statutes is amended to read:

AB969,37,4 901.05 (2) (intro.) Except as provided in sub. (3), the results of a test or tests for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV an HIV test, as defined in s. 252.01 (2m), are not admissible during the course of a civil or criminal action or proceeding or an administrative proceeding, as evidence of a person's character or a trait of his or her character for the purpose of proving that he or she acted in conformity with that character on a particular occasion unless the evidence is admissible under s. 904.04 (1) or 904.05 (2) and unless the following procedures are used:

AB969, s. 114 Section 114. 938.296 (1) (bm) of the statutes is created to read:

AB969,37,6 938.296 (1) (bm) "HIV test" has the meaning given in s. 252.01 (2m).

AB969, s. 115 Section 115. 938.296 (2) (intro.) of the statutes is amended to read:

AB969,37,17 938.296 (2) Sexually transmitted disease and HIV testing. (intro.) In a proceeding under s. 938.12 or 938.13 (12) in which the juvenile is alleged to have violated s. 940.225, 948.02, 948.025, 948.05, 948.06, or 948.085 (2), the district attorney or corporation counsel shall apply to the court for an order requiring the juvenile to submit to a an HIV test and a test or a series of tests administered by a health care professional to detect the presence of HIV, antigen or nonantigenic products of HIV, an antibody to HIV or a sexually transmitted disease, each of which tests are to be administered by a health care professional, and to disclose the results of that test or series of those tests as specified in sub. (4) (a) to (e), if all of the following apply:

AB969, s. 116 Section 116. 938.296 (4) (intro.) of the statutes is amended to read:

AB969,38,9 938.296 (4) Disclosure of sexually transmitted disease and HIV test results. (intro.) On receipt of an application for an order under sub. (2), the court shall set a time for a hearing on the application. If the juvenile has been found not competent to proceed under s. 938.30 (5), the court may hold a hearing under this subsection only if the court first determines that the probable cause finding can be fairly made without the personal participation of the juvenile. If, after hearing, the court finds probable cause to believe that the juvenile has significantly exposed the victim or alleged victim, the court shall order the juvenile to submit to a an HIV test or and a test or series of tests administered by a health care professional to detect the presence of HIV, antigen or nonantigenic products of HIV, an antibody to HIV or a sexually transmitted disease. The tests shall be administered by a health care professional. The court shall require the health care professional who performs the test or series of tests to refrain, notwithstanding s. 252.15 (4) (c), from making the test results part of the juvenile's permanent medical record and, notwithstanding s. 252.15 (3) and (5) (a) (intro.), to disclose the results of the test tests to any of the following:

AB969, s. 117 Section 117. 938.296 (5) (intro.) of the statutes is amended to read:

AB969,39,2 938.296 (5) Disclosure of communicable disease test results. (intro.) On receipt of an application for an order under sub. (2m), the court shall set a time for a hearing on the application. If the juvenile has been found not competent to proceed under s. 938.30 (5), the court may hold a hearing under this subsection only if the court first determines that the probable cause finding can be fairly made without the personal participation of the juvenile. If, after hearing, the court finds probable cause to believe that the act or alleged act of the juvenile that constitutes a violation of s. 946.43 (2m) carried a potential for transmitting a communicable disease to the victim or alleged victim and involved the juvenile's blood, semen, vomit, saliva, urine or feces or other bodily substance of the juvenile, the court shall order the juvenile to submit to a test or a series of tests administered by a health care professional to detect the presence of any communicable disease that was potentially transmitted by the act or alleged act of the juvenile. The court shall require the health care professional who performs the test or series of tests to refrain, notwithstanding s. 252.15 (4) (c), if applicable, from making the test results part of the juvenile's permanent medical record and, notwithstanding s. 252.15 (3) and (5) (a) (intro.), to disclose the results of the test to any of the following:

AB969, s. 118 Section 118. 938.346 (1) (e) of the statutes is amended to read:

AB969,39,12 938.346 (1) (e) The procedure under s. 938.296 under which the victim, if an adult, or the parent, guardian or legal custodian of the victim, if the victim is a child, may request an order requiring a juvenile who is alleged to have violated s. 940.225, 948.02, 948.025, 948.05, 948.06, or 948.085 (2) to submit to a an HIV test or, as defined in s. 252.01 (2m), and a test or a series of tests to detect the presence of HIV, as defined in s. 252.01 (1m), antigen or nonantigenic products of HIV, an antibody to HIV or a sexually transmitted disease, as defined in s. 252.11 (1), and to have the results of that test or series of the tests disclosed as provided in s. 938.296 (4) (a) to (e).

AB969, s. 119 Section 119. 938.371 (1) (a) of the statutes is amended to read:

AB969,39,22 938.371 (1) (a) Results Notwithstanding s. 252.15 (3) and (5) (a) (intro.), results of a an HIV test or a series of tests, as defined in s. 252.01 (2m), of the juvenile to determine the presence of HIV, as defined in s. 968.38 (1) (b), antigen or nonantigenic products of HIV, or an antibody to HIV, under s. 252.15 (5) (a) 19., including results included in a court report or permanency plan. At the time that the HIV test results are provided, the agency shall notify the foster parent, treatment foster parent, relative, or operator of the group home, residential care center for children and youth, or juvenile correctional facility of the confidentiality requirements under s. 252.15 (6).

AB969, s. 120 Section 120. 968.38 (1) (bc) of the statutes is created to read:

AB969,39,24 968.38 (1) (bc) "HIV test" has the meaning given in s. 252.01 (2m).

AB969, s. 121 Section 121. 968.38 (2) (intro.) of the statutes is amended to read:

AB969,40,8 968.38 (2) (intro.) In a criminal action under s. 940.225, 948.02, 948.025, 948.05, 948.06, 948.085, or 948.095, if all of the following apply, the district attorney shall apply to the circuit court for his or her county to order the defendant to submit to a an HIV test or and to a test or a series of tests administered by a health care professional to detect the presence of HIV, antigen or nonantigenic products of HIV, an antibody to HIV or a sexually transmitted disease, each of which tests shall be administered by a health care professional, and, notwithstanding s. 252.15 (3) (a), to disclose the results of the test or tests as specified in sub. (4) (a) to (c):

AB969, s. 122 Section 122. 968.38 (4) (intro.) of the statutes is amended to read:

AB969,41,3 968.38 (4) (intro.) The court shall set a time for a hearing on the matter under sub. (2) during the preliminary examination, if sub. (3) (a) applies; after the defendant is bound over for trial and before a verdict is rendered, if sub. (3) (b) applies; after conviction or a finding of not guilty by reason of mental disease or defect, if sub. (3) (c) applies; or, subject to s. 971.13 (4), after the determination that the defendant is not competent, if sub. (3) (d) applies. The court shall give the district attorney and the defendant notice of the hearing at least 72 hours prior to the hearing. The defendant may have counsel at the hearing, and counsel may examine and cross-examine witnesses. If the court finds probable cause to believe that the defendant has significantly exposed the victim or alleged victim, the court shall order the defendant to submit to a an HIV test and to a test or a series of tests administered by a health care professional to detect the presence of HIV, antigen or nonantigenic products of HIV, an antibody to HIV or a sexually transmitted disease. The tests shall be performed by a health care professional. The court shall require the health care professional who performs the test to disclose the test results to the defendant. The court shall require the health care professional who performs the test, to refrain, notwithstanding s. 252.15 (4) (c), from making the test results part of the defendant's permanent medical record, and, notwithstanding s. 252.15 (3) (a) and (5) (a) (intro.), to disclose the results of the test to any of the following:

AB969, s. 123 Section 123. 968.38 (5) (intro.) of the statutes is amended to read:

AB969,41,25 968.38 (5) (intro.) The court shall set a time for a hearing on the matter under sub. (2m) during the preliminary examination, if sub. (3) (a) applies; after the defendant is bound over for trial and before a verdict is rendered, if sub. (3) (b) applies; after conviction or a finding of not guilty by reason of mental disease or defect, if sub. (3) (c) applies; or, subject to s. 971.13 (4), after the determination that the defendant is not competent, if sub. (3) (d) applies. The court shall give the district attorney and the defendant notice of the hearing at least 72 hours prior to the hearing. The defendant may have counsel at the hearing, and counsel may examine and cross-examine witnesses. If the court finds probable cause to believe that the act or alleged act of the defendant that constitutes a violation of s. 946.43 (2m) carried a potential for transmitting a communicable disease to the victim or alleged victim and involved the defendant's blood, semen, vomit, saliva, urine or feces or other bodily substance of the defendant, the court shall order the defendant to submit to a test or a series of tests administered by a health care professional to detect the presence of any communicable disease that was potentially transmitted by the act or alleged act of the defendant. The court shall require the health care professional who performs the test to disclose the test results to the defendant. The court shall require the health care professional who performs the test to refrain , notwithstanding s. 252.15 (4) (c), if applicable, from making the test results part of the defendant's permanent medical record and, notwithstanding s. 252.15 (3) (a) and (5) (a) (intro.), to disclose the results of the test to any of the following:

AB969, s. 124 Section 124. 973.017 (4) (a) 1m. of the statutes is created to read:

AB969,42,2 973.017 (4) (a) 1m. "HIV test" has the meaning given in s. 252.01 (2m).

AB969, s. 125 Section 125. 973.017 (4) (b) 1. of the statutes is amended to read:

AB969,42,7 973.017 (4) (b) 1. At the time that he or she committed the serious sex crime, the person convicted of committing the serious sex crime had a sexually transmitted disease or acquired immunodeficiency syndrome or had had a positive HIV test for the presence of HIV, antigen, or nonantigenic products of HIV or an antibody to HIV.

AB969, s. 126 Section 126. 973.017 (4) (b) 2. of the statutes is amended to read:

AB969,42,13 973.017 (4) (b) 2. At the time that he or she committed the serious sex crime, the person convicted of committing the serious sex crime knew that he or she had a sexually transmitted disease or acquired immunodeficiency syndrome or that he or she had had a positive HIV test for the presence of HIV, antigen, or nonantigenic products of HIV or an antibody to HIV.

AB969, s. 127 Section 127. Initial applicability.

AB969,42,18 (1) Positive HIV test result reporting. The treatment of section 252.15 (7) (b) 5m. of the statutes, as created by this act, first applies to records of test results reported to the state epidemiologist on the first day of the 4th month beginning after the effective date of this subsection.

AB969,42,19 (End)