AB969,20,422
252.15
(2) (a) 7. av. If blood that is specified in subd. 7. ap. is unavailable, the
23person who is certified under subd. 7. ak. to have been significantly exposed may
24request the district attorney to apply to the circuit court for his or her county to order
25the individual to submit to
a an HIV test
or a series of tests for the presence of HIV,
1antigen or nonantigenic products of HIV or an antibody to HIV and to disclose the
2results to that person. The person who is certified under subd. 7. ak. to have been
3significantly exposed shall accompany the request with the certification under subd.
47. ak.
AB969, s. 52
5Section
52. 252.15 (2) (a) 7. b. of the statutes is amended to read:
AB969,20,116
252.15
(2) (a) 7. b. Upon receipt of a request and certification under the
7requirements of this subdivision, a district attorney shall, as soon as possible so as
8to enable the court to provide timely notice, apply to the circuit court for his or her
9county to order the individual to submit to
a an HIV test
or a series of tests as
10specified in subd. 7. a., administered by a health care professional, and to disclose
11the results of the test
or tests as specified in subd. 7. c.
AB969, s. 53
12Section
53. 252.15 (2) (a) 7. c. of the statutes is amended to read:
AB969,21,313
252.15
(2) (a) 7. c. The court shall set a time for a hearing on the matter under
14subd. 7. a. within 20 days after receipt of a request under subd. 7. b. The court shall
15give the district attorney and the individual from whom
a an HIV test is sought
16notice of the hearing at least 72 hours prior to the hearing. The individual may have
17counsel at the hearing, and counsel may examine and cross-examine witnesses. If
18the court finds probable cause to believe that the individual has significantly exposed
19the affected person, the court shall, except as provided in subd. 7. d., order the
20individual to submit to
a an HIV test
or a series of tests for the presence of HIV,
21antigen or nonantigenic products of HIV or an antibody to HIV. The
.
22Notwithstanding subs. (3) and (5) (a) (intro.), the court shall require the health care
23professional who performs the
HIV test
or series of tests to refrain from disclosing
24the test results to the individual and to disclose the test results to the affected person
25and his or her health care professional
and authorize the health care professional to
1disclose the test results to the individual, if he or she consents, and to anyone
2authorized by the individual. No sample used for laboratory test purposes under this
3subd. 7. c. may disclose the name of the
HIV test subject.
AB969, s. 54
4Section
54. 252.15 (2) (a) 7. d. of the statutes is amended to read:
AB969,21,75
252.15
(2) (a) 7. d. The court is not required to order the individual to submit
6to
a an HIV test under subd. 7. c. if the court finds substantial reason relating to
7the life or health of the individual not to do so and states the reason on the record.
AB969, s. 55
8Section
55. 252.15 (2) (a) 7m. of the statutes is amended to read:
AB969,21,169
252.15
(2) (a) 7m.
The test results of an individual under subd. 7. may be
10disclosed only to the individual, if he or she so consents, to anyone authorized by the
11individual and to the affected person who was certified to have been significantly
12exposed. A record may be retained of the
HIV test results
of an individual under
13subd. 7. only if the record does not reveal the individual's identity. If the affected
14person knows the identity of the individual whose blood was tested, he or she may
15not disclose the identity to any other person except
, notwithstanding subs. (3) and
16(5) (a) (intro.), for the purpose of having the
HIV test
or series of tests performed.
AB969, s. 56
17Section
56. 252.15 (2) (am) 1. of the statutes is renumbered 252.15 (2) (am)
181. a. and amended to read:
AB969,22,819
252.15
(2) (am) 1. a. A health care provider who procures, processes, distributes
20or uses
donated human sperm
donated as specified under s. 157.06 (6) (a) or (b) shall,
21prior to the distribution or use and with after obtaining informed consent
under the
22requirements of par. (b), test for HIV testing unless par. (a) 1. applies, have the
23proposed donor
for the presence of HIV, antigen or nonantigenic products of HIV or
24an antibody to HIV administered an HIV test in order to assure medical acceptability
25of the gift for the purpose intended.
The health care provider shall use as a test for
1the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV
2a test or series of tests that the state epidemiologist finds medically significant and
3sufficiently reliable under s. 252.13 (1r) to detect the presence of HIV, antigen or
4nonantigenic products of HIV or an antibody to HIV. The Except as provided under
5subd. 1. b., the health care provider shall
test
have the donor
tested initially and, if
6the initial test result is negative, shall
perform
have performed a 2nd test on a date
7that is not less than 180 days from the date of the procurement of the sperm.
No
8person may use the donated
AB969,22,12
9c. Donated sperm
that is not donated as specified under s. 157.06 (6) (a) or (b)
10or that is not from a donor known to the donee who has provided a waiver under subd.
111. b. may not be distributed or used until the health care provider has obtained the
12results of the 2nd test
under subd. 1. a.
AB969,22,20
13d. If any validated
HIV test result of the donor
for the presence of HIV, antigen
14or nonantigenic products of HIV or an antibody to HIV is positive, the sperm donated
15for use may not be used and
, if donated, shall be destroyed
, except that, if the
16donation is from a donor known to the donee, the donee may use the donation if, after
17the health care provider, notwithstanding subs. (3) and (5) (a) (intro.), informs the
18donee of the potential medical risks associated with the use, the donee provides
19informed consent to the use, and if the health care provider provides prophylactic
20treatments of the donation and appropriate follow-up testing to the donee.
AB969, s. 57
21Section
57. 252.15 (2) (am) 1. b. of the statutes is created to read:
AB969,23,222
252.15
(2) (am) 1. b. A 2nd test need not be performed under subd. 1. a. if the
23sperm is donated as specified under s. 157.06 (6) (a) or (b); or if the donation is from
24a donor known to the donee and, notwithstanding subs. (3) and (5) (a) (intro.), the
1donee waives, in a written statement provided to the health care provider,
2performance of the 2nd test.
AB969, s. 58
3Section
58. 252.15 (2) (am) 2. of the statutes is renumbered 252.15 (2) (am)
42. a. and amended to read:
AB969,23,125
252.15
(2) (am) 2. a. A health care provider who procures, processes, distributes
6or uses
donated human ova
donated as specified under s. 157.06 (6) (a) or (b) or
7fertilized human ova shall, prior to the distribution or use and
with after obtaining 8informed consent
under the requirements of par. (b), test for HIV testing unless par.
9(a) 1. applies, have the
proposed donor
for the presence of HIV, antigen or
10nonantigenic products of HIV or an antibody to HIV or, for fertilized ova, donors,
11administered an HIV test in order to assure medical acceptability of the gift for the
12purpose intended.
AB969, s. 59
13Section
59. 252.15 (2) (am) 2. b. of the statutes is created to read:
AB969,23,2114
252.15
(2) (am) 2. b. If any validated HIV test result of the donor under subd.
152. a. is positive, the ova or fertilized ova donated for use may not be used and shall
16be destroyed, except that, if the donation is from a donor, or, for fertilized ova, donors,
17known to the donee, the donee may use the donation if, after the health care provider,
18notwithstanding subs. (3) and (5) (a) (intro.), informs the donee of the potential
19medical risks associated with the use, the donee provides informed consent to the
20use, and if the health care provider provides prophylactic treatments of the donation
21and appropriate follow-up testing to the donee.
AB969, s. 60
22Section
60. 252.15 (2) (b) (intro.) of the statutes is renumbered 252.15 (2) (b)
23and amended to read:
AB969,24,1324
252.15
(2) (b)
The A health care provider, blood bank, blood center
, or plasma
25center that subjects a person to
a an HIV test
for the presence of HIV, antigen or
1nonantigenic products of HIV or an antibody to HIV under pars. (a) and (am) shall,
2in instances under those paragraphs in which
informed consent
for HIV testing is
3required,
provide first orally inform the potential
HIV test subject
with an informed
4consent form for testing or disclosure that shall contain the following information
5and on the form shall obtain the potential test subject's signature or
may, if the
6potential test subject has executed a power of attorney for health care instrument
7under ch. 155 and has been found to be incapacitated under s. 155.05 (2),
instead
8obtain the signature of the health care agent
:
that, as a routine part of medical care,
9the test will be performed unless the potential test subject or, if applicable, agent
10declines to provide consent. The potential HIV test subject or agent may orally
11consent or, if the test subject or agent does not so decline, the health care provider,
12blood bank, blood center, or plasma center may infer that the potential test subject
13or agent has given informed consent for testing.
AB969, s. 61
14Section
61. 252.15 (2) (b) 1. of the statutes is repealed.
AB969, s. 62
15Section
62. 252.15 (2) (b) 2. of the statutes is renumbered 252.15 (3) (c) and
16amended to read:
AB969,24,2117
252.15
(3) (c)
A Provide to the individual a statement of explanation to the
18potential
HIV test subject that the
HIV test results may be disclosed as specified
19under sub. (5) (a) and either a listing that duplicates the persons or circumstances
20specified under sub. (5) (a) 2. to
19. 20. or a statement that the listing is available
21upon request.
AB969, s. 63
22Section
63. 252.15 (2) (b) 3. of the statutes is repealed.
AB969, s. 64
23Section
64. 252.15 (2) (bm) (intro.) of the statutes is repealed.
AB969, s. 65
24Section
65. 252.15 (2) (bm) 1. of the statutes is renumbered 252.15 (2) (a) 3.
25a. and amended to read:
AB969,25,2
1252.15
(2) (a) 3. a. A statement of explanation concerning the
HIV test that was
2performed, the date of performance of the test and the test results.
AB969, s. 66
3Section
66. 252.15 (2) (bm) 2. of the statutes is renumbered 252.15 (2) (a) 3.
4b. and amended to read:
AB969,25,85
252.15
(2) (a) 3. b. A statement of explanation that the
HIV test results may
6be disclosed as specified under sub. (5) (a) and either a listing that duplicates the
7persons or circumstances specified under sub. (5) (a) 2. to
18. 21. or a statement that
8the listing is available upon request.
AB969, s. 67
9Section
67. 252.15 (3) of the statutes is repealed and recreated to read:
AB969,25,1210
252.15
(3) Informed consent for disclosure; refusal of disclosure. A health
11care provider, blood bank, blood center, or plasma center that subjects an individual
12to an HIV test under sub. (2) (a) or (am) shall do all of the following:
AB969,25,1613
(a) Inform the individual or, if the individual has executed a power of attorney
14for health care instrument under ch. 155 and has been found to be incapacitated
15under s. 155.05 (2), the individual's health care agent that, except as provided under
16sub. (5), the individual or health care agent has the right to do all of the following:
AB969,25,1917
1. Identify persons to whom the individual or health care agent authorizes that
18HIV test results may be disclosed and the time period in which disclosure may be
19made.
AB969,25,2120
2. Identify persons to whom HIV test results may not be disclosed and the time
21period for refusal of disclosure.
AB969,25,2322
(b) Furnish the means by which the individual or the health care agent may
23indicate his or her authorization under par. (a) 1., refusal under par. (a) 2., or both.
AB969, s. 68
24Section
68. 252.15 (4) (intro.) of the statutes is amended to read:
AB969,26,5
1252.15
(4) Record maintenance. (intro.) A health care provider, blood bank,
2blood center
, or plasma center that obtains from
a person an individual a specimen
3of body fluids or tissues for the purpose of
testing for the presence of HIV, antigen or
4nonantigenic products of HIV or an antibody to HIV an HIV test shall
maintain in
5the individual's health care record all of the following:
AB969, s. 69
6Section
69. 252.15 (4) (a) of the statutes is repealed.
AB969, s. 70
7Section
70. 252.15 (4) (b) of the statutes is amended to read:
AB969,26,98
252.15
(4) (b)
Maintain a A record of the
informed consent
received or refusal
9of consent made under
par. (a) sub. (2) (b).
AB969, s. 71
10Section
71. 252.15 (4) (bm) of the statutes is created to read:
AB969,26,1211
252.15
(4) (bm) A record of any persons identified by the individual under sub.
12(3) (a) 1. or 2.
AB969, s. 72
13Section
72. 252.15 (4) (c) of the statutes is amended to read:
AB969,26,1814
252.15
(4) (c)
Maintain Except for a record made under the circumstances
15described in sub. (2) (a) 6. or 7m., 938.296 (4) (intro.) or (5) (intro.), or s. 968.38 (4)
16(intro.) or (5) (intro.), a record of the
HIV test results obtained.
A record that is made
17under the circumstances described in sub. (2) (a) 7m. may not reveal the identity of
18the test subject.
AB969, s. 73
19Section
73. 252.15 (5) (title) of the statutes is repealed and recreated to read:
AB969,26,2020
252.15
(5) (title)
HIV test confidentiality; exceptions.
AB969, s. 74
21Section
74. 252.15 (5) (a) (intro.) of the statutes is amended to read:
AB969,27,522
252.15
(5) (a) (intro.) An individual who is the subject of
a an HIV test
for the
23presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV or
24the individual's health care agent, if the individual has executed a power of attorney
25for health care instrument under ch. 155 and has been found to be incapacitated
1under s. 155.05 (2), may disclose the results of the individual's test to anyone. A
2person who is neither the individual nor the individual's health care agent may not,
3unless he or she is specifically authorized
under sub. (3) by the individual
or health
4care agent to do so, disclose the individual's
HIV test results except to the following
5persons or under the following circumstances:
AB969, s. 75
6Section
75. 252.15 (5) (a) 1. of the statutes is amended to read:
AB969,27,97
252.15
(5) (a) 1. To the subject of the
HIV test and, if the test subject has
8executed a power of attorney for health care instrument under ch. 155 and has been
9found to be incapacitated under s. 155.05 (2), the
test subject's health care agent.
AB969, s. 76
10Section
76. 252.15 (5) (a) 2. of the statutes is amended to read:
AB969,27,1311
252.15
(5) (a) 2. To a health care provider who provides care to
the subject of 12the
HIV test
subject, including those instances in which a health care provider
13provides emergency care to the subject.
AB969, s. 77
14Section
77. 252.15 (5) (a) 4. (intro.) of the statutes is amended to read:
AB969,27,1615
252.15
(5) (a) 4. (intro.) To a blood bank, blood center or plasma center that
16subjects a person to
a an HIV test under sub. (2) (a), for any of the following purposes:
AB969, s. 78
17Section
78. 252.15 (5) (a) 4. a. of the statutes is amended to read:
AB969,27,1918
252.15
(5) (a) 4. a. Determining the medical acceptability of blood or plasma
19secured from the
HIV test subject.
AB969, s. 79
20Section
79. 252.15 (5) (a) 4. b. of the statutes is amended to read:
AB969,27,2121
252.15
(5) (a) 4. b. Notifying the
test subject of the
HIV test
of the test results.
AB969, s. 80
22Section
80. 252.15 (5) (a) 10. (intro.) of the statutes is amended to read:
AB969,27,2423
252.15
(5) (a) 10. (intro.)
To Except as provided in par. (b), to a person who
24conducts research, for the purpose of research, if the researcher:
AB969, s. 81
25Section
81. 252.15 (5) (a) 10. c. of the statutes is amended to read:
AB969,28,6
1252.15
(5) (a) 10. c. Provides written assurance to the person disclosing the
HIV 2test results that use of the information requested is only for the purpose under which
3it is provided to the researcher, the information will not be released to a person not
4connected with the study, and the final research product will not reveal information
5that may identify the test subject unless the researcher has first received informed
6consent for disclosure from the test subject.
AB969, s. 82
7Section
82. 252.15 (5) (a) 13. of the statutes is amended to read:
AB969,28,118
252.15
(5) (a) 13. To a sheriff, jailer or keeper of a prison, jail
, or house of
9correction or a person designated with custodial authority by the sheriff, jailer
, or
10keeper, for whom disclosure is necessitated in order to permit the assigning of a
11private cell to a prisoner who has a positive
HIV test result.
AB969, s. 83
12Section
83. 252.15 (5) (a) 14. of the statutes is amended to read:
AB969,28,1713
252.15
(5) (a) 14. If the
test results of
a an HIV test administered to an
14individual are positive and the individual is deceased, by the individual's attending
15physician or advanced practice nurse prescriber, to persons, if known to the
16physician or advanced practice nurse prescriber, with whom the individual has had
17sexual contact or has shared intravenous drug use paraphernalia.
AB969, s. 84
18Section
84. 252.15 (5) (a) 15. of the statutes is amended to read:
AB969,28,2319
252.15
(5) (a) 15. To anyone who provides consent for the
HIV testing under
20sub. (2) (a) 4. b., except that disclosure may be made under this subdivision only
21during a period in which the
HIV test subject is adjudicated incompetent in this
22state, is under 14 years of age, or is unable to communicate due to a medical
23condition.
AB969, s. 85
24Section
85. 252.15 (5) (a) 19. of the statutes is amended to read:
AB969,29,19
1252.15
(5) (a) 19. If the
HIV test was administered to a child who has been
2placed in a foster home, treatment foster home, group home, residential care center
3for children and youth, or juvenile correctional facility, as defined in s. 938.02 (10p),
4including a placement under s. 48.205, 48.21, 938.205, or 938.21, or for whom
5placement in a foster home, treatment foster home, group home, residential care
6center for children and youth, or juvenile correctional facility is recommended under
7s. 48.33 (4), 48.425 (1) (g), 48.837 (4) (c), or 938.33 (3) or (4), to an agency directed by
8a court to prepare a court report under s. 48.33 (1), 48.424 (4) (b), 48.425 (3), 48.831
9(2), 48.837 (4) (c), or 938.33 (1), to an agency responsible for preparing a court report
10under s. 48.365 (2g), 48.425 (1), 48.831 (2), 48.837 (4) (c), or 938.365 (2g), to an agency
11responsible for preparing a permanency plan under s. 48.355 (2e), 48.38, 48.43 (1)
12(c) or (5) (c), 48.63 (4) or (5) (c), 48.831 (4) (e), 938.355 (2e), or 938.38 regarding the
13child, or to an agency that placed the child or arranged for the placement of the child
14in any of those placements and, by any of those agencies, to any other of those
15agencies and, by the agency that placed the child or arranged for the placement of
16the child in any of those placements, to the child's foster parent or treatment foster
17parent or the operator of the group home, residential care center for children and
18youth, or juvenile correctional facility in which the child is placed, as provided in s.
1948.371 or 938.371.
AB969, s. 86
20Section
86. 252.15 (5) (a) 20. of the statutes is amended to read:
AB969,30,621
252.15
(5) (a) 20. To a prisoner's health care provider, the medical staff of a
22prison or jail in which a prisoner is confined, the receiving institution intake staff at
23a prison or jail to which a prisoner is being transferred
, or a person designated by a
24jailer to maintain prisoner medical records, if the disclosure is made with respect to
25the prisoner's patient health care records under s. 302.388, to the medical staff of a
1jail to whom the
HIV test results are disclosed under s. 302.388 (2) (c) or (d), to the
2medical staff of a jail to which a prisoner is being transferred, if the
test results are
3provided to the medical staff by the department of corrections as part of the prisoner's
4medical file, to a health care provider to whom the test results are disclosed under
5s. 302.388 (2) (c) or (f)
, or
to the department of corrections if the disclosure is made
6with respect to a prisoner's patient health care records under s. 302.388 (4).
AB969, s. 87
7Section
87. 252.15 (5) (a) 21. of the statutes is created to read:
AB969,30,98
252.15
(5) (a) 21. To a local health officer, as specified under sub. (7m) (b) or s.
9252.03, 252.05, 252.06, 252.12, or 252.21 (1).
AB969, s. 88
10Section
88. 252.15 (5) (b) of the statutes is amended to read:
AB969,30,1411
252.15
(5) (b) A private pay patient may deny access to disclosure of his or her
12HIV test results granted under par. (a) 10. if he or she annually submits to the
13maintainer of his or her
HIV test results under sub. (4) (c) a signed, written request
14that denial be made.
AB969, s. 89
15Section
89. 252.15 (5m) (intro.) of the statutes is amended to read:
AB969,30,2016
252.15
(5m) Autopsies; HIV testing of certain corpses. (intro.)
17Notwithstanding s. 157.05, a corpse may be subjected to
a an HIV test
for the
18presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV and
19the test results disclosed to
the a person who has been significantly exposed under
20any of the following conditions:
AB969, s. 90
21Section
90. 252.15 (5m) (a) of the statutes is amended to read:
AB969,31,1022
252.15
(5m) (a) If a person, including a person exempted from civil liability
23under the conditions specified under s. 895.48, 895.4802, or 895.4803, who renders
24to the victim of an emergency or accident emergency care during the course of which
25the emergency caregiver is significantly exposed to the emergency or accident victim
1and the emergency or accident victim subsequently dies prior to
testing for the
2presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV; 3performance of an HIV test on the victim; if a physician or advanced practice nurse
4prescriber, based on information provided to the physician or advanced practice
5nurse prescriber, determines and certifies in writing that the emergency caregiver
6has been significantly exposed
; and if the certification accompanies the request for
7testing performance of an HIV test and disclosure.
Testing of a corpse under this
8paragraph shall be ordered by the The coroner, medical examiner
, or physician who
9certifies the victim's cause of death under s. 69.18 (2) (b), (c)
, or (d)
shall order
10performance of an HIV test of the corpse.
AB969, s. 91
11Section
91. 252.15 (5m) (b) of the statutes is amended to read:
AB969,31,2212
252.15
(5m) (b) If a funeral director, coroner, medical examiner, or appointed
13assistant to a coroner or medical examiner who prepares the corpse of a decedent for
14burial or other disposition or a person who performs an autopsy or assists in
15performing an autopsy is significantly exposed to the corpse; if a physician or
16advanced practice nurse prescriber, based on information provided to the physician
17or advanced practice nurse prescriber, determines and certifies in writing that the
18funeral director, coroner, medical examiner, or appointed assistant has been
19significantly exposed; and if the certification accompanies the request for
HIV 20testing and disclosure.
Testing An HIV test of a corpse under this paragraph shall
21be ordered by the attending physician or advanced practice nurse prescriber of the
22funeral director, coroner, medical examiner, or appointed assistant who is so exposed.
AB969, s. 92
23Section
92. 252.15 (5m) (c) of the statutes is amended to read:
AB969,32,1024
252.15
(5m) (c) If a health care provider or an agent or employee of a health
25care provider is significantly exposed to the corpse or to a patient who dies
1subsequent to the exposure and prior to
testing for the presence of HIV, antigen or
2nonantigenic products of HIV, or an antibody to HIV performance of an HIV test; if
3a physician or advanced practice nurse prescriber who is not the health care provider,
4based on information provided to the physician or advanced practice nurse
5prescriber, determines and certifies in writing that the health care provider, agent
6or employee has been significantly exposed; and if the certification accompanies the
7request for testing and disclosure.
Testing of a corpse under this paragraph shall be
8ordered by the The physician or advanced practice nurse prescriber who certifies
9that the significant exposure has occurred
shall order performance of an HIV test of
10the corpse.
AB969, s. 93
11Section
93. 252.15 (6) of the statutes is amended to read:
AB969,32,1512
252.15
(6) Expanded disclosure of HIV test results prohibited. No person
13to whom the results of
a an HIV test
for the presence of HIV, antigen or nonantigenic
14products of HIV or an antibody to HIV have been disclosed under sub. (5) (a) or (5m)
15may disclose the test results except as authorized under sub. (5) (a) or (5m).
AB969, s. 94
16Section
94. 252.15 (7) (title) of the statutes is amended to read:
AB969,32,1717
252.15
(7) (title)
Reporting of positive
HIV test results.