AB969: Bill Text

AB969, s. 4 Section 4. 60.63 (10m) of the statutes is amended to read:

AB969,6,25 60.63 (10m) The fact that an individual with acquired immunodeficiency syndrome or a positive HIV test for the presence of HIV, as defined in s. 252.01 (1m), antigen or nonantigenic products of HIV or an antibody to HIV (2m), resides in a community living arrangement with a capacity for 8 or fewer persons may not be used under sub. (10) to assert or prove that the existence of the community living arrangement in the town poses a threat to the health, safety or welfare of the residents of the town.

AB969, s. 5 Section 5. 62.23 (7) (i) 9m. of the statutes is amended to read:

AB969,7,8 62.23 (7) (i) 9m. The fact that an individual with acquired immunodeficiency syndrome or a positive HIV test for the presence of HIV, as defined in s. 252.01 (1m), antigen or nonantigenic products of HIV or an antibody to HIV (2m), resides in a community living arrangement with a capacity for 8 or fewer persons may not be used under subd. 9. to assert or prove that the existence of the community living arrangement in the city poses a threat to the health, safety or welfare of the residents of the city.

AB969, s. 6 Section 6. 103.15 (title) of the statutes is amended to read:

AB969,7,10 103.15 (title) Restrictions on use of a an HIV test for HIV.

AB969, s. 7 Section 7. 103.15 (1) (bm) of the statutes is created to read:

AB969,7,12 103.15 (1) (bm) "HIV test" has the meaning given in s. 252.01 (2m).

AB969, s. 8 Section 8. 103.15 (2) (a) of the statutes is amended to read:

AB969,7,16 103.15 (2) (a) Solicit or require an HIV test as a condition of employment of any employee or prospective employee a test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV.

AB969, s. 9 Section 9. 103.15 (2) (b) of the statutes is amended to read:

AB969,7,21 103.15 (2) (b) Affect the terms, conditions or privileges of employment or terminate the employment of any employee who obtains a an HIV test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV, as defined in s. 252.01 (2m).

AB969, s. 10 Section 10. 103.15 (3) of the statutes is amended to read:

AB969,8,2 103.15 (3) Any agreement by an employer or agent of the employer and an employee or prospective employee offering employment or any pay or benefit to an employee or prospective employee in return for taking a an HIV test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV is prohibited, except as provided under sub. (2) (intro.).

AB969, s. 11 Section 11. 118.125 (2m) (b) of the statutes is amended to read:

AB969,8,7 118.125 (2m) (b) Any pupil record that concerns the results of a an HIV test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV, as defined in s. 252.01 (2m), shall be treated as provided under s. 252.15. In this subsection, "HIV" has the meaning given in s. 252.01 (1m).

AB969, s. 12 Section 12. 146.82 (2) (a) 22. of the statutes is created to read:

AB969,8,10 146.82 (2) (a) 22. To a local health officer, as specified under s. 252.03, 252.05, 252.06, 252.12, 252.15 (7m) (bg), or 252.21 (1).

AB969, s. 13 Section 13. 149.12 (1) (intro.) of the statutes is amended to read:

AB969,8,19 149.12 (1) (intro.) Except as provided in subs. (1m), (2), and (3), the authority shall certify as eligible a person who is covered by Medicare because he or she is disabled under 42 USC 423, a person who submits evidence that he or she has tested positive for the presence of HIV, antigen or nonantigenic products of HIV, or an antibody to HIV, a positive, validated HIV test result, as defined in s. 252.01 (8); a person who is an eligible individual,; and any person who receives and submits any of the following based wholly or partially on medical underwriting considerations within 9 months prior to making application for coverage by the plan:

AB969, s. 14 Section 14. 252.01 (2m) of the statutes is created to read:

AB969,8,24 252.01 (2m) "HIV test" means a test or series of tests that the state epidemiologist finds under s. 252.13 (1r) to be medically significant and sufficiently reliable to detect the presence of HIV, antigen or antigenic products of HIV, or an antibody to HIV.

AB969, s. 15 Section 15. 252.01 (8) of the statutes is amended to read:

AB969,9,4 252.01 (8) "Validated HIV test result" means a result of a an HIV test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV that meets the validation requirements determined to be necessary by the state epidemiologist.

AB969, s. 16 Section 16. 252.11 (5m) of the statutes is amended to read:

AB969,9,11 252.11 (5m) A health care professional, as defined in s. 968.38 (1) (a), acting under an order of a court under s. 938.296 (4) or (5) or 968.38 (4) or (5) may, without first obtaining informed consent to the testing, subject an individual to a test or a series of tests to ascertain whether that individual is infected with a sexually transmitted disease. No sample used for performance of a test under this subsection may disclose the name of the test subject.

AB969, s. 17 Section 17. 252.11 (7) of the statutes is amended to read:

AB969,9,21 252.11 (7) Reports, examinations and inspections and all records concerning sexually transmitted diseases are confidential and not open to public inspection, and may not be divulged except as may be necessary for the preservation of the public health, in the course of commitment proceedings under sub. (5), or as provided under s. 938.296 (4) or (5) or 968.38 (4) or (5). If a physician or advanced practice nurse prescriber has reported a case of sexually transmitted disease to the department under sub. (4), information regarding the presence of the disease and treatment is not privileged when the patient, physician, or advanced practice nurse prescriber is called upon to testify to the facts before any court of record.

AB969, s. 18 Section 18. 252.12 (2) (a) 3. d. of the statutes is amended to read:

AB969,9,24 252.12 (2) (a) 3. d. Locations for procuring additional information or obtaining HIV testing services.

AB969, s. 19 Section 19. 252.12 (2) (a) 5. of the statutes is amended to read:

AB969,10,7 252.12 (2) (a) 5. The department shall perform HIV tests for the presence of HIV and, if appropriate, tests for the presence of related infections and shall conduct behavioral surveys among population groups determined by the department to be highly at risk of becoming infected with or transmitting HIV and related infections. Information obtained shall be used to develop targeted HIV infection and related infection prevention efforts for these groups and to evaluate the state's prevention strategies.

AB969, s. 20 Section 20. 252.12 (2) (a) 7. of the statutes is amended to read:

AB969,10,13 252.12 (2) (a) 7. The department shall distribute funding in each fiscal year to contract with organizations to provide, at alternate testing sites, anonymous or confidential counseling services for HIV and, laboratory HIV testing services for the presence of HIV, and, if appropriate, laboratory testing services for the presence of related viruses.

AB969, s. 21 Section 21. 252.13 (title) of the statutes is amended to read:

AB969,10,15 252.13 (title) Blood HIV tests for HIV.

AB969, s. 22 Section 22. 252.13 (1m) of the statutes is amended to read:

AB969,11,5 252.13 (1m) Except as provided under sub. (3), any blood bank, blood center or plasma center in this state that purchases or receives whole blood, blood plasma, a blood product or a blood derivative shall, prior to its distribution or use and after complying with informed consent for HIV testing under the requirements of s. 252.15 (2) (b), subject that blood, plasma, product or derivative to a an HIV test or series of tests that the state epidemiologist finds medically significant and sufficiently reliable under sub. (1r) (a) to detect the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV. This subsection does not apply to a blood bank that purchases or receives whole blood, blood plasma, a blood product or a blood derivative from a blood bank, blood center or plasma center in this state if the whole blood, blood plasma, blood product or blood derivative has previously been subjected to a an HIV test or series of tests that the state epidemiologist finds medically significant and sufficiently reliable under sub. (1r) (a) to detect the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV.

AB969, s. 23 Section 23. 252.13 (1r) (intro.) of the statutes is amended to read:

AB969,11,10 252.13 (1r) (intro.) For the purposes of this section, the state epidemiologist shall make separate findings of medical significance and sufficient reliability for a test or a series of tests to detect the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV an HIV test for each of the following purposes:

AB969, s. 24 Section 24. 252.13 (1r) (a) of the statutes is amended to read:

AB969,11,14 252.13 (1r) (a) Subjecting whole blood, blood plasma, a blood product or a blood derivative to a an HIV test prior to distribution or use of the whole blood, blood plasma, blood product or blood derivative.

AB969, s. 25 Section 25. 252.13 (1r) (b) of the statutes is amended to read:

AB969,11,16 252.13 (1r) (b) Providing disclosure of HIV test results to the subject of the test.

AB969, s. 26 Section 26. 252.13 (2) of the statutes is amended to read:

AB969,11,22 252.13 (2) If performance of a test under sub. (1m) yields a positive, validated HIV test result positive for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV, the whole blood, blood plasma, blood product or blood derivative so tested with this result may not be distributed or used except for purposes of research or as provided under sub. (5).

AB969, s. 27 Section 27. 252.13 (3) of the statutes is amended to read:

AB969,12,2 252.13 (3) If a medical emergency, including a threat to the preservation of life of a potential donee, exists under which whole blood, blood plasma, a blood product, or a blood derivative that has been subjected to HIV testing under sub. (1m) is unavailable, the requirement of sub. (1m) shall not apply.

AB969, s. 28 Section 28. 252.13 (4) of the statutes is amended to read:

AB969,12,6 252.13 (4) Subsections (1m) and (2) do not apply to the extent that federal law or regulations require that a blood bank, blood center, or plasma center administer an HIV test to whole blood, blood plasma, a blood product, or a blood derivative.

AB969, s. 29 Section 29. 252.13 (5) of the statutes is amended to read:

AB969,12,16 252.13 (5) Whole blood, blood plasma, a blood product , or a blood derivative described under sub. (2) that is voluntarily donated solely for the purpose of an autologous transfusion may be distributed to or used by the person who has donated the whole blood, blood plasma, blood product, or blood derivative. No person other than the person who has donated the whole blood, blood plasma, blood product, or blood derivative may receive or use the whole blood, blood plasma, blood product, or blood derivative unless it has been subjected to a an HIV test under sub. (1m) and performance of the test has yielded a negative, validated HIV test result for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV.

AB969, s. 30 Section 30. 252.14 (2) (intro.) of the statutes is amended to read:

AB969,13,2 252.14 (2) (intro.) No health care provider, peace officer, fire fighter, correctional officer, state patrol officer, jailer or keeper of a jail or person designated with custodial authority by the jailer or keeper, home health agency, inpatient health care facility, or person who has access to a validated HIV test result may do any of the following with respect to an individual who has acquired immunodeficiency syndrome or has a positive, validated HIV test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV result, solely because the individual has HIV infection or an illness or medical condition that is caused by, arises from, or is related to HIV infection:

AB969, s. 31 Section 31. 252.14 (3) of the statutes is amended to read:

AB969,13,11 252.14 (3) A health care provider, home health agency , or inpatient health care facility that tests administers an HIV test to an individual for HIV infection shall provide counseling about HIV and referral for appropriate health care and support services as necessary. A health care provider, home health agency , or inpatient health care facility that treats an individual who has an HIV infection or acquired immunodeficiency syndrome shall develop and follow procedures that shall ensure continuity of care for the individual in the event that his or her condition exceeds the scope of licensure or certification of the provider, agency, or facility.

AB969, s. 32 Section 32. 252.14 (4) of the statutes is amended to read:

AB969,13,17 252.14 (4) Any person violating sub. (2) is liable to the patient for actual damages and costs, plus exemplary damages of up to $5,000 $10,000 for an intentional violation. In determining the amount of exemplary damages, a court shall consider the ability of a health care provider who is an individual to pay exemplary damages.

AB969, s. 33 Section 33. 252.15 (title) of the statutes is amended to read:

AB969,13,19 252.15 (title) Restrictions on use of a an HIV test for HIV.

AB969, s. 34 Section 34. 252.15 (1) (cw) of the statutes is created to read:

AB969,13,23 252.15 (1) (cw) "Informed consent for disclosure" means, under the requirements of sub. (3), consent by an individual to the disclosure to a specified person of the results of an HIV test that is administered to the individual consenting.

AB969, s. 35 Section 35. 252.15 (1) (d) of the statutes is amended to read:

AB969,14,7 252.15 (1) (d) "Informed consent for testing or disclosure" means consent in writing on an informed consent for testing or disclosure form, under the requirements of sub. (2) (b), oral consent or inferred consent by a person an individual to the administration of a an HIV test to him or her for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV or to the disclosure to another specified person of the results of a test administered to the person consenting.

AB969, s. 36 Section 36. 252.15 (1) (e) of the statutes is repealed.

AB969, s. 37 Section 37. 252.15 (2) (title) of the statutes is amended to read:

AB969,14,10 252.15 (2) (title) Informed consent for HIV testing or; certain disclosure.

AB969, s. 38 Section 38. 252.15 (2) (a) (intro.) of the statutes is amended to read:

AB969,14,17 252.15 (2) (a) (intro.) No health care provider, blood bank, blood center, or plasma center may subject a person an individual to a an HIV test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV unless if the subject of the test first provides has declined to provide informed consent for HIV testing or disclosure as specified under par. (b), except that informed consent to for HIV testing is not required under sub. (5m) or for any of the following:

AB969, s. 39 Section 39. 252.15 (2) (a) 1. of the statutes is amended to read:

AB969,15,7 252.15 (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) shall, without obtaining informed consent to the for HIV testing, have an HIV test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV performed on the donor in order to assure medical acceptability of the gift for the purpose intended. The health care provider shall use as a an HIV 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 that yields a validated HIV test result. If the validated HIV 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, except as provided in par. (am) 1. d. or 2. b.

AB969, s. 40 Section 40. 252.15 (2) (a) 1g. of the statutes is amended to read:

AB969,15,13 252.15 (2) (a) 1g. If a medical emergency, as determined by the attending physician of a potential donee and including a threat to the preservation of life of the potential donee, exists under which a human body part or human tissue that has been subjected to HIV testing under subd. 1. is unavailable, the requirement of subd. 1. does not apply.

AB969, s. 41 Section 41. 252.15 (2) (a) 2. of the statutes is amended to read:

AB969,15,21 252.15 (2) (a) 2. The department, a laboratory certified under 42 USC 263a, or a health care provider, blood bank, blood center, or plasma center may, for the purpose of research and without first obtaining written informed consent to the for HIV testing, subject any body fluids or tissues to a an HIV test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV if the testing is performed in a manner by which the identity of the test subject is not known and may not be retrieved by the researcher.

AB969, s. 42 Section 42. 252.15 (2) (a) 3. of the statutes is renumbered 252.15 (2) (a) 3. (intro.) and amended to read:

AB969,16,8 252.15 (2) (a) 3. (intro.) The medical director of a center for the developmentally disabled, as defined in s. 51.01 (3), or a mental health institute, as defined in s. 51.01 (12), may, without obtaining informed consent to the for HIV testing, subject a resident or patient of the center or institute to a an HIV test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV if he or she determines that the conduct of the resident or patient poses a significant risk of transmitting HIV to another resident or patient of the center or institute. The medical director shall provide the HIV test subject and the test subject's guardian, if the HIV test subject is an individual found incompetent in this state, with all of the following:

AB969, s. 43 Section 43. 252.15 (2) (a) 4. of the statutes is amended to read:

AB969,16,13 252.15 (2) (a) 4. A health care provider may subject an individual to a an HIV test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV, without obtaining informed consent to the for HIV testing from the individual, if all of the following apply:

AB969,16,16 a. The individual has been adjudicated incompetent in this state, is under 14 years of age, or is unable to give informed consent for HIV testing because he or she is unable to communicate due to a medical condition.

AB969,16,23 b. The health care provider obtains informed consent for the HIV testing from the individual's guardian, if the individual is adjudicated incompetent in this state; from the individual's parent or, guardian , or legal custodian, if the individual is under 14 years of age; or from the individual's closest living relative or another with whom the individual has a meaningful social and emotional relationship , if the individual is not a minor nor adjudicated incompetent but is unable to communicate due to a medical condition.

AB969, s. 44 Section 44. 252.15 (2) (a) 6. of the statutes is amended to read:

AB969,17,8 252.15 (2) (a) 6. A health care professional acting under an order of the court under subd. 7. or s. 938.296 (4) or (5) or 968.38 (4) or (5) may, without first obtaining informed consent to the for HIV testing, subject an individual to a an HIV test or a series of tests to detect the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV. No sample used for laboratory test purposes under this subdivision may disclose the name of the HIV test subject, and, notwithstanding sub. (4) (c), the HIV test results may not be made part of the individual's permanent medical record.

AB969, s. 45 Section 45. 252.15 (2) (a) 7. a. of the statutes is amended to read:

AB969,18,5 252.15 (2) (a) 7. a. If all of the conditions under subd. 7. ai. to c. are met, an emergency medical technician; first responder; fire fighter; peace officer; correctional officer; person who is employed at a juvenile correctional facility, as defined in s. 938.02 (10p), or a secured residential care center for children and youth, as defined in s. 938.02 (15g); state patrol officer; jailer, keeper of a jail, or person designated with custodial authority by the jailer or keeper, during the course of providing care or services to an individual; a peace officer, correctional officer, state patrol officer, jailer, or keeper of a jail, or person designated with custodial authority by the jailer or keeper, while searching or arresting an individual or while controlling or transferring an individual in custody; a health care provider or an employee of a health care provider, during the course of providing care or treatment to an individual or handling or processing specimens of body fluids or tissues of an individual; a staff member of a state crime laboratory, during the course of handling or processing specimens of body fluids or tissues of an individual; social worker; or an employee of a school district, cooperative educational service agency, charter school, private school, the Wisconsin Educational Services Program for the Deaf and Hard of Hearing, or the Wisconsin Center for the Blind and Visually Impaired, while performing employment duties involving an individual; who is significantly exposed to the individual may subject the individual's blood to a an HIV test or a series of tests for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV and may receive disclosure of the results.

AB969, s. 46 Section 46. 252.15 (2) (a) 7. ak. of the statutes is amended to read:

AB969,18,20 252.15 (2) (a) 7. ak. A physician or advanced practice nurse prescriber, based on information provided to the physician or advanced practice nurse prescriber, determines and certifies in writing that the affected person has been significantly exposed. The certification shall accompany the request for HIV testing and disclosure. If the affected person who is significantly exposed is a physician or advanced practice nurse prescriber, he or she may not make this determination or certification. The information that is provided to a physician or advanced practice nurse prescriber to document the occurrence of a significant exposure and the physician's or advanced practice nurse prescriber's certification that an affected person has been significantly exposed, under this subd. 7. ak., shall be provided on a report form that is developed by the department of commerce under s. 101.02 (19) (a) or on a report form that the department of commerce determines, under s. 101.02 (19) (b), is substantially equivalent to the report form that is developed under s. 101.02 (19) (a).

AB969, s. 47 Section 47. 252.15 (2) (a) 7. am. of the statutes is amended to read:

AB969,19,2 252.15 (2) (a) 7. am. The affected person submits to a an HIV test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV, as soon as feasible or within a time period established by the department after consulting guidelines of the centers for disease control of the federal public health service, whichever is earlier.