SB310,34,2523
4. If the coroner or medical examiner informs the hospital that subds. 2. and
243. apply and that consent has been given for an anatomical gift, the hospital shall
25transfer the decedent to the coroner or medical examiner.
SB310,35,5
1(b) When a decedent is within the custody of a coroner or medical examiner, the
2death occurred outside a hospital or the decedent was transferred to the coroner or
3medical examiner under par. (a) 4., and the coroner or medical examiner refers the
4decedent as a potential tissue donor, any such referral shall be made under the
5following conditions:
SB310,35,126
1. Subject to subds. 2., 3., and 4., the coroner or medical examiner, after
7considering a tissue bank's history, services, traditional referral patterns,
8geographic service area, and tissue distribution record and any other criteria
9required for consideration by the corporation counsel of the applicable county, enters
10into a written, general referral agreement with one or more tissue banks to which
11the coroner or medical examiner shall refer decedents for potential donation of
12tissue.
SB310,35,1413
2. Any agreement under subd. 1. is subject to review and approval by all of the
14the following:
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a. The corporation counsel of the applicable county.
SB310,35,1916
b. The county board of the applicable county. Within 60 days after any approval
17by the corporation counsel and transmittal of the agreement to the county board, the
18county board may approve or disapprove the agreement. If the county board takes
19no action, the agreement is approved.
SB310,35,2220
3. A tissue bank under this paragraph is accredited by the American
21Association of Tissue Banks or audited at least once every 2 years by an organization
22that is accredited by the American Association of Tissue Banks.
SB310,35,2523
4. All of the following applies to an agreement by a coroner or medical examiner
24with one or more tissue banks to which the coroner or medical examiner refers
25decedents for potential donation of tissue:
SB310,36,2
1a. Any such agreement that is entered into after April 13, 2006, shall conform
2to the requirements of subds. 1. to 3.
SB310,36,53
b. Any such agreement that exists on April 13, 2006, shall conform to the
4requirements of subds. 1. to 3. by October 1, 2007, unless the agreement expires
5before that date and is not renegotiated or renewed under subd. 4. a.
SB310,36,15
6(25m) Consent for or limitation on certain uses of bones or tissue;
7requirements. (a) A hospital, organ procurement organization, tissue bank, coroner,
8or medical examiner that provides a record of gift to a person who may make an
9anatomical gift under sub. (4) or (9) shall include in the record of gift the following
10sentences: "I understand that donated bones or tissues, including skin, may have
11numerous uses, including for reconstructive and cosmetic purposes, and that
12multiple organizations, including nonprofit and for-profit organizations, may
13recover, process, or distribute the donations. I further understand that I may, by this
14record, limit the use of the bones or tissues, including skin, that are donated or types
15of organizations that recover, process, or distribute the donation."
SB310,36,1716
(b) The record of gift under par. (a) shall include, following the 2nd sentence
17required in par. (a), all of the following:
SB310,36,2418
1. A line or space for the person who may make an anatomical gift to sign to
19acknowledge that he or she has read the sentences specified in par. (a) or that the
20sentences have been read aloud to him or her. Except in cases in which an anatomical
21gift is executed by means that do not require the person making the anatomical gift
22to sign a record of gift, failure of the person making the anatomical gift to sign in the
23line or space is a refusal to make or an objection to making an anatomical gift of bones
24or tissues.
SB310,37,3
12. A line or space for the person making the anatomical gift to sign and specify
2a limitation, if any, on the use of bones or tissues or on the types of organizations that
3recover, process, or distribute the donation.
SB310,37,124
(c) If a person makes anatomical gift in the manner provided in sub. (10) (a) 2.
5or 3., the individual receiving the oral communication shall read aloud to the person,
6the sentences required under par. (a). If the anatomical gift is made in the manner
7provided in sub. (10) (a) 3., the individual who reduces the anatomical gift to a record
8shall note on the record that the person making the anatomical gift has been read
9the sentences required under par. (a) and note any limitations that the person
10making the anatomical gift imposes on the use of any bones or tissues that are the
11subject of the anatomical gift or any limitations on the types of organizations that
12recover, process, or distribute such bones or tissues.
SB310,37,1713
(d) If a person who may make an anatomical gift under sub. (4) or (9) makes
14an anatomical gift under this subsection, the hospital, organ procurement
15organization, tissue bank, coroner, or medical examiner that provides to the person
16a record of gift under par. (a) shall also provide the person with the telephone number
17and address of the agency or organization that recovers the anatomical gift.
SB310,37,2018
(e) The requester under par. (a) shall provide the person who may make an
19anatomical gift under sub. (4) or (9) with a copy of any record of gift executed under
20the requirements of this subsection.
SB310,37,23
21(26m) Forms for removal of organs and certain tissues; rules. The
22department of health and family services shall promulgate rules prescribing all of
23the following:
SB310,37,2424
(a) A form for removal of organs for use under sub. (23m) (e) 1. and 3.
SB310,38,2
1(b) A form for removal of tissue, other than cardiovascular tissue, for use under
2sub. (23m) (e) 2. and 3.
SB310,38,5
3(27m) Penalty. Whoever fails to comply with the requirement to provide
4sentences under sub. (25m) (a) or (c) may be subject to a forfeiture of not less than
5$500 nor more than $1,000 for each violation.
SB310,38,9
6(28m) Effect of prior document of gift. Notwithstanding the requirements
7of this section, a document of gift that was made under the requirements of s. 157.06,
81987 stats., or s. 157.06, 2005 stats., is deemed to comply with the requirements of
9this section.
SB310, s. 7
10Section
7. 230.35 (2d) (a) 2. of the statutes is amended to read:
SB310,38,1411
230.35
(2d) (a) 2. "Human organ"
has the meaning given for "vascularized
12organ" in s. 157.06 (1) (L) means a heart, lung, liver, pancreas, kidney, intestine, or
13other organ that requires the continuous circulation of blood to remain useful for
14purposes of transplantation.
SB310, s. 8
15Section
8. 252.15 (2) (a) 1. and (am) 1. and 2. and (5) (a) 5. of the statutes are
16amended to read:
SB310,39,317
252.15
(2) (a) 1. Except as provided in subd. 1g., a health care provider who
18procures, processes, distributes or uses a human body part or human tissue
donated
19as specified under s. 157.06 (6) (a) or (b) that is the subject of an anatomical gift under
20157.06 shall, without obtaining consent to the testing, test for the presence of HIV,
21antigen or nonantigenic products of HIV or an antibody to HIV in order to assure
22medical acceptability of the gift for the purpose intended. The health care provider
23shall use as a test for the presence of HIV, antigen or nonantigenic products of HIV
24or an antibody to HIV a test or series of tests that the state epidemiologist finds
25medically significant and sufficiently reliable to detect the presence of HIV, antigen
1or nonantigenic products of HIV or an antibody to HIV. If the validated test result
2of the donor from the test or series of tests performed is positive, the human body part
3or human tissue donated for use or proposed for donation may not be used.
SB310,39,204
(am) 1. A health care provider who procures, processes, distributes or uses
5human sperm
donated as specified under s. 157.06 (6) (a) or (b) that is the subject of
6an anatomical gift under 157.06 shall, prior to the distribution or use and with
7informed consent under the requirements of par. (b), test the proposed donor for the
8presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV in
9order to assure medical acceptability of the gift for the purpose intended. The health
10care provider shall use as a test for the presence of HIV, antigen or nonantigenic
11products of HIV or an antibody to HIV a test or series of tests that the state
12epidemiologist finds medically significant and sufficiently reliable under s. 252.13
13(1r) to detect the presence of HIV, antigen or nonantigenic products of HIV or an
14antibody to HIV. The health care provider shall test the donor initially and, if the
15initial test result is negative, shall perform a 2nd test on a date that is not less than
16180 days from the date of the procurement of the sperm. No person may use the
17donated sperm until the health care provider has obtained the results of the 2nd test.
18If any validated test result of the donor for the presence of HIV, antigen or
19nonantigenic products of HIV or an antibody to HIV is positive, the sperm donated
20for use may not be used and, if donated, shall be destroyed.
SB310,40,221
2. A health care provider who procures, processes, distributes or uses human
22ova
donated as specified under s. 157.06 (6) (a) or (b) that are the subject of an
23anatomical gift under s. 157.06 shall, prior to the distribution or use and with
24informed consent under the requirements of par. (b), test the proposed donor for the
1presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV in
2order to assure medical acceptability of the gift for the purpose intended.
SB310,40,6
3(5) (a) 5. To a health care provider who procures, processes, distributes or uses
4a human body part
donated as specified under s. 157.06 (6) (a) or (b) that is the subject
5of an anatomical gift under s. 157.06, for the purpose of assuring medical
6acceptability of the gift for the purpose intended.
SB310, s. 9
7Section
9. 343.17 (3) (b) of the statutes is amended to read:
SB310,40,148
343.17
(3) (b) The reverse side of the license shall contain an explanation of any
9restriction codes or endorsement abbreviations used on the front of the license, in
10sufficient detail to identify the nature of the restrictions or endorsements to a law
11enforcement officer of this state or another jurisdiction. Except for a commercial
12driver license, a part of the reverse side of each license shall be printed to serve as
13a
document record of gift under s. 157.06 (2)
(b) and (c) (t) or a
document record of
14refusal
to make an anatomical gift under s. 157.06 (2)
(i) (u).
SB310, s. 10
15Section
10. 343.175 (1) of the statutes is amended to read:
SB310,40,2316
343.175
(1) Department to solicit and record information. As part of every
17application for an original, duplicate, reinstated, reissued or renewal license or
18endorsement, the department shall inquire whether the applicant desires to be an
19organ donor. The department shall record the organ donor response in its file of the
20person.
If a procurement organization, as defined in s. 157.06 (2) (p), reasonably
21identifies a person and requests the information recorded in the person's file under
22this subsection, the department shall promptly provide this information to the
23procurement organization.
SB310, s. 11
24Section
11. 343.175 (1r) of the statutes is amended to read:
SB310,41,11
1343.175
(1r) Department to provide information. In addition to the inquiry
2under sub. (1), if the applicant is at least
18 15 and one-half years of age, the
3department shall orally state to the applicant that he or she has the opportunity to
4indicate his or her willingness to be an organ donor. If the applicant indicates that
5he or she is undecided in response to the inquiry under sub. (1), the department shall
6provide the applicant with written information that all organ procurement
7organizations and the department have together developed. If the applicant makes
8an affirmative response to the inquiry under sub. (1), the department shall request
9at that time that the applicant write on the license the information that is specified
10under sub. (2) (ar) and affix a sticker, as described in sub. (3)
(a), to the front side of
11the license document.
SB310, s. 12
12Section
12. 343.175 (2) (title) of the statutes is amended to read:
SB310,41,1313
343.175
(2) (title)
Document Record of gift or refusal.
SB310, s. 13
14Section
13. 343.175 (2) (a) of the statutes is amended to read:
SB310,41,1815
343.175
(2) (a) Except as provided in par. (ag), a part of the reverse side of each
16license shall be printed to serve as a
document record of gift under s. 157.06 (2)
(b)
17and (c) (t) or a
document record of refusal
to make an anatomical gift under s. 157.06
18(2)
(i) (u).
SB310, s. 14
19Section
14. 343.175 (2) (ag) of the statutes is amended to read:
SB310,41,2520
343.175
(2) (ag) The department shall print a separate document to be issued
21to all persons issued a commercial driver license and make provisions so that the
22document may be attached to the reverse side of the license document along one edge.
23This document shall serve as a
document record of gift under s. 157.06 (2)
(b) and (c) 24(t) or a
document record of refusal
to make an anatomical gift under s. 157.06 (2)
(i) 25(u).
SB310, s. 15
1Section
15. 343.175 (3) (a) of the statutes is renumbered 343.175 (3).
SB310, s. 16
2Section
16. 343.175 (3) (b) of the statutes is repealed.
SB310, s. 17
3Section
17. 343.50 (3) of the statutes is amended to read:
SB310,42,124
343.50
(3) Design and contents of card. The card shall be the same size as
5an operator's license but shall be of a design which is readily distinguishable from
6the design of an operator's license and bear upon it the words "IDENTIFICATION
7CARD ONLY". The information on the card shall be the same as specified under s.
8343.17 (3). The card may serve as a
document record of gift under s. 157.06 (2)
(b)
9and (c) (t) and the holder may affix a sticker thereto as provided in s. 343.175 (3).
10The card may also serve as a
document record of refusal
to make an anatomical gift 11under s. 157.06 (2)
(i) (u). The card shall contain the holder's photograph and, if
12applicable, shall be of the design specified under s. 343.17 (3) (a) 12.
SB310, s. 18
13Section
18. 343.50 (4m) (a) of the statutes is amended to read:
SB310,42,2014
343.50
(4m) (a) As part of every application for an identification card, the
15department shall inquire whether the applicant desires to be an organ donor. The
16department shall record the organ donor response in its file of the person.
If a
17procurement organization, as defined in s. 157.06 (2) (p), reasonably identifies a
18person and requests the information recorded in the person's file under this
19paragraph, the department shall promptly provide this information to the
20procurement organization.
SB310, s. 19
21Section
19. 343.50 (4m) (b) of the statutes is amended to read:
SB310,43,722
343.50
(4m) (b) In addition to the inquiry under par. (a), if the applicant is at
23least
18 15 and one-half years of age, the department shall orally state to the
24applicant that he or she has the opportunity to indicate his or her willingness to be
25an organ donor. If the applicant indicates that he or she is undecided in response to
1the inquiry under par. (a), the department shall provide the applicant with written
2information that all organ procurement organizations and the department have
3together developed. If the applicant makes an affirmative response to the inquiry
4under par. (a), the department shall request at that time that the applicant write on
5the identification card the information that is required to make an anatomical gift
6under s. 157.06
(2) (b) and (c) (5) and affix a sticker thereto as provided in s. 343.175
7(3).
SB310, s. 20
8Section
20. 343.50 (8) (b) of the statutes is amended to read:
SB310,43,219
343.50
(8) (b) The department may not disclose any record or other information
10concerning or relating to an applicant or identification card holder to any person
11other than a court, district attorney, county corporation counsel, city, village or town
12attorney, law enforcement agency,
a procurement organization as provided in sub.
13(4m) (a), the applicant or identification card holder or, if the applicant or
14identification card holder is under 18 years of age, his or her parent or guardian.
15Except for photographs disclosed to a law enforcement agency under s. 343.237,
16persons entitled to receive any record or other information under this paragraph
17shall not disclose the record or other information to other persons or agencies. This
18paragraph does not prohibit the disclosure of a person's name or address, of the name
19or address of a person's employer or of financial information that relates to a person
20when requested under s. 49.22 (2m) by the department of workforce development or
21a county child support agency under s. 59.53 (5).
SB310,43,2423
(1) This act first applies to any of the following that occur on the effective date
24of this subsection:
SB310,43,2525
(a) A request that another make an anatomical gift.
SB310,44,1
1(b) The making, amendment, or revocation of an anatomical gift.
SB310,44,22
(c) The refusal to make an anatomical gift.
SB310,44,33
(d) The distribution of a body or part that is the subject of an anatomical gift.
SB310,44,44
(e) The issuance of a driver's license or identification card.