AB659, s. 106 9Section 106. 252.15 (5g) (intro.) and (a) of the statutes are created to read:
AB659,34,1310 252.15 (5g) Significant exposure. A person who has contact with body fluid
11of an individual that constitutes a significant exposure may cause the individual to
12be subjected to HIV testing and receive the results of the HIV test under sub. (3m)
13(e) if all of the following apply:
AB659,34,1414 (a) The contact occurred under one of the following circumstances:
AB659, s. 107 15Section 107. 252.15 (5g) (a) 6. of the statutes is created to read:
AB659,34,1816 252.15 (5g) (a) 6. While the person rendered emergency care at the scene of an
17emergency or accident, if the person is immune from civil liability for rendering the
18care under s. 895.48 or 895.4802 (2).
AB659, s. 108 19Section 108. 252.15 (5g) (g) 3. of the statutes is created to read:
AB659,34,2120 252.15 (5g) (g) 3. That, except as provided in subd. 2., the HIV test may not be
21disclosed to any person.
AB659, s. 109 22Section 109. 252.15 (5j) (title) of the statutes is created to read:
AB659,34,2323 252.15 (5j) (title) Court order for HIV testing.
AB659, s. 110 24Section 110. 252.15 (5m) (title) of the statutes is amended to read:
AB659,34,2525 252.15 (5m) (title) Autopsies; HIV testing of certain corpses.
AB659, s. 111
1Section 111. 252.15 (5m) (intro.) of the statutes is renumbered 252.15 (5m) (d)
2(intro.) and amended to read:
AB659,35,83 252.15 (5m) (d) (intro.) Notwithstanding s. 157.05, a corpse may be subjected
4to a an HIV test for the presence of HIV, antigen or nonantigenic products of HIV
5or an antibody to HIV
and the test results disclosed to the a person who has been
6significantly exposed under any of
contact that constitutes a significant exposure
7with body fluid of the corpse or an individual who subsequently dies, if all of
the
8following conditions apply:
AB659, s. 112 9Section 112. 252.15 (5m) (a) of the statutes is renumbered 252.15 (5m) (d) 1.
10a. and amended to read:
AB659,35,2311 252.15 (5m) (d) 1. a. If a While the person, including a person exempted from
12civil liability under the conditions specified under s. 895.48, or 895.4802, or 895.4803,
13who (2) renders to the victim of an emergency or accident emergency care during the
14course of which the emergency caregiver is significantly exposed
to the an emergency
15or accident victim and the emergency or accident victim subsequently dies prior to
16testing for the presence of performance of an HIV, antigen or nonantigenic products
17of HIV, or an antibody to HIV; if a physician or advanced practice nurse prescriber,
18based on information provided to the physician or advanced practice nurse
19prescriber, determines and certifies in writing that the emergency caregiver has
20been significantly exposed; and if the certification accompanies the request for
21testing and disclosure. Testing of a corpse under this paragraph shall be ordered by
22the coroner, medical examiner, or physician who certifies the victim's cause of death
23under s. 69.18 (2) (b), (c) or (d)
test on the victim.
AB659, s. 113 24Section 113. 252.15 (5m) (b) of the statutes is renumbered 252.15 (5m) (d) 1.
25b. and amended to read:
AB659,36,12
1252.15 (5m) (d) 1. b. If The person is a funeral director, coroner, medical
2examiner, or appointed assistant to a coroner or medical examiner who and the
3contact occurs while the person
prepares the corpse of a decedent for burial or other
4disposition or a while the person who performs an autopsy or assists in performing
5an autopsy is significantly exposed to on the corpse; if a physician or advanced
6practice nurse prescriber, based on information provided to the physician or
7advanced practice nurse prescriber, determines and certifies in writing that the
8funeral director, coroner, medical examiner, or appointed assistant has been
9significantly exposed; and if the certification accompanies the request for testing and
10disclosure. Testing of a corpse under this paragraph shall be ordered by the
11attending physician or advanced practice nurse prescriber of the funeral director,
12coroner, medical examiner, or appointed assistant who is so exposed
.
AB659, s. 114 13Section 114. 252.15 (5m) (c) of the statutes is renumbered 252.15 (5m) (d) 1.
14c. and amended to read:
AB659,37,215 252.15 (5m) (d) 1. c. If The person is a health care provider or an agent or
16employee of a health care provider is significantly exposed to and the person has
17contact with body fluid of
the corpse, or to of a patient who dies subsequent to the
18exposure contact and prior to testing for the presence performance of an HIV, antigen
19or nonantigenic products of HIV, or an antibody to HIV; if a physician or advanced
20practice nurse prescriber who is not the health care provider, based on information
21provided to the physician or advanced practice nurse prescriber, determines and
22certifies in writing that the health care provider, agent or employee has been
23significantly exposed; and if the certification accompanies the request for testing and
24disclosure. Testing of a corpse under this paragraph shall be ordered by the

1physician or advanced practice nurse prescriber who certifies that the significant
2exposure has occurred
test on the patient.
AB659, s. 115 3Section 115. 252.15 (5m) (d) 1. (intro.) of the statutes is created to read:
AB659,37,44 252.15 (5m) (d) 1. The contact occurs under any of the following circumstances:
AB659, s. 116 5Section 116. 252.15 (5m) (d) 2. and 3. of the statutes are created to read:
AB659,37,116 252.15 (5m) (d) 2. A physician, physician assistant, or advanced practice nurse
7prescriber, based on information provided to the physician, physician assistant, or
8advanced practice nurse prescriber, determines and certifies in writing that the
9contact under subd. 1. constitutes a significant exposure. A health care provider who
10as a contact under par. (d) 1. c. may not make the certification under this subdivision
11for himself or herself.
AB659,37,1312 3. The certification under subd. 2. accompanies the request for performance of
13an HIV test and disclosure.
AB659, s. 117 14Section 117. 252.15 (5m) (e) of the statutes is created to read:
AB659,37,1615 252.15 (5m) (e) If the conditions under par. (d) are satisfied, the following
16person shall order an HIV test of the corpse:
AB659,37,1917 1. If the contact occurs as provided under par. (d) 1. a., the coroner, medical
18examiner, or physician who certifies the victim's cause of death under s. 69.18 (2) (b),
19(c), or (d).
AB659,37,2220 2. If the contact occurs as provided under par. (d) 1. b., the attending physician
21or advanced practice nurse prescriber of the funeral director, coroner, medical
22examiner, or appointed assistant.
AB659,37,2423 3. If the contact occurs as provided under (d) 1. c., the physician or advanced
24practice nurse prescriber who makes the certification under par. (d) 2.
AB659, s. 118 25Section 118. 252.15 (6) of the statutes is amended to read:
AB659,38,5
1252.15 (6) Expanded disclosure of HIV test results prohibited. No person
2to whom the results of a an HIV test for the presence of HIV, antigen or nonantigenic
3products of HIV or an antibody to HIV
have been disclosed under sub. (5) (a) (3m) (a),
4(b), (d), or (e)
or (5m) may disclose the test results except as authorized under sub.
5(5) (a) (3m) (a), (b), (d), or (e) or (5m).
AB659, s. 119 6Section 119. 252.15 (7) (title) of the statutes is amended to read:
AB659,38,77 252.15 (7) (title) Reporting of positive HIV test results.
AB659, s. 120 8Section 120. 252.15 (7) (a) of the statutes is amended to read:
AB659,38,159 252.15 (7) (a) Notwithstanding ss. 227.01 (13) and 227.10 (1), for the purposes
10of this subsection, the state epidemiologist shall determine, based on the
11preponderance of available scientific evidence, the procedures necessary in this state
12to obtain a validated HIV test result and the secretary shall so declare under s.
13250.04 (1) or (2) (a). The state epidemiologist shall revise this determination if, in
14his or her opinion, changed available scientific evidence warrants a revision, and the
15secretary shall declare the revision under s. 250.04 (1) or (2) (a).
AB659, s. 121 16Section 121. 252.15 (7) (b) (intro.) of the statutes is amended to read:
AB659,38,2017 252.15 (7) (b) (intro.) If a positive, validated HIV test result is obtained from
18 a an HIV test subject, the health care provider, blood bank, blood center, or plasma
19center that maintains a record of the HIV test results result under sub. (4) (c) shall
20report to the state epidemiologist the following information:
AB659, s. 122 21Section 122. 252.15 (7) (b) 4. of the statutes is amended to read:
AB659,38,2222 252.15 (7) (b) 4. The date on which the HIV test was performed.
AB659, s. 123 23Section 123. 252.15 (7) (b) 5. of the statutes is amended to read:
AB659,38,2424 252.15 (7) (b) 5. The HIV test result.
AB659, s. 124 25Section 124. 252.15 (7) (b) 5m. of the statutes is created to read:
AB659,39,1
1252.15 (7) (b) 5m. The mode of transmission of HIV to the test subject.
AB659, s. 125 2Section 125. 252.15 (7) (c) 1. of the statutes is amended to read:
AB659,39,43 252.15 (7) (c) 1. Information with respect to the sexual orientation of the HIV
4test subject.
AB659, s. 126 5Section 126. 252.15 (7) (c) 2. of the statutes is amended to read:
AB659,39,76 252.15 (7) (c) 2. The identity of persons with whom the HIV test subject may
7have had sexual contact.
AB659, s. 127 8Section 127. 252.15 (7m) of the statutes is amended to read:
AB659,39,179 252.15 (7m) Reporting of persons significantly exposed. If a positive,
10validated HIV test result is obtained from a test subject, the test subject's physician,
11physician assistant,
or advanced practice nurse prescriber who maintains a record
12of the HIV test result under sub. (4) (c) may report to the state epidemiologist the
13name of any person known to the physician, physician assistant, or advanced
14practice nurse prescriber to have been significantly exposed to had contact with body
15fluid of
the test subject that constitutes a significant exposure, only after the
16physician, physician assistant, or advanced practice nurse prescriber has done all of
17the following:
AB659,39,2018 (a) Counseled the HIV test subject to inform any person who has been
19significantly exposed to
had contact with body fluid of the test subject that
20constitutes a significant exposure
.
AB659,39,2421 (b) Notified the HIV test subject that the name of any person known to the
22physician, physician assistant, or advanced practice nurse prescriber to have been
23significantly exposed
to had contact with body fluid of the test subject that
24constitutes a significant exposure
will be reported to the state epidemiologist.
AB659, s. 128 25Section 128. 252.15 (7r) of the statutes is created to read:
AB659,40,5
1252.15 (7r) Explanation of HIV for test subjects. The department shall
2provide to health care providers, blood banks, blood centers, and plasma centers a
3brief explanation or description of all of the following that a health care provider,
4blood bank, blood center, or plasma center may provide prospective HIV test subjects
5under sub. (2m) (a) 3.:
AB659,40,66 (a) HIV infection.
AB659,40,77 (b) HIV test results.
AB659,40,88 (c) Requirements under subs. (7) (b) and (7m) for reporting HIV test results.
AB659,40,99 (d) Treatment options for a person who has a positive HIV test result.
AB659,40,1110 (e) AIDS service organizations, as defined in s. 252.12 (1) (b) and the services
11they provide to persons who have a positive HIV test result.
AB659, s. 129 12Section 129. 252.15 (8) of the statutes is amended to read:
AB659,40,1713 252.15 (8) Civil liability. (a) Any person violating sub. (2), (5) (a) (2m), (3m)
14(b), (d), or (f)
, (5m), (6) or (7) (c) is liable to the subject of the test for actual damages,
15costs and reasonable actual attorney fees, plus exemplary damages of up to $1,000
16$2,000 for a negligent violation and up to $25,000 $50,000 for an intentional
17violation.
AB659,40,2218 (b) The plaintiff in an action under par. (a) has the burden of proving by a
19preponderance of the evidence that a violation occurred under sub. (2), (5) (a) (2m),
20(3m) (b), (d), or (f)
, (5m), (6) or (7) (c). A conviction under sub. (2), (5) (a) (2m), (3m)
21(b), (d), or (f)
, (5m), (6) or (7) (c) is not a condition precedent to bringing an action
22under par. (a).
AB659, s. 130 23Section 130. 252.15 (9) of the statutes is amended to read:
AB659,41,924 252.15 (9) Penalties. Whoever intentionally discloses the results of a blood
25an HIV test in violation of sub. (2) (a) 7m., (5) (a) (3m) (b) or (f) or (5m) and thereby

1causes bodily harm or psychological harm to the subject of the HIV test may be fined
2not more than $25,000 $50,000 or imprisoned not more than 9 months or both.
3Whoever negligently discloses the results of a blood an HIV test in violation of sub.
4(2) (a) 7m., (5) (a) (3m) (b) or (f) or (5m) is subject to a forfeiture of not more than
5$1,000 $2,000 for each violation. Whoever intentionally discloses the results of a
6blood
an HIV test in violation of sub. (2) (a) 7m., (5) (a) sub. (3m) (b) or (f) or (5m),
7knowing that the information is confidential, and discloses the information for
8pecuniary gain may be fined not more than $100,000 $200,000 or imprisoned not
9more than 3 years and 6 months, or both.
AB659, s. 131 10Section 131. 256.15 (12) (a) of the statutes, as affected by 2009 Wisconsin Act
1128
, is amended to read:
AB659,41,1912 256.15 (12) (a) All records made by an ambulance service provider, an
13emergency medical technician or a first responder in administering emergency care
14procedures to and handling and transporting sick, disabled or injured individuals
15shall be maintained as confidential patient health care records subject to s. 252.15
16(5) (a) (intro.) (3m), (6), (8) and (9), if applicable. Nothing in this paragraph or ss.
17146.81 to 146.84 permits disclosure to an ambulance service provider, an emergency
18medical technician or a first responder under s. 252.15 (5) (a) (3m), except under s.
19252.15 (5) (a) 11 (3m) (e).
AB659, s. 132 20Section 132. 440.20 (4) of the statutes is amended to read:
AB659,42,221 440.20 (4) In addition to any grounds for discipline specified in chs. 440 to 480,
22the department or appropriate examining board, affiliated credentialing board or
23board in the department may reprimand the holder of a credential or deny, limit,
24suspend or revoke the credential of any person who intentionally violates s. 252.14

1(2) or intentionally discloses the results of a blood test in violation of s. 252.15 (5) (a)
2(3m) (b) or (f) or (5m).
AB659, s. 133 3Section 133. 631.90 (1) of the statutes is amended to read:
AB659,42,64 631.90 (1) In this section, "HIV test" means any strain of human
5immunodeficiency virus, which causes acquired immunodeficiency syndrome
has
6the meaning given in s. 252.01 (2m)
.
AB659, s. 134 7Section 134. 631.90 (2) (a) of the statutes is amended to read:
AB659,42,118 631.90 (2) (a) Require or request directly or indirectly any individual to reveal
9whether the individual has obtained a an HIV test for the presence of HIV, antigen
10or nonantigenic products of HIV or an antibody to HIV
or what the results of this test,
11if obtained by the individual, were.
AB659, s. 135 12Section 135. 631.90 (2) (b) of the statutes is amended to read:
AB659,42,1613 631.90 (2) (b) Condition the provision of insurance coverage on whether an
14individual has obtained a an HIV test for the presence of HIV, antigen or
15nonantigenic products of HIV or an antibody to HIV
or what the results of this test,
16if obtained by the individual, were.
AB659, s. 136 17Section 136. 631.90 (2) (c) of the statutes is amended to read:
AB659,42,2118 631.90 (2) (c) Consider in the determination of rates or any other aspect of
19insurance coverage provided to an individual whether an individual has obtained a
20an HIV test for the presence of HIV, antigen or nonantigenic products of HIV or an
21antibody to HIV
or what the results of this test, if obtained by the individual, were.
AB659, s. 137 22Section 137. 631.90 (3) (a) of the statutes is amended to read:
AB659,43,423 631.90 (3) (a) Subsection (2) does not apply with regard to any an HIV test or
24series of tests
for use in the underwriting of individual life, accident and health
25insurance policies that the person designated by the secretary of health services as

1the state epidemiologist finds medically significant and sufficiently reliable for the
2presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV and

3that the commissioner finds and designates by rule as sufficiently reliable for use in
4the underwriting of individual life, accident and health insurance policies.
AB659, s. 138 5Section 138. 631.90 (3) (b) of the statutes is amended to read:
AB659,43,86 631.90 (3) (b) Paragraph (a) does not authorize the use of any an HIV test or
7series of tests for the presence of HIV, antigen or nonantigenic products of HIV or an
8antibody to HIV
to discriminate in violation of s. 628.34 (3).
AB659, s. 139 9Section 139. 901.05 (2) (intro.) of the statutes is amended to read:
AB659,43,1710 901.05 (2) (intro.) Except as provided in sub. (3), the results of a test or tests
11for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to
12HIV
an HIV test, as defined in s. 252.01 (2m), are not admissible during the course
13of a civil or criminal action or proceeding or an administrative proceeding, as
14evidence of a person's character or a trait of his or her character for the purpose of
15proving that he or she acted in conformity with that character on a particular
16occasion unless the evidence is admissible under s. 904.04 (1) or 904.05 (2) and unless
17the following procedures are used:
AB659, s. 140 18Section 140. 938.296 (1) (bm) of the statutes is created to read:
AB659,43,1919 938.296 (1) (bm) "HIV test" has the meaning given in s. 252.01 (2m).
AB659, s. 141 20Section 141. 938.296 (1) (d) of the statutes is amended to read:
AB659,43,2221 938.296 (1) (d) "Significantly exposed" "Significant exposure" has the meaning
22given in s. 252.15 (1) (em).
AB659, s. 142 23Section 142. 938.296 (2) (intro.) of the statutes is amended to read:
AB659,44,824 938.296 (2) Sexually transmitted disease and HIV testing. (intro.) In a
25proceeding under s. 938.12 or 938.13 (12) in which the juvenile is alleged to have

1violated s. 940.225, 948.02, 948.025, 948.05, 948.06, or 948.085 (2), the district
2attorney or corporation counsel shall apply to the court for an order requiring the
3juvenile to submit to a an HIV test and a test or a series of tests administered by
4a health care professional
to detect the presence of HIV, antigen or nonantigenic
5products of HIV, an antibody to HIV or
a sexually transmitted disease, each of which
6tests shall be administered by a health care professional,
and to disclose the results
7of that test or series of those tests as specified in sub. (4) (a) to (e), if all of the following
8apply:
AB659, s. 143 9Section 143. 938.296 (2) (b) of the statutes is amended to read:
AB659,44,1510 938.296 (2) (b) The district attorney or corporation counsel has probable cause
11to believe that the juvenile has significantly exposed the victim or alleged victim has
12had contact with body fluid of the juvenile that constitutes a significant exposure
.
13If the juvenile is adjudicated delinquent, is found to be in need of protection or
14services or is found not responsible by reason of mental disease or defect under s.
15938.30 (5), this paragraph does not apply.
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