AB659,13,9
1252.14 (2) (intro.) No health care provider, peace officer, fire fighter,
2correctional officer, state patrol officer, jailer or keeper of a jail or person designated
3with custodial authority by the jailer or keeper, home health agency, inpatient health
4care facility, or person who has access to a validated HIV test result may do any of
5the following with respect to an individual who has acquired immunodeficiency
6syndrome or has a positive, validated HIV test for the presence of HIV, antigen or
7nonantigenic products of HIV or an antibody to HIV
result, solely because the
8individual has HIV infection or an illness or medical condition that is caused by,
9arises from, or is related to HIV infection:
AB659, s. 32 10Section 32. 252.14 (2m) of the statutes is created to read:
AB659,13,1311 252.14 (2m) If a person declines to be subjected to an HIV test, a health care
12provider may not use the fact that the person declined an HIV test as a basis for
13denying services or treatment, other than an HIV test, to the person.
AB659, s. 33 14Section 33. 252.14 (3) of the statutes is amended to read:
AB659,13,2215 252.14 (3) A health care provider, home health agency, or inpatient health care
16facility that tests an individual for HIV infection shall provide counseling about HIV
17and referral for appropriate health care and support services as necessary.
A health
18care provider, home health agency, or inpatient health care facility that treats an
19individual who has an HIV infection or acquired immunodeficiency syndrome shall
20develop and follow procedures that shall ensure continuity of care for the individual
21in the event that his or her condition exceeds the scope of licensure or certification
22of the provider, agency, or facility.
AB659, s. 34 23Section 34. 252.14 (4) of the statutes is amended to read:
AB659,14,324 252.14 (4) Any person violating sub. (2) is liable to the patient for actual
25damages and costs, plus exemplary damages of up to $5,000 $10,000 for an

1intentional violation. In determining the amount of exemplary damages, a court
2shall consider the ability of a health care provider who is an individual to pay
3exemplary damages.
AB659, s. 35 4Section 35. 252.15 (title) of the statutes is amended to read:
AB659,14,5 5252.15 (title) Restrictions on use of a an HIV test for HIV.
AB659, s. 36 6Section 36. 252.15 (1) (ab) of the statutes is repealed.
AB659, s. 37 7Section 37. 252.15 (1) (ac) of the statutes is created to read:
AB659,14,88 252.15 (1) (ac) "Authorized representative" means any of the following:
AB659,14,109 1. A health care agent, as defined under s. 155.01 (4), acting in accordance with
10a power of attorney for health care that is in effect under s. 155.05 (2).
AB659,14,1211 2. A person named by the court under ch. 48 or 54 or ch. 880, 2003 stats., having
12the duty and authority of guardianship.
AB659,14,1313 3. A parent or legal custodian of a person who is under 14 years of age.
AB659,14,1614 4. For a person who is unable to communicate due to a medical condition, the
15person's closet living relative or another individual with whom the person has a
16meaningful social and emotional relationship.
AB659, s. 38 17Section 38. 252.15 (1) (am) of the statutes is amended to read:
AB659,14,2018 252.15 (1) (am) "Health care professional" means a physician or physician
19assistant
who is licensed under ch. 448 or a registered nurse or licensed practical
20nurse who is licensed under ch. 441.
AB659, s. 39 21Section 39. 252.15 (1) (d) of the statutes is repealed.
AB659, s. 40 22Section 40. 252.15 (1) (e) of the statutes is repealed.
AB659, s. 41 23Section 41. 252.15 (1) (em) (intro.) of the statutes is amended to read:
AB659,15,3
1252.15 (1) (em) (intro.) "Significantly exposed" "Significant exposure" means
2sustained a contact which that carries a potential for a transmission of HIV, by one
3or more of the following:
AB659, s. 42 4Section 42. 252.15 (1) (fm) of the statutes is amended to read:
AB659,15,95 252.15 (1) (fm) "Universal Standard precautions" means measures that a
6health care provider, an employee of a health care provider or other individual takes
7in accordance with recommendations of the federal centers for disease control for the
8health care provider, employee or other individual for prevention of HIV
9transmission in health-care settings.
AB659, s. 43 10Section 43. 252.15 (2) (title) of the statutes is repealed.
AB659, s. 44 11Section 44. 252.15 (2) (a) (intro.) of the statutes is repealed.
AB659, s. 45 12Section 45. 252.15 (2) (a) 1. of the statutes is renumbered 252.133 (1) and
13amended to read:
AB659,16,214 252.133 (1) Except as provided in subd. 1g. sub. (2), a health care provider, as
15defined in s. 252.15 (1) (ar),
who procures, processes, distributes , or uses a human
16body part or human tissue that is the subject of an anatomical gift under s. 157.06
17shall, without obtaining consent to the testing, have an HIV test for the presence of
18HIV, antigen or nonantigenic products of HIV or an antibody to HIV
performed on
19the donor of the body part or tissue
in order to assure medical acceptability of the gift
20for the purpose intended. The health care provider shall use as a an HIV test for the
21presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV a test
22or series of tests that the state epidemiologist finds medically significant and
23sufficiently reliable to detect the presence of HIV, antigen or nonantigenic products
24of HIV or an antibody to HIV
that yields a validated HIV test result. If the validated
25HIV test result of the donor from the test or series of tests performed is positive, the

1human body part or human tissue donated for use or proposed for donation may not
2be used.
AB659, s. 46 3Section 46. 252.15 (2) (a) 1g. of the statutes is renumbered 252.133 (2) and
4amended to read:
AB659,16,105 252.133 (2) If a medical emergency, as determined by the attending physician
6of a potential donee of a human body part or human tissue and including a threat to
7the preservation of life of the potential donee
, a medical emergency exists under
8which a human body part or human tissue that has been subjected to testing under
9subd. 1. sub. (1) is unavailable, including a threat to the preservation of the the life
10of the potential donee,
the requirement of subd. 1. sub. (1) does not apply.
AB659, s. 47 11Section 47. 252.15 (2) (a) 2. of the statutes is renumbered 252.15 (2m) (b) 1.
12and amended to read:
AB659,16,1913 252.15 (2m) (b) 1. The HIV testing of any body fluid or tissue that is performed
14by the
department, a laboratory certified under 42 USC 263a, or a health care
15provider, blood bank, blood center, or plasma center may, for the purpose of research
16and without first obtaining written consent to the testing, subject any body fluids or
17tissues to a test for the presence of HIV, antigen or nonantigenic products of HIV or
18an antibody to HIV
, if the testing is performed in a manner by which the identity of
19the test subject is not known and may not be retrieved by the researcher.
AB659, s. 48 20Section 48. 252.15 (2) (a) 3. of the statutes is renumbered 252.15 (2m) (b) 2.
21and amended to read:
AB659,17,622 252.15 (2m) (b) 2. The medical director HIV testing of a resident or patient of
23a center for the developmentally disabled, as defined in s. 51.01 (3), or a mental
24health institute, as defined in s. 51.01 (12), may, without obtaining consent to the
25testing, subject a resident or patient of the center or institute to a test for the presence

1of HIV, antigen or nonantigenic products of HIV or an antibody to HIV if he or she

2if the medical director of the center or institute determines that the conduct of the
3resident or patient poses a significant risk of transmitting HIV to another resident
4or patient of the center or institute and if the medical director provides the resident
5or patient, or the resident's or patient's guardian, an explanation of the HIV test
6result
.
AB659, s. 49 7Section 49. 252.15 (2) (a) 4. of the statutes is repealed.
AB659, s. 50 8Section 50. 252.15 (2) (a) 6. of the statutes is renumbered 252.15 (2m) (b) 3.
9and amended to read:
AB659,17,1710 252.15 (2m) (b) 3. A HIV testing by a health care professional acting under
11an order of the court under subd. 7. sub. (5j) or s. 938.296 (4) or (5) or 968.38 (4) or
12(5) may, without first obtaining consent to the testing, subject an individual to a test
13or a series of tests to detect the presence of HIV, antigen or nonantigenic products of
14HIV or an antibody to HIV
. No sample used for laboratory test purposes under this
15subdivision may disclose the name of the HIV test subject, and, notwithstanding sub.
16(4) (c),
the HIV test results may not be made part of the individual's permanent
17medical record.
AB659, s. 51 18Section 51. 252.15 (2) (a) 7. a. of the statutes is renumbered 252.15 (5g) (a) 1.
19and amended to read:
AB659,18,220 252.15 (5g) (a) 1. If all of the conditions under subd. 7. ai. to c. are met, an The
21person is an
emergency medical technician; first responder; fire fighter; peace officer;
22correctional officer; person who is employed at a juvenile correctional facility, as
23defined in s. 938.02 (10p), or a secured residential care center for children and youth,
24as defined in s. 938.02 (15g); state patrol officer; jailer, keeper of a jail, or person

1designated with custodial authority by the jailer or keeper , and the contact occurred
2during the course of the person providing care or services to an the individual;.
AB659,18,6 32. The person is a peace officer, correctional officer, state patrol officer, jailer,
4or keeper of a jail, or person designated with custodial authority by the jailer or
5keeper, and the contact occurred while the person was searching or arresting an the
6individual or while controlling or transferring an the individual in custody;.
AB659,18,10 73. The person is a health care provider or an employee of a health care provider,
8and the contact occurred during the course of the person providing care or treatment
9to an the individual or handling or processing specimens of body fluids or tissues of
10an the individual;.
AB659,18,13 114. The person is a staff member of a state crime laboratory, and the contact
12occurred
during the course of the person handling or processing specimens of body
13fluids or tissues of an the individual ;.
AB659,18,21 145. The person is a social worker; or an employee of a school district, cooperative
15educational service agency, charter school, private school, the Wisconsin
16Educational Services Program for the Deaf and Hard of Hearing, or the Wisconsin
17Center for the Blind and Visually Impaired, and the contact occurred while the
18person was
performing employment duties involving an the individual; who is
19significantly exposed to the individual may subject the individual's blood to a test or
20a series of tests for the presence of HIV, antigen or nonantigenic products of HIV or
21an antibody to HIV and may receive disclosure of the results
.
AB659, s. 52 22Section 52. 252.15 (2) (a) 7. ai. of the statutes is renumbered 252.15 (5g) (b)
23and amended to read:
AB659,19,624 252.15 (5g) (b) The affected person uses universal If the contact occurs as
25provided under par. (a) 1. to 5., the entity that employs or contracts with the person

1to provide the services described under par. (a) 1. to 5. requires, as a general policy,
2that standard
precautions, if any, against significant exposure, and was using
3universal precautions at the time that he or she was significantly exposed
be taken
4during provision of the services
, except in those emergency circumstances in which
5the time necessary for use of the universal standard precautions would endanger the
6life of the individual.
AB659, s. 53 7Section 53. 252.15 (2) (a) 7. ak. of the statutes is renumbered 252.15 (5g) (c)
8and amended to read:
AB659,19,259 252.15 (5g) (c) A physician, physician assistant, or advanced practice nurse
10prescriber, based on information provided to the physician, physician assistant, or
11advanced practice nurse prescriber, determines and certifies in writing that the
12affected person has been significantly exposed had contact that constitutes a
13significant exposure
. The certification shall accompany the request for HIV testing
14and disclosure. If the affected person who is significantly exposed is a physician,
15physician assistant,
or advanced practice nurse prescriber, he or she may not make
16this determination or certification. The information that is provided to a physician,
17physician assistant,
or advanced practice nurse prescriber to document the
18occurrence of the contact that constitutes a significant exposure and the physician's,
19physician assistant's,
or advanced practice nurse prescriber's certification that an
20affected
the person has been significantly exposed, under this subd. 7. ak. had
21contact that constitutes a significant exposure
, shall be provided on a report form
22that is developed by the department of commerce under s. 101.02 (19) (a) or on a
23report form that the department of commerce determines, under s. 101.02 (19) (b),
24is substantially equivalent to the report form that is developed under s. 101.02 (19)
25(a).
AB659, s. 54
1Section 54. 252.15 (2) (a) 7. am. of the statutes is renumbered 252.15 (5g) (d)
2and amended to read:
AB659,20,73 252.15 (5g) (d) The affected person submits to a an HIV test for the presence
4of HIV, antigen or nonantigenic products of HIV or an antibody to HIV,
as soon as
5feasible or within a time period established by the department after consulting
6guidelines of the centers for disease control of the federal public health service,
7whichever is earlier.
AB659, s. 55 8Section 55. 252.15 (2) (a) 7. ap. of the statutes is renumbered 252.15 (5g) (e)
9and amended to read:
AB659,20,1310 252.15 (5g) (e) Except as provided in subd. 7. av. to c. sub. (5j), the HIV test is
11performed on blood of the individual that is drawn for a purpose other than HIV
12testing for the presence of HIV, antigen or nonantigenic products of HIV or an
13antibody to HIV
.
AB659, s. 56 14Section 56. 252.15 (2) (a) 7. ar. of the statutes is renumbered 252.15 (5g) (f)
15and amended to read:
AB659,20,1816 252.15 (5g) (f) The individual, if capable of consenting, has been given an
17opportunity to be tested with his or her consent subjected to an HIV test in
18accordance with the conditions under sub. (2m) (a)
and has not consented declined.
AB659, s. 57 19Section 57. 252.15 (2) (a) 7. at. of the statutes is renumbered 252.15 (5g) (g)
20(intro.) and amended to read:
AB659,20,2221 252.15 (5g) (g) (intro.) The individual has been informed that of all of the
22following:
AB659,20,24 231. That an HIV test may be performed on his or her blood may be tested for the
24presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV; that
.
AB659,21,4
12. That the HIV test results may be disclosed to no one, including that
2individual, without his or her consent, except to
the person who is certified to have
3been significantly exposed; that,
and the person's physician, physician assistant, or
4nurse.
AB659,21,7 54. That, if the person knows the identity of the individual, he or she the person
6may not disclose the identity to any other person except for the purpose of having the
7HIV test or series of tests performed ; and that.
AB659,21,9 85. That a record may be kept of the HIV test results only if the record does not
9reveal the individual's identity.
AB659, s. 58 10Section 58. 252.15 (2) (a) 7. av. of the statutes is renumbered 252.15 (5j) (a)
11and amended to read:
AB659,21,2212 252.15 (5j) (a) If blood that is specified in subd. 7. ap. is unavailable, the person
13who is certified under subd. 7. ak. to have been significantly exposed
A person who
14may cause an individual to be subjected to HIV testing under sub. (5g)
may request
15the district attorney to apply to the circuit court for his or her county to order the
16individual to submit to a an HIV test or a series of tests for the presence of HIV,
17antigen or nonantigenic products of HIV or an antibody to HIV and to disclose the
18results to that person
if no blood of the individual that was drawn for a purpose other
19than HIV testing is available for HIV testing
. The A person who is certified under
20subd. 7. ak. to have been significantly exposed making a request to a district attorney
21under this paragraph
shall accompany the request with provide the district attorney
22the certification under subd. 7. ak sub. (5g) (c).
AB659, s. 59 23Section 59. 252.15 (2) (a) 7. b. of the statutes is renumbered 252.15 (5j) (b) and
24amended to read:
AB659,22,6
1252.15 (5j) (b) Upon receipt of a request and certification under the
2requirements of this subdivision
par. (a), a district attorney shall, as soon as possible
3so as to enable the court to provide timely notice, apply to the circuit court for his or
4her county to order the individual to submit to a an HIV test or a series of tests as
5specified in subd. 7. a.,
administered by a health care professional , and to disclose
6the results of the test
or tests as specified in subd. 7. c.
AB659, s. 60 7Section 60. 252.15 (2) (a) 7. c. of the statutes is renumbered 252.15 (5j) (c) and
8amended to read:
AB659,22,249 252.15 (5j) (c) The court shall set a time for a hearing on the matter under subd.
107. a.
this subsection within 20 days after receipt of a request under subd. 7. b par. (b).
11The court shall give the district attorney and the individual from whom a an HIV
12test is sought notice of the hearing at least 72 hours prior to the hearing. The
13individual may have counsel at the hearing, and counsel may examine and
14cross-examine witnesses. If the court finds probable cause to believe that the person
15who requested a court order for testing has had contact with body fluid of the

16individual has significantly exposed the affected person that constitutes a significant
17exposure
, the court shall, except as provided in subd. 7. d. par. (d), order the
18individual to submit to a an HIV test or a series of tests for the presence of HIV,
19antigen or nonantigenic products of HIV or an antibody to HIV. The court shall
20require the health care professional who performs the test or series of tests to refrain
21from disclosing the test results to the individual and to disclose the test results to the

22affected person and his or her health care professional. No sample used for
23laboratory test purposes under this subd. 7. c. paragraph may disclose the name of
24the HIV test subject.
AB659, s. 61
1Section 61. 252.15 (2) (a) 7. d. of the statutes is renumbered 252.15 (5j) (d) and
2amended to read:
AB659,23,53 252.15 (5j) (d) The court is not required to order the an individual to submit
4to a an HIV test under subd. 7. c. par. (c) if the court finds substantial reason relating
5to the life or health of the individual not to do so and states the reason on the record.
AB659, s. 62 6Section 62. 252.15 (2) (a) 7m. of the statutes is renumbered 252.15 (3m) (f) and
7amended to read:
AB659,23,108 252.15 (3m) (f) The test results of an HIV test of an individual that is performed
9under subd. 7. sub. (5g) or (5j) may be disclosed only to the individual, if he or she
10so consents, to anyone
the following:
AB659,23,11 112. Anyone authorized by the individual and to the affected subject of the test.
AB659,23,17 123. The person who was certified to have been significantly exposed. A record
13may be retained of the test results only if the record does not reveal the individual's
14identity. If the affected person knows the identity of the individual whose blood was
15tested, he or she may not disclose the identity to any other person except for the
16purpose of having the test or series of tests performed
had contact that constitutes
17a significant exposure and to that person's physician, physician assistant, or nurse
.
AB659, s. 63 18Section 63. 252.15 (2) (am) of the statutes is repealed.
AB659, s. 64 19Section 64. 252.15 (2) (b) of the statutes is repealed.
AB659, s. 65 20Section 65. 252.15 (2) (bm) of the statutes is repealed.
AB659, s. 66 21Section 66. 252.15 (2m) (title) of the statutes is created to read:
AB659,23,2222 252.15 (2m) (title) Consent for HIV testing.
AB659, s. 67 23Section 67. 252.15 (2m) (a) of the statutes is created to read:
AB659,24,3
1252.15 (2m) (a) Except as provided in par. (b), and subject to par. (c), a health
2care provider, blood bank, blood center, or plasma center may not subject a person
3to an HIV test unless all of the following conditions are satisfied:
AB659,24,84 1. The health care provider, blood bank, blood center, or plasma center notifies
5the person or the person's authorized representative that the person or the person's
6authorized representative may decline the HIV test and that the person will be
7subjected to an HIV test unless the person or the person's authorized representative
8declines the test.
AB659,24,159 2. The health care provider, blood bank, blood center, or plasma center offers
10the person or the person's authorized representative a brief oral or written
11explanation or description of HIV infection; HIV test results; requirements under
12subs. (7) (b) and (7m) for reporting HIV test results; treatment options for a person
13who has a positive HIV test result; and AIDS service organizations, as defined in s.
14252.12 (1) (b), and the services they provide to persons who have a positive HIV test
15result.
AB659,24,2116 3. If a health care provider offers to perform an HIV test, the health care
17provider notifies the person or the person's authorized representative that if the
18person or the person's authorized representative declines to have an HIV test
19performed, the health care provider may not use the fact that the person declined an
20HIV test as a basis for denying services or treatment, other than an HIV test, to the
21person.
AB659,24,2422 4. The health care provider, blood bank, blood center, or plasma center provides
23the person or the person's authorized representative an opportunity to ask questions
24and to decline the HIV test.
AB659,25,6
15. After complying with applicable conditions under subds. 1. to 4., the health
2care provider, blood bank, blood center, or plasma center verifies that the person or
3or the person's authorized representative understands that an HIV test will be
4performed on the person and that the decision of the person or the person's
5authorized representative regarding whether to have an HIV test performed is not
6coerced or involuntary.
AB659, s. 68 7Section 68. 252.15 (2m) (b) (intro.) of the statutes is created to read:
AB659,25,88 252.15 (2m) (b) Paragraph (a) does not apply to any of the following:
AB659, s. 69 9Section 69. 252.15 (2m) (b) 4. of the statutes is created to read:
AB659,25,1110 252.15 (2m) (b) 4. HIV testing in cases of significant exposure, as provided
11under sub. (5g) or (5j).
AB659, s. 70 12Section 70. 252.15 (2m) (b) 5. of the statutes is created to read:
AB659,25,1413 252.15 (2m) (b) 5. HIV testing of a donor of a human body part or human tissue
14that is required under s. 252.133.
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