AB659, s. 64 19Section 64. 252.15 (2) (b) of the statutes is repealed.
AB659, s. 65 20Section 65. 252.15 (2) (bm) of the statutes is repealed.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.
AB659, s. 71 15Section 71. 252.15 (2m) (c) of the statutes is created to read:
AB659,25,2016 252.15 (2m) (c) If the subject of an HIV test is a minor who is 14 years of age
17or older, a health care provider, blood bank, blood center, or plasma center shall
18provide the notifications and offer the information under par. (a) 1. to 4. to the minor
19or his or her authorized representative, and only the minor or his or authorized
20representative may consent to or decline an HIV test under par. (a).
AB659, s. 72 21Section 72. 252.15 (2r) of the statutes is created to read:
AB659,25,2422 252.15 (2r) Prohibition against conditioning HIV testing on disclosure. A
23health care provider may not require a person to authorize disclosure of HIV test
24results as a condition of administering an HIV test to the person.
AB659, s. 73 25Section 73. 252.15 (3) of the statutes is repealed.
AB659, s. 74
1Section 74. 252.15 (3m) (b) 1. to 7. of the statutes are created to read:
AB659,26,22 252.15 (3m) (b) 1. The name of the subject of the HIV test.
AB659,26,33 2. Specification of the information that may be disclosed.
AB659,26,44 3. The name of the person authorized to make the disclosure.
AB659,26,55 4. The name of the person to whom the disclosure is authorized.
AB659,26,76 5. The signature of the subject of the HIV test or the signature of the subject's
7authorized representative.
AB659,26,88 6. The date the authorization is signed as provided under subd. 5.
AB659,26,99 7. The time period during which the authorization for disclosure is effective.
AB659, s. 75 10Section 75. 252.15 (3m) (c) of the statutes is created to read:
AB659,26,1411 252.15 (3m) (c) If the subject of an HIV test is a minor who is 14 years of age
12or older, only the minor or his or her authorized representative may exercise the test
13subject's authority to disclose HIV test results under par. (a) or to authorize
14disclosure of HIV test results under par. (b).
AB659, s. 76 15Section 76. 252.15 (3m) (d) (intro.) of the statutes is created to read:
AB659,26,2016 252.15 (3m) (d) (intro.) Except as provided under par. (f), a person who is
17neither the subject of an HIV test nor the subject's authorized representative may
18without written authorization from the test subject or authorized representative
19under par. (b) disclose the subject's HIV test results to the following persons under
20the following circumstances:
AB659, s. 77 21Section 77. 252.15 (3m) (e) of the statutes is created to read:
AB659,26,2522 252.15 (3m) (e) The health care professional who performs an HIV test under
23sub. (5g) or (5j) on behalf of a person who has contact with body fluids of the test
24subject that constitutes as significant exposure shall disclose the HIV test results to
25the person and the person's physician, physician assistant, or nurse.
AB659, s. 78
1Section 78. 252.15 (3m) (f) 1. of the statutes is created to read:
AB659,27,22 252.15 (3m) (f) 1. The subject of the test.
AB659, s. 79 3Section 79. 252.15 (3m) (g) of the statutes is created to read:
AB659,27,84 252.15 (3m) (g) A person who was certified to have had contact with body fluid
5of an individual that constitutes a significant exposure and has the individual's blood
6subjected to an HIV test under sub. (5g) or (5j) may not disclose the identity of the
7test subject to any other person except for the purpose of having the HIV test
8performed.
AB659, s. 80 9Section 80. 252.15 (4) (intro.) of the statutes is amended to read:
AB659,27,1510 252.15 (4) Record maintenance. (intro.) A health care provider, blood bank,
11blood center, or plasma center that obtains from a person a specimen of body fluids
12or tissues from a person for the purpose of testing for the presence of HIV, antigen
13or nonantigenic products of HIV or an antibody to
an HIV test, or offers to subject
14a person to an HIV test,
shall maintain in the person's health care record all of the
15following
:
AB659, s. 81 16Section 81. 252.15 (4) (a) of the statutes is repealed.
AB659, s. 82 17Section 82. 252.15 (4) (b) of the statutes is repealed and recreated to read:
AB659,27,1918 252.15 (4) (b) A record of whether the person or his or her authorized
19representative consented to or declined the HIV test under sub. (2m) (a).
AB659, s. 83 20Section 83. 252.15 (4) (bm) of the statutes is created to read:
AB659,27,2321 252.15 (4) (bm) A record of any authorization for disclosure of HIV test results
22that the person or his or her authorized representative has made as provided under
23sub. (3m) (b).
AB659, s. 84 24Section 84. 252.15 (4) (c) of the statutes is amended to read:
AB659,28,6
1252.15 (4) (c) Maintain a A record of the test results obtained. A record that
2is made under the circumstances described in sub. (2) (a) 7m. may not reveal the
3identity of the test subject
of an HIV test administered to the person, except that
4results of an HIV test administered under sub. (5g) or (5j) or s. 938.296 (4) or (5) or
5968.38 (4) or (5) that include the identity of the test subject may not be maintained
6without the consent of the test subject
.
AB659, s. 85 7Section 85. 252.15 (5) (title) of the statutes is renumbered 252.15 (3m) (title)
8and amended to read:
AB659,28,99 252.15 (3m) (title) Confidentiality and disclosure of HIV test results.
AB659, s. 86 10Section 86. 252.15 (5) (a) (intro.) of the statutes is renumbered 252.15 (3m)
11(a) and amended to read:
AB659,28,1712 252.15 (3m) (a) An individual who is the The subject of a an HIV test for the
13presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV
or
14the individual's health care agent, if the individual has executed a power of attorney
15for health care instrument under ch. 155 and has been found to be incapacitated
16under s. 155.05 (2),
subject's authorized representative may disclose the results of
17the individual's subject's test to anyone. A
AB659,28,24 18(b) Except as provided under par. (d) or (e), a person who is neither the
19individual subject of the HIV test nor the individual's health care agent subject's
20authorized representative
may not, unless he or she is specifically authorized by the
21individual to do so,
disclose the individual's subject's HIV test results except to the
22following persons or under
unless the subject of the HIV test or his or her authorized
23representative has signed authorization for the disclosure that contains all of
the
24following circumstances:
AB659, s. 87
1Section 87. 252.15 (5) (a) 1. of the statutes is renumbered 252.15 (3m) (d) 1.
2and amended to read:
AB659,29,63 252.15 (3m) (d) 1. To the subject of the HIV test and, if the test subject has
4executed a power of attorney for health care instrument under ch. 155 and has been
5found to be incapacitated under s. 155.05 (2),
the health care agent subject's
6authorized representative
.
AB659, s. 88 7Section 88. 252.15 (5) (a) 2. of the statutes is renumbered 252.15 (3m) (d) 2.
8and amended to read:
AB659,29,119 252.15 (3m) (d) 2. To a health care provider who provides care to the test subject
10of the HIV test, including those instances in which a health care provider provides
11emergency care to the subject.
AB659, s. 89 12Section 89. 252.15 (5) (a) 3. of the statutes is renumbered 252.15 (3m) (d) 3.
AB659, s. 90 13Section 90. 252.15 (5) (a) 4. of the statutes is renumbered 252.15 (3m) (d) 4.,
14and 252.15 (3m) (d) 4. (intro.), a. and b., as renumbered, are amended to read:
AB659,29,1715 252.15 (3m) (d) 4. (intro.) To a blood bank, blood center, or plasma center that
16subjects a person to a subjected the test subject to an HIV test under sub. (2) (a), for
17any of the following purposes:
AB659,29,1918 a. Determining the medical acceptability of blood or plasma secured from the
19test subject of the HIV test.
AB659,29,2020 b. Notifying the test subject of the HIV test of the test results.
AB659, s. 91 21Section 91. 252.15 (5) (a) 5. of the statutes is renumbered 252.15 (3m) (d) 5.
AB659, s. 92 22Section 92. 252.15 (5) (a) 6. of the statutes is renumbered 252.15 (3m) (d) 6.
23and amended to read:
AB659,30,3
1252.15 (3m) (d) 6. To the state epidemiologist or his or her designee, or to a local
2health officer or his or her designees
, for the purpose of providing epidemiologic
3surveillance or investigation or control of communicable disease.
AB659, s. 93 4Section 93. 252.15 (5) (a) 7. of the statutes is renumbered 252.15 (3m) (d) 7.
5and amended to read:
AB659,30,96 252.15 (3m) (d) 7. To a funeral director, as defined under s. 445.01 (5) (a) 1. or
72. or (c) or to other persons who prepare the body of a decedent the subject of the HIV
8test
for burial or other disposition or to a person who performs an autopsy, or assists
9in performing an autopsy, on the subject of the HIV test.
AB659, s. 94 10Section 94. 252.15 (5) (a) 8. and 9. of the statutes are renumbered 252.15 (3m)
11(d) 8. and 9.
AB659, s. 95 12Section 95. 252.15 (5) (a) 10. of the statutes is renumbered 252.15 (3m) (d) 10.,
13and 252.15 (3m) (d) 10. (intro.), a. and c., as renumbered, are amended to read:
AB659,30,1514 252.15 (3m) (d) 10. (intro.) To Except as provided under par. (g), to a person who
15conducts research, for the purpose of research, if the researcher:
AB659,30,1616 a. Is affiliated with a health care provider under subd. 3 2.
AB659,30,2217 c. Provides written assurance to the person disclosing the HIV test results that
18use of the information requested is only for the purpose under which it is provided
19to the researcher, the information will not be released to a person not connected with
20the study, and the final research product will not reveal information that may
21identify the test subject unless the researcher has first received informed consent for
22disclosure from the test subject.
AB659, s. 96 23Section 96. 252.15 (5) (a) 11. of the statutes is repealed.
AB659, s. 97 24Section 97. 252.15 (5) (a) 12. of the statutes is renumbered 252.15 (3m) (d) 11.
25and amended to read:
AB659,31,3
1252.15 (3m) (d) 11. To a coroner, medical examiner, or an appointed assistant
2to a coroner or medical examiner, if one or more of the following conditions exist
3applies:
AB659,31,74 a. The coroner, medical examiner, or an appointed assistant is investigating the
5cause of death of the subject of the HIV test and
possible HIV-infected status is
6relevant to the cause of death of a person whose death is under direct investigation
7by the coroner, medical examiner or appointed assistant
.
AB659,31,178 b. The coroner, medical examiner, or appointed assistant is significantly
9exposed to a person whose death is under direct investigation by the coroner, medical
10examiner, or appointed assistant
investigating the cause of death of the subject of the
11HIV test and has contact with the body fluid of the subject of the HIV test that
12constitutes a significant exposure
, if a physician, physician assistant, or advanced
13practice nurse prescriber, based on information provided to the physician, physician
14assistant,
or advanced practice nurse prescriber, determines and certifies in writing
15that the coroner, medical examiner, or appointed assistant has been significantly
16exposed
had a contact that constitutes a significant exposure and if the certification
17accompanies the request for disclosure.
AB659, s. 98 18Section 98. 252.15 (5) (a) 13. of the statutes is renumbered 252.15 (3m) (d) 12.
19and amended to read:
AB659,31,2320 252.15 (3m) (d) 12. To a sheriff, jailer , or keeper of a prison, jail, or house of
21correction or a person designated with custodial authority by the sheriff, jailer, or
22keeper, for whom disclosure is necessitated in order to permit the assigning of a
23private cell to a prisoner who has a positive HIV test result.
AB659, s. 99 24Section 99. 252.15 (5) (a) 14. of the statutes is renumbered 252.15 (3m) (d) 13.
25and amended to read:
AB659,32,6
1252.15 (3m) (d) 13. If the test results of a test administered to an individual
2are
subject of the HIV test has a positive HIV test result and the individual is
3deceased, by the individual's subject's attending physician, physician assistant, or
4advanced practice nurse prescriber, to persons, if known to the physician, physician
5assistant,
or advanced practice nurse prescriber, with whom the individual has
6subject had sexual contact or has shared intravenous drug use paraphernalia.
AB659, s. 100 7Section 100. 252.15 (5) (a) 15. of the statutes is repealed.
AB659, s. 101 8Section 101. 252.15 (5) (a) 17. of the statutes is renumbered 252.15 (3m) (d)
914. and amended to read:
AB659,32,1610 252.15 (3m) (d) 14. To an alleged victim or victim, to a health care professional,
11upon request
a person under s. 938.296 (4) (a) to (e) as specified in s. 938.296 (4) (e)
12or; to a person under s. 938.296 (5) (a) to (e) as specified in s. 938.296 (5) (e) or; to a
13person under s.
968.38 (4) (a) to (c) or (5) (c), who provides care to the alleged victim
14or victim and, if the alleged victim or victim is a minor, to the parent or guardian of
15the alleged victim or victim,
as specified in s. 968.38 (4); or to a person under s.
16938.296 (4) or 968.38 (5) or (a) to (c) as specified in s. 968.38 (4) or (5).
AB659, s. 102 17Section 102. 252.15 (5) (a) 18. of the statutes is repealed.
AB659, s. 103 18Section 103. 252.15 (5) (a) 19. of the statutes is renumbered 252.15 (3m) (d)
1915. and amended to read:
AB659,33,1320 252.15 (3m) (d) 15. If the subject of the HIV test was administered to is a child
21who has been placed in a foster home, treatment foster home, group home,
22residential care center for children and youth, or juvenile correctional facility, as
23defined in s. 938.02 (10p), including a placement under s. 48.205, 48.21, 938.205, or
24938.21, or for whom placement in a foster home, treatment foster home, group home,
25residential care center for children and youth, or juvenile correctional facility is

1recommended under s. 48.33 (4), 48.425 (1) (g), 48.837 (4) (c), or 938.33 (3) or (4), to
2an agency directed by a court to prepare a court report under s. 48.33 (1), 48.424 (4)
3(b), 48.425 (3), 48.831 (2), 48.837 (4) (c), or 938.33 (1), to an agency responsible for
4preparing a court report under s. 48.365 (2g), 48.425 (1), 48.831 (2), 48.837 (4) (c), or
5938.365 (2g), to an agency responsible for preparing a permanency plan under s.
648.355 (2e), 48.38, 48.43 (1) (c) or (5) (c), 48.63 (4) or (5) (c), 48.831 (4) (e), 938.355 (2e),
7or 938.38 regarding the child, or to an agency that placed the child or arranged for
8the placement of the child in any of those placements and, by any of those agencies,
9to any other of those agencies and, by the agency that placed the child or arranged
10for the placement of the child in any of those placements, to the child's foster parent
11or treatment foster parent or the operator of the group home, residential care center
12for children and youth, or juvenile correctional facility in which the child is placed,
13as provided in s. 48.371 or 938.371.
AB659, s. 104 14Section 104. 252.15 (5) (a) 20. of the statutes is renumbered 252.15 (3m) (d)
1516. and amended to read:
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