AB659: Bill Text

AB659, s. 123 Section 123. 252.15 (7) (b) 5. of the statutes is amended to read:

AB659,38,24 252.15 (7) (b) 5. The HIV test result.

AB659, s. 124 Section 124. 252.15 (7) (b) 5m. of the statutes is created to read:

AB659,39,1 252.15 (7) (b) 5m. The mode of transmission of HIV to the test subject.

AB659, s. 125 Section 125. 252.15 (7) (c) 1. of the statutes is amended to read:

AB659,39,4 252.15 (7) (c) 1. Information with respect to the sexual orientation of the HIV test subject.

AB659, s. 126 Section 126. 252.15 (7) (c) 2. of the statutes is amended to read:

AB659,39,7 252.15 (7) (c) 2. The identity of persons with whom the HIV test subject may have had sexual contact.

AB659, s. 127 Section 127. 252.15 (7m) of the statutes is amended to read:

AB659,39,17 252.15 (7m) Reporting of persons significantly exposed. If a positive, validated HIV test result is obtained from a test subject, the test subject's physician, physician assistant, or advanced practice nurse prescriber who maintains a record of the HIV test result under sub. (4) (c) may report to the state epidemiologist the name of any person known to the physician, physician assistant, or advanced practice nurse prescriber to have been significantly exposed to had contact with body fluid of the test subject that constitutes a significant exposure, only after the physician, physician assistant, or advanced practice nurse prescriber has done all of the following:

AB659,39,20 (a) Counseled the HIV test subject to inform any person who has been significantly exposed to had contact with body fluid of the test subject that constitutes a significant exposure.

AB659,39,24 (b) Notified the HIV test subject that the name of any person known to the physician, physician assistant, or advanced practice nurse prescriber to have been significantly exposed to had contact with body fluid of the test subject that constitutes a significant exposure will be reported to the state epidemiologist.

AB659, s. 128 Section 128. 252.15 (7r) of the statutes is created to read:

AB659,40,5 252.15 (7r) Explanation of HIV for test subjects. The department shall provide to health care providers, blood banks, blood centers, and plasma centers a brief explanation or description of all of the following that a health care provider, blood bank, blood center, or plasma center may provide prospective HIV test subjects under sub. (2m) (a) 3.:

AB659,40,6 (a) HIV infection.

AB659,40,7 (b) HIV test results.

AB659,40,8 (c) Requirements under subs. (7) (b) and (7m) for reporting HIV test results.

AB659,40,9 (d) Treatment options for a person who has a positive HIV test result.

AB659,40,11 (e) AIDS service organizations, as defined in s. 252.12 (1) (b) and the services they provide to persons who have a positive HIV test result.

AB659, s. 129 Section 129. 252.15 (8) of the statutes is amended to read:

AB659,40,17 252.15 (8) Civil liability. (a) Any person violating sub. (2), (5) (a) (2m), (3m) (b), (d), or (f), (5m), (6) or (7) (c) is liable to the subject of the test for actual damages, costs and reasonable actual attorney fees, plus exemplary damages of up to $1,000 $2,000 for a negligent violation and up to $25,000 $50,000 for an intentional violation.

AB659,40,22 (b) The plaintiff in an action under par. (a) has the burden of proving by a preponderance of the evidence that a violation occurred under sub. (2), (5) (a) (2m), (3m) (b), (d), or (f), (5m), (6) or (7) (c). A conviction under sub. (2), (5) (a) (2m), (3m) (b), (d), or (f), (5m), (6) or (7) (c) is not a condition precedent to bringing an action under par. (a).

AB659, s. 130 Section 130. 252.15 (9) of the statutes is amended to read:

AB659,41,9 252.15 (9) Penalties. Whoever intentionally discloses the results of a blood an HIV test in violation of sub. (2) (a) 7m., (5) (a) (3m) (b) or (f) or (5m) and thereby causes bodily harm or psychological harm to the subject of the HIV test may be fined not more than $25,000 $50,000 or imprisoned not more than 9 months or both. Whoever negligently discloses the results of a blood an HIV test in violation of sub. (2) (a) 7m., (5) (a) (3m) (b) or (f) or (5m) is subject to a forfeiture of not more than $1,000 $2,000 for each violation. Whoever intentionally discloses the results of a blood an HIV test in violation of sub. (2) (a) 7m., (5) (a) sub. (3m) (b) or (f) or (5m), knowing that the information is confidential, and discloses the information for pecuniary gain may be fined not more than $100,000 $200,000 or imprisoned not more than 3 years and 6 months, or both.

AB659, s. 131 Section 131. 256.15 (12) (a) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB659,41,19 256.15 (12) (a) All records made by an ambulance service provider, an emergency medical technician or a first responder in administering emergency care procedures to and handling and transporting sick, disabled or injured individuals shall be maintained as confidential patient health care records subject to s. 252.15 (5) (a) (intro.) (3m), (6), (8) and (9), if applicable. Nothing in this paragraph or ss. 146.81 to 146.84 permits disclosure to an ambulance service provider, an emergency medical technician or a first responder under s. 252.15 (5) (a) (3m), except under s. 252.15 (5) (a) 11 (3m) (e).

AB659, s. 132 Section 132. 440.20 (4) of the statutes is amended to read:

AB659,42,2 440.20 (4) In addition to any grounds for discipline specified in chs. 440 to 480, the department or appropriate examining board, affiliated credentialing board or board in the department may reprimand the holder of a credential or deny, limit, suspend or revoke the credential of any person who intentionally violates s. 252.14 (2) or intentionally discloses the results of a blood test in violation of s. 252.15 (5) (a) (3m) (b) or (f) or (5m).

AB659, s. 133 Section 133. 631.90 (1) of the statutes is amended to read:

AB659,42,6 631.90 (1) In this section, "HIV test" means any strain of human immunodeficiency virus, which causes acquired immunodeficiency syndrome has the meaning given in s. 252.01 (2m).

AB659, s. 134 Section 134. 631.90 (2) (a) of the statutes is amended to read:

AB659,42,11 631.90 (2) (a) Require or request directly or indirectly any individual to reveal whether the individual has obtained a an HIV test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV or what the results of this test, if obtained by the individual, were.

AB659, s. 135 Section 135. 631.90 (2) (b) of the statutes is amended to read:

AB659,42,16 631.90 (2) (b) Condition the provision of insurance coverage on whether an individual has obtained a an HIV test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV or what the results of this test, if obtained by the individual, were.

AB659, s. 136 Section 136. 631.90 (2) (c) of the statutes is amended to read:

AB659,42,21 631.90 (2) (c) Consider in the determination of rates or any other aspect of insurance coverage provided to an individual whether an individual has obtained a an HIV test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV or what the results of this test, if obtained by the individual, were.

AB659, s. 137 Section 137. 631.90 (3) (a) of the statutes is amended to read:

AB659,43,4 631.90 (3) (a) Subsection (2) does not apply with regard to any an HIV test or series of tests for use in the underwriting of individual life, accident and health insurance policies that the person designated by the secretary of health services as the state epidemiologist finds medically significant and sufficiently reliable for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV and that the commissioner finds and designates by rule as sufficiently reliable for use in the underwriting of individual life, accident and health insurance policies.

AB659, s. 138 Section 138. 631.90 (3) (b) of the statutes is amended to read:

AB659,43,8 631.90 (3) (b) Paragraph (a) does not authorize the use of any an HIV test or series of tests for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV to discriminate in violation of s. 628.34 (3).

AB659, s. 139 Section 139. 901.05 (2) (intro.) of the statutes is amended to read:

AB659,43,17 901.05 (2) (intro.) Except as provided in sub. (3), the results of a test or tests for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV an HIV test, as defined in s. 252.01 (2m), are not admissible during the course of a civil or criminal action or proceeding or an administrative proceeding, as evidence of a person's character or a trait of his or her character for the purpose of proving that he or she acted in conformity with that character on a particular occasion unless the evidence is admissible under s. 904.04 (1) or 904.05 (2) and unless the following procedures are used:

AB659, s. 140 Section 140. 938.296 (1) (bm) of the statutes is created to read:

AB659,43,19 938.296 (1) (bm) "HIV test" has the meaning given in s. 252.01 (2m).

AB659, s. 141 Section 141. 938.296 (1) (d) of the statutes is amended to read:

AB659,43,22 938.296 (1) (d) "Significantly exposed" "Significant exposure" has the meaning given in s. 252.15 (1) (em).

AB659, s. 142 Section 142. 938.296 (2) (intro.) of the statutes is amended to read:

AB659,44,8 938.296 (2) Sexually transmitted disease and HIV testing. (intro.) In a proceeding under s. 938.12 or 938.13 (12) in which the juvenile is alleged to have violated s. 940.225, 948.02, 948.025, 948.05, 948.06, or 948.085 (2), the district attorney or corporation counsel shall apply to the court for an order requiring the juvenile to submit to a an HIV test and a test or a series of tests administered by a health care professional to detect the presence of HIV, antigen or nonantigenic products of HIV, an antibody to HIV or a sexually transmitted disease, each of which tests shall be administered by a health care professional, and to disclose the results of that test or series of those tests as specified in sub. (4) (a) to (e), if all of the following apply:

AB659, s. 143 Section 143. 938.296 (2) (b) of the statutes is amended to read:

AB659,44,15 938.296 (2) (b) The district attorney or corporation counsel has probable cause to believe that the juvenile has significantly exposed the victim or alleged victim has had contact with body fluid of the juvenile that constitutes a significant exposure. If the juvenile is adjudicated delinquent, is found to be in need of protection or services or is found not responsible by reason of mental disease or defect under s. 938.30 (5), this paragraph does not apply.

AB659, s. 144 Section 144. 938.296 (4) (intro.) of the statutes is amended to read:

AB659,45,7 938.296 (4) Disclosure of sexually transmitted disease and HIV test results. (intro.) On receipt of an application for an order under sub. (2), the court shall set a time for a hearing on the application. If the juvenile has been found not competent to proceed under s. 938.30 (5), the court may hold a hearing under this subsection only if the court first determines that the probable cause finding can be fairly made without the personal participation of the juvenile. If, after hearing, the court finds probable cause to believe that the juvenile has significantly exposed the victim or alleged victim has had contact with body fluid of the juvenile that constitutes a significant exposure, the court shall order the juvenile to submit to a an HIV test or and a test or series of tests administered by a health care professional to detect the presence of HIV, antigen or nonantigenic products of HIV, an antibody to HIV or a sexually transmitted disease. The tests shall be administered by a health care professional. The court shall require the health care professional who performs the test or series of tests to refrain, notwithstanding s. 252.15 (4) (c), from making the test results part of the juvenile's permanent medical record and to disclose the results of the test tests to any of the following:

AB659, s. 145 Section 145. 938.296 (5) (intro.) of the statutes is amended to read:

AB659,45,25 938.296 (5) Disclosure of communicable disease test results. (intro.) On receipt of an application for an order under sub. (2m), the court shall set a time for a hearing on the application. If the juvenile has been found not competent to proceed under s. 938.30 (5), the court may hold a hearing under this subsection only if the court first determines that the probable cause finding can be fairly made without the personal participation of the juvenile. If, after hearing, the court finds probable cause to believe that the act or alleged act of the juvenile that constitutes a violation of s. 946.43 (2m) carried a potential for transmitting a communicable disease to the victim or alleged victim and involved the juvenile's blood, semen, vomit, saliva, urine or feces or other bodily substance of the juvenile, the court shall order the juvenile to submit to a test or a series of tests administered by a health care professional to detect the presence of any communicable disease that was potentially transmitted by the act or alleged act of the juvenile. The court shall require the health care professional who performs the test or series of tests to refrain, notwithstanding s. 252.15 (4) (c), if applicable, from making the test results part of the juvenile's permanent medical record and to disclose the results of the test to any of the following:

AB659, s. 146 Section 146. 938.346 (1) (e) of the statutes is amended to read:

AB659,46,10 938.346 (1) (e) The procedure under s. 938.296 under which the victim, if an adult, or the parent, guardian or legal custodian of the victim, if the victim is a child, may request an order requiring a juvenile who is alleged to have violated s. 940.225, 948.02, 948.025, 948.05, 948.06, or 948.085 (2) to submit to a an HIV test or, as defined in s. 252.01 (2m), and a test or a series of tests to detect the presence of HIV, as defined in s. 252.01 (1m), antigen or nonantigenic products of HIV, an antibody to HIV or a sexually transmitted disease, as defined in s. 252.11 (1), and to have the results of that test or series of the tests disclosed as provided in s. 938.296 (4) (a) to (e).

AB659, s. 147 Section 147. 938.371 (1) (a) of the statutes is amended to read:

AB659,46,19 938.371 (1) (a) Results of a an HIV test or a series of tests, as defined in s. 252.01 (2m), of the juvenile to determine the presence of HIV, as defined in s. 968.38 (1) (b), antigen or nonantigenic products of HIV, or an antibody to HIV, as provided under s. 252.15 (5) (a) 19. (3m) (d) 15., including results included in a court report or permanency plan. At the time that the test results are provided, the agency shall notify the foster parent, treatment foster parent, relative, or operator of the group home, residential care center for children and youth, or juvenile correctional facility of the confidentiality requirements under s. 252.15 (6).

AB659, s. 148 Section 148. 968.38 (1) (bc) of the statutes is created to read:

AB659,46,21 968.38 (1) (bc) "HIV test" has the meaning given in s. 252.01 (2m).

AB659, s. 149 Section 149. 968.38 (1) (d) of the statutes is amended to read:

AB659,46,24 968.38 (1) (d) "Significantly exposed" "Significant exposure" has the meaning given in s. 252.15 (1) (em).

AB659, s. 150 Section 150. 968.38 (2) (intro.) of the statutes is amended to read:

AB659,47,8 968.38 (2) (intro.) In a criminal action under s. 940.225, 948.02, 948.025, 948.05, 948.06, 948.085, or 948.095, if all of the following apply, the district attorney shall apply to the circuit court for his or her county to order the defendant to submit to a an HIV test or and to a test or a series of tests administered by a health care professional to detect the presence of HIV, antigen or nonantigenic products of HIV, an antibody to HIV or a sexually transmitted disease, each of which tests shall be administered by a health care professional, and to disclose the results of the test or tests as specified in sub. (4) (a) to (c):

AB659, s. 151 Section 151. 968.38 (2) (a) of the statutes is amended to read:

AB659,47,14 968.38 (2) (a) The district attorney has probable cause to believe that the defendant has significantly exposed the alleged victim or victim has had contact with body fluid of the defendant that constitutes a significant exposure. If the defendant is convicted or found not guilty by reason of mental disease or defect, this paragraph does not apply.

AB659, s. 152 Section 152. 968.38 (4) (intro.) of the statutes is amended to read:

AB659,48,10 968.38 (4) (intro.) The court shall set a time for a hearing on the matter under sub. (2) during the preliminary examination, if sub. (3) (a) applies; after the defendant is bound over for trial and before a verdict is rendered, if sub. (3) (b) applies; after conviction or a finding of not guilty by reason of mental disease or defect, if sub. (3) (c) applies; or, subject to s. 971.13 (4), after the determination that the defendant is not competent, if sub. (3) (d) applies. The court shall give the district attorney and the defendant notice of the hearing at least 72 hours prior to the hearing. The defendant may have counsel at the hearing, and counsel may examine and cross-examine witnesses. If the court finds probable cause to believe that the defendant has significantly exposed the victim or alleged victim has had contact with body fluid of the defendant that constitutes a significant exposure, the court shall order the defendant to submit to a an HIV test and to a test or a series of tests administered by a health care professional to detect the presence of HIV, antigen or nonantigenic products of HIV, an antibody to HIV or a sexually transmitted disease. The tests shall be performed by a health care professional. The court shall require the health care professional who performs the test to disclose the test results to the defendant. The court shall require the health care professional who performs the test, to refrain, notwithstanding s. 252.15 (4) (c), from making the test results part of the defendant's permanent medical record, and to disclose the results of the test to any of the following:

AB659, s. 153 Section 153. 968.38 (5) (intro.) of the statutes is amended to read:

AB659,49,7 968.38 (5) (intro.) The court shall set a time for a hearing on the matter under sub. (2m) during the preliminary examination, if sub. (3) (a) applies; after the defendant is bound over for trial and before a verdict is rendered, if sub. (3) (b) applies; after conviction or a finding of not guilty by reason of mental disease or defect, if sub. (3) (c) applies; or, subject to s. 971.13 (4), after the determination that the defendant is not competent, if sub. (3) (d) applies. The court shall give the district attorney and the defendant notice of the hearing at least 72 hours prior to the hearing. The defendant may have counsel at the hearing, and counsel may examine and cross-examine witnesses. If the court finds probable cause to believe that the act or alleged act of the defendant that constitutes a violation of s. 946.43 (2m) carried a potential for transmitting a communicable disease to the victim or alleged victim and involved the defendant's blood, semen, vomit, saliva, urine or feces or other bodily substance of the defendant, the court shall order the defendant to submit to a test or a series of tests administered by a health care professional to detect the presence of any communicable disease that was potentially transmitted by the act or alleged act of the defendant. The court shall require the health care professional who performs the test to disclose the test results to the defendant. The court shall require the health care professional who performs the test to refrain , notwithstanding s. 252.15 (4) (c), if applicable, from making the test results part of the defendant's permanent medical record and to disclose the results of the test to any of the following:

AB659, s. 154 Section 154. 973.017 (4) (a) 1m. of the statutes is created to read:

AB659,49,9 973.017 (4) (a) 1m. "HIV test" has the meaning given in s. 252.01 (2m).

AB659, s. 155 Section 155. 973.017 (4) (b) 1. of the statutes is amended to read:

AB659,49,14 973.017 (4) (b) 1. At the time that he or she committed the serious sex crime, the person convicted of committing the serious sex crime had a sexually transmitted disease or acquired immunodeficiency syndrome or had had a positive HIV test for the presence of HIV, antigen or nonantigenic products of HIV, or an antibody to HIV.

AB659, s. 156 Section 156. 973.017 (4) (b) 2. of the statutes is amended to read:

AB659,49,20 973.017 (4) (b) 2. At the time that he or she committed the serious sex crime, the person convicted of committing the serious sex crime knew that he or she had a sexually transmitted disease or acquired immunodeficiency syndrome or that he or she had had a positive HIV test for the presence of HIV, antigen or nonantigenic products of HIV, or an antibody to HIV.

AB659, s. 157 Section 157. Initial applicability.

AB659,50,2 (1) Positive HIV test result reporting. The treatment of section 252.15 (7) (b) 5m. of the statutes, as created by this act, first applies to records of test results reported to the state epidemiologist on the first day of the 4th month beginning after the effective date of this subsection.

AB659,50,3 (End)