AB720: Bill Text

AB720,15,5 346.71 (2) In cases of death involving a motor vehicle in which the decedent was the operator of a motor vehicle, a pedestrian 14 years of age or older or a bicycle or electric personal assistive mobility device operator 14 years of age or older and who died within 6 hours of the time of the accident, the coroner or medical examiner of the county where the death occurred shall require that a blood specimen of at least 10 cc. be withdrawn from the body of the decedent within 12 hours after his or her death, by the coroner or medical examiner or by a physician so designated by the coroner or medical examiner or by a qualified person at the direction of the physician. All funeral directors shall obtain a release an authorization from the a coroner or medical examiner of the county where the accident occurred as provided in s. 979.01 (4) 979.105 prior to proceeding with embalming any body coming under the scope of this section. The blood so drawn shall be forwarded to a laboratory approved by the department of health services for analysis of the alcoholic content of the blood specimen. The coroner or medical examiner causing the blood to be withdrawn shall be notified of the results of each analysis made and shall forward the results of each such analysis to the department of health services. If the death involved a motor vehicle, the department shall keep a record of all such examinations to be used for statistical purposes only and the department shall disseminate and make public the cumulative results of the examinations without identifying the individuals involved. If the death involved an all-terrain vehicle, the department of natural resources shall keep a record of all such examinations to be used for statistical purposes only and the department of natural resources shall disseminate and make public the cumulative results of the examinations without identifying the individuals involved.

AB720, s. 29 Section 29. 440.78 (1) (b) of the statutes is amended to read:

AB720,15,8 440.78 (1) (b) A copy of the cremation permit release issued under s. 979.10 (1) (a) (ag).

AB720, s. 30 Section 30. 979.001 of the statutes is created to read:

AB720,15,10 979.001 Definitions. In this chapter:

AB720,15,11 (1) "Health care provider" means all of the following:

AB720,15,12 (a) A midwife licensed under subch. XII of ch. 440.

AB720,15,13 (b) A nurse licensed under ch. 441.

AB720,15,14 (c) A chiropractor licensed under ch. 446.

AB720,15,15 (d) A dentist licensed under ch. 447.

AB720,15,17 (e) A physician, physician assistant, or respiratory care practitioner licensed or certified under subch. II of ch. 448.

AB720,15,18 (f) A physical therapist licensed under subch. III of ch. 448.

AB720,15,19 (g) A podiatrist licensed under subch. IV of ch. 448.

AB720,15,20 (h) A dietitian certified under subch. V of ch. 448.

AB720,15,21 (i) An athletic trainer licensed under subch. VI of ch. 448.

AB720,15,23 (j) An occupational therapist or occupational therapy assistant licensed under subch. VII of ch. 448.

AB720,15,24 (k) An optometrist licensed under ch. 449.

AB720,15,25 (L) A pharmacist licensed under ch. 450.

AB720,16,1 (m) An acupuncturist certified under ch. 451.

AB720,16,2 (n) A psychologist licensed under ch. 455.

AB720,16,4 (o) A social worker, marriage and family therapist, or professional counselor certified or licensed under ch. 457.

AB720,16,7 (p) A speech-language pathologist or audiologist licensed under subch. II of ch. 459 or a speech and language pathologist licensed by the department of public instruction.

AB720,16,8 (q) A massage therapist or bodyworker certified under ch. 460.

AB720,16,10 (2) "Hospice" means an organization, program, or place that meets the definition in s. 50.90 (1) and that is licensed under s. 50.92.

AB720,16,12 (3) "Hospital" means a facility licensed under s. 50.35 or a facility operated as a hospital by the federal government, a state, or a political subdivision of a state.

AB720,16,13 (4) "Human remains" has the meaning given in s. 157.061 (8).

AB720,16,14 (5) "Law enforcement agency" has the meaning given in s. 165.83 (1) (b).

AB720,16,18 (6) "Law enforcement officer" means any person employed by the state, or any political subdivision of the state, for the purpose of detecting and preventing crime and enforcing laws or ordinances and who is authorized to make arrests for violations of the laws or ordinances that the person is employed to enforce.

AB720,16,20 (7) "Nursing home" means a facility that meets the definition in s. 50.01 (3) and that is licensed under s. 50.03 (1).

AB720,16,23 (8) "Representative of the deceased" means any member of one of the following classes of individuals, in the order of priority listed, who is available, if no member of a prior class is available:

AB720,16,24 (a) The deceased's spouse.

AB720,16,25 (b) An adult son or daughter of the deceased.

AB720,17,1 (c) A parent of the deceased.

AB720,17,2 (d) An adult brother or sister of the deceased.

AB720,17,3 (e) A person appointed as such by the circuit court.

AB720, s. 31 Section 31. 979.01 (title) of the statutes is amended to read:

AB720,17,6 979.01 (title) Reporting deaths required; penalty; taking specimens by coroner or medical examiner jurisdiction for investigating deaths.

AB720, s. 32 Section 32. 979.01 (1) of the statutes is repealed and recreated to read:

AB720,17,18 979.01 (1) (a) If a death occurs outside of a hospital, physician's office, nursing home, or hospice, as defined in s. 50.90 (1), and is not required to be reported under par. (b) or (c), a law enforcement officer, health care provider, or funeral director who has knowledge of the death and any person who discovers the body or remains of a deceased individual shall immediately report the death to the coroner or medical examiner in the county in which the individual was pronounced dead or in which the deceased's body or remains were located except that a person who is required to report a death because he or she discovered a body or the remains of a deceased individual may report the death to a law enforcement officer in lieu of reporting the death to the coroner or medical examiner. Deaths that are required to be reported under this paragraph include all of the following:

AB720,17,19 1. A death that involves unexplained, unusual, or suspicious circumstances.

AB720,17,20 2. A death that the person has reason to believe is the result of a homicide.

AB720,17,21 3. A death that the person has reason to believe is the result of a suicide.

AB720,17,23 4. A death of a woman that is associated with an abortion, as defined in s. 253.10 (2) (a).

AB720,18,2 5. A death, if the person has reason to believe that an injury or poisoning was a contributing cause of the death, whether or not the person has reason to believe that the injury or poisoning was the primary cause of the death and regardless of the interval between the injury or poisoning and the death.

AB720,18,4 6. A death that occurred when the individual was not under the care of a physician for the illness or condition that caused the death.

AB720,18,8 7. A death, if after reasonable efforts, a physician cannot within 6 days after the pronouncement of death, or sooner under circumstances that the coroner or medical examiner determines to be an emergency, be obtained to sign the medical certification as required under s. 69.18 (2) (b) or (c).

AB720,18,11 8. A death that the person has reason to believe is associated with the abuse of a chemical substance that may be legally used or with the use of a controlled substance, as defined in s. 961.01 (4).

AB720,18,15 9. A death that the person has reason to believe is associated with an epidemic or pandemic, with the spread of a dangerous communicable disease, as defined by the department of health services, or with a disease-causing agent that may pose a threat to public health.

AB720,18,18 (b) A law enforcement officer shall immediately report to the coroner or medical examiner in the county in which an individual was pronounced dead all of the following:

AB720,18,20 1. A death that occurs while an individual is in the actual or constructive custody of a law enforcement officer.

AB720,18,22 2. A death of an individual that occurs during the pursuit of the individual by a law enforcement officer or otherwise involves a law enforcement officer.

AB720,19,2 3. A death that occurs while the individual is confined in a federal prison in this state, a state prison, county jail or house of correction, a juvenile correctional facility, as defined in s. 938.02 (10p), or a juvenile detention facility, as defined in s. 938.02 (10r), or is otherwise incarcerated in the custody of the department or of a county sheriff.

AB720,19,6 (c) A facility where a deceased individual was being detained or institutionalized under s. 51.20, 971.14, or 971.17 or ch. 980 at the time of his or her death shall immediately report the death to the coroner of medical examiner in the county where the facility is located.

AB720,19,9 (d) A health care provider shall immediately report a death that occurs in a physician's office, as defined in s. 460.01 (5), to the coroner or medical examiner in the county in which the physician's office is located.

AB720,19,12 (e) A hospital shall immediately report to the coroner or medical examiner in the county in which the hospital is located a death that occurs at the hospital and satisfies any of the following conditions:

AB720,19,13 1. The death occurred in the emergency department of the hospital.

AB720,19,16 2. The death was not the result of a natural disease process. For purposes of this subdivision, deaths described in par. (a) 1. to 5., 8., and 9. are not considered to be the result of a natural disease process.

AB720,19,21 (f) A nursing home shall immediately report to the coroner or medical examiner in the county in which the nursing home is located a death that occurs at the nursing home and that the nursing home has reason to believe was not the result of a natural disease process. For purposes of this paragraph, deaths described in par. (a) 1. to 5., 8., and 9. are not considered to be the result of a natural disease process.

AB720,19,24 (g) 1. A hospice shall report a death that occurred while an individual was receiving care from the hospice in accordance with the written policy created under subd. 2. that applies to the county in which the death occurred.

AB720,20,5 2. A coroner or medical examiner shall create and distribute to each hospice that operates in the county under his or her jurisdiction a written policy that describes the circumstances under which a hospice must report to the coroner or medical examiner a death that occurs while an individual is receiving care from the hospice.

AB720, s. 33 Section 33. 979.01 (1d) of the statutes is created to read:

AB720,20,9 979.01 (1d) Notwithstanding sub. (1), no person specified in sub. (1) need report a death under sub. (1) if that person knows that another person specified in sub. (1) has already reported the death to a coroner or medical examiner.

AB720, s. 34 Section 34. 979.01 (1g) of the statutes is repealed and recreated to read:

AB720,20,13 979.01 (1g) If a law enforcement officer is notified of a death under sub. (1), the law enforcement officer shall immediately notify the coroner or medical examiner in the county in which the body or human remains were located.

AB720, s. 35 Section 35. 979.01 (1i) of the statutes is created to read:

AB720,20,19 979.01 (1i) If a coroner or medical examiner is notified of a death under sub. (1) and determines that the death was caused by a crime, injury, trauma, or other event in a county other than the county in which the death was reported, the coroner or medical examiner shall notify the coroner or medical examiner in the county in which the crime, injury, trauma, or other event is believed to have occurred.

AB720, s. 36 Section 36. 979.01 (1k) of the statutes is created to read:

AB720,20,24 979.01 (1k) (a) Except as provided in par. (b), if a death must be reported under sub. (1), the coroner or medical examiner in the county in which the crime, injury, trauma, or other event that caused the death occurred has jurisdiction to investigate the cause and manner of death.

AB720,21,6 (b) If there is reason to believe that a death that must be reported under sub. (1) was caused by a crime, injury, trauma, or other event that occurred outside this state, or if after reasonable efforts it cannot be determined where the crime, injury, trauma, or other event that caused the death occurred, the coroner or medical examiner in the county in which death is pronounced has jurisdiction to investigate the cause and manner of death.

AB720, s. 37 Section 37. 979.01 (1m) of the statutes is renumbered 979.01 (1m) (a) and amended to read:

AB720,21,13 979.01 (1m) (a) The Except as provided in par. (b), the coroner or medical examiner receiving notification under sub. (1) or (1g) who has jurisdiction to investigate a death under this section shall immediately, within a reasonable time after receiving notice of the death, notify the district attorney for his or her county of the death.

AB720, s. 38 Section 38. 979.01 (1m) (b) of the statutes is created to read:

AB720,21,17 979.01 (1m) (b) Except as provided in s. 979.04 (2), the coroner or medical examiner is not required to notify the district attorney of any deaths for which the district attorney, in writing, waives notice.

AB720, s. 39 Section 39. 979.01 (1p) of the statutes is created to read:

AB720,21,20 979.01 (1p) A coroner or medical examiner who receives notice of a death under sub. (1), or his or her designee, shall notify the deceased's next of kin of the death.

AB720, s. 40 Section 40. 979.01 (1r) of the statutes is amended to read:

AB720,22,2 979.01 (1r) If the coroner or medical examiner is notified of a death under sub. (1) or (1g) and determines that his or her notification of the death was not required under sub. (1) or (1g), the discovery of human remains under this section and determines that the human remains have no forensic significance, he or she shall notify the director of the historical society under s. 157.70 (3).

AB720, s. 41 Section 41. 979.01 (2) of the statutes is renumbered 979.01 (2) (a) and amended to read:

AB720,22,7 979.01 (2) (a) Any Except as provided in par. (b), any person who violates this section shall sub. (1) may be fined not more than $1,000 or imprisoned not more than 90 days or both.

AB720, s. 42 Section 42. 979.01 (2) (b) of the statutes is created to read:

AB720,22,10 979.01 (2) (b) Any partnership, association, organization, institution, or body politic or corporate that violates sub. (1) may be fined not more than $10,000.

AB720, s. 43 Section 43. 979.01 (3) of the statutes is repealed.

AB720, s. 44 Section 44. 979.01 (3m) of the statutes is repealed.

AB720, s. 45 Section 45. 979.01 (4) of the statutes is renumbered 979.105 and amended to read:

AB720,23,6 979.105 Authorization to embalm or dispose of a body. No person may embalm or perform an autopsy on dispose of, by burial, entombment, cremation, delivery to a university or school under s. 157.02 (3), or delivery to a medical or dental school anatomy department under s. 157.06, the body of any person who has died under any of the circumstances listed in this section unless the person obtains the individual whose death must be reported under s. 979.01 (1) without the written authorization of the coroner of the county in which the injury or cause of death occurred. Such authorization shall be issued by the or medical examiner who has jurisdiction to investigate the death under s. 979.01. An authorization under this section shall include information necessary to identify the deceased, the date and place of death, the name of the funeral director or person acting in the place of the funeral director, and shall specify that the authorization does not override the wishes of the next of kin of the deceased with respect to disposition of the body. The coroner or a deputy within 12 hours after notification of the reportable death, or medical examiner, or his or her designee, shall issue an authorization under this section as soon thereafter as possible in the event of unexplained, unusual or suspicious circumstances after being notified of the death.

AB720, s. 46 Section 46. 979.015 of the statutes is amended to read:

AB720,23,14 979.015 Subpoena for documents. Upon the request of the coroner, medical examiner, or district attorney, a court shall issue a subpoena requiring the production of documents necessary for the determination of a decedent's relevant to determining the cause or manner of a deceased's death. The documents may include the decedent's patient health care records and treatment records, as defined in ss. 51.30 and 146.81 (4). The documents shall be returnable to the officer named in the subpoena.

AB720, s. 47 Section 47. 979.017 of the statutes is created to read:

AB720,23,21 979.017 Custody of and authorization to move a body. (1) The coroner or medical examiner who has jurisdiction to investigate a death under s. 979.01 has legal custody of the deceased's body until he or she releases the body for disposition. Temporary transfer of a deceased's body for the purpose of removing a body part that is the subject of an anatomical gift under s. 157.06 does not constitute release of legal custody of the body.