AB530: Bill Text

AB530,16,18 157.02 (2m) Disposition of other unclaimed remains. (a) If a person, other than a person who has responsibility to dispose of a corpse under sub. (1m), has the corpse of a deceased individual and cannot by exercise of reasonable effort locate a representative of the deceased, as defined in s. 979.001 (8), or a representative of the deceased refuses to claim the corpse for disposition, the person shall notify the coroner or medical examiner in the county of residence of the deceased, and the coroner or medical examiner shall take custody of the corpse and cause the corpse to be decently buried or cremated. The county shall pay costs of burial or cremation under this paragraph with funds other than funds appropriated for the operation of the coroner's or medical examiner's office.

AB530,16,21 (b) A coroner or medical examiner is immune from civil liability for his or her choice of method for disposing of an unidentified corpse under this subsection if the coroner or medical examiner made reasonable efforts to identify the corpse.

AB530,16,25 (c) A coroner or medical examiner is immune from civil liability for his or her choice of method for disposing of an unclaimed corpse under this subsection if the coroner or medical examiner made reasonable efforts to notify a representative of the deceased, as defined in s. 979.001 (8), of the disposal of the corpse.

AB530,27 Section 27. 157.03 (1) of the statutes is amended to read:

AB530,17,6 157.03 (1) The corpse of a person who died with smallpox, diphtheria, or scarlet fever, or who in his or her last sickness shall request to be buried or cremated, and of a stranger or traveler who suddenly died, shall not be disposed of under s. 157.02 (3) (1m) (c), and no person having charge of a corpse authorized to be so disposed of shall sell or deliver it to be used outside the state.

AB530,28 Section 28. 157.03 (2) of the statutes is amended to read:

AB530,17,11 157.03 (2) Upon receipt of the corpse by a university or school pursuant to s. 157.02 (3) (1m) (c) it shall be properly embalmed and retained for 3 months before being used or dismembered and shall be delivered to any relative claiming it upon satisfactory proof of relationship.

AB530,29 Section 29. 157.055 (2) (intro.) of the statutes is amended to read:

AB530,17,17 157.055 (2) (intro.) Notwithstanding ss. 69.18 (4), 157.113, 445.04 (2), 445.14, 979.01 (3), (3m), and (4), 979.02, and 979.025 (2), 979.027, 979.10, and 979.105, and subch. VII of ch. 440, during a period of a state of emergency related to public health declared by the governor under s. 323.10, a public health authority may do all of the following:

AB530,30 Section 30. 157.112 (3) (intro.) of the statutes is amended to read:

AB530,17,21 157.112 (3) (intro.) A cemetery authority may rebury human remains under sub. (2) without first obtaining an authorization complying with the conditions under s. 69.18 (4), but the cemetery authority shall do all of the following:

AB530,31 Section 31. 157.70 (3) (a) of the statutes is amended to read:

AB530,18,2 157.70 (3) (a) Except as provided under s. 979.01, a A person shall immediately notify the director if the person knows or has reasonable grounds to believe that a burial site or the cataloged land contiguous to a cataloged burial site is being disturbed or may be disturbed contrary to the requirements of subs. (4) and (5).

AB530,32 Section 32. 346.71 (1) of the statutes is amended to read:

AB530,18,15 346.71 (1) Every coroner or medical examiner shall, on or before the 10th day of each month, report in writing any accident involving a motor vehicle occurring within the coroner's or medical examiner's jurisdiction resulting in the death of any person during the preceding calendar month. If the accident involved an all-terrain vehicle or utility terrain vehicle, the report shall be made to the department of natural resources and shall include the information specified by that department. If the accident involved any other motor vehicle, the report shall be made to the department and shall include the information specified by the department. The coroner or medical examiner of the county where the death occurs, if the accident occurred in another jurisdiction, shall, immediately upon learning of the death, report it to the coroner or medical examiner of the county where the accident occurred, as provided in s. 979.01 (1).

AB530,33 Section 33. 346.71 (2) of the statutes is amended to read:

AB530,19,15 346.71 (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 or utility 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.

AB530,34 Section 34. 440.03 (9) (a) (intro.) of the statutes is amended to read:

AB530,19,20 440.03 (9) (a) Subject to pars. (b) and (c) and except as provided in par. (bm), the department shall, biennially, determine each fee for an initial credential for which no examination is required, for a reciprocal credential, and for a credential renewal by doing all of the following:

AB530,35 Section 35. 440.03 (9) (bm) of the statutes is created to read:

AB530,19,24 440.03 (9) (bm) The medicolegal investigation examining board may determine the amount of any fees imposed for licenses issued under s. 463.10, in accordance with s. 463.05 (2) (a).

AB530,36 Section 36. 440.03 (13) (b) 38m. of the statutes is created to read:

AB530,20,1 440.03 (13) (b) 38m. Medicolegal investigator.

AB530,37 Section 37. 440.05 (intro.) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB530,20,6 440.05 Standard fees. (intro.) The following standard fees apply to all initial credentials, except as provided in ss. 440.51, 444.03, 444.11, 446.02 (2) (c), 447.04 (2) (c) 2., 449.17 (1m) (d), and 449.18 (2) (d), and 463.05 (2) (a):

AB530,38 Section 38. 440.08 (2) (a) 46t. of the statutes is created to read:

AB530,20,9 440.08 (2) (a) 46t. Medicolegal investigation: January 1, 2015, and every 4 years thereafter.

AB530,39 Section 39. 440.78 (1) (b) of the statutes is amended to read:

AB530,20,12 440.78 (1) (b) A copy of the cremation permit release issued under s. 979.10 (1) (a) (ag).

AB530,40 Section 40. Chapter 463 of the statutes is created to read:

AB530,20,15 chapter 463 medicolegal investigation

AB530,20,16 463.01 Definitions. In this chapter:

AB530,20,17 (1) "Board" means the medicolegal investigation examining board.

AB530,20,19 (2) "Medical examiner" means a nonphysician medical examiner or a physician medical examiner.

AB530,20,24 (3) "Medicolegal investigation staff member" includes a chief deputy coroner, a deputy coroner, a deputy medical examiner, and any individual who assists the office of a coroner or medical examiner with an investigation of a death. "Medicolegal investigation staff member" does not include an individual performing solely administrative functions in the office of a coroner or medical examiner.

AB530,21,2 (4) "Nonphysician medical examiner" means a medical examiner appointed under s. 59.34 (1) (a) or 59.38 (5) who is not a physician.

AB530,21,3 (5) "Physician" has the meaning given in s. 448.01 (5).

AB530,21,5 (6) "Physician medical examiner" means a medical examiner appointed under s. 59.34 (1) (a) or 59.38 (5) who is a physician.

AB530,21,7 463.05 Powers and duties of board. (1) Duties. The board shall do all of the following:

AB530,21,10 (a) Promulgate rules specifying standards and curricula for the training and education requirements to be satisfied by individuals who seek or possess a license in medicolegal investigation.

AB530,21,12 (b) Coordinate and provide, on a regional basis, the training and education described in s. 463.10 (3) and (4) (a) 1. and (b) 2.

AB530,21,13 (c) Monitor compliance with the licensure requirements under this chapter.

AB530,21,16 (d) Approve instructor certification standards that must be satisfied in order for a person to conduct the training and education required under s. 463.10 (3) and (4) (a) 1. and (b) 2.

AB530,21,18 (e) If a license issued under s. 463.10 is not renewed, do any of the following that is applicable with respect to the holder of the license:

AB530,21,21 1. If the holder of the license is a coroner, send a statement to the governor recommending removal of the coroner from office because of the coroner's failure to renew the license.

AB530,22,2 2. If the holder of the license is a nonphysician medical examiner, send a statement to the county board or county executive, if applicable, of any county in which the individual serves recommending dismissal of the nonphysician medical examiner because of the nonphysician medical examiner's failure to renew the license.

AB530,22,5 3. If the holder of the license is a medicolegal investigation staff member, send a notice to the office in which the individual works notifying the coroner or medical examiner of the staff member's failure to renew the license.

AB530,22,6 (2) Powers. The board may do any of the following:

AB530,22,10 (a) Impose fees for initial licenses or for license renewals under s. 463.10 (2) and (4). If the board imposes any fee under this paragraph, the board shall set the fee at an amount commensurate with the cost of issuing licenses and monitoring compliance with this chapter.

AB530,22,12 (b) Impose a fee for the receipt of training and education provided under sub. (1) (b).

AB530,22,14 (c) Promulgate and enforce any rules not inconsistent with this chapter to enforce this chapter.

AB530,22,19 463.10 License required; requirements to maintain license. (1) License required. (a) Except as provided in par. (b), no person may perform a death investigation or perform the functions of a coroner, medical examiner, or medicolegal investigation staff member without a license in medicolegal investigation issued under this section.

AB530,22,21 (b) A physician medical examiner is not required to have a license in medicolegal investigation issued under this section.

AB530,22,23 (2) Issuing of licenses. (a) Initial license. The board shall issue a license in medicolegal investigation to an individual if all of the following are satisfied:

AB530,23,3 1. The individual is elected as a coroner, is appointed to fill a vacancy as a coroner, is appointed as a nonphysician medical examiner, or is hired by a coroner or medical examiner to serve as a medicolegal investigation staff member.

AB530,23,4 2. The individual pays any fee imposed by the board under s. 463.05 (2) (a).

AB530,23,9 (b) License renewal. The renewal date for a license issued under this subsection is specified under s. 440.08 (2) (a). Before any renewal license is delivered to an individual, the individual shall pay any fee established by the board under s. 463.05 (2) (a) and furnish to the board proof of completing all hours of training or education required under sub. (3), subject to any waiver granted under sub. (3) (c).

AB530,23,12 (3) Training and education requirements. (a) Subject to par. (d), an individual applying for an initial renewal of a license issued under sub. (2) shall satisfy all of the following:

AB530,23,13 1. Complete 24 hours of training, as prescribed by the board.

AB530,23,15 2. In addition to the hours of training required under subd. 1., do one of the following:

AB530,23,16 a. Complete 16 hours of training, as prescribed by the board.

AB530,23,18 b. Obtain a waiver from the requirement under subd. 2. a. in the method described under par. (c).

AB530,23,21 (b) An individual applying for a renewal of a license issued under sub. (2) subsequent to the renewal under par. (a) shall complete 24 hours of education, as prescribed by the board.

AB530,24,2 (c) The board may grant a waiver of the training requirement under par. (a) 2. a. to a coroner, nonphysician medical examiner, or medicolegal investigation staff member who holds a credential, in good standing, from a nationally recognized accreditation organization specializing in death investigation education and who applies to the board for a waiver in the method prescribed by the board.

AB530,24,6 (d) If an individual is issued an initial license under sub. (2) (a) when there is less than one year remaining until the next license renewal date, par. (a) does not apply to the individual until the individual's first renewal following a full, 4-year licensure term.

AB530,24,9 (4) Optional license. (a) Initial license. The board may issue a license in medicolegal investigation to an individual, other than an individual required to hold a license under sub. (1), who satisfies all of the following criteria:

AB530,24,11 1. The individual successfully completes 40 hours of training, as prescribed by the board, and any additional requirements set by the board.

AB530,24,13 2. The individual applies to the board for a license in the manner prescribed by the board.

AB530,24,15 3. The individual pays any licensing fee imposed by the board under s. 463.05 (2) (a).

AB530,24,18 (b) License renewal. The renewal date for a license issued under this subsection is specified under s. 440.08 (2) (a). Before any renewal license is delivered to an individual, the individual shall do all of the following:

AB530,24,19 1. Pay any fee established by the board under s. 463.05 (2) (a).

AB530,24,24 2. Furnish to the board proof of completing, in the 4-year period preceding the renewal date, 24 hours of education, as prescribed by the board. This subdivision does not apply to an individual applying for an initial renewal who is issued a license under par. (a) when there is less than one year remaining until the next license renewal date.

AB530,24,25 3. Fulfill any other requirements of licensure as prescribed by the board.

AB530,25,5 (5) Board notification requirement. An individual who is elected as a coroner, is appointed to fill a vacancy as a coroner, is appointed as a nonphysician medical examiner, or is hired by a coroner or medical examiner to serve as a medicolegal investigation staff member shall, if he or she leaves his or her position as a coroner, medical examiner, or medicolegal investigation staff member, so inform the board.

AB530,25,7 463.15 Penalty. Any person who violates s. 463.10 (1) (a) shall be fined not more than $1,000 or imprisoned not more than 90 days.

AB530,41 Section 41. 979.001 of the statutes is created to read:

AB530,25,9 979.001 Definitions. In this chapter:

AB530,25,10 (1) "Health care provider" means all of the following:

AB530,25,11 (a) A midwife licensed under subch. XIII of ch. 440.

AB530,25,12 (b) A nurse licensed under ch. 441.

AB530,25,13 (c) A chiropractor licensed under ch. 446.

AB530,25,14 (d) A dentist licensed under ch. 447.

AB530,25,16 (e) A physician, physician assistant, or respiratory care practitioner licensed or certified under subch. II of ch. 448.

AB530,25,17 (f) A physical therapist licensed under subch. III of ch. 448.

AB530,25,18 (g) A podiatrist licensed under subch. IV of ch. 448.

AB530,25,19 (h) A dietitian certified under subch. V of ch. 448.

AB530,25,20 (i) An athletic trainer licensed under subch. VI of ch. 448.

AB530,25,22 (j) An occupational therapist or occupational therapy assistant licensed under subch. VII of ch. 448.

AB530,25,23 (k) An optometrist licensed under ch. 449.