AB530: Bill Text

AB530,41,20 (ag) No person may cremate a corpse body unless the person has received a cremation permit release from one of the following:

AB530,73 Section 73. 979.10 (1) (a) 1., 2. and 3. of the statutes are renumbered 979.10 (1) (ag) 1., 2. and 3. and amended to read:

AB530,41,25 979.10 (1) (ag) 1. The coroner or medical examiner in the county where the death occurred was pronounced if the death occurred was pronounced in this state; and the death was not subject to an investigation under s. 979.01.

AB530,42,4 2. The coroner or medical examiner in the county where the event which caused the death occurred if the death occurred in this state and who investigated the death if the death was pronounced in this state and is the subject of to an investigation under s. 979.01; or.

AB530,42,8 3. The coroner or medical examiner of the county where the corpse body is to be cremated if the death occurred was pronounced outside this state. A cremation permit issued under this subdivision may not be used in any county except the county in which the cremation permit is issued.

AB530,74 Section 74. 979.10 (1) (a) 1m. and 2m. of the statutes are created to read:

AB530,42,11 979.10 (1) (a) 1m. The person determines that the body must be cremated immediately to effectively contain the disease.

AB530,42,13 2m. A public health authority orders sooner disposal of the body under s. 157.055 (2) (c) during a state of emergency related to public health.

AB530,75 Section 75. 979.10 (1) (b) of the statutes is amended to read:

AB530,42,20 979.10 (1) (b) A coroner or medical examiner shall include in any cremation permit release issued under par. (a) (ag) a statement that he or she has viewed the corpse body which is the subject of the permit release and made personal inquiry into the cause and manner of death under sub. (2) and is of the opinion that no further examination or judicial inquiry is necessary. The release shall also specify the earliest date and time that the cremation may occur.

AB530,76 Section 76. 979.10 (1) (c) of the statutes is renumbered 157.113 and amended to read:

AB530,42,25 157.113 Permission required to deposit cremated remains in cemetery. No person may deposit any cremated remains of a corpse in any cemetery without the permission of the person who owns or is in charge of the cemetery authority.

AB530,77 Section 77. 979.10 (1) (d) of the statutes is created to read:

AB530,43,10 979.10 (1) (d) If the medical certification of the cause and manner of death of a deceased is completed by a physician under s. 69.18 (2) (b) or (c), the coroner or medical examiner shall review the medical certification before issuing a cremation release for the deceased. It is not a violation of s. 69.24 for a coroner or medical examiner to make or receive a copy of a death certificate, that has not been filed under s. 69.18 (1), for purposes of this paragraph. A coroner or medical examiner may not release such a copy of a death certificate to any other person or use the copy for a purpose other than complying with the review requirement under this paragraph.

AB530,78 Section 78. 979.10 (2) of the statutes is amended to read:

AB530,43,25 979.10 (2) If a corpse is to be cremated person requests a cremation release, the coroner or medical examiner shall view the body, make a careful personal inquiry into the cause and manner of death, and conduct an autopsy or order the conducting of an autopsy, if in his or her or the coroner, medical examiner, or district attorney's opinion attorney determines that it is necessary to determine the cause and manner of death, perform or order an autopsy performed on the body. If the coroner or medical examiner determines that no further examination or judicial inquiry is necessary, he or she shall certify that fact and issue a cremation release. Upon written request by the district attorney the coroner or medical examiner shall obtain the concurrence of the district attorney before issuing the certification cremation release. If the coroner or medical examiner determines that further examination or judicial inquiry is necessary, he or she shall notify the district attorney under s. 979.04 (2) and refuse to issue a cremation release until the examination or judicial inquiry is concluded.

AB530,79 Section 79. 979.10 (3) of the statutes is repealed.

AB530,80 Section 80. 979.10 (4) of the statutes is amended to read:

AB530,44,7 979.10 (4) Whoever accepts, receives, or takes any corpse body of a deceased person with intent to destroy the corpse body by means of cremation, or who cremates or aids and assists in the cremation of any corpse body of a deceased person without having presented the permit release specified in sub. (1) (ag), shall be fined not more than $10,000 or imprisoned not more than 9 months or both.

AB530,81 Section 81. 979.10 (5) of the statutes is created to read:

AB530,44,12 979.10 (5) If a coroner or medical examiner issues an authorization under s. 979.105 for a body but refuses to issue a cremation release for the body under sub. (2), the coroner or medical examiner and the county are not liable for the cost of storing the body.

AB530,82 Section 82. 979.10 (6) of the statutes is created to read:

AB530,44,18 979.10 (6) A person receiving a body under s. 157.02 (1m) (c) or 157.06 for the purpose of medical research or education shall request a cremation release from the coroner or medical examiner who has jurisdiction to issue a cremation release under sub. (1) (ag) before moving the body out of the county served by the coroner or medical examiner.

AB530,83 Section 83. 979.22 of the statutes is amended to read:

AB530,45,2 979.22 Autopsies Fees for other autopsy and toxicological services other diagnostic procedures by coroners or medical examiners. A coroner or medical examiner may perform autopsies and toxicological services other diagnostic procedures not required under this chapter and may charge a fee established by the county board for such autopsies and services procedures. The fee may not exceed an amount reasonably related to the actual and necessary cost of providing the service autopsy and procedures.

AB530,84 Section 84. Nonstatutory provisions.

AB530,45,7 (1) Examining board; initial terms. Notwithstanding the length of terms specified for the members of the medicolegal investigation examining board under section 15.405 (18) of the statutes, as created by this act, initial appointments to the medicolegal investigation examining board shall be made as follows:

AB530,45,12 (a) The forensic pathologist member under section 15.405 (18) (a) of the statutes, as created by this act; the member under section 15.405 (18) (c) of the statutes, as created by this act; the member under section 15.405 (18) (e) of the statutes, as created by this act; and the member under section 15.405 (18) (i) of the statutes, as created by this act, shall be appointed for terms expiring on July 1, 2016.

AB530,45,17 (b) The coroner member under section 15.405 (18) (a) of the statutes, as created by this act; the member under section 15.405 (18) (b) of the statutes, as created by this act; the member under section 15.405 (18) (d) of the statutes, as created by this act; and the member under section 15.405 (18) (h) of the statutes, as created by this act, shall be appointed for terms expiring on July 1, 2018.

AB530,45,21 (c) The medical examiner member under section 15.405 (18) (a) of the statutes, as created by this act; the member under section 15.405 (18) (f) of the statutes, as created by this act; and the member under section 15.405 (18) (g) of the statutes, as created by this act, shall be appointed for terms expiring on July 1, 2020.

AB530,45,22 (2) Currently serving individuals.

AB530,45,23 (a) In this subsection:

AB530,45,25 1. "Medical examiner" means a nonphysician medical examiner or a physician medical examiner.

AB530,46,5 2. "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.

AB530,46,7 3. "Nonphysician medical examiner" means a medical examiner appointed under section 59.34 (1) (a) or 59.38 (5) of the statutes who is not a physician.

AB530,46,8 4. "Physician" has the meaning given in section 448.01 (5) of the statutes.

AB530,46,10 5. "Physician medical examiner" means a medical examiner appointed under section 59.34 (1) (a) or 59.38 (5) of the statutes who is a physician.

AB530,46,16 (b) Notwithstanding section 463.10 (2) (a) of the statutes, as created by this act, the medicolegal investigation examining board shall issue an initial license in medicolegal investigation under section 463.10 (2) of the statutes, as created by this act, to every individual who is serving as coroner, nonphysician medical examiner, and medicolegal investigation staff member in this state on the effective date of this paragraph.

AB530,46,19 (c) 1. Notwithstanding section 463.10 (2) (a) 2. of the statutes, as created by this act, no initial license fee may be imposed for individuals issued an initial license under paragraph (b).

AB530,46,22 2. Notwithstanding s. 463.05 (2) (b), as created by this act, no fee may be imposed for training provided by the board under s. 463.10 (3) (a) 1. and 2. a., as created by this act, for individuals issued an initial license under paragraph (b).

AB530,85 Section 85. Initial applicability.

AB530,47,10 (1) Death investigations; authorization to embalm or dispose of a body; cremation release; disposition of bodies. The treatment of sections 69.01 (12), 69.18 (2) (d) 1., 2., and 3., and (3) (a), (b), and (d), 157.02 (1), (1m) (title), (2), (2m), (3), (4), and (5), 157.03 (1) and (2), 157.055 (2) (intro.), 346.71 (2), 440.78 (1) (b), 979.001, 979.01 (title), (1), (1d), (1g), (1i), (1k), (1p), (1r), (3), (3m), and (4), 979.017, 979.025 (title), (1), (2), and (3), 979.03, 979.032, 979.034, 979.036, 979.09, 979.10 (1) (a) (intro.), 1., 1m., 2., 2m., and 3., (b), (c), and (d), (2), (3), (4), (5), and (6), and 979.22 of the statutes, the renumbering and amendment of sections 979.01 (1m) and (2) and 979.02 of the statutes, the amendment of section 979.02 (title) of the statutes, and the creation of sections 979.01 (1m) (b) and (2) (b) and 979.02 (2), (3), (4), (5), (6), and (7) of the statutes first apply to deaths occurring on the effective date of this subsection.

AB530,47,13 (2) Disinterment permits. The treatment of sections 69.18 (4) (a) (intro.) and 1g. to 6., (am) (intro.), (b), (bm), (d), (e), and (f) and 157.112 (3) (intro.) of the statutes first applies to disinterments performed on the effective date of this subsection.

AB530,86 Section 86. Effective date.

AB530,47,16 (1) This act takes effect on the first day of the 13th month beginning after publication.

AB530,47,17 (End)