AB867: Bill Text

Mental health treatment records

Under current law, a coroner or medical examiner may obtain a deceased's health care records without informed consent for the purpose of completing a medical certification on a certificate of death or for conducting a death investigation. This bill provides a coroner or medical examiner access to a deceased's mental health treatment records without informed consent for the purpose of completing a medical certification on a certificate of death or for conducting a death investigation.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB867,1 Section 1. 15.405 (18) of the statutes is created to read:

AB867,8,5 15.405 (18) Medicolegal investigation examining board. There is created a medicolegal investigation examining board in the department of safety and professional services that shall consist of the following members appointed for 6-year terms:

AB867,8,7 (a) Two individuals, each of whom is a coroner, chief deputy coroner, or deputy coroner.

AB867,8,11 (am) Two individuals, each of whom is a nonaccredited medical examiner, as defined in s. 465.01 (4), or a medicolegal investigation staff member, as defined in s. 465.01 (3), other than a medicolegal investigation staff member included under par. (a).

AB867,8,13 (b) Two individuals, each of whom is an accredited medical examiner, as defined in s. 465.01 (1g).

AB867,9,1 (c) One member of the Wisconsin District Attorneys' Association.

AB867,9,2 (d) One member of the Badger State Sheriffs Association.

AB867,9,3 (e) One member of the Wisconsin Chiefs of Police Association.

AB867,9,4 (g) The attorney general or his or her designee.

AB867,9,5 (i) One public member.

AB867,2 Section 2. 20.165 (1) (g) of the statutes is amended to read:

AB867,9,15 20.165 (1) (g) General program operations. The amounts in the schedule for the licensing, rule making, and regulatory functions of the department, other than the licensing, rule-making, and credentialing functions of the medical examining board and the affiliated credentialing boards attached to the medical examining board and except for preparing, administering, and grading examinations. Ninety percent of all moneys received under chs. 440 to 480, except ch. chs. 448 and 465 and ss. 440.03 (13), and 440.05 (1) (b), and, less $10 of each renewal fee received under s. 452.12 (5); all moneys transferred from the appropriation under par. (i); and all moneys received under s. 440.055 (2), shall be credited to this appropriation.

AB867,3 Section 3. 20.165 (1) (hr) of the statutes is created to read:

AB867,9,20 20.165 (1) (hr) Medicolegal investigation examining board; program revenues. All moneys received from fees imposed for licenses issued under s. 465.10 to provide training and education to individuals licensed under s. 465.10 and to support the medicolegal investigation examining board in performing its duties and functions.

AB867,4 Section 4. 20.165 (1) (kd) of the statutes is created to read:

AB867,9,25 20.165 (1) (kd) Medicolegal investigation examining board. All moneys transferred from the appropriation account under s. 20.435 (1) (gm) to provide training and education to individuals licensed under s. 465.10 and to support the medicolegal investigation examining board in performing its duties and functions.

AB867,5 Section 5. 20.435 (1) (gm) of the statutes, as affected by 2015 Wisconsin Act 55, section 669, is amended to read:

AB867,10,13 20.435 (1) (gm) Licensing, review and certifying activities; fees; supplies and services. The amounts in the schedule for the purposes specified in ss. 253.12, 254.176, 254.178, 254.179, 254.20 (5) and (8), 254.31 to 254.39, 254.41, 254.47, 254.61 to 254.88, and 256.15 (8), ch. 69, for the purchase and distribution of medical supplies, and to analyze and provide data under s. 250.04. All moneys received under ss. 250.04 (3m), 254.176, 254.178, 254.181, 254.20 (5) and (8), 254.31 to 254.39, 254.41, 254.47, 254.61 to 254.88, and 256.15 (5) (f) and (8) (d) and ch. 69, other than s. 69.22 (1m), and as reimbursement for medical supplies shall be credited to this appropriation account, except that all moneys received under s. 69.22 for copies of death certificates shall be transferred to the appropriation account under s. 20.165 (1) (kd).

AB867,6 Section 6. 20.435 (1) (gm) of the statutes, as affected by 2015 Wisconsin Acts 55, section 670, and .... (this act), is repealed and recreated to read:

AB867,10,25 20.435 (1) (gm) Licensing, review and certifying activities; fees; supplies and services. The amounts in the schedule for the purposes specified in ss. 253.12, 254.176, 254.178, 254.179, 254.20 (5) and (8), 254.31 to 254.39, 254.41, and 256.15 (8), ch. 69, for the purchase and distribution of medical supplies, and to analyze and provide data under s. 250.04. All moneys received under ss. 250.04 (3m), 254.176, 254.178, 254.181, 254.20 (5) and (8), 254.31 to 254.39, 254.41, and 256.15 (5) (f) and (8) (d) and ch. 69, other than s. 69.22 (1m), and as reimbursement for medical supplies shall be credited to this appropriation account, except that all moneys received under s. 69.22 for copies of death certificates shall be transferred to the appropriation account under s. 20.165 (1) (kd).

AB867,7 Section 7. 51.30 (4) (b) 29. of the statutes is created to read:

AB867,11,11 51.30 (4) (b) 29. To a medical examiner, assistant medical examiner, coroner, or deputy coroner upon an oral or written request from that person, if the individual's treatment records are relevant to completion of a medical certification for the individual's death under s. 69.18 (2) or to an investigation of the cause or manner of the individual's death under s. 979.01 or 979.10. A custodian of treatment records may initiate contact with a coroner or medical examiner to inform him or her of treatment records of a deceased individual that may be relevant to the completion of a medical certification or the investigation of a death. The recipient of any information under this subdivision shall keep the information confidential except as necessary to comply with s. 69.18, 979.01, or 979.10.

AB867,8 Section 8. 69.01 (12) of the statutes is amended to read:

AB867,11,17 69.01 (12) "Final disposition" means the disposition of a corpse or stillbirth by burial, interment, entombment, cremation, delivery to a university or school under s. 157.02 (3) (1m) (c), or delivery to a medical or dental school anatomy department under s. 157.06. "Final disposition" does not include disposition of the ashes produced by cremation of a corpse or stillbirth.

AB867,9 Section 9. 69.18 (2) (d) 1. of the statutes is amended to read:

AB867,12,2 69.18 (2) (d) 1. Except as provided under par. (e), if a the manner of death is not natural and is the subject of a coroner's or medical examiner's determination investigated by a coroner or medical examiner under s. 979.01 or 979.03, the coroner or medical examiner or a physician supervised by a coroner or medical examiner in the county where the event which caused the death occurred shall complete and sign the medical certification for the death and mail the death certificate within 5 days after the pronouncement of death or present the certificate to the person responsible for filing the death certificate under sub. (1) within 6 days after the pronouncement of death.

AB867,10 Section 10. 69.18 (2) (d) 2. of the statutes is amended to read:

AB867,12,10 69.18 (2) (d) 2. Except as provided under par. (e), if the decedent was not under the care of a physician for the illness or condition from which the person died, the coroner or medical examiner, or a physician supervised by a coroner or medical examiner, in the county of the place of death shall complete and sign the medical certification for the death and mail the death certificate within 5 days after the pronouncement of death or present the certificate to the person responsible for filing the death certificate under sub. (1) within 6 days after the pronouncement of death.

AB867,11 Section 11. 69.18 (2) (d) 3. of the statutes is amended to read:

AB867,12,18 69.18 (2) (d) 3. For a medical certification under this paragraph, except a medical certification of the cause of death of an indigent, a coroner or medical examiner may charge a fee established by the county board, not to exceed an amount reasonably related to the actual and necessary cost of providing the medical certification. The coroner or medical examiner, or the physician employed by the coroner or medical examiner, shall mail or present complete and sign a medical certification as required under subd. 1., whether or not the fee has been paid.

AB867,12 Section 12. 69.18 (3) (a) of the statutes is amended to read:

AB867,13,3 69.18 (3) (a) Except as provided under par. (c) or (e), the person who has moved a corpse under sub. (1) (a) shall complete a report for final disposition, on a form supplied by the state registrar, and, within 24 hours after being notified of the death, mail or present a copy of the report to the coroner or medical examiner in the county of the place of death and mail or present a copy to the local registrar in the registration district of the place of death. If the cause of death is subject to an investigation must be reported to a coroner or medical examiner under s. 979.01 or 979.03, the report for final disposition shall be submitted to the coroner or medical examiner in the county in which the event which caused the death occurred.

AB867,13 Section 13. 69.18 (3) (b) of the statutes is amended to read:

AB867,13,9 69.18 (3) (b) If a medical certification for a corpse is required under sub. (2) (d), no person may embalm the corpse or effect its final disposition without satisfying the requirements for a report under par. (a) and without obtaining the written permission of the person required to complete the medical certification under sub. (2) (d) an authorization to embalm or dispose of a body under s. 979.105.

AB867,14 Section 14. 69.18 (3) (d) of the statutes is amended to read:

AB867,13,18 69.18 (3) (d) No person may remove a corpse from this state if the place of death was in this state unless the corpse is accompanied by a copy of the report for final disposition. If a medical certification is required for the corpse under sub. (2) (d), the corpse must be accompanied by the report and the written permission of the coroner or medical examiner to embalm and effect final disposition an authorization to embalm or dispose of a body under s. 979.105. No person may remove a stillbirth from this state if the delivery of the stillbirth was in this state unless the stillbirth is accompanied by a report for final disposition.

AB867,15 Section 15. 69.18 (4) (a) (intro.) of the statutes is renumbered 69.18 (4) (c) and amended to read:

AB867,14,4 69.18 (4) (c) Subject to s. 157.111, the coroner or medical examiner of the county in which a decedent's corpse is interred shall issue an authorization a permit for disinterment and reinterment upon receipt of an order of a court of competent jurisdiction or upon receipt of a written application for disinterment and reinterment signed by the person in charge of the disinterment and by any of the following persons, in order of priority stated, when persons in prior classes are not available at the time of application, and in the absence of actual notice of contrary indications by the decedent or actual notice of opposition by a member of the same or a prior class:.

AB867,16 Section 16. 69.18 (4) (a) 1g. to 6. of the statutes are renumbered 69.18 (4) (am) 1g. to 6.

AB867,17 Section 17. 69.18 (4) (am) (intro.) of the statutes is created to read:

AB867,14,10 69.18 (4) (am) (intro.) In this subsection, "representative of the decedent" means any member of the following classes of individuals, in the order of priority listed:

AB867,18 Section 18. 69.18 (4) (b) of the statutes is created to read:

AB867,14,14 69.18 (4) (b) Except as provided in s. 157.112 (3), no person may disinter a human corpse from a grave or tomb without first obtaining a disinterment permit under par. (c) or (d).

AB867,19 Section 19. 69.18 (4) (bm) of the statutes is repealed.

AB867,20 Section 20. 69.18 (4) (d) of the statutes is created to read:

AB867,14,21 69.18 (4) (d) Subject to s. 157.111, the coroner or medical examiner of the county in which a decedent's corpse is interred shall issue a disinterment permit upon receipt of a written application for disinterment that is made and signed by a representative of the decedent and signed by the person in charge of disinterment if all of the following apply:

AB867,14,23 1. No representative of the decedent who is a member of a prior class under par. (am) is available at the time the application is made.

AB867,14,25 2. The coroner or medical examiner does not have actual notice that the decedent would have opposed the disinterment.

AB867,15,3 3. The coroner or medical examiner does not have actual notice of opposition to disinterment by a representative of the decedent who is a member of the same or a prior class under par. (am) as the applicant.

AB867,15,5 4. The applicant provides proof of intent to cremate the decedent's corpse or to lawfully inter the decedent's corpse in a specified burial place.

AB867,21 Section 21. 69.18 (4) (e) of the statutes is created to read:

AB867,15,8 69.18 (4) (e) No person may cremate a corpse disinterred under this subsection without obtaining a cremation release under s. 979.10 (1) (ag).

AB867,22 Section 22. 69.18 (4) (f) of the statutes is created to read:

AB867,15,12 69.18 (4) (f) Except as provided in s. 157.112 (3), no person may disinter a decedent's cremated remains from a cemetery unless all of the following conditions are satisfied:

AB867,15,13 1. The cemetery authority, or its designee, consents to disinterment.

AB867,15,16 2. A representative of the decedent consents to disinterment and no other representative of the decedent who is a member of the same or a prior class under par. (am) objects to disinterment.

AB867,23 Section 23. 69.20 (2) (a) 2. of the statutes is amended to read:

AB867,15,20 69.20 (2) (a) 2. For a certificate of death, any of the persons specified under s. 69.18 (4) (a) (am) 1g. to 6. or an individual who is authorized in writing by one of the persons.

AB867,24 Section 24. 157.02 (1), (2), (3), (4) and (5) of the statutes are renumbered 157.02 (1m) (a), (b), (c), (d) and (e), and 157.02 (1m) (b) and (e), as renumbered, are amended to read:

AB867,16,3 157.02 (1m) (b) Time allowed relative to act. If a relative or friend fails to arrange for taking charge of the corpse within a reasonable time after death, the superintendent or other officer may proceed as provided in this section subsection, but relatives or friends may claim the corpse at any time before it has been delivered pursuant to sub. (3) par. (c).

AB867,16,5 (e) Other disposition. If the corpse is not disposed of under subs. (1) to (4) pars. (a) to (d), the superintendent or public officer shall properly bury it.

AB867,25 Section 25. 157.02 (1m) (title) of the statutes is created to read:

AB867,16,7 157.02 (1m) (title) Disposition of inmate's remains.

AB867,26 Section 26. 157.02 (2m) of the statutes is created to read:

AB867,16,16 157.02 (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.

AB867,16,19 (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.

AB867,16,23 (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.

AB867,27 Section 27. 157.03 (1) of the statutes is amended to read:

AB867,17,5 157.03 (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.

AB867,28 Section 28. 157.03 (2) of the statutes is amended to read:

AB867,17,10 157.03 (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.

AB867,29 Section 29. 157.055 (2) (intro.) of the statutes is amended to read:

AB867,17,16 157.055 (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:

AB867,30 Section 30. 157.112 (3) (intro.) of the statutes is amended to read:

AB867,17,20 157.112 (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:

AB867,31 Section 31. 157.70 (3) (a) of the statutes is amended to read:

AB867,17,25 157.70 (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).

AB867,32 Section 32. 346.71 (1) of the statutes is amended to read:

AB867,18,13 346.71 (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).

AB867,33 Section 33. 346.71 (2) of the statutes is amended to read:

AB867,19,13 346.71 (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.

AB867,34 Section 34. 440.03 (9) (a) (intro.) of the statutes is amended to read:

AB867,19,18 440.03 (9) (a) (intro.) 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: