AB867: Bill Text

AB867,22,15 (2) Powers. The board may do any of the following:

AB867,22,19 (a) Impose fees for initial licenses or for license renewals under s. 465.10 (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.

AB867,22,21 (c) Promulgate and enforce any rules not inconsistent with this chapter to enforce this chapter.

AB867,23,2 465.10 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 medical examiner or medicolegal investigation staff member without a license in medicolegal investigation issued under this section.

AB867,23,4 (b) None of the following is required to have a license in medicolegal investigation issued under this section:

AB867,23,5 1. An accredited medical examiner.

AB867,23,7 2. An individual who is elected as a coroner or appointed to fill a vacancy as a coroner.

AB867,23,9 (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:

AB867,23,12 1. The individual is appointed as a nonaccredited medical examiner or is hired by a coroner or medical examiner to serve as a medicolegal investigation staff member.

AB867,23,13 2. The individual pays any fee imposed by the board under s. 465.05 (2) (a).

AB867,23,18 (b) License renewal. The renewal date for a license issued under this subsection is specified under s. 440.08 (2) (a). Renewal applications shall include any fee established by the board under s. 465.05 (2) (a) and proof satisfactory to the board that the individual has completed all hours of training or education required under sub. (3).

AB867,23,21 (3) Training and education requirements. (a) An individual who is issued an initial license under sub. (2) (a) shall, within 18 months after the license is issued, complete a basic, 40-hour death investigation training course approved by the board.

AB867,24,2 (am) 1. An individual who is issued an initial license under sub. (2) (a) within 18 months prior to the next renewal date may renew the license one time without satisfying the requirement under par. (a). The individual may renew the license a 2nd time following completion, within the period specified under par. (a), of that requirement.

AB867,24,5 2. An individual who is issued an initial license under sub. (2) (a) more than 18 months prior to the next renewal date may renew the license one time after satisfying, within the period specified under par. (a), the requirement under par. (a).

AB867,24,10 (b) An individual applying for a renewal of a license issued under sub. (2) (a) subsequent to the 2nd renewal under par. (am) 1. or the first renewal under par. (am) 2., and an individual applying for a renewal of a license issued under sub. (2) (a) subsequent to the renewal under sub. (3m) (b), shall complete 24 hours of education, as prescribed by the board.

AB867,24,18 (3m) Currently serving individuals. (a) Notwithstanding sub. (2) (a), the board shall issue an initial license in medicolegal investigation under sub. (2) (a) to every individual who is serving as a nonaccredited medical examiner or medicolegal investigation staff member in this state on the effective date of this paragraph .... [LRB inserts date]. The board may also, in the manner prescribed by the board, issue an initial license in medicolegal investigation under sub. (2) (a) to an individual who is serving as a coroner in this state on the effective date of this paragraph .... [LRB inserts date], and who elects to receive a license under this paragraph.

AB867,24,22 (b) Notwithstanding sub. (3) (a) and (am), an individual issued an initial license under par. (a) is not required to satisfy the requirement under sub. (3) (a), but shall instead, prior to the January 1, 2019, renewal date, satisfy all of the following in order to renew the license:

AB867,24,23 1. Complete 24 hours of education, as prescribed by the board.

AB867,24,25 2. In addition to the hours of education required under subd. 1., do one of the following:

AB867,25,1 a. Complete 16 hours of education, as prescribed by the board.

AB867,25,3 b. Obtain a waiver from the requirement under subd. 2. a. in the method described under par. (c).

AB867,25,8 (c) The board may grant a waiver of the education requirement under par. (b) 2. a. to a coroner, nonaccredited 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.

AB867,25,10 (d) Notwithstanding sub. (2) (a) 2. and s. 465.05 (2) (a), no initial license fee may be imposed for individuals issued an initial license under par. (a).

AB867,25,13 (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:

AB867,25,15 1. The individual successfully completes 40 hours of training, as prescribed by the board, and any additional requirements set by the board.

AB867,25,17 2. The individual applies to the board for a license in the manner prescribed by the board.

AB867,25,19 3. The individual pays any licensing fee imposed by the board under s. 465.05 (2) (a).

AB867,25,22 (b) License renewal. The renewal date for a license issued under this subsection is specified under s. 440.08 (2) (a). Renewal applications shall include all of the following:

AB867,25,23 1. Any fee established by the board under s. 465.05 (2) (a).

AB867,26,3 2. Proof satisfactory to the board that the individual has completed, 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.

AB867,26,5 3. Proof that the individual has fulfilled any other requirements of licensure as prescribed by the board.

AB867,26,10 (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 nonaccredited 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.

AB867,26,12 465.15 Penalty. Any person who violates s. 465.10 (1) (a) shall be fined not more than $1,000 or imprisoned not more than 90 days.

AB867,41 Section 41. 979.001 of the statutes is created to read:

AB867,26,14 979.001 Definitions. In this chapter:

AB867,26,15 (1) "Health care provider" means all of the following:

AB867,26,16 (a) A midwife licensed under subch. XIII of ch. 440.

AB867,26,17 (b) A nurse licensed under ch. 441.

AB867,26,18 (c) A chiropractor licensed under ch. 446.

AB867,26,19 (d) A dentist licensed under ch. 447.

AB867,26,21 (e) A physician, physician assistant, or respiratory care practitioner licensed or certified under subch. II of ch. 448.

AB867,26,22 (f) A physical therapist licensed under subch. III of ch. 448.

AB867,26,23 (g) A podiatrist licensed under subch. IV of ch. 448.

AB867,26,24 (h) A dietitian certified under subch. V of ch. 448.

AB867,26,25 (i) An athletic trainer licensed under subch. VI of ch. 448.

AB867,27,2 (j) An occupational therapist or occupational therapy assistant licensed under subch. VII of ch. 448.

AB867,27,3 (k) An optometrist licensed under ch. 449.

AB867,27,4 (L) A pharmacist licensed under ch. 450.

AB867,27,5 (m) An acupuncturist certified under ch. 451.

AB867,27,6 (n) A psychologist licensed under ch. 455.

AB867,27,8 (o) A social worker, marriage and family therapist, or professional counselor certified or licensed under ch. 457.

AB867,27,11 (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.

AB867,27,12 (q) A massage therapist or bodyworker certified under ch. 460.

AB867,27,14 (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.

AB867,27,16 (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.

AB867,27,17 (4) "Human remains" has the meaning given in s. 157.061 (8).

AB867,27,18 (5) "Law enforcement agency" has the meaning given in s. 165.83 (1) (b).

AB867,27,22 (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.

AB867,27,24 (7) "Nursing home" means a facility that meets the definition in s. 50.01 (3) and that is licensed under subch. I of ch. 50.

AB867,28,3 (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:

AB867,28,4 (a) The deceased's spouse.

AB867,28,5 (b) An adult son or daughter of the deceased.

AB867,28,6 (c) A parent of the deceased.

AB867,28,7 (d) An adult brother or sister of the deceased.

AB867,28,8 (e) A person appointed as a representative of the deceased by the circuit court.

AB867,42 Section 42. 979.01 (title) of the statutes is amended to read:

AB867,28,11 979.01 (title) Reporting deaths required; penalty; taking specimens by coroner or medical examiner jurisdiction for investigating deaths.

AB867,43 Section 43. 979.01 (1) of the statutes is repealed and recreated to read:

AB867,28,23 979.01 (1) (a) If a death occurs outside a hospital, physician's office, nursing home, or hospice, 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 an appropriate law enforcement agency and 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:

AB867,28,24 1. A death that involves unexplained, unusual, or suspicious circumstances.

AB867,28,25 2. A death that the person has reason to believe is the result of a homicide.

AB867,29,1 3. A death that the person has reason to believe is the result of a suicide.

AB867,29,3 4. A death of a woman that is associated with an abortion, as defined in s. 253.10 (2) (a).

AB867,29,7 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.

AB867,29,9 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.

AB867,29,13 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).

AB867,29,16 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).

AB867,29,20 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.

AB867,29,23 (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:

AB867,29,25 1. A death that occurs while an individual is in the actual or constructive custody of a law enforcement officer.

AB867,30,2 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.

AB867,30,7 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.

AB867,30,11 (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 or medical examiner in the county where the facility is located.

AB867,30,14 (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.

AB867,30,17 (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:

AB867,30,18 1. The death occurred in the emergency department of the hospital.

AB867,30,21 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.

AB867,31,2 (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.

AB867,31,5 (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.