AB867: Bill Text

AB867,53 Section 53. 979.01 (2) (b) of the statutes is created to read:

AB867,33,17 979.01 (2) (b) Any partnership, association, organization, institution, or body politic or corporate that violates sub. (1) may be fined not more than $10,000.

AB867,54 Section 54. 979.01 (3) of the statutes is repealed.

AB867,55 Section 55. 979.01 (3m) of the statutes is repealed.

AB867,56 Section 56. 979.01 (4) of the statutes is renumbered 979.105 and amended to read:

AB867,34,14 979.105 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 or on the body of any person whose death has been reported under s. 948.23 (1) (b) unless the person obtains the individual whose death must be reported under s. 948.23 (1) (b) or 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.

AB867,57 Section 57. 979.015 of the statutes is amended to read:

AB867,34,22 979.015 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.

AB867,58 Section 58. 979.017 of the statutes is created to read:

AB867,35,5 979.017 Custody of and authorization to move a body. (1) After any crime scene investigation has been completed, 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.

AB867,35,11 (2) If an individual's death must be reported under s. 979.01 (1), no person may move the individual's body at or from the scene of death without authorization from both the law enforcement agency investigating the death and the coroner or medical examiner to whom the death was first reported under s. 979.01, except if it is necessary to move the body to perform search or rescue operations for living individuals.

AB867,59 Section 59. 979.02 (title) of the statutes is amended to read:

AB867,35,13 979.02 (title) Autopsies and other diagnostic procedures.

AB867,60 Section 60. 979.02 of the statutes is renumbered 979.02 (1) and amended to read:

AB867,36,7 979.02 (1) The coroner, or medical examiner or district attorney who has jurisdiction to investigate a death under s. 979.01 may order the conducting of that an autopsy upon or other appropriate diagnostic procedure be performed on the body of a dead person any place within the state in cases where an inquest might be had as provided in s. 979.04 notwithstanding the fact that no such inquest is ordered or conducted. The autopsy shall be conducted by a licensed physician who has specialized training in pathology. The district attorney may move the circuit court for the county in which the body is buried for an order disinterring the body for purposes of autopsy. The order shall be granted by the circuit court upon a reasonable showing that any of the criteria specified in s. 979.04 exists. This section does not prevent additional autopsies or examinations of the body if there are unanswered pathological questions concerning the death and the causes of death the deceased, or may extract from the body any specimen, bodily fluids, other bodily material, or other material for analysis that will assist him or her in conducting a death investigation. The coroner or medical examiner shall dispose of specimens, fluids, and materials that are no longer of use in the investigation in accordance with standard biological material practices and county evidence retention rules.

AB867,61 Section 61. 979.02 (2) to (7) of the statutes are created to read:

AB867,36,12 979.02 (2) The coroner or medical examiner who has jurisdiction to investigate a death under s. 979.01, or his or her designee, shall order that an autopsy and any other appropriate diagnostic procedure be performed on the body of the deceased if any of the following applies:

AB867,36,15 (a) The coroner or medical examiner has reason to believe that the death resulted from a criminal act, unless the district attorney waives the requirement for an autopsy.

AB867,36,17 (b) The death must be reported under s. 979.01 (1) (b) or (c), unless the district attorney waives the requirement for an autopsy.

AB867,36,19 (c) The deceased was under 18 years of age and the death is unexplained or unusual.

AB867,36,21 (d) The deceased was under 2 years of age and the death occurred under circumstances indicating sudden infant death syndrome.

AB867,36,24 (3) The district attorney may order an autopsy conducted on the body of a deceased regardless of whether the conditions for ordering an inquest under s. 979.04 (1) are satisfied.

AB867,37,2 (4) An autopsy ordered under this section may be performed only by a licensed physician who has undergone specialized training in pathology.

AB867,37,5 (5) The requirement to order an autopsy under sub. (2) does not preclude a coroner or medical examiner from allowing the removal of a body part that is the subject of an anatomical gift under s. 157.06.

AB867,37,12 (6) Except if ordered under sub. (3), no person may perform an autopsy on the body of an individual whose death must be reported under s. 948.23 (1) (b) or 979.01 (1) without the written authorization of the coroner or medical examiner who has jurisdiction to investigate the death under s. 979.01. In cases in which the coroner or medical examiner issues an authorization to perform an autopsy, the coroner or medical examiner shall, if possible, issue the authorization within 12 hours after being notified of the death, or as soon as possible thereafter.

AB867,37,20 (7) If the coroner or medical examiner who has jurisdiction to investigate a death under s. 979.01 determines that an autopsy or analysis of specimens, bodily fluids, or other bodily materials is not required for an investigation of a death that must be reported under s. 948.23 (1) (b) or 979.01 (1) and a representative of the deceased inquires about performance of an autopsy or analysis of specimens, bodily fluids, or other bodily materials, the coroner or medical examiner shall inform the representative of the deceased that the representative of the deceased may contract for pathology-related services at his or her own expense.

AB867,62 Section 62. 979.025 (2) of the statutes is amended to read:

AB867,38,8 979.025 (2) Inmate confined in an institution in another state. If an individual dies while he or she is in the legal custody of the department and confined to a correctional facility in another state under a contract under s. 301.07, 301.21, or 302.25, the department shall have an autopsy and any other appropriate diagnostic procedure performed by an appropriate authority in the other state or by the coroner or medical examiner of the county in which the circuit court is located that sentenced the individual to the custody of the department. If the coroner or medical examiner who performs the autopsy or other diagnostic procedure in this state determines that the individual's death may have been the result of any of the situations that would permit the district attorney to order an inquest under s. 979.04 (1), the coroner or medical examiner shall forward the results of the autopsy or other diagnostic procedure to the appropriate authority in the other state.

AB867,63 Section 63. 979.025 (3) of the statutes is amended to read:

AB867,38,13 979.025 (3) Costs of an autopsy and diagnostic procedure. The costs of an autopsy or other diagnostic procedure performed under sub. (1) or (2) or performed on an inmate confined in a correctional facility in this state whose death must be reported under s. 979.01 (1) (b) shall be paid by the department.

AB867,64 Section 64. 979.027 of the statutes is created to read:

AB867,38,23 979.027 Disinterment for autopsy or other diagnostic procedure. The district attorney may move the circuit court for the county in which a body is buried for an order disinterring the body for the purpose of conducting an autopsy or other diagnostic procedures. The order shall be granted by the circuit court upon a reasonable showing that any of the criteria specified in s. 979.04 (1) exists. The clerk of the circuit court shall send a copy of the order to the coroner or medical examiner in the county in which the body is buried. Upon receipt of the order, the coroner or medical examiner shall issue a permit for disinterment and reinterment under s. 69.18 (4) (c).

AB867,65 Section 65. 979.03 of the statutes is repealed.

AB867,66 Section 66. 979.032 of the statutes is created to read:

AB867,39,3 979.032 Coroner or medical examiner investigation records. (1) The coroner or medical examiner shall create and maintain for each investigation conducted under s. 979.01 a record that contains all of the following:

AB867,39,4 (a) The full name of the deceased and any known alias used by the deceased.

AB867,39,5 (b) A coroner or medical examiner case number.

AB867,39,6 (c) A case activity log.

AB867,39,13 (d) An investigation report containing any personal information regarding the deceased that is relevant to determining the cause and manner of death, the medical history of the deceased, information relevant to the circumstances of the death, death scene observations, findings regarding the body of the deceased that are relevant to determining the cause of death, notation of evidence recovered, including any visual documentation, a list of other persons or agencies involved in the investigation, and a list of persons interviewed by the coroner or medical examiner regarding the case.

AB867,39,14 (e) A written autopsy report, if an autopsy is conducted.

AB867,39,17 (f) Documentation of the chain of custody of all evidence and property obtained by the coroner or medical examiner, including an inventory sheet of prescription medications, described under s. 979.036 (2), if applicable.

AB867,39,20 (2) The coroner or medical examiner shall maintain investigation records created under sub. (1) in an office that is owned or leased by the county, maintained by the county, and designated as the office of the county coroner or medical examiner.

AB867,39,23 (3) Subject to s. 979.034, the coroner or medical examiner shall maintain written policies regarding access to investigation records created or maintained under this section.

AB867,67 Section 67. 979.034 of the statutes is created to read:

AB867,40,8 979.034 Confidentiality of coroner or medical examiner investigation records and information. (1) The coroner or medical examiner shall keep confidential all records obtained under s. 51.30 (4) (b) 29. or 146.82 (2) (a) 18., all confidential documents obtained by subpoena under s. 979.015, and any information contained in such records or documents, except that the coroner or medical examiner may divulge such information as necessary to complete a medical certification under s. 69.18 (2) and shall provide access to information and records to law enforcement and district attorneys.

AB867,40,16 (2) The coroner or medical examiner shall keep records of autopsies and other diagnostic procedures, including any photographs or other pictorial images of the deceased made in connection with a death investigation, and information learned from a death investigation or other diagnostic procedure confidential. The coroner or medical examiner may not release such records or information except to persons to whom the deceased's patient health care records may be released under s. 146.82 (2) without informed consent, to a representative of the deceased or his or her designee, or for educational purposes.

AB867,40,22 (3) If a law enforcement agency, or a district attorney, investigating a death requests that the coroner or medical examiner keep investigation records under s. 979.032 and information related to an investigation confidential, the coroner or medical examiner shall keep such records and information confidential for as long as the law enforcement agency has an open death investigation or the district attorney requests.

AB867,68 Section 68. 979.036 of the statutes is created to read:

AB867,41,6 979.036 Handling of personal property of deceased. (1) Each coroner or medical examiner shall keep an inventory of any money or other property that the coroner or medical examiner takes from a death scene or from a deceased and does not immediately provide to a law enforcement agency as evidence. The coroner or medical examiner shall release any such property, other than prescription medication, that belonged to the deceased to a representative of the deceased unless the property is needed as evidence or unless a court has issued an order to hold the property for payment of fees associated with the disposal of the body.

AB867,41,17 (2) If the coroner or medical examiner takes prescription medications from a death scene or from the body of a deceased, the coroner or medical examiner shall list them on an inventory sheet and sign the inventory sheet. If the coroner or medical examiner does not provide the prescription medications to a law enforcement agency as evidence, the coroner or medical examiner shall destroy them in accordance with applicable county evidence retention policies and appropriate standards for disposal of medications, except that the coroner or medical examiner shall donate those prescription medications that satisfy the requirements under s. 255.056 (3) to the drug repository program under s. 255.056 or to another similar drug repository program. The coroner or medical examiner shall indicate on the inventory sheet the disposition of the prescription medications.

AB867,69 Section 69. 979.09 of the statutes is amended to read:

AB867,42,8 979.09 Burial Disposition of an unidentified or unclaimed body. If any judge or circuit court commissioner conducts an inquest as to the death of a stranger or of a person whose identity is unknown or whose body is unclaimed or if the district attorney determines that no inquest into the death of such a person is necessary and the circuit judge has not ordered an inquest under s. 979.04 (2), a coroner or medical examiner has custody of an unidentified or unclaimed body of an individual whose death was investigated under s. 979.01, and the coroner or medical examiner has made reasonable efforts to identify the body or locate a representative of the deceased, the coroner or medical examiner shall cause the body to be decently buried or cremated and shall certify to all the charges incurred in taking any inquest by him or her and to the expenses of burial or cremation of the dead body. The charges and expenses shall be audited by the county board of the proper county and paid out of the county treasury with funds other than funds appropriated for the operation of the coroner's or medical examiner's office. The immunity provisions under s. 157.02 (2m) (b) and (c) apply to a coroner's or medical examiner's actions under this section.

AB867,70 Section 70. 979.10 (1) (a) (intro.) of the statutes is amended to read:

AB867,42,13 979.10 (1) (a) (intro.) No person may cremate the corpse body of a deceased person within 48 hours after the pronouncement of death, or the discovery of the death, of the deceased person unless the death was caused by a contagious or infectious disease. and one of the following conditions applies:

AB867,42,15 (ag) No person may cremate a corpse body unless the person has received a cremation permit release from one of the following:

AB867,71 Section 71. 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:

AB867,42,20 979.10 (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.

AB867,42,24 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.

AB867,43,4 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.

AB867,72 Section 72. 979.10 (1) (a) 1m. and 2m. of the statutes are created to read:

AB867,43,7 979.10 (1) (a) 1m. The person determines that the body must be cremated immediately to effectively contain the disease.

AB867,43,9 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.

AB867,73 Section 73. 979.10 (1) (b) of the statutes is amended to read:

AB867,43,16 979.10 (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.

AB867,74 Section 74. 979.10 (1) (c) of the statutes is renumbered 157.113 and amended to read:

AB867,43,21 157.113 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.

AB867,75 Section 75. 979.10 (1) (d) of the statutes is created to read:

AB867,44,6 979.10 (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.

AB867,76 Section 76. 979.10 (2) of the statutes is amended to read:

AB867,44,21 979.10 (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.

AB867,77 Section 77. 979.10 (3) of the statutes is repealed.

AB867,78 Section 78. 979.10 (4) of the statutes is amended to read:

AB867,45,3 979.10 (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.

AB867,79 Section 79. 979.10 (5) of the statutes is created to read:

AB867,45,8 979.10 (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.

AB867,80 Section 80. 979.10 (6) of the statutes is created to read:

AB867,45,14 979.10 (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.

AB867,81 Section 81. 979.22 of the statutes is amended to read:

AB867,45,22 979.22 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.

AB867,82 Section 82 . Nonstatutory provisions.

AB867,46,2 (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:

AB867,46,6 (a) The members 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, and the member under section 15.405 (18) (e) of the statutes, as created by this act, shall be appointed for terms expiring on July 1, 2016.

AB867,46,10 (b) The members under section 15.405 (18) (am) 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) (g) of the statutes, as created by this act, shall be appointed for terms expiring on July 1, 2018.

AB867,46,13 (c) The members under section 15.405 (18) (b) 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, 2020.

AB867,46,14 (2) Examining board; provisional appointments.

AB867,46,23 (a) Notwithstanding section 15.08 (1) of the statutes, the governor may provisionally appoint initial members of the medicolegal investigation examining board under section 15.405 (18) of the statutes, as created by this act. Those provisional appointments remain in force until withdrawn by the governor or acted upon by the senate, and if confirmed by the senate shall continue for the remainder of the unexpired term, if any, of the member and until a successor is chosen and qualifies. A provisional appointee may exercise all the powers and duties of board membership to which the person is appointed during the time in which the appointee qualifies.

AB867,47,4 (b) A provisional appointment made under paragraph (a ) that is withdrawn by the governor lapses upon withdrawal and creates a vacancy for provisional appointment of another initial member of the medicolegal investigation examining board. Any provisional appointment made under paragraph (a) that is rejected by the senate lapses upon rejection and creates a vacancy for nomination and appointment under section 15.08 (1) of the statutes of another initial board member.

AB867,47,16 (3) Examining board; emergency rule authority. The medicolegal investigation examining board may promulgate emergency rules under section 227.24 of the statutes as required under section 465.05 (1) (a) of the statutes, as created by this act, or as authorized under section 465.05 (2) (c) of the statutes, as created by this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this subsection remain in effect for one year, or until the date on which permanent rules take effect, whichever is sooner. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the medicolegal investigation examining board is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB867,83 Section 83. Fiscal changes.