AB366: Bill Text

AB366,36 Section 36. 440.08 (2) (a) 46t. of the statutes is created to read:

AB366,16,22 440.08 (2) (a) 46t. Medicolegal investigation: January 1, 2019, and quadrennially thereafter.

AB366,37 Section 37. 440.78 (1) (b) of the statutes is amended to read:

AB366,16,24 440.78 (1) (b) A copy of the cremation permit issued under s. 979.10 (1) (a) (ag).

AB366,38 Section 38. Chapter 465 of the statutes is created to read:

AB366,17,2 chapter 465 medicolegal investigation

AB366,17,3 465.01 Definitions. In this chapter:

AB366,17,5 (1g) “Accredited medical examiner" means a medical examiner appointed under s. 59.34 (1) (a) or 59.38 (5) who satisfies any of the following:

AB366,17,7 (a) He or she is accredited as a certified forensic pathologist by the American Board of Pathology.

AB366,17,9 (b) He or she is accredited as a certified forensic anthropologist by the American Board of Forensic Anthropology.

AB366,17,11 (c) He or she is certified in forensic odontology by the American Board of Forensic Odontology.

AB366,17,12 (1r) “Board" means the medicolegal investigation examining board.

AB366,17,14 (2) “Medical examiner" means a nonaccredited medical examiner or an accredited medical examiner.

AB366,17,18 (3) (a) Except as provided in par. (b), “medicolegal investigation staff member" means a chief deputy coroner, a deputy coroner, a deputy medical examiner, and any other individual who assists the office of a coroner or medical examiner with an investigation of a death.

AB366,17,20 (b) “Medicolegal investigation staff member" does not include any of the following:

AB366,17,22 1. An individual who is elected as a coroner or appointed to fill a vacancy as a coroner.

AB366,17,23 2. A medical examiner.

AB366,17,25 3. An individual performing solely administrative functions in the office of a coroner or medical examiner.

AB366,18,2 (4) “Nonaccredited medical examiner" means a medical examiner appointed under s. 59.34 (1) (a) or 59.38 (5) other than an accredited medical examiner.

AB366,18,4 465.05 Powers and duties of board. (1) Duties. The board shall do all of the following:

AB366,18,7 (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.

AB366,18,9 (b) Coordinate and provide, on a regional basis and at no cost to licensees, the training and education described in s. 465.10 (3), (3m) (b), and (4) (a) 1. and (b) 2.

AB366,18,10 (c) Monitor compliance with the licensure requirements under this chapter.

AB366,18,13 (d) Approve instructor certification standards that must be satisfied in order for a person to conduct the training and education required under s. 465.10 (3), (3m) (b), and (4) (a) 1. and (b) 2.

AB366,18,16 (dm) If an individual who holds a license issued under s. 465.10 fails to satisfy the requirement under s. 465.10 (3) (a) within the period specified in s. 465.10 (3) (a), revoke the individual's license.

AB366,18,19 (e) If a license issued under s. 465.10 is revoked by the board or is not renewed, do any of the following that is applicable with respect to the individual who was the holder of the license:

AB366,18,24 1. If the individual is a nonaccredited medical examiner, send a statement to the county board or county executive, if applicable, for any county in which the nonaccredited medical examiner serves recommending dismissal of the nonaccredited medical examiner because of the revocation of or failure to renew the license.

AB366,19,3 2. If the individual is a medicolegal investigation staff member, send a notice to the office in which the medicolegal investigation staff member works notifying the coroner or medical examiner of the revocation of or failure to renew the license.

AB366,19,7 (2) Powers. The board may impose fees for initial licenses or for license renewals under s. 465.10 (2) and (4). If the board imposes any fee under this subsection, the board shall set the fee at an amount commensurate with the cost of issuing licenses and monitoring compliance with this chapter.

AB366,19,12 465.10 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.

AB366,19,14 (b) None of the following is required to have a license in medicolegal investigation issued under this section:

AB366,19,15 1. An accredited medical examiner.

AB366,19,17 2. An individual who is elected as a coroner or appointed to fill a vacancy as a coroner.

AB366,19,19 (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:

AB366,19,22 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.

AB366,19,23 2. The individual pays any fee imposed by the board under s. 465.05 (2).

AB366,20,3 (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) and proof satisfactory to the board that the individual has completed all hours of training or education required under sub. (3).

AB366,20,6 (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.

AB366,20,11 (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.

AB366,20,14 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).

AB366,20,19 (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.

AB366,21,2 (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.

AB366,21,6 (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:

AB366,21,7 1. Complete 24 hours of education, as prescribed by the board.

AB366,21,9 2. In addition to the hours of education required under subd. 1., do one of the following:

AB366,21,10 a. Complete 16 hours of education, as prescribed by the board.

AB366,21,12 b. Obtain a waiver from the requirement under subd. 2. a. in the method described under par. (c).

AB366,21,17 (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.

AB366,21,19 (d) Notwithstanding sub. (2) (a) 2. and s. 465.05 (2), no initial license fee may be imposed for individuals issued an initial license under par. (a).

AB366,21,22 (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:

AB366,21,24 1. The individual successfully completes 40 hours of training, as prescribed by the board, and any additional requirements set by the board.

AB366,22,2 2. The individual applies to the board for a license in the manner prescribed by the board.

AB366,22,4 3. The individual pays any licensing fee imposed by the board under s. 465.05 (2).

AB366,22,7 (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:

AB366,22,8 1. Any fee established by the board under s. 465.05 (2).

AB366,22,13 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.

AB366,22,15 3. Proof that the individual has fulfilled any other requirements of licensure as prescribed by the board.

AB366,22,20 (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.

AB366,22,22 465.15 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.

AB366,39 Section 39. 979.01 (1m) of the statutes is renumbered 979.01 (1m) (a) and amended to read:

AB366,23,4 979.01 (1m) (a) The Except as provided in par. (b), the coroner or medical examiner receiving notification under sub. (1) or (1g) shall immediately, within a reasonable time after receiving notice of the death, notify the district attorney for his or her county of the death.

AB366,40 Section 40. 979.01 (1m) (b) of the statutes is created to read:

AB366,23,8 979.01 (1m) (b) Except as provided in s. 979.04 (2), the coroner or medical examiner is not required to notify the district attorney of any deaths for which the district attorney, in writing, waives notice.

AB366,41 Section 41. 979.01 (1p) of the statutes is created to read:

AB366,23,11 979.01 (1p) A coroner or medical examiner who receives notice of a death under sub. (1), or his or her designee, shall notify the deceased's next of kin of the death.

AB366,42 Section 42. 979.01 (1r) of the statutes is amended to read:

AB366,23,17 979.01 (1r) If the coroner or medical examiner is notified of a death under sub. (1) or (1g) and determines that his or her notification of the death was not required under sub. (1) or (1g), the discovery of human remains under this section and determines that the human remains have no forensic significance, he or she shall notify the director of the historical society under s. 157.70 (3).

AB366,43 Section 43. 979.01 (4) of the statutes is renumbered 979.105 and amended to read:

AB366,24,8 979.105 Authorization to embalm a body. No person may embalm or perform an autopsy on 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 must be reported under s. 948.23 (1) (b) unless the person obtains or 979.01 (1) without the written authorization of the coroner or medical examiner of the county in which the injury or cause of death occurred. Such authorization shall be issued by the An authorization under this section shall include information necessary to identify the deceased, the date and place of death, and the name of the funeral director or person acting in 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 or a medical examiner, or his or her designee, shall issue an authorization under this section within 12 hours after notification of the reportable death, or as soon thereafter as possible in the event of unexplained, unusual or suspicious circumstances.

AB366,44 Section 44. 979.025 (2) of the statutes is amended to read:

AB366,24,21 979.025 (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.

AB366,45 Section 45. 979.025 (3) of the statutes is amended to read:

AB366,24,25 979.025 (3) Costs of an autopsy and diagnostic procedure. The costs of an autopsy or other diagnostic procedure performed under sub. (1) or (2) shall be paid by the department.

AB366,46 Section 46. 979.027 of the statutes is created to read:

AB366,25,10 979.027 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).

AB366,47 Section 47. 979.036 of the statutes is created to read:

AB366,25,19 979.036 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.

AB366,26,5 (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.

AB366,48 Section 48. 979.09 of the statutes is amended to read:

AB366,26,21 979.09 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.

AB366,49 Section 49. 979.10 (1) (a) (intro.) of the statutes is amended to read:

AB366,27,2 979.10 (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:

AB366,27,4 (ag) No person may cremate a corpse body unless the person has received a cremation permit from one of the following:

AB366,50 Section 50. 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:

AB366,27,9 979.10 (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.

AB366,27,13 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.

AB366,27,17 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.

AB366,51 Section 51. 979.10 (1) (a) 1m. and 2m. of the statutes are created to read:

AB366,27,20 979.10 (1) (a) 1m. The person determines that the body must be cremated immediately to effectively contain the disease.