BURIAL SITES PRESERVATION
157.70 Burial sites preservation.
Ch. 157 Note
Note: See s. 69.18 for (1) registration of deaths, (2) medical certification, (3) disposition of corpse or stillbirth and (4) disinterment and reinterment.
CORPSES
157.01
157.01
Rules for preparation, transportation and disposition. The department of health and family services shall make, and delegate to the funeral directors examining board the enforcement of, rules not inconsistent with
ch. 445 covering the control of communicable diseases and sanitary and health regulations in the preparation, transportation and disposition of dead human bodies.
157.02
157.02
Disposal of unclaimed corpses. 157.02(1)
(1)
Notice to relatives. When an inmate of any state, county or municipal institution dies, the superintendent or other person in charge of the institution shall immediately notify a relative of the decedent. A public officer having the possession or the disposition of a corpse shall immediately notify a relative of the decedent. If no relative is known, or discoverable by use of ordinary diligence, notice may be dispensed with. In addition, if the deceased had been an inmate of a state correctional institution, the department of corrections shall provide written notification to the relative informing him or her that the department of corrections, upon request, will provide a copy of any autopsy report or other report or information pertaining to the death. The department of corrections shall describe how the request may be made and shall promptly comply with any such request.
157.02(2)
(2) 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, but relatives or friends may claim the corpse at any time before it has been delivered pursuant to
sub. (3).
157.02(3)
(3) Notice to university or school. If the corpse is in the Mendota mental health institute district, the university of Wisconsin shall be notified that it may have the corpse. If the corpse is in the Winnebago mental health institute district, medical college of Wisconsin, inc. or any accredited school of mortuary science at Milwaukee shall be notified that it may have the corpse. The university or school so notified shall immediately inform the superintendent or public officer whether it desires to have the corpse. If it does, the corpse shall be delivered accordingly, properly encased, to the most available facility for transportation to the consignee, the consignee to pay the cost of transportation.
157.02(4)
(4) Standing applications. If there are advance applications for such bodies, by medical college of Wisconsin, inc. or any accredited school of mortuary science, such superintendent or public officer shall make an equitable distribution between them.
157.02(5)
(5) Other disposition. If the corpse is not disposed of under
subs. (1) to
(4), the superintendent or public officer shall properly bury it.
157.02 History
History: 1971 c. 211;
1973 c. 90 s.
560 (3);
1985 a. 316 s.
14; Stats. 1985 s. 157.02;
1987 a. 27;
1989 a. 31.
157.03
157.03
Restrictions on use of bodies for anatomical purposes; embalming such bodies; delivery of bodies to relatives. 157.03(1)(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), 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.
157.03(2)
(2) Upon receipt of the corpse by a university or school pursuant to
s. 157.02 (3) 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.
157.03 History
History: 1985 a. 316 ss.
14,
25; Stats. 1985 s. 157.03;
1993 a. 482.
157.04
157.04
Penalty. Any officer or person having a corpse in charge, and refusing to report and deliver it, when required by this subchapter, or violating the provisions forbidding sale or delivery thereof, to be used outside the state, shall be liable to the person, university or medical school aggrieved, in the sum of $50.
157.04 History
History: 1985 a. 316 s.
14; Stats. 1985 s. 157.04.
157.05
157.05
Autopsy. Consent for a licensed physician to conduct an autopsy on the body of a deceased person shall be deemed sufficient when given by whichever one of the following assumes custody of the body for purposes of burial: Father, mother, husband, wife, child, guardian, next of kin, or in the absence of any of the foregoing, a friend, or a person charged by law with the responsibility for burial. If 2 or more such persons assume custody of the body, the consent of one of them shall be deemed sufficient.
157.05 History
History: 1979 c. 110;
1985 a. 316 s.
14; Stats. 1985 s. 157.05.
157.06
157.06
Uniform anatomical gift act. 157.06(1)(a)
(a) "Anatomical gift" means a donation of all or part of a human body to take effect upon or after death of the donor.
157.06(1)(c)2.2. "Document of gift" means a card, a statement attached to or imprinted on a license under
s. 343.175 (2) or on an identification card under
s. 343.50 (3), a will or another writing used to make an anatomical gift.
157.06(1)(d)
(d) "Donor" means an individual who makes an anatomical gift of all or part of the individual's body.
157.06(1)(e)
(e) "Enucleator" means an individual who meets the requirements of
sub. (8) (c) for authorization to remove donated eyes or parts of eyes.
157.06(1)(f)
(f) "Hospital" means a facility approved as a hospital under
s. 50.35 or a facility operated as a hospital by the federal government, a state or a subdivision of a state.
157.06(1)(g)
(g) "Part" means an organ, tissue, eye, bone, artery, blood, fluid or other body portion.
157.06(1)(h)
(h) "Physician" means an individual licensed or otherwise authorized to practice medicine and surgery or osteopathy and surgery under the laws of any state.
157.06(1)(i)
(i) "Procurement organization" means a person licensed, accredited or approved under the laws of any state for procurement, distribution or storage of human bodies or parts of human bodies.
157.06(2)
(2) Making, amending, revoking and refusing to make anatomical gifts by the donor. 157.06(2)(a)(a) An individual who is at least 18 years of age may do any of the following:
157.06(2)(b)
(b) An anatomical gift under
par. (a) may be made only by a document of gift signed by the donor. If the donor cannot sign, the document of gift shall be signed by another individual and by 2 witnesses, all of whom have signed at the direction and in the presence of the donor and of each other, and the document of gift shall state that it has been so signed.
157.06(2)(c)1.1. Before January 1, 1991, if a document of gift is attached to or imprinted on the donor's license to operate a motor vehicle or identification card issued by the department of transportation, the document of gift shall comply with
par. (b) and
s. 343.17 or
343.50. Revocation, suspension, expiration or cancellation of the license or identification card does not invalidate the anatomical gift.
157.06(2)(c)2.
2. After December 31, 1990, if a document of gift is attached to or imprinted on the donor's license under
s. 343.175 (2) or identification card under
s. 343.50 (3) issued by the department of transportation, the document of gift shall comply with
par. (b) and
s. 343.175 or
343.50. Revocation, suspension, expiration or cancellation of the license or identification card does not invalidate the anatomical gift.
157.06(2)(d)
(d) A document of gift may designate a particular physician to carry out the appropriate procedures. In the absence of a designation or if the designee is not available, the donee or other person authorized to accept the anatomical gift may employ or authorize any physician or enucleator to carry out the appropriate procedures.
157.06(2)(e)
(e) An anatomical gift under the circumstances in which the document of gift is by will takes effect upon death of the testator, whether or not the will is probated. If after the death of the testator the will is declared invalid for testamentary purposes, the validity of the anatomical gift is unaffected.
157.06(2)(f)
(f) A donor may amend or revoke an anatomical gift or a refusal to make an anatomical gift under
par. (i) by doing any of the following:
157.06(2)(f)2.
2. Verbally amending or revoking in the presence of 2 individuals.
157.06(2)(f)3.
3. During the donor's terminal illness or injury making, by any form of communication that is addressed to a physician, an amendment or revocation.
157.06(2)(f)4.
4. Delivering a signed statement of amendment or revocation to a specified donee to whom a document of gift had been delivered.
157.06(2)(f)5.b.b. Crossing out or amending the donor authorization or refusal in the space provided on his or her license as prescribed in
s. 343.175 (2) or identification card as prescribed in
s. 343.50 (3).
157.06(2)(g)
(g) In addition to the means specified in
par. (f), an anatomical gift made by will may be amended or revoked in the manner provided for amendment or revocation of wills.
157.06(2)(h)
(h) An anatomical gift that is not revoked by the donor before death is irrevocable and does not require the consent or concurrence of any person after the donor's death.
157.06(2)(i)
(i) An individual may refuse to make an anatomical gift of the individual's body or part of his or her body by doing any of the following:
157.06(2)(i)1.
1. Making a writing of refusal that is signed in the same manner as is required for a document of gift.
157.06(2)(i)3.
3. Making any other writing that is used to identify the individual as refusing to make an anatomical gift. During the individual's terminal illness or injury, he or she may make the refusal by an oral statement or other form of communication to another.
157.06(2)(j)
(j) In the absence of contrary indications by the donor, an anatomical gift of a part of a human body is neither a refusal to give other parts of the body nor a limitation on an anatomical gift under
sub. (3) or on a removal or release of other parts of the body under
sub. (4).
157.06(2)(k)
(k) In the absence of contrary indications by the donor, a revocation or amendment of an anatomical gift is not a refusal to make another anatomical gift. If the donor intends a revocation to be a refusal to make an anatomical gift, the donor shall make the refusal under
par. (i).
157.06(3)
(3) Making, revoking and objecting to anatomical gifts, by persons other than the donor. 157.06(3)(a)(a) Any member of the following classes of individuals, in the order of priority listed, may make an anatomical gift of all or a part of a decedent's body for a purpose specified in
sub. (6) (a), unless the decedent, at the time of death, has made an unrevoked refusal to make that anatomical gift:
157.06(3)(a)6.
6. A guardian of the person of the decedent at the time of death.
157.06(3)(b)
(b) An anatomical gift may not be made by an individual listed in
par. (a) if any of the following applies:
157.06(3)(b)1.
1. An individual in a prior class is available at the time of death to make an anatomical gift and that individual objects to the making of an anatomical gift.
157.06(3)(b)2.
2. The individual proposing to make an anatomical gift knows of a refusal or contrary indications by the decedent.
157.06(3)(b)3.
3. The individual proposing to make an anatomical gift knows of an objection to making an anatomical gift by a member of the individual's class or a prior class.
157.06(3)(c)
(c) An individual authorized under
par. (a) shall make an anatomical gift of all or a part of the decedent's body by doing one of the following:
157.06(3)(c)1.
1. Executing a document of gift that is signed by the individual.
157.06(3)(c)2.
2. Making a telegraphic, recorded telephonic or other recorded message, or other form of communication to another that is reduced to writing and signed by the recipient at the time it is received.
157.06(3)(d)
(d) Any member of the same class as or a prior class to an individual authorized under
par. (a) who has made an anatomical gift under
par. (a) may revoke the gift if, before procedures have begun for the removal of a part from the body of the decedent, the member so informs the physician or enucleator who will remove the part of the revocation.
157.06(3)(e)
(e) A failure to make an anatomical gift under
par. (a) is not an objection to the making of an anatomical gift unless the failure is accompanied by an objection to the making of an anatomical gift.
157.06(4)
(4) Authorization by coroner or medical examiner. 157.06(4)(a)(a) The coroner or medical examiner may release and permit the removal of a part from, a decedent within that official's custody, for transplantation or therapy, if all of the following apply:
157.06(4)(a)1.
1. The official has received a request for the part of the body from a hospital, physician or procurement organization.
157.06(4)(a)2.
2. The official has made a reasonable effort, taking into account the useful life of the part of the body, to locate and examine the decedent's medical records and inform individuals listed in
sub. (3) (a) of their option to make, or object to making, an anatomical gift.
157.06(4)(a)3.
3. The official does not know of a refusal or contrary indication by the decedent or of an objection by an individual having priority to act as listed in
sub. (3) (a).
157.06(4)(a)4.
4. The removal will be by a physician, except that in the case of eyes, by a physician or by an enucleator.
157.06(4)(a)5.
5. The removal will not interfere with any autopsy or investigation.
157.06(4)(a)6.
6. The removal will be in accordance with accepted medical standards.
157.06(4)(a)7.
7. Cosmetic restoration will be done to the decedent's body, if appropriate.
157.06(4)(b)
(b) An official releasing, and permitting the removal of a part of, a human body shall maintain a permanent record of the name of the decedent, the name of the person making the request, the date and purpose of the request, the part of the body requested and the name of the person to whom it was released.
