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.
157.06(5)
(5) Policies; required request; search and notification. 157.06(5)(a)(a) Each hospital shall develop and adopt written policies for providing information to individuals on how to become part donors and shall make available to individuals informational brochures that discuss donation of parts.
157.06(5)(b)
(b) If at the time of death of a patient there is no medical record that the patient has made or refused to make an anatomical gift, the hospital administrator or a representative designated by the administrator shall discuss with an available individual, under the priority established in
sub. (3) (a), the option to make or refuse to make an anatomical gift and request that the individual make an anatomical gift of all or a part of the decedent's body. The administrator or representative shall make the request with reasonable discretion and sensitivity to the circumstances of the family. A request need not be made if the gift is not suitable, based upon accepted medical standards, for a purpose specified in
sub. (6) (a) or if the requester knows that the patient, or the member of the class of individuals to whom the request would be directed under
sub. (3) (a), has a cultural or religious objection or any other objection to the making of an anatomical gift. An entry shall be made in the medical record of the patient, in accordance with the rules promulgated under
par. (f), stating the name and affiliation of the individual making the request and the name, response and relationship to the patient of the individual to whom the request was made.
157.06(5)(c)
(c) All of the following persons, under the following circumstances, shall make a reasonable search for a document of gift or other information identifying the individual as a donor or as an individual who has revoked or refused to make an anatomical gift:
157.06(5)(c)1.
1. A law enforcement officer, fire fighter, emergency medical technician — paramedic, ambulance service provider or emergency medical technician — basic who finds an individual whom the person believes is dead or near death.
157.06(5)(c)2.
2. A hospital, upon the admission of an individual who is at or near the time of death, if there is not immediately available any other source of that information.
157.06(5)(d)
(d) If a document of gift, revocation of a document of gift or evidence of refusal to make an anatomical gift is located by the search required by
par. (c) 1. and the individual or decedent to whom it relates is taken to a hospital, the hospital shall be notified of the contents and the person locating the document, revocation or other evidence shall send it to the hospital.
157.06(5)(e)
(e) If at or near the time of death of a patient a hospital knows that an anatomical gift of all or a part of the patient's body has been made under
sub. (3) (a), that a release and removal of a part of the patient's body has been permitted under
sub. (4) or that a patient or an individual identified as in transit to the hospital is a donor, the hospital shall notify the donee if one is named and known to the hospital. If a donee is neither named nor known to the hospital, the hospital shall notify an appropriate procurement organization. The hospital shall cooperate in the implementation of the anatomical gift or release and removal of a part of the body of the patient or individual.
157.06(5)(f)
(f) The department of health and family services shall promulgate rules that do all of the following:
157.06(5)(f)1.
1. Set forth policies and procedures to be followed for discussing the anatomical gift donation process with members of the patient's family in situations under
par. (b) in which there is or is not a document of gift.
157.06(5)(f)2.
2. Prescribe the manner in which information obtained under
par. (b) regarding anatomical gift donations, objections and refusals shall be placed in the patient's medical record so that it is readily accessible to hospital and other medical personnel in the event of the death of the patient.
157.06(6)
(6) Donees; purposes of anatomical gifts. 157.06(6)(a)(a) Any of the following persons may become donees of anatomical gifts for the purposes stated:
157.06(6)(a)1.
1. A hospital, physician or procurement organization, for transplantation, therapy, medical or dental education, research, or advancement of medical or dental science.
157.06(6)(a)2.
2. An accredited medical or dental school, college or university for education, research or advancement of medical or dental science.
157.06(6)(a)3.
3. A designated individual for transplantation or therapy needed by that individual.
157.06(6)(b)
(b) A donor may make an anatomical gift to a designated donee or without designating a donee. If a donee is not designated or if the donee is not available or rejects the anatomical gift, any hospital may accept the anatomical gift.
157.06(6)(c)
(c) If the donee knows of the decedent's refusal or contrary indications to make an anatomical gift or that an anatomical gift by a member of a class having priority to act is opposed by a member of the same class or a prior class under
sub. (3) (a), the donee may not accept the anatomical gift.
157.06(7)(a)(a) Delivery of a document of gift during the donor's lifetime to another is not required for the validity of an anatomical gift.
157.06(7)(b)
(b) If an anatomical gift is made to a designated donee, the document of gift, or a copy, may be delivered to the donee to expedite the appropriate procedures after the donor's death. The document of gift, or a copy, may be deposited in any hospital, procurement organization or registry office that accepts it for safekeeping or for facilitation of procedures after death. On request of an interested person, upon or after the donor's death, the person in possession shall allow the interested person to examine or copy the document of gift.
157.06(8)(a)(a) Rights of a donee created by an anatomical gift are superior to rights of others except for autopsies under
sub. (10) (b). A donee may accept or reject an anatomical gift. If a donee accepts an anatomical gift of an entire body for a purpose other than transplantation or therapy, the body may not be delivered to the donee or the donee's agent if the surviving spouse or other person who assumes custody of the body requests a funeral service or other last rites for the deceased. If such a request is made, the body may not be delivered until after the funeral or rites have been conducted. If the entire body is given for transplantation or therapeutic purposes or if the gift is of a part of a body, the donee, upon the death of the donor and before embalming, shall cause the part to be removed without unnecessary mutilation. After removal of the part of the body, custody of the remainder of the body vests in the person under obligation to dispose of the body.
