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, as determined in accordance with
s. 146.71.
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)(fm)
(fm) "Organ procurement organization" means an organization that meets the requirements specified for a qualified organ procurement organization under
42 USC 273.
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)(j)
(j) "Technician" means an individual who is trained or approved by the American Red Cross Tissue Services or the American Association of Tissue Banks to remove or process tissue or bone while under the direction or supervision of a physician.
157.06(1)(k)3.
3. Cardiovascular tissue, including valves, blood vessels and pericardium, that is not suitable for use for cardiovascular organ transplantation.
157.06(1)(L)
(L) "Vascularized organ" means a heart, lung, liver, pancreas, kidney, intestine or other organ that requires the continuous circulation of blood to remain useful for purposes of transplantation.
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, technician 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)1m.
1m. Signing a new document of gift. Signing a new document of gift revokes any previously signed document of gift.
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.
5. 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)(f)6.
6. Revoking the provision of a power of attorney for health care instrument that makes an anatomical gift or revoking that power of attorney for health care instrument.
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)2.
2. Attaching a statement of refusal to or imprinting a statement of refusal on his or her license under
s. 343.175 (2) or identification card under
s. 343.50 (3).
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) Notification and authorization by coroner or medical examiner. 157.06(4)(ag)(ag) If a decedent is within the custody of a coroner or medical examiner and if there is no evidence that the decedent has made or refused to make an anatomical gift, the coroner or medical examiner shall contact by telephone the organ procurement organization designated for the region in which the death occurs. The coroner or medical examiner shall provide the organ procurement organization with information, if known to the coroner or medical examiner, concerning the decedent's age, the cause of the decedent's death and, if available, the decedent's medical history.
157.06(4)(am)
(am) 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)(am)1.
1. The official has received a request for the part of the body from a hospital, physician or organ procurement organization.
157.06(4)(am)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)(am)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)(am)4.
4. The removal will be by a physician, except for the following:
157.06(4)(am)4.a.
a. In the case of eyes, the removal may be by a physician or by an enucleator.
157.06(4)(am)4.b.
b. In the case of tissue or bone, the removal may be by a physician or by a technician.
157.06(4)(am)5.
5. The removal will not interfere with any autopsy or investigation.
157.06(4)(am)6.
6. The removal will be in accordance with accepted medical standards.
157.06(4)(am)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; organ procurement organization notification; 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)1.1. If at or near the time of death of a patient there is no medical record or evidence obtained under
par. (c) that the patient has made, revoked 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. Alternatively, the administrator shall contact by telephone the organ procurement organization designated for the region of which the hospital is a part. If the administrator or representative contacts the organ procurement organization, he or she shall provide the organ procurement organization with the identifier number of the patient, the patient's age, the actual or potential cause of the patient's death and, if available, the patient's medical history.
157.06(5)(b)2.
2. If the organ procurement organization is contacted under
subd. 1., the organ procurement organization shall, in consultation with the attending physician of the patient under
subd. 1., determine if an anatomical gift is suitable, based upon accepted medical standards, for a purpose specified in
sub. (6) (a). If the organ procurement organization and the patient's attending physician determine that an anatomical gift is not so suitable, hospital personnel shall make a notation to this effect in the patient's medical record. If the organ procurement organization and the patient's attending physician determine that an anatomical gift is so suitable, an organ procurement organization representative or a requester designated by the organ procurement organization 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.
157.06(5)(b)3.
3. The hospital administrator or representative or the organ procurement organization representative or designated requester 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)(bm)
(bm) 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)(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:
