146.34(1)(a)
(a) "Bone marrow" means the soft material that fills human bone cavities.
146.34(1)(b)
(b) "Bone marrow transplant" means the medical procedure by which transfer of bone marrow is made from the body of a person to the body of another person.
146.34(1)(c)
(c) "Donor" means a minor whose bone marrow is transplanted from his or her body to the body of the minor's brother or sister.
146.34(1)(d)
(d) "Guardian" means the person named by the court under
ch. 48 or
880 having the duty and authority of guardianship.
146.34(1)(e)
(e) "Legal custodian" means a person other than a parent or guardian or an agency to whom the legal custody of a minor has been transferred by a court under
ch. 48 or
938, but does not include a person who has only physical custody of a minor.
146.34(1)(f)
(f) "Parent" means a biological parent, a husband who has consented to the artificial insemination of his wife under
s. 891.40 or a parent by adoption. If the minor is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under
s. 767.60, "parent" includes a person adjudged in a judicial proceeding under
ch. 48 to be the biological father of the minor. "Parent" does not include any person whose parental rights have been terminated.
146.34(1)(g)
(g) "Physician" means a person licensed to practice medicine and surgery under
ch. 448.
146.34(1)(h)
(h) "Psychiatrist" means a physician specializing in psychiatry.
146.34(1)(i)
(i) "Psychologist" means a person licensed to practice psychology under
ch. 455.
146.34(1)(j)
(j) "Relative" means a parent, grandparent, stepparent, brother, sister, first cousin, nephew or niece; or uncle or aunt within the 3rd degree of kinship as computed under
s. 990.001 (16). This relationship may be by blood, marriage or adoption.
146.34(2)
(2) Prohibition on donation of bone marrow by a minor. Unless the conditions under
sub. (3) or
(4) have been met, no minor may be a bone marrow donor in this state.
146.34(3)
(3) Consent to donation of bone marrow by a minor under 12 years of age. If the medical condition of a brother or a sister of a minor who is under 12 years of age requires that the brother or sister receive a bone marrow transplant, the minor is deemed to have given consent to be a donor if all of the following conditions are met:
146.34(3)(a)
(a) The physician who will remove the bone marrow from the minor has informed the parent, guardian or legal custodian of the minor of all of the following:
146.34(3)(a)2.
2. The benefits and risks to the prospective donor and prospective recipient of performance of the bone marrow transplant.
146.34(3)(a)3.
3. The availability of procedures alternative to performance of a bone marrow transplant.
146.34(3)(b)
(b) The physician of the brother or sister of the minor has determined all of the following, has confirmed those determinations through consultation with and under recommendation from a physician other than the physician under
par. (a) and has provided the determinations to the parent, guardian or legal custodian under
par. (e):
146.34(3)(b)1.
1. That the minor is the most acceptable donor who is available.
146.34(3)(b)2.
2. That no medically preferable alternatives to a bone marrow transplant exist for the brother or sister.
146.34(3)(c)
(c) A physician other than a physician under
par. (a) or
(b) has determined the following and has provided the determinations to the parent, guardian or legal custodian under
par. (e):
146.34(3)(c)1.
1. The minor is physically able to withstand removal of bone marrow.
146.34(3)(c)2.
2. The medical risks of removing the bone marrow from the minor and the long-term medical risks for the minor are minimal.
146.34(3)(d)
(d) A psychiatrist or psychologist has evaluated the psychological status of the minor, has determined that no significant psychological risks to the minor exist if bone marrow is removed from the minor and has provided that determination to the parent, guardian or legal custodian under
par. (e).
146.34(3)(e)
(e) The parent, guardian or legal custodian, upon receipt of the information and the determinations under
pars. (a) to
(d), has given written consent to donation by the minor of the bone marrow.
146.34(4)
(4) Consent to donation of bone marrow by a minor 12 years of age or over. 146.34(4)(a)(a) A minor who has attained the age of 12 years may, if the medical condition of a brother or sister of the minor requires that the brother or sister receive a bone marrow transplant, give written consent to be a donor if:
146.34(4)(a)1.
1. A psychiatrist or psychologist has evaluated the intellect and psychological status of the minor and has determined that the minor is capable of consenting.
146.34(4)(a)2.
2. The physician who will remove the bone marrow from the minor has first informed the minor of all of the following:
146.34(4)(a)2.b.
b. The benefits and risks to the prospective donor and prospective recipient of performance of the bone marrow transplant.
146.34(4)(a)2.c.
c. The availability of procedures alternative to performance of a bone marrow transplant.
146.34(4)(b)
(b) If the psychiatrist or psychologist has determined under
par. (a) that the minor is incapable of consenting, consent to donation of bone marrow must be obtained under the procedures under
sub. (3).
146.34(5)
(5) Hearing on prohibition of consent or performance. 146.34(5)(a)(a) A relative of the prospective donor or the district attorney or corporation counsel of the county of residence of the prospective donor may file a petition with the court assigned to exercise jurisdiction under
chs. 48 and
938 for an order to prohibit either of the following:
146.34(5)(a)2.
2. If consent under
sub. (3) or
(4) has been given, the performance of the bone marrow transplant for which consent to donate bone marrow has been given.
146.34(5)(am)
(am) Any party filing a petition for an order to prohibit performance under
par. (a) 2. shall file and serve the petition within 3 days after consent has been given under
sub. (3) or
(4).
146.34(5)(b)
(b) Any party filing a petition under
par. (a) shall at the same time file with the court a statement of a physician or psychologist who has recently examined the prospective donor and which avers, if made by a physician, to a reasonable degree of medical certainty or, if made by a psychologist, to a reasonable degree of professional certainty, that the removal of bone marrow presents medical or psychological risks to the prospective donor or to the prospective recipient which outweigh all benefits to the prospective donor or to the prospective recipient.
146.34(5)(c)
(c) Any party filing a petition under
par. (a) and a statement under
par. (b) shall, at the time of filing, provide personal service of notice of the filing and a copy of the statement to the parent, guardian or legal custodian of the prospective donor and, if the prospective donor is a minor who has attained 12 years of age, to the minor.
146.34(5)(d)
(d) Following the filing of a petition under
par. (a) and a statement under
par. (b), the judge shall appoint a guardian ad litem under
s. 48.235 for the prospective donor.
146.34(5)(e)
(e) If a request for hearing is filed by the prospective donor under
sub. (4) or by the parent, guardian or legal custodian within 7 days following the personal service of notice under
par. (c), the court shall conduct a hearing to determine whether the giving of consent under
par. (a) 1. or performance under
par. (a) 2. shall be prohibited and providing the prospective donor under
sub. (4) and the parent, guardian or legal custodian opportunity to rebut the statement under
par. (b).
146.34(5)(f)
(f) If no request for hearing is filed by the prospective donor under
sub. (4) or by the parent, guardian or legal custodian within the time limit specified under
par. (e), the court may do one of the following:
146.34(5)(f)2.
2. On its own motion conduct a hearing to determine whether the giving of consent under
par. (a) 1. or performance under
par. (a) 2. shall be prohibited.
146.34(5)(g)
(g) If the court on its own motion conducts a hearing under
par. (f) 2., the court shall provide personal service of notice of the hearing to all parties and may request submission of relevant evidence.
146.34(5)(h)
(h) Any person aggrieved by a final judgment or final order of the court under
par. (e) or
(f) may appeal within the time period specified in
s. 808.04 (3) or
(4).
146.345
146.345
Sale of human organs prohibited. 146.345(1)(a)
(a) "Human organ" means a human kidney, liver, heart, lung, pancreas, bone marrow, cornea, eye, bone or skin or any other human organ specified by the department by rule. "Human organ" does not mean human whole blood, blood plasma, a blood product or a blood derivative or human semen.
146.345(1)(b)
(b) "Human organ transplantation" means the medical procedure by which transfer of a human organ is made from the body of a person to the body of another person.
146.345(1)(c)
(c) "Valuable consideration" does not include reasonable payment associated with the removal, transportation, implantation, processing, preservation, quality control or storage of a human organ or an expense of travel, housing or lost wages incurred by a human organ donor in connection with donation of the human organ.
146.345(2)
(2) No person may knowingly and for valuable consideration acquire, receive or otherwise transfer any human organ for use in human organ transplantation.
146.345(3)
(3) Any person who violates this section is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in
s. 939.50 (3) (h), the person may be fined not more than $50,000.
Effective date note
NOTE: Sub. (3) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(3) Any person who violates this section may be fined not more than $50,000 or imprisoned for not more than 7 years and 6 months or both.
146.35
146.35
Female genital mutilation prohibited. 146.35(1)
(1) In this section, "infibulate" means to clasp together with buckles or stitches.
146.35(2)
(2) Except as provided in
sub. (3), no person may circumcise, excise or infibulate the labia majora, labia minora or clitoris of a female minor.
146.35(3)
(3) Subsection (2) does not apply if the circumcision, excision or infibulation is performed by a physician, as defined in
s. 448.01 (5), and is necessary for the health of the female minor or is necessary to correct an anatomical abnormality.
146.35(4)
(4) None of the following may be asserted as a defense to prosecution for a violation of
sub. (2):
146.35(4)(a)
(a) Consent by the female minor or by a parent of the female minor to the circumcision, excision or infibulation.
146.35(4)(b)
(b) The circumcision, excision or infibulation is required as a matter of custom or ritual.
146.35(5)
(5) Whoever violates
sub. (2) is guilty of a Class H felony.
Effective date note
NOTE: Sub. (5) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(5) Whoever violates sub. (2) may be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months or both.
146.37
146.37
Health care services review; civil immunity. 146.37(1g)
(1g) Except as provided in
s. 153.85, no person acting in good faith who participates in the review or evaluation of the services of health care providers or facilities or the charges for such services conducted in connection with any program organized and operated to help improve the quality of health care, to avoid improper utilization of the services of health care providers or facilities or to determine the reasonable charges for such services, or who participates in the obtaining of health care information under
ch. 153, is liable for any civil damages as a result of any act or omission by such person in the course of such review or evaluation. Acts and omissions to which this subsection applies include, but are not limited to, acts or omissions by peer review committees or hospital governing bodies in censuring, reprimanding, limiting or revoking hospital staff privileges or notifying the medical examining board or podiatrists affiliated credentialing board under
s. 50.36 or taking any other disciplinary action against a health care provider or facility and acts or omissions by a medical director, as defined in
s. 146.50 (1) (j), in reviewing the performance of emergency medical technicians or ambulance service providers.
146.37(1m)
(1m) The good faith of any person specified in
subs. (1g) and
(3) shall be presumed in any civil action. Any person who asserts that such a person has not acted in good faith has the burden of proving that assertion by clear and convincing evidence.
146.37(2)
(2) In determining whether a member of the reviewing or evaluating organization or the medical director has acted in good faith under
sub. (1g), the court shall consider whether the member or medical director has sought to prevent the health care provider or facility and its counsel from examining the documents and records used in the review or evaluation, from presenting witnesses, establishing pertinent facts and circumstances, questioning or refuting testimony and evidence, confronting and cross-examining adverse witnesses or from receiving a copy of the final report or recommendation of the reviewing organization or medical director.
146.37(3)
(3) This section applies to any person acting in good faith who participates in the review or evaluation of the services of a psychiatrist, or facilities or charges for services of a psychiatrist, conducted in connection with any organization, association or program organized or operated to help improve the quality of psychiatric services, avoid improper utilization of psychiatric services or determine reasonable charges for psychiatric services. This immunity includes, but is not limited to, acts such as censuring, reprimanding or taking other disciplinary action against a psychiatrist for unethical or improper conduct.
146.37 Annotation
Anyone who has the good faith belief that they are participating in a valid peer review procedure of a health care provider is entitled to the presumption of good faith under sub. (1g) and is immune from liability unless the presumption is overcome. Limjoco v. Schenck,
169 Wis. 2d 703,
486 N.W.2d 567 (Ct. App. 1992).
146.37 Annotation
A person reviewing a peer can be found to have acted in bad faith even if procedural rights under sub. (2) were not denied, but whether procedural rights were denied is a factor that must be considered in a determination of "good faith". Qasem v. Kozarek,
716 F.2d 1172 (1983).
146.38
146.38
Health care services review; confidentiality of information. 146.38(1)(a)
(a) "Evaluator" means a medical director or a registered nurse who coordinates review of an emergency medical services program of a health care provider.
146.38(1m)
(1m) No person who participates in the review or evaluation of the services of health care providers or facilities or charges for such services may disclose any information acquired in connection with such review or evaluation except as provided in
sub. (3).
146.38(2)
(2) All organizations or evaluators reviewing or evaluating the services of health care providers shall keep a record of their investigations, inquiries, proceedings and conclusions. No such record may be released to any person under
s. 804.10 (4) or otherwise except as provided in
sub. (3). No such record may be used in any civil action for personal injuries against the health care provider or facility; however, information, documents or records presented during the review or evaluation may not be construed as immune from discovery under
s. 804.10 (4) or use in any civil action merely because they were so presented. Any person who testifies during or participates in the review or evaluation may testify in any civil action as to matters within his or her knowledge, but may not testify as to information obtained through his or her participation in the review or evaluation, nor as to any conclusion of such review or evaluation.
146.38(3)
(3) Information acquired in connection with the review and evaluation of health care services shall be disclosed and records of such review and evaluation shall be released, with the identity of any patient whose treatment is reviewed being withheld unless the patient has granted permission to disclose identity, in the following circumstances:
146.38(3)(a)
(a) To the health care provider or facility whose services are being reviewed or evaluated, upon the request of such provider or facility;
146.38(3)(b)
(b) To any person with the consent of the health care provider or facility whose services are being reviewed or evaluated;
