157.05 History
History: 1979 c. 110;
1985 a. 316 s.
14; Stats. 1985 s. 157.05.
157.055
157.055
Disposal of human remains during state of emergency relating to public health. 157.055(2)
(2) Notwithstanding
ss. 69.18 (4),
445.04 (2),
445.14,
979.01 (3),
(3m), and
(4),
979.02, and
979.10, and
subch. VI of ch. 440, during a period of a state of emergency related to public health declared by the governor under
s. 166.03 (1) (b) 1., a public health authority may do all of the following:
157.055(2)(a)
(a) Issue and enforce orders that are reasonable and necessary to provide for the safe disposal of human remains, including by embalming, burial, cremation, interment, disinterment, transportation, and other disposal.
157.055(2)(b)
(b) Take possession and control of any human remains.
157.055(2)(c)
(c) Order the disposal, through burial or cremation, of any human remains of an individual who has died of a communicable disease, within 24 hours after the individual's death and consider, to the extent feasible, the religious, cultural, or individual beliefs of the deceased individual or his or her family in disposing of the remains.
157.055(2)(d)
(d) If reasonable and necessary for emergency response, require a funeral establishment, as a condition of its permit under
s. 445.105 (1), to accept human remains or provide the use of its business or facility, including by transferring the management and supervision of the funeral establishment to the public health authority, for a period of time not to exceed the period of the state of emergency.
157.055(2)(e)
(e) Require the labeling of all human remains before disposal with all available identifying information and information concerning the circumstances of death and, in addition, require that the human remains of an individual with a communicable disease be clearly tagged to indicate that remains contain a communicable disease and, if known, the specific communicable disease.
157.055(2)(f)
(f) Maintain or require the maintenance of a written or electronic record of all human remains that are disposed of, including all available identifying information and information concerning the circumstances of death and disposal. If it is impossible to identify human remains prior to disposal, the public health authority may require that a qualified person obtain any fingerprints, photographs, or identifying dental information, and collect a specimen of deoxyribonucleic acid from the human remains and transmit this information to the public health authority.
157.055(2)(g)
(g) Notwithstanding
s. 59.34 (1) or
59.35 (1), authorize a county medical examiner or a county coroner to appoint emergency assistant medical examiners or emergency deputy coroners, whichever is applicable, if necessary to perform the duties of the office of medical examiner or coroner, and to prescribe the duties of the emergency assistant medical examiners or emergency deputy coroners. The term of any emergency appointment authorized under this paragraph may not exceed the period of the state emergency. A county medical examiner or county coroner may terminate an emergency appointment before the end of the period of the state emergency, if termination of the appointment will not impede the performance of the duties of his or her office.
157.055 History
History: 2001 a. 109;
2005 a. 31.
157.06
157.06
Anatomical gifts. 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)
(c) "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, including a writing under
sub. (3) (c) 2., that is 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)(km)
(km) "Tissue bank" means a corporation that recovers, processes, or distributes tissue for transplantation into humans.
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),
(4m), or
(4r).
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. Subject to
sub. (6m), if applicable, executing a document of gift that is signed by the individual.
157.06(3)(c)2.
2. Subject to
sub. (6m), if applicable, making a 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. In the instance of a recorded message in which a hospital, organ procurement organization, tissue bank, coroner, or medical examiner is requesting an anatomical gift, the hospital, organ procurement organization, tissue bank, coroner, or medical examiner shall do all of the following:
157.06(3)(c)2.a.
a. Inform the individual that the conversation is recorded and that a recorded copy of the conversation is available upon request and, if requested, provide such a copy.
157.06(3)(c)2.c.
c. Note on the request form that the individual has been read the sentences required under
sub. (6m) (a) and note any limitations that the individual imposes on the use of the bones or tissues or the types of organizations that recover, process, or distribute the donation. If the procedure under this subdivision is followed, the individual's signature or initials, as specified in
sub. (6m) (b), are not required.
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; no evidence of anatomical gift. 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 specified in
par. (ag) within that official's custody, for transplantation or therapy, including to a tissue bank under the requirements of
sub. (4r), 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, subject to
sub. (6m), 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.
