252.13 History
History: 1985 a. 73;
1987 a. 70;
1989 a. 201 ss.
9,
36;
1993 a. 27 ss.
325,
473; Stats. 1993 s. 252.13;
2009 a. 209.
252.133
252.133
HIV testing for anatomical gifts. 252.133(1)
(1) Except as provided in
sub. (2), a health care provider, as defined in
s. 252.15 (1) (ar), who procures, processes, distributes, or uses a human body part or human tissue that is the subject of an anatomical gift under
s. 157.06 shall have an HIV test performed on the donor of the body part or tissue in order to assure medical acceptability of the gift for the purpose intended. The health care provider shall use an HIV test that yields a validated HIV test result. If the validated HIV test result of the donor is positive, the human body part or human tissue donated for use or proposed for donation may not be used.
252.133(2)
(2) If, as determined by the attending physician of a potential donee of a human body part or human tissue, a medical emergency exists under which a human body part or human tissue that has been subjected to testing under
sub. (1) is unavailable, including a threat to the preservation of the life of the potential donee, the requirement of
sub. (1) does not apply.
252.133 History
History: 2009 a. 209 ss.
30,
45,
46; s. 35.17 correction in (2).
252.14
252.14
Discrimination related to acquired immunodeficiency syndrome. 252.14(1)(ar)
(ar) "Health care provider" means any of the following:
252.14(1)(ar)7.
7. A social worker, marriage and family therapist, or professional counselor certified or licensed under
ch. 457.
252.14(1)(ar)8.
8. A speech-language pathologist or audiologist licensed under
subch. II of ch. 459 or a speech and language pathologist licensed by the department of public instruction.
252.14(1)(ar)11.
11. A corporation of any provider specified under
subds. 1. to
8. that provides health care services.
252.14(1)(ar)12.
12. A cooperative health care association organized under
s. 185.981 that directly provides services through salaried employees in its own facility.
252.14(1)(d)
(d) "Inpatient health care facility" means a hospital, nursing home, community-based residential facility, county home, county mental health complex or other place licensed or approved by the department under
s. 49.70,
49.71,
49.72,
50.02,
50.03,
50.35,
51.08 or
51.09 or a facility under
s. 45.50,
48.62,
51.05,
51.06,
233.40,
233.41,
233.42 or
252.10.
252.14(2)
(2) No health care provider, peace officer, fire fighter, correctional officer, state patrol officer, jailer or keeper of a jail or person designated with custodial authority by the jailer or keeper, home health agency, inpatient health care facility, or person who has access to a validated HIV test result may do any of the following with respect to an individual who has acquired immunodeficiency syndrome or has a positive, validated HIV test result, solely because the individual has HIV infection or an illness or medical condition that is caused by, arises from, or is related to HIV infection:
252.14(2)(a)
(a) Refuse to treat the individual, if his or her condition is within the scope of licensure or certification of the health care provider, home health agency or inpatient health care facility.
252.14(2)(am)
(am) If a peace officer, fire fighter, correctional officer, state patrol officer, jailer or keeper of a jail or person designated with custodial authority by the jailer or keeper, refuse to provide services to the individual.
252.14(2)(b)
(b) Provide care to the individual at a standard that is lower than that provided other individuals with like medical needs.
252.14(2)(bm)
(bm) If a peace officer, fire fighter, correctional officer, state patrol officer, jailer or keeper of a jail or person designated with custodial authority by the jailer or keeper, provide services to the individual at a standard that is lower than that provided other individuals with like service needs.
252.14(2)(c)
(c) Isolate the individual unless medically necessary.
252.14(2)(d)
(d) Subject the individual to indignity, including humiliating, degrading or abusive treatment.
252.14(2m)
(2m) If a person declines to be subjected to an HIV test, a health care provider may not use the fact that the person declined an HIV test as a basis for denying services or treatment, other than an HIV test, to the person.
252.14(3)
(3) A health care provider, home health agency, or inpatient health care facility that treats an individual who has an HIV infection or acquired immunodeficiency syndrome shall develop and follow procedures that shall ensure continuity of care for the individual in the event that his or her condition exceeds the scope of licensure or certification of the provider, agency, or facility.
252.14(4)
(4) Any person violating
sub. (2) is liable to the patient for actual damages and costs, plus exemplary damages of up to $10,000 for an intentional violation. In determining the amount of exemplary damages, a court shall consider the ability of a health care provider who is an individual to pay exemplary damages.
252.14 History
History: 1989 a. 201;
1991 a. 32,
39,
160,
189,
269,
315;
1993 a. 27 ss.
326 to
331; Stats. 1993 s. 252.14;
1993 a. 105,
190,
252,
443;
1993 a. 490 s.
143;
1993 a. 491,
495;
1995 a. 27 ss.
6322,
9145 (1);
1997 a. 27,
35,
67,
75,
175;
1999 a. 9,
32,
180;
2001 a. 70,
80,
89;
2005 a. 22;
2007 a. 130;
2009 a. 165,
209;
2011 a. 161.
252.15
252.15
Restrictions on use of an HIV test. 252.15(1)(ac)
(ac) "Authorized representative" means any of the following:
252.15(1)(ac)2.
2. A person named by the court under
ch. 48 or
54 or ch.
880, 2003 stats., having the duty and authority of guardianship.
252.15(1)(ac)3.
3. A parent or legal custodian of a person who is under 14 years of age.
252.15(1)(ac)4.
4. For a person who is unable to communicate due to a medical condition, the person's closest living relative or another individual with whom the person has a meaningful social and emotional relationship.
252.15(1)(am)
(am) "Health care professional" means a physician or physician assistant who is licensed under
ch. 448 or a registered nurse or licensed practical nurse who is licensed under
ch. 441.
252.15(1)(ar)
(ar) "Health care provider" means any of the following:
252.15(1)(ar)3.
3. An employee of the Mendota Mental Health Institute or the Winnebago Mental Health Institute.
252.15(1)(eg)
(eg) "Relative" means a spouse, 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.
252.15(1)(em)
(em) "Significant exposure" means contact that carries a potential for a transmission of HIV, by one or more of the following:
252.15(1)(em)1.
1. Transmission, into a body orifice or onto mucous membrane, of blood; semen; vaginal secretions; cerebrospinal, synovial, pleural, peritoneal, pericardial or amniotic fluid; or other body fluid that is visibly contaminated with blood.
252.15(1)(em)2.
2. Exchange, during the accidental or intentional infliction of a penetrating wound, including a needle puncture, of blood; semen; vaginal secretions; cerebrospinal, synovial, pleural, peritoneal, pericardial or amniotic fluid; or other body fluid that is visibly contaminated with blood.
252.15(1)(em)3.
3. Exchange, into an eye, an open wound, an oozing lesion, or where a significant breakdown in the epidermal barrier has occurred, of blood; semen; vaginal secretions; cerebrospinal, synovial, pleural, peritoneal, pericardial or amniotic fluid; or other body fluid that is visibly contaminated with blood.
252.15(1)(em)6.
6. Other routes of exposure, defined as significant in rules promulgated by the department. The department in promulgating the rules shall consider all potential routes of transmission of HIV identified by the centers for disease control of the federal public health service.
252.15(1)(er)
(er) "Social worker" means an individual who is certified or licensed as a social worker, advanced practice social worker, independent social worker, or clinical social worker under
ch. 457.
252.15(1)(fm)
(fm) "Standard precautions" means measures that a health care provider, an employee of a health care provider or other individual takes in accordance with recommendations of the federal centers for disease control for the health care provider, employee or other individual for prevention of HIV transmission in health-care settings.
252.15(2m)(a)(a) Except as provided in
par. (b), and subject to
par. (c), a health care provider, blood bank, blood center, or plasma center may not subject a person to an HIV test unless all of the following conditions are satisfied:
252.15(2m)(a)1.
1. The health care provider, blood bank, blood center, or plasma center notifies the person or the person's authorized representative that the person will be subjected to an HIV test unless the person or the person's authorized representative declines the test.
252.15(2m)(a)2.
2. The health care provider, blood bank, blood center, or plasma center offers the person or the person's authorized representative a brief oral or written explanation or description of HIV infection; HIV test results; requirements under
subs. (7) (b) and
(7m) for reporting HIV test results; treatment options for a person who has a positive HIV test result; and services provided by AIDS service organizations, as defined in
s. 252.12 (1) (b), and other community-based organizations for persons who have a positive HIV test result.
252.15(2m)(a)3.
3. If a health care provider offers to perform an HIV test, the health care provider notifies the person or the person's authorized representative that the person or the person's authorized representative may decline the HIV test and that, if the person or the person's authorized representative declines the HIV test, the health care provider may not use the fact that the person declined an HIV test as a basis for denying services or treatment, other than an HIV test, to the person.
252.15(2m)(a)4.
4. The health care provider, blood bank, blood center, or plasma center provides the person or the person's authorized representative an opportunity to ask questions and to decline the HIV test.
252.15(2m)(a)5.
5. After complying with applicable conditions under
subds. 1. to
4., the health care provider, blood bank, blood center, or plasma center verifies that the person or the person's authorized representative understands that an HIV test will be performed on the person and that the decision of the person or the person's authorized representative regarding whether to have an HIV test performed is not coerced or involuntary.
252.15(2m)(b)1.
1. HIV testing of any body fluid or tissue that is performed by the department, a laboratory certified under
42 USC 263a, or a health care provider, blood bank, blood center, or plasma center for the purpose of research, if the testing is performed in a manner by which the identity of the test subject is not known and may not be retrieved by the researcher.
252.15(2m)(b)2.
2. HIV testing of a resident or patient of a center for the developmentally disabled, as defined in
s. 51.01 (3), or a mental health institute, as defined in
s. 51.01 (12), if the medical director of the center or institute determines that the conduct of the resident or patient poses a significant risk of transmitting HIV to another resident or patient of the center or institute and if the medical director provides the resident or patient, or the resident's or patient's guardian, an explanation of the HIV test result.
252.15(2m)(b)3.
3. HIV testing by a health care professional acting under an order of the court under
sub. (5j) or
s. 938.296 (4) or
(5) or
968.38 (4) or
(5). No sample used for laboratory test purposes under this subdivision may disclose the name of the HIV test subject, and the HIV test results may not be made part of the individual's permanent medical record.
252.15(2m)(b)5.
5. HIV testing of a donor of a human body part or human tissue that is required under
s. 252.133.
252.15(2m)(c)
(c) If the subject of an HIV test is a minor who is 14 years of age or older, a health care provider, blood bank, blood center, or plasma center shall provide the notifications and offer the information under
par. (a) 1. to
4. to the minor or his or her authorized representative, and only the minor or his or authorized representative may consent to or decline an HIV test under
par. (a).
252.15(2r)
(2r) Prohibition against conditioning HIV testing on disclosure. A health care provider may not require a person to authorize disclosure of HIV test results as a condition of administering an HIV test to the person.
252.15(3m)
(3m) Confidentiality and disclosure of HIV test results. 252.15(3m)(a)(a) The subject of an HIV test or the subject's authorized representative may disclose the results of the subject's test to anyone.
252.15(3m)(b)
(b) Except as provided under
par. (d) or
(e), a person who is neither the subject of the HIV test nor the subject's authorized representative may not disclose the subject's HIV test results unless the subject of the HIV test or his or her authorized representative has signed authorization for the disclosure that contains all of the following:
252.15(3m)(b)3.
3. The name of the person authorized to make the disclosure.
