69.18(2)(d)1.1. Except as provided under
par. (e), if a death is the subject of a coroner's or medical examiner's determination under
s. 979.01 or
979.03, the coroner or medical examiner or a physician supervised by a coroner or medical examiner in the county where the event which caused the death occurred shall complete and sign the medical certification for the death and mail the death certificate within 5 days after the pronouncement of death or present the certificate to the person responsible for filing the death certificate under
sub. (1) within 6 days after the pronouncement of death.
69.18(2)(d)2.
2. Except as provided under
par. (e), if the decedent was not under the care of a physician for the illness or condition from which the person died, the coroner or medical examiner, or a physician supervised by a coroner or medical examiner, in the county of the place of death shall complete and sign the medical certification for the death and mail the death certificate within 5 days after the pronouncement of death or present the certificate to the person responsible for filing the death certificate under
sub. (1) within 6 days after the pronouncement of death.
69.18(2)(d)3.
3. For a medical certification under this paragraph, except a medical certification of the cause of death of an indigent, a coroner or medical examiner may charge a fee established by the county board, not to exceed an amount reasonably related to the actual and necessary cost of providing the medical certification. The coroner or medical examiner, or the physician employed by the coroner or medical examiner, shall mail or present a medical certification as required under
subd. 1., whether or not the fee has been paid.
69.18(2)(e)
(e) Unless the person is a physician supervised by a coroner or medical examiner, no person may act under
par. (d) if the subject of the death certificate was his or her patient or a patient in a hospital, or nursing home, as defined in
s. 50.01 (3), in which he or she has direct care of any patient.
69.18(2)(f)1.1. A person signing a medical certification under
par. (b),
(c) or
(d) shall describe, in detail, on a form prescribed by the state registrar, the cause of death, show the duration of each cause, the sequence of each cause if the cause of death was multiple and, if the cause was disease, the evolution of the disease. The person shall describe a disease in medical terms and may not limit the description to symptoms or conditions resulting from disease. If the cause of a death is medically certified under
par. (d), the coroner or medical examiner shall describe any violence related to the cause of death, its effect on the decedent and whether it was accidental, suicidal, homicidal or undetermined.
69.18(2)(f)2.
2. If a person signing a medical certification under
par. (b),
(c) or
(d) fails to satisfy the requirements of
subd. 1., the medical certification shall be deemed incomplete and unsigned and may be returned to the person for completion.
69.18(2)(f)3.
3. A person signing a medical certification under
par. (b),
(c) or
(d) shall note on the certificate if the cause of death of the subject of the certificate is unknown, undetermined or if the determination of the cause of death is pending and shall submit to the state registrar within 30 days after the pronouncement of death an amendment to the medical certification which satisfies the requirements of
subd. 1., except that such amendment may exclude information which is unavailable pending the determination of an inquest under
s. 979.04.
69.18(3)
(3) Requirements for disposition of a corpse or stillbirth. 69.18(3)(a)(a) Except as provided under
par. (c) or
(e), the person who has moved a corpse under
sub. (1) (a) shall complete a report for final disposition, on a form supplied by the state registrar, and, within 24 hours after being notified of the death, mail or present a copy of the report to the coroner or medical examiner in the county of the place of death and mail or present a copy to the local registrar in the registration district of the place of death. If the cause of death is subject to an investigation under
s. 979.01 or
979.03, the report for final disposition shall be submitted to the coroner or medical examiner in the county in which the event which caused the death occurred.
69.18(3)(b)
(b) If a medical certification for a corpse is required under
sub. (2) (d), no person may embalm the corpse or effect its final disposition without satisfying the requirements for a report under
par. (a) and without obtaining the written permission of the person required to complete the medical certification under
sub. (2) (d).
69.18(3)(c)
(c) No person may effect a final disposition of a corpse brought into this state unless the corpse is accompanied by written authorization for final disposition under the law of another state.
69.18(3)(d)
(d) No person may remove a corpse from this state if the place of death was in this state unless the corpse is accompanied by a copy of the report for final disposition. If a medical certification is required for the corpse under
sub. (2) (d), the corpse must be accompanied by the report and the written permission of the coroner or medical examiner to embalm and effect final disposition. No person may remove a stillbirth from this state if the delivery of the stillbirth was in this state unless the stillbirth is accompanied by a report for final disposition.
69.18(3)(e)
(e) Except as provided under
par. (d), no report under
par. (a) is required to effect final disposition of a stillbirth. No person may effect final disposition of a stillbirth without the written authorization of any of the following persons, in order of priority stated, when persons in prior classes are not available at the time of authorization, and in the absence of actual notice of opposition by a member of the same or a prior class:
69.18(3)(e)4.
4. Any other person authorized or under obligation to dispose of the stillbirth.
69.18(3)(f)
(f) Every person in charge of a place in which interment or other disposition of corpses occurs shall maintain a written record of every corpse interred there. The record shall include the name of the decedent, the place of death, the date of burial and the name and address of the funeral director or other person in charge of the funeral.
69.18(3)(g)
(g) If a deceased person had a disease which the department determines is communicable and dangerous to the public health, the corpse of the person may not be moved nor final disposition effected except under conditions prescribed by the department.
69.18(4)
(4) Authorization for disinterment and reinterment. 69.18(4)(a)(a) Subject to
s. 157.111, the coroner or medical examiner of the county in which a decedent's corpse is interred shall issue an authorization for disinterment and reinterment upon receipt of an order of a court of competent jurisdiction or upon receipt of a written application for disinterment and reinterment signed by the person in charge of the disinterment and by any of the following persons, in order of priority stated, when persons in prior classes are not available at the time of application, and in the absence of actual notice of contrary indications by the decedent or actual notice of opposition by a member of the same or a prior class:
69.18(4)(a)5.
5. A guardian of the person of the decedent at the time of the decedent's death.
69.18(4)(a)6.
6. Any other person authorized or under obligation to dispose of the decedent's corpse.
69.18(4)(bm)
(bm) A cemetery authority may disinter and reinter buried human remains as provided under
s. 157.112 without first obtaining an authorization under
par. (a).
69.18 Cross-reference
Cross-reference: See also chs.
DHS 135 and
136, Wis. adm. code.
69.18 Annotation
Sub. (2) (f) does not require a death certificate to state the basis of a patient's treatment or the type of treatment. Neuman v. Circuit Court for Marathon County,
231 Wis. 2d 440,
605 N.W.2d 280 (Ct. App. 1999),
99-0714.
69.186
69.186
Induced abortion reporting. 69.186(1)
(1) On or before January 15 annually, each hospital, clinic or other facility in which an induced abortion is performed shall file with the department a report for each induced abortion performed in the hospital, clinic or other facility in the previous calendar year. Each report shall contain all of the following information with respect to each patient obtaining an induced abortion in the hospital, clinic or other facility:
69.186(1)(a)
(a) The state and, if this state, the county, of residence.
69.186(1)(f)
(f) Month and year in which the induced abortion was performed.
69.186(1)(h)
(h) The number of weeks since the patient's last menstrual period.
69.186(1)(hf)
(hf) The probable postfertilization age of the unborn child, as defined in
s. 253.107 (1) (c), and whether an ultrasound was used to assist in making the determination of postfertilization age of the unborn child, or, if the probable postfertilization age of the unborn child was not determined, the nature of the medical emergency, as defined in
s. 253.10 (2) (d).
69.186(1)(hm)
(hm) Whether the abortion was a chemically induced abortion, a surgical abortion or a surgical abortion following a failed or incomplete chemical abortion.
69.186(1)(i)
(i) Complications, if any, resulting from performance of the induced abortion.
69.186(1)(k)
(k) If the unborn child is considered to be capable of experiencing pain under
s. 253.107 (3) (a), the nature of the medical emergency, as defined in
s. 253.10 (2) (d), that the pregnant woman had.
69.186(1)(L)
(L) If the unborn child is considered to be capable of experiencing pain under
s. 253.107 (3) (a), a statement whether the method of abortion used was one that, in reasonable medical judgment, provided the best opportunity for the unborn child to survive or, if such a method was not used, the basis of the determination that termination of the pregnancy in that manner posed a greater risk either of the death of the pregnant woman or of the substantial and irreversible physical impairment of a major bodily function of the woman than other available methods.
69.186(2)
(2) The department shall collect the information under
sub. (1) in a manner which the department shall specify and which ensures the anonymity of a patient who receives an induced abortion, a health care provider who provides an induced abortion and a hospital, clinic or other facility in which an induced abortion is performed. The department shall publish annual demographic summaries of the information obtained under this section, except that the department may not disclose any information obtained under this section that reveals the identity of any patient, health care provider or hospital, clinic or other facility and shall ensure anonymity in all of the following ways:
69.186(2)(a)
(a) The department may use information concerning the patient number under
sub. (1) (b) or concerning the identity of a specific reporting hospital, clinic or other facility for purposes of information collection only and may not reproduce or extrapolate this information for any purpose.
69.186(2)(b)
(b) The department shall immediately destroy all reports submitted under
sub. (1) after information is extrapolated from the reports for use in publishing the annual demographic summary under this subsection.
69.19
69.19
Court-ordered certificates of death. If a person has died in this state and final disposition of the person's corpse has been effected but no certificate of death is on file one year after a death, a person with a direct and tangible interest in having a certificate of death registered may petition the circuit court of the county in which the death is alleged to have occurred. If the court finds that the petitioner has established the facts of the death required on the certificate of death, the clerk of the court shall report the court's determination to the state registrar on a form prescribed by the state registrar, along with the fee required under
s. 69.22. Upon receipt of the report, the state registrar shall register the death certificate and send a copy to the local registrar under
s. 69.03 (11). The local registrar shall file the copy.
69.19 History
History: 1985 a. 315.
69.20
69.20
Disclosure of information from vital records. 69.20(1)(1) A person with a direct and tangible interest in a vital record is any of the following:
69.20(1)(b)
(b) A member of the registrant's immediate family.
69.20(1)(c)
(c) The parent of a registrant, unless the parent is a birth parent whose parental rights to the registrant have been terminated under
ch. 48.
69.20(1)(d)
(d) The registrant's legal custodians or guardians.
69.20(1)(e)
(e) A representative authorized by any person under
pars. (a) to
(d), including an attorney.
69.20(1)(f)
(f) Any other person who demonstrates a direct and tangible interest when information is necessary for the determination or protection of a personal or property right.
69.20(2)(a)(a) Except as provided under
sub. (3), information in the part of a certificate of birth, divorce or annulment, or termination of domestic partnership, a marriage document, or a declaration of domestic partnership that is designated on the form as being collected for statistical or medical and statistical use only and information in the part of a death certificate that is designated on the form as being collected as statistical-use-only information under
s. 69.18 (1m) (c) may not be disclosed to any person except the following:
69.20(2)(a)1.
1. The subject of the information, or, if the subject is a minor, his or her parent or guardian.
69.20(2)(a)2.
2. For a certificate of death, any of the persons specified under
s. 69.18 (4) (a) 1g. to
6. or an individual who is authorized in writing by one of the persons.
69.20(2)(b)
(b) Except as provided under
sub. (3), the state registrar and local registrars may not permit inspection of or disclose information contained in any record of a birth which occurred after September 30, 1907 if the mother of the subject of the record was not married at any time from the conception to the birth of the subject of the record, unless the inspection is by or the information is disclosed to a person who has a direct and tangible interest in such record.
69.20(2)(c)
(c) Except as provided under
sub. (3), until 50 years after a decedent's date of death, the state registrar and a local registrar may not permit inspection of or disclose information contained in the portion under
s. 69.18 (1m) (b) 2. and
3. of the certificate of death to anyone except to a person specified under
sub. (1), or to a direct descendent of the decedent.
69.20(3)(a)(a) The state registrar or a local registrar may effect a disclosure of information prohibited under
sub. (2) if a court of competent jurisdiction orders the disclosure and specifies the vital record which is to be disclosed.
69.20(3)(b)
(b) The state registrar may effect disclosure of information prohibited under
sub. (2) if the person to whom the information will be disclosed has signed and given to the state registrar a written agreement specifying the conditions under which the information will be used, as designated by the state registrar and if:
69.20(3)(b)1.
1. The information will be used for health or demographic research or for a public health program.
69.20(3)(b)2.
2. The information will be used by the federal agency responsible for compilation of national statistics and if the federal agency shares the cost of collecting, processing and transmitting the data. The federal agency may not use the information for any purpose except compilation of national statistics unless the federal agency specifies the other purpose to the state registrar and the state registrar gives written authorization for such use.
69.20(3)(b)3.
3. The information is from the vital record of a registrant who is a resident of another state or who was born in another state and is transmitted to the office responsible for keeping the vital statistics in such state under an interstate cooperation agreement which requires that the information be used for statistical and administrative purposes only and which provides for the retention and disposition of such copies. If under such an agreement the state registrar receives information from an office responsible for keeping the vital statistics in another state, the state registrar may not use the information for any purpose except the compilation of statistics.
69.20(3)(b)4.
4. The information is from a birth certificate which indicates that the registrant has a congenital disability and is submitted to the department of public instruction.
69.20(3)(b)5.
5. The information is submitted to a public school system in this state for the purpose of compiling demographic statistics related to planning.
69.20(3)(c)
(c) Notwithstanding
sub. (2), a local registrar may disclose information on a birth certificate or issue a copy of the certificate to a local health department, as defined in
s. 250.01 (4), for health or demographic research or a public health program if the local health department pays the copying costs and if the birth of the registrant occurred within the boundaries of the political subdivision served by the local health department or the registrant is a resident of the political subdivision. The local health department may not disclose any information from any copy which it receives under this paragraph to any person and shall destroy the copy no later than one year after receipt.
69.20(3)(d)
(d) Subject to
par. (f), the state or a local registrar may disclose information from the vital record of a specified registrant, except information under
sub. (2) (a), to a federal agency, to any agency of the government of this state or to any agency of a county, city, town or village if the agency requests the information for use in the conduct of its official duties.
69.20(3)(e)
(e) Public use indexes of certificates of birth, death, marriage, divorce, domestic partnership and termination of domestic partnership, or annulment, or marriage documents that are filed in the system of vital statistics at the state or local level are accessible only by inspection at the office of the state registrar or of a local registrar and may not be copied or reproduced except as follows:
69.20(3)(e)1.a.a. Certificate of birth index information may be copied or reproduced for the public only after 100 years have elapsed from the year in which the birth occurred. No information in the index that has been impounded under
s. 69.15 may be released.
69.20(3)(e)1.b.
b. Subdivision 1. a. does not apply to certificate of birth indexes of events that occurred before October 1, 1907.
69.20(3)(e)2.
2. Indexes of record of death, marriage, divorce, domestic partnership and termination of domestic partnership, or annulment may be copied or reproduced for the public after 24 months have elapsed from the year in which the event occurred.
69.20(3)(e)3.
3. Beginning January 1, 2003, any information that is obtained from an index under
subd. 1. or
2. and that is released shall contain the following statement: “This information is not a legal vital record index. Inclusion of any information does not constitute legal verification of the fact of the event."
69.20(3)(f)
(f) The state or a local registrar may disclose a social security number on a vital record to the department of children and families or a county child support agency under
s. 59.53 (5) in response to a request under
s. 49.22 (2m).
69.20(3)(g)
(g) The state or local registrar, upon request of the department of revenue, may disclose information on vital records, including a social security number, to the department of revenue only for the following purposes related to administering state taxes and collection of debts referred to the department of revenue:
69.20(3)(g)1.
1. Locating persons, or the assets of persons, who have failed to file tax returns, have underreported their taxable income, or are delinquent debtors.
