This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
LRBs0304/1
MED&TJD:wlj/amn/cjs
2015 - 2016 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 867
February 12, 2016 - Offered by Representative Schraa.
AB867-ASA1,2,6 1An Act to repeal 69.18 (4) (bm) and 979.10 (3); to renumber 69.18 (4) (a) 1g. to
26.; to renumber and amend 69.18 (4) (a) (intro.), 157.02 (1), (2), (3), (4) and
3(5), 979.01 (1m), 979.01 (4), 979.10 (1) (a) 1., 2. and 3. and 979.10 (1) (c); to
4amend
20.165 (1) (g), 69.01 (12), 69.18 (2) (d) 1., 69.18 (2) (d) 2., 69.18 (2) (d)
53., 69.18 (3) (a), 69.18 (3) (b), 69.18 (3) (d), 69.20 (2) (a) 2., 157.03 (1), 157.03 (2),
6157.055 (2) (intro.), 157.112 (3) (intro.), 157.70 (3) (a), 346.71 (1), 346.71 (2),
7440.03 (9) (a) (intro.), 440.05 (intro.), 440.78 (1) (b), 979.01 (1r), 979.025 (2),
8979.025 (3), 979.09, 979.10 (1) (a) (intro.), 979.10 (1) (b), 979.10 (2), 979.10 (4)
9and 979.22; and to create 15.405 (18), 20.165 (1) (hr), 51.30 (4) (b) 29., 69.18
10(4) (am) (intro.), 69.18 (4) (b), 69.18 (4) (d), 69.18 (4) (e), 69.18 (4) (f), 157.02 (1m)
11(title), 157.02 (2m), 440.03 (9) (bm), 440.03 (13) (b) 38d., 440.08 (2) (a) 46t.,
12chapter 465, 979.01 (1m) (b), 979.01 (1p), 979.027, 979.036 and 979.10 (1) (a)
131m. and 2m. of the statutes; relating to: reporting deaths; death investigations

1and other duties of coroners and medical examiners; disposition of bodies;
2creating a medicolegal investigation examining board; licensure of medical
3examiners and medicolegal investigation staff members; extending the time
4limit for emergency rule procedures; providing an exemption from emergency
5rule procedures; granting rule-making authority; making an appropriation;
6and providing criminal penalties.
Analysis by the Legislative Reference Bureau
Under current law, coroners or medical examiners investigate certain deaths
and have various duties and powers specified by law related to deaths occurring in
this state, including receiving reports of deaths, participating in inquest
proceedings, determining causes of death, ordering autopsies, administering
provisions related to making anatomical gifts, and issuing cremation permits.
Current law provides for the election of coroners for four-year terms by the electors
of each county or of more than one county in certain cases, except that a county with
a population of 500,000 or more must, and a county with a population of less than
500,000 may, abolish the office of coroner and establish a medical examiner system.
Under the medical examiner system, a medical examiner is appointed by the county
board or, in populous counties, by the county executive. Current law does not
otherwise specify any particular requirements that an individual must fulfill in
order to hold the office of coroner or to be appointed as a medical examiner.
Licensure of medical examiners, medicolegal investigators, and others
The substitute amendment establishes a prohibition against performing a
death investigation or performing the functions of a medical examiner or a person
who assists a coroner or medical examiner with a death investigation (medicolegal
investigation staff member) without a license in medicolegal investigation issued by
the Medicolegal Investigation Examining Board, except that the substitute
amendment exempts coroners and certain accredited medical examiners from this
requirement. Any person who violates the prohibition may be subject to a fine of not
more than $1,000 and imprisonment of up to 90 days.
The substitute amendment requires the board to issue an initial license in
medicolegal investigation, at no charge, to every individual who is serving as a
nonaccredited medical examiner or medicolegal investigation staff member in this
state on the substitute amendment's effective date. The substitute amendment also
allows an individual who is serving as coroner on the substitute amendment's
effective date to elect to receive such a license. The substitute amendment requires
each such individual to complete, prior to the next license renewal date, 40 hours of
education, except that the substitute amendment allows an individual who holds a
credential, in good standing, from a nationally recognized accreditation organization

specializing in death investigation education to receive a waiver from completing 16
of those 40 hours. The substitute amendment requires the board to provide, at no
cost, the required hours of training to these individuals.
The substitute amendment also requires the board to issue a license in
medicolegal investigation to any individual who is appointed as a nonaccredited
medical examiner or is hired to serve as a medicolegal investigation staff member
after the substitute amendment's effective date, if the individual pays any initial
license fee imposed by the board. The substitute amendment requires such an
individual to complete a 40-hour death investigation training course within 18
months of initial licensure.
Finally, the substitute amendment allows an individual who is not serving as
a medical examiner or medicolegal investigator to obtain a license in medicolegal
investigation from the board if he or she first completes 40 hours of training and pays
any licensure fee established by the board.
The substitute amendment provides that the renewal date for any license in
medicolegal investigation is January 1, 2019, and every four years thereafter. In
order to renew a license, a license holder must pay any renewal fee imposed by the
board and complete 24 hours of education, subject to certain exemptions for initial
renewals.
Medicolegal Investigation Examining Board; powers and duties
The substitute amendment provides for the creation of the 11-member board
in the Department of Safety and Professional Services, to be composed of two
individuals who are coroners, chief deputy coroners, or deputy coroners; two
individuals who are nonaccredited medical examiners or medicolegal investigation
staff members; two accredited medical examiners; a member of the Wisconsin
District Attorneys' Association; members of two specified law enforcement
organizations; the attorney general or his or her designee; and one public member,
appointed for six-year terms. The substitute amendment requires the board to do
all of the following:
1. Promulgate rules specifying standards and curricula for training and
education requirements for individuals holding a license in medicolegal
investigation issued by the board.
2. Coordinate and provide, on a regional basis, training and education for
holders of licenses issued by the board at no cost to those license holders.
3. Monitor compliance with the licensure requirements created by the
substitute amendment.
4. Revoke the license of a license holder who fails to complete the required death
investigation course.
5. Provide the required training and education to license holders. The
substitute amendment allows the board to impose fees for licenses issued after the
substitute amendment's effective date and for license renewals.
The substitute amendment also requires the board, if a license is revoked or not
renewed for any reason, to do any of the following that applies to the license holder:
1. If the license holder is a nonaccredited medical examiner, send a statement
to the county board or county executive, if applicable, for any county in which the

license holder serves, recommending dismissal of the nonaccredited medical
examiner because of the revocation or failure to renew the license.
2. If the license holder is a medicolegal investigation staff member, send a
notice to the office in which the individual works notifying the coroner or medical
examiner of the revocation or failure to renew the license.
The substitute amendment requires an individual who is appointed as a
nonaccredited medical examiner or is hired to serve as a medicolegal investigation
staff member, and who leaves his or her position as a medical examiner or
medicolegal investigation staff member, to so inform the board.
The substitute amendment appropriates to the board all moneys received from
licensure fees for medicolegal investigators licensed by the board.
Notifications
The substitute amendment requires a coroner or medical examiner who
receives notice of a death to notify the deceased's next of kin. The substitute
amendment provides that a coroner or medical examiner need not notify the district
attorney of certain types of reported deaths if the district attorney has waived notice
in writing.
Handling of personal property
The substitute amendment requires a coroner or medical examiner to maintain
an inventory of personal property that the coroner or medical examiner takes from
a death scene or from a deceased. The substitute amendment specifies that the
coroner or medical examiner must destroy, in accordance with applicable county
evidence retention policies and standards for disposal of medications, or donate to
a drug repository program any prescription medications that the coroner or medical
examiner collects in an investigation and does not provide to a law enforcement
agency.
Disposition of bodies
Authorization to embalm or dispose of a body. The substitute amendment
requires an authorization from the coroner or medical examiner to embalm the body
of a person whose death must be reported. The substitute amendment specifies
certain information that a coroner or medical examiner must include on an
authorization to embalm a body.
Cremation permit. The substitute amendment provides that even when a death
is caused by a contagious or infectious disease, the body may not be cremated within
48 hours of the pronouncement of death unless the body must be cremated
immediately to effectively contain the disease or a public health authority orders the
sooner disposal of the body during a state of emergency that is related to public
health. The substitute amendment requires that, if the medical certification of the
cause and manner of death on a death certificate is completed by a physician, the
coroner or medical examiner must review the medical certification before issuing a
cremation permit. The substitute amendment further requires that a coroner or
medical examiner must specify on a cremation permit the earliest date and time that
cremation may occur.
Authorization to disinter and reinter. The substitute amendment clarifies that
no person, other than a cemetery, may disinter a body or human remains without

authorization from the coroner or medical examiner. The substitute amendment
adds, as a condition for obtaining a coroner's or medical examiner's authorization for
disinterment without a court order, that the person requesting authorization provide
proof of intent to cremate or bury the disinterred remains.
Disposition of unidentified or unclaimed bodies. This substitute amendment
provides that, if a person other than the superintendent of a state, county, or
municipal institution has an unidentified or unclaimed body, the person may notify
the coroner or medical examiner in the county of residence of the deceased, who must
bury or cremate the body. The substitute amendment further provides that, if the
coroner or medical examiner makes reasonable efforts to identify a body and notify
the deceased's representative of disposal of the body, the coroner or medical examiner
is immune from civil liability for his or her choice of method for disposing of the body.
Under current law, if an inmate of a state, county, or municipal institution dies, and
a relative or friend of the deceased does not claim the body and a medical or mortuary
school does not take the body, the superintendent of the institution must bury the
body.
Mental health treatment records
This substitute amendment provides a coroner or medical examiner access to
a deceased's mental health treatment records without informed consent for the
purpose of completing a medical certification on a certificate of death or for
conducting a death investigation. Under current law, a coroner or medical examiner
may obtain a deceased's health care records without informed consent for the
purpose of completing a medical certification on a certificate of death or for
conducting a death investigation.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB867-ASA1,1 1Section 1. 15.405 (18) of the statutes is created to read:
AB867-ASA1,5,52 15.405 (18) Medicolegal investigation examining board. There is created a
3medicolegal investigation examining board in the department of safety and
4professional services that shall consist of the following members appointed for
56-year terms:
AB867-ASA1,5,76 (a) Two individuals, each of whom is a coroner, chief deputy coroner, or deputy
7coroner.
AB867-ASA1,6,28 (am) Two individuals, each of whom is a nonaccredited medical examiner, as
9defined in s. 465.01 (4), or a medicolegal investigation staff member, as defined in s.

1465.01 (3), other than a medicolegal investigation staff member included under par.
2(a).
AB867-ASA1,6,43 (b) Two individuals, each of whom is an accredited medical examiner, as defined
4in s. 465.01 (1g).
AB867-ASA1,6,55 (c) One member of the Wisconsin District Attorneys' Association.
AB867-ASA1,6,66 (d) One member of the Badger State Sheriffs Association.
AB867-ASA1,6,77 (e) One member of the Wisconsin Chiefs of Police Association.
AB867-ASA1,6,88 (g) The attorney general or his or her designee.
AB867-ASA1,6,99 (i) One public member.
AB867-ASA1,2 10Section 2. 20.165 (1) (g) of the statutes is amended to read:
Loading...
Loading...