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AB913,13,55 1. In writing.
AB913,13,76 2. Dated and signed by the principal or by an individual who has attained age
718, at the express direction and in the presence of the principal.
AB913,13,98 3. Signed in the presence of a witness who is an individual who has attained
9the age 18.
AB913,13,1010 4. Voluntarily executed.
AB913,13,1211 (d) Revocation. A principal may revoke his or her advance request for surgical
12procedure recording instrument at any time by doing any of the following:
AB913,13,1613 1. Canceling, defacing, obliterating, burning, tearing, or otherwise destroying
14the advance request for surgical procedure recording instrument or directing
15another in the presence of the principal to so destroy the advance request for surgical
16procedure recording instrument.
AB913,13,1917 2. Executing a statement, in writing, that is signed and dated by the principal,
18expressing the principal's intent to revoke the advance request for surgical procedure
19recording instrument.
AB913,13,2120 3. Verbally expressing the desire to revoke the advance request for surgical
21procedure recording instrument in the presence of a witness.
AB913,13,2422 4. Executing a subsequent advance request for surgical procedure recording
23instrument that replaces an existing advance request for surgical procedure
24recording instrument.
AB913,14,4
1(13) Penalties. (a) Except as provided under sub. (6), a health care provider
2who knowingly refuses to comply with a surgical patient request to have his or her
3surgical procedure or discharge instructions recorded may be subject to a forfeiture
4of not more than $25,000 for each violation.
AB913,14,75 (b) Except as provided under sub. (6), a surgical facility that fails to provide a
6notice required under sub. (2) (b) may be subject to a forfeiture of not more than
7$25,000 for each violation.
AB913,14,118 (c) 1. Any person who negligently interferes with or violates a surgical patient's
9advance request for surgical procedures recording instrument created under sub.
10(12) without the consent of the principal shall be subject to a fine of at least $500 but
11not more than $1,000.
AB913,14,1612 2. Any person who intentionally interferes with or violates a surgical patient's
13advance request for surgical procedures recording instrument created under sub.
14(12), including intentionally concealing, canceling, defacing, obliterating, damaging,
15or destroying the instrument without the consent of the principal may be fined not
16more than $5,000.
AB913,14,1917 (d) 1. For purposes of this paragraph, “disclosure” means to effect the provision
18of access to, or the release, transfer, or divulging in any manner of information
19outside those persons or entities authorized under in this section.
AB913,14,2320 2. Except as otherwise authorized under this section, if a surgical practitioner
21or other health care provider discloses a recording made under this section, the
22standards and penalties for violations relating to patient health care records
23described under s. 146.84 shall apply.
AB913,15,524 3. A surgical patient, or another person on behalf of a surgical patient, who
25intentionally discloses a recording made under this section in violation of sub. (2) (e)

1may be fined not more than $1,000 per violation. If a person affirmatively discloses
2a recording made under this section on a social media platform, that disclosure shall
3constitute a single violation, regardless of whether the disclosure is subsequently
4redisclosed by other social media participants. Each subsequent disclosure on a
5separate platform shall be considered a separate violation.
AB913,15,116 4. Whoever threatens, with intent to extort money or any pecuniary advantage
7whatever, or with intent to compel the person so threatened to do any act against the
8person's will, to disseminate or to communicate to anyone, or, except as otherwise
9authorized under this section, does disseminate or communicate to anyone,
10information related to a recording under this section is guilty of a Class I felony. For
11the purpose of this subdivision, “information" has the meaning given in s. 943.31.
AB913,15,17 12(14) Forfeiture procedure. (a) The department may directly assess
13forfeitures provided for under sub. (13). If the department determines that a
14forfeiture should be assessed for a particular violation, the department shall send a
15notice of assessment to the health care provider. The notice shall specify the amount
16of the forfeiture assessed, the violation and the statute or rule alleged to have been
17violated, and shall inform the hospital of the right to a hearing under par. (b).
AB913,16,418 (b) A health care provider may contest an assessment of a forfeiture by sending,
19within 30 days after receipt of notice under par. (a), a written request for a hearing
20under s. 227.44 to the division of hearings and appeals created under s. 15.103 (1).
21The administrator of the division may designate a hearing examiner to preside over
22the case and recommend a decision to the administrator under s. 227.46. The
23decision of the administrator of the division shall be the final administrative
24decision. The division shall commence the hearing within 60 days after receipt of the
25request for a hearing and shall issue a final decision within 30 days after the close

1of the hearing. Proceedings before the division are governed by ch. 227. In any
2petition for judicial review of a decision by the division, the party, other than the
3petitioner, who was in the proceeding before the division shall be the named
4respondent.
AB913,16,105 (c) All forfeitures shall be paid to the department within 30 days after receipt
6of notice of assessment or, if the forfeiture is contested under par. (b), within 30 days
7after receipt of the final decision after exhaustion of administrative review, unless
8the final decision is appealed and the order is stayed by court order. The department
9shall remit all forfeitures paid to the secretary of administration for deposit in the
10injured patients and families compensation fund under s. 655.27.
AB913,16,1411 (d) The attorney general may bring an action in the name of the state to collect
12any forfeiture imposed under sub. (13) if the forfeiture has not been paid following
13the exhaustion of all administrative and judicial reviews. The only issue to be
14contested in any such action shall be whether the forfeiture has been paid.
AB913,2 15Section 2 . 146.81 (4) of the statutes is amended to read:
AB913,17,616 146.81 (4) “Patient health care records" means all records related to the health
17of a patient prepared by or under the supervision of a health care provider; all
18recordings under s. 50.373 related to the surgical patient;
and all records made by
19an ambulance service provider, as defined in s. 256.01 (3), an emergency medical
20services practitioner, as defined in s. 256.01 (5), or an emergency medical responder,
21as defined in s. 256.01 (4p), in administering emergency care procedures to and
22handling and transporting sick, disabled, or injured individuals. “Patient health
23care records" includes billing statements and invoices for treatment or services
24provided by a health care provider and includes health summary forms prepared
25under s. 302.388 (2). “Patient health care records" does not include those records

1subject to s. 51.30, reports collected under s. 69.186, records of tests administered
2under s. 252.15 (5g) or (5j), 343.305, 938.296 (4) or (5) or 968.38 (4) or (5), records
3related to sales of pseudoephedrine products, as defined in s. 961.01 (20c), that are
4maintained by pharmacies under s. 961.235, fetal monitor tracings, as defined under
5s. 146.817 (1), or a pupil's physical health records maintained by a school under s.
6118.125.
AB913,3 7Section 3. 146.83 (3f) (b) 3m. of the statutes is created to read:
AB913,17,98 146.83 (3f) (b) 3m. Except as provided in s. 50.373, for a copy of a video
9recording of a surgical procedure or discharge instructions, $25 per copy.
AB913,4 10Section 4 . 655.27 (1g) of the statutes is created to read:
AB913,17,1211 655.27 (1g) Deposit of forfeitures. Forfeitures paid under s. 50.373 (13) shall
12be deposited in the fund under sub. (1).
AB913,5 13Section 5 . Nonstatutory provisions.
AB913,18,214 (1) Emergency rules. Using the procedure under s. 227.24, the department of
15health services shall promulgate the rules required under s. 50.373 for the period
16before the effective date of the permanent rules promulgated under s. 50.373 but not
17to exceed the period authorized under s. 227.24 (1) (c), subject to extension under s.
18227.24 (2). Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), the department of health
19services is not required to provide evidence that promulgating a rule under this
20subsection as an emergency rule is necessary for the preservation of the public peace,
21health, safety, or welfare and is not required to provide a finding of emergency for a
22rule promulgated under this subsection. Notwithstanding s. 227.24 (1) (e) 1d., the
23department of health services is not required to prepare a statement of the scope of
24the rules promulgated under this subsection. Notwithstanding s. 227.24 (1) (e) 1g.,

1the department of health services is not required to present the rules promulgated
2under this subsection to the governor for approval.
AB913,6 3Section 6. Effective dates. This act takes effect on the first day of the 13th
4month beginning after publication, except as follows:
AB913,18,55 (1) Section 5 (1 ) of this act takes effect on the day after publication.
AB913,18,66 (End)
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