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AB1011,11,1313 4. Implementing the forfeiture procedures under sub. (14).
AB1011,11,16 14(9) Preservation and destruction. (a) After the recording of a surgical
15procedure under this section is complete, the surgical facility shall promptly do all
16of the following:
AB1011,11,1917 1. Preserve the recording as part of the surgical patient's health care record,
18which may include a copy in the patient's health care record and any electronic
19backup of health care records kept in the normal course of business.
AB1011,11,2020 2. Preserve a separate additional electronic copy.
AB1011,11,2321 3. Except as provided under subds. 1. and 2., delete copies of the recording from
22the recording device or any other electronic device, including any memory card or
23flash drive.
AB1011,12,324 (b) The surgical facility shall preserve the copy in the surgical patient's health
25care record, including any backup copy, as it would other records in the patient's

1health care record as required by law. The surgical facility or its designee shall retain
2the additional copy required under par. (a) 2. for at least 7 years after the recording
3was first made.
AB1011,12,14 4(10) Fees. A surgical facility may charge a surcharge of up to $25 for each
5recording made of a surgical procedure or discharge instructions to offset the costs
6of creating and providing a recording. The surgical facility shall provide, upon
7request by the surgical patient, a person authorized by the surgical patient under s.
8146.81 (5), or a parent, guardian, or legal custodian of a minor surgical patient, one
9copy of each recording made under sub. (2) (a) 1. for which a request is made without
10additional charge. The surgical facility shall provide to the surgical patient, upon
11request by the surgical patient, one free copy of the discharge instructions for the
12surgical patient and up to one additional free copy of the discharge instructions for
13another person designated by the surgical patient. The surgical facility may charge
14fees as described under s. 146.83 (3f) (b) 3m. for additional copies of the recordings.
AB1011,12,21 15(11) Admissibility of recording. For purposes of admissibility in a civil or
16criminal action or proceeding, an audiovisual recording created under this section
17is a patient health care record under s. 146.81 and shall be treated as other patient
18health care records under ss. 908.03 (6m) and 909.02 (11). If certified by an
19appropriate record custodian, recordings under this section shall be admissible as
20evidence in any civil or criminal action or proceeding related to any alleged act or
21omission depicted in the recording.
AB1011,12,24 22(12) Advance requests for recording. (a) Definition. In this subsection,
23“principal" means an individual who executes an advance request for surgical
24procedure recording instrument.
AB1011,13,6
1(b) Advance requests for recording. 1. An individual who is of sound mind and
2has attained age 18 may voluntarily execute an advance request for surgical
3procedure recording instrument. An individual for whom an adjudication of
4incompetence and appointment of a guardian of the individual is in effect in this state
5is presumed not to be of sound mind for purposes of this subsection and for executing
6an advance request for surgical procedure recording instrument.
AB1011,13,87 2. The desires of a principal who is not incapacitated supersede the effect of his
8or her advance request for surgical procedure recording instrument at all times.
AB1011,14,129 3. The department shall prepare and provide copies of an advance request for
10surgical procedure recording instrument and accompanying information for
11distribution in quantities to health care professionals, hospitals and other surgical
12facilities, county clerks, and local bar associations and individually to private
13persons. The department shall determine the form of the request form and
14accompanying instructions. The department shall include on the form an option for
15requesting the recording of a specific single surgical procedure, an option for
16requesting the recording of discharge instructions after a surgical procedure, an
17option for requesting the recording of all future surgical procedures under this
18section, and an option for requesting the recording of discharge instructions after all
19future surgical procedures under this section. The department shall also include on
20the form a statement to the effect that a principal who exercises the option for
21recording agrees that, unless the surgical practitioner involved waives
22confidentiality, a recording created under this section is confidential and the
23principal or a person on behalf of the principal may disclose it only to health care
24providers providing care to the principal, to immediate family members or a person
25authorized by the patient under s. 146.81 (5), or to an attorney or an attorney's staff

1for the purpose of obtaining legal advice, and if legal action is taken, the principal
2or an attorney on behalf of the principal may disclose the recording to additional
3individuals if necessary for the case, but it must be filed under seal if permitted by
4the court. The form shall also include a statement that the principal or a person on
5behalf of a principal may disclose the principal's discharge instructions to one or
6more persons designated by the principal to assist with postsurgical care, and a
7statement that a surgical facility or surgical practitioner may, if express
8authorization is granted by the principal in writing, use a copy of a recording for
9teaching or research purposes outside of the network of the surgical facility if the
10principal's personal identifying information is redacted or if the principal or other
11person authorized on behalf of the principal expressly consents, in writing, to the use
12and disclosure.
AB1011,14,1413 (c) Advance request for recording; execution. A valid advance request for
14surgical procedure recording shall be all of the following:
AB1011,14,1515 1. In writing.
AB1011,14,1716 2. Dated and signed by the principal or by an individual who has attained age
1718, at the express direction and in the presence of the principal.
AB1011,14,1918 3. Signed in the presence of a witness who is an individual who has attained
19the age 18.
AB1011,14,2020 4. Voluntarily executed.
AB1011,14,2221 (d) Revocation. A principal may revoke his or her advance request for surgical
22procedure recording instrument at any time by doing any of the following:
AB1011,15,223 1. Canceling, defacing, obliterating, burning, tearing, or otherwise destroying
24the advance request for surgical procedure recording instrument or directing

1another in the presence of the principal to so destroy the advance request for surgical
2procedure recording instrument.
AB1011,15,53 2. Executing a statement, in writing, that is signed and dated by the principal,
4expressing the principal's intent to revoke the advance request for surgical procedure
5recording instrument.
AB1011,15,76 3. Verbally expressing the desire to revoke the advance request for surgical
7procedure recording instrument in the presence of a witness.
AB1011,15,108 4. Executing a subsequent advance request for surgical procedure recording
9instrument that replaces an existing advance request for surgical procedure
10recording instrument.
AB1011,15,14 11(13) Penalties. (a) Except as provided under sub. (6), a health care provider
12who knowingly refuses to comply with a surgical patient request to have his or her
13surgical procedure or discharge instructions recorded may be subject to a forfeiture
14of not more than $25,000 for each violation.
AB1011,15,1715 (b) Except as provided under sub. (6), a surgical facility that fails to provide a
16notice required under sub. (2) (b) may be subject to a forfeiture of not more than
17$25,000 for each violation.
AB1011,15,2118 (c) 1. Any person who negligently interferes with or violates a surgical patient's
19advance request for surgical procedures recording instrument created under sub.
20(12) without the consent of the principal shall be subject to a fine of at least $500 but
21not more than $1,000.
AB1011,16,222 2. Any person who intentionally interferes with or violates a surgical patient's
23advance request for surgical procedures recording instrument created under sub.
24(12), including intentionally concealing, canceling, defacing, obliterating, damaging,

1or destroying the instrument without the consent of the principal may be fined not
2more than $5,000.
AB1011,16,53 (d) 1. For purposes of this paragraph, “disclosure” means to effect the provision
4of access to, or the release, transfer, or divulging in any manner of information
5outside those persons or entities authorized under in this section.
AB1011,16,96 2. Except as otherwise authorized under this section, if a surgical practitioner
7or other health care provider discloses a recording made under this section, the
8standards and penalties for violations relating to patient health care records
9described under s. 146.84 shall apply.
AB1011,16,1610 3. A surgical patient, or another person on behalf of a surgical patient, who
11intentionally discloses a recording made under this section in violation of sub. (2) (e)
12may be fined not more than $3,000 per violation. If a person affirmatively discloses
13a recording made under this section on a social media platform, that disclosure shall
14constitute a single violation, regardless of whether the disclosure is subsequently
15redisclosed by other social media participants. Each subsequent disclosure on a
16separate platform shall be considered a separate violation.
AB1011,16,2217 4. Whoever threatens, with intent to extort money or any pecuniary advantage
18whatever, or with intent to compel the person so threatened to do any act against the
19person's will, to disseminate or to communicate to anyone, or, except as otherwise
20authorized under this section, does disseminate or communicate to anyone,
21information related to a recording under this section is guilty of a Class I felony. For
22the purpose of this subdivision, “information" has the meaning given in s. 943.31.
AB1011,17,3 23(14) Forfeiture procedure. (a) The department may directly assess
24forfeitures provided for under sub. (13). If the department determines that a
25forfeiture should be assessed for a particular violation, the department shall send a

1notice of assessment to the health care provider. The notice shall specify the amount
2of the forfeiture assessed, the violation and the statute or rule alleged to have been
3violated, and shall inform the hospital of the right to a hearing under par. (b).
AB1011,17,154 (b) A health care provider may contest an assessment of a forfeiture by sending,
5within 30 days after receipt of notice under par. (a), a written request for a hearing
6under s. 227.44 to the division of hearings and appeals created under s. 15.103 (1).
7The administrator of the division may designate a hearing examiner to preside over
8the case and recommend a decision to the administrator under s. 227.46. The
9decision of the administrator of the division shall be the final administrative
10decision. The division shall commence the hearing within 60 days after receipt of the
11request for a hearing and shall issue a final decision within 30 days after the close
12of the hearing. Proceedings before the division are governed by ch. 227. In any
13petition for judicial review of a decision by the division, the party, other than the
14petitioner, who was in the proceeding before the division shall be the named
15respondent.
AB1011,17,2116 (c) All forfeitures shall be paid to the department within 30 days after receipt
17of notice of assessment or, if the forfeiture is contested under par. (b), within 30 days
18after receipt of the final decision after exhaustion of administrative review, unless
19the final decision is appealed and the order is stayed by court order. The department
20shall remit all forfeitures paid to the secretary of administration for deposit in the
21injured patients and families compensation fund under s. 655.27.
AB1011,17,2522 (d) The attorney general may bring an action in the name of the state to collect
23any forfeiture imposed under sub. (13) if the forfeiture has not been paid following
24the exhaustion of all administrative and judicial reviews. The only issue to be
25contested in any such action shall be whether the forfeiture has been paid.
AB1011,2
1Section 2. 146.81 (4) of the statutes is amended to read:
AB1011,18,172 146.81 (4) “Patient health care records" means all records related to the health
3of a patient prepared by or under the supervision of a health care provider; all
4recordings under s. 50.373 related to the surgical patient;
and all records made by
5an ambulance service provider, as defined in s. 256.01 (3), an emergency medical
6services practitioner, as defined in s. 256.01 (5), or an emergency medical responder,
7as defined in s. 256.01 (4p), in administering emergency care procedures to and
8handling and transporting sick, disabled, or injured individuals. “Patient health
9care records" includes billing statements and invoices for treatment or services
10provided by a health care provider and includes health summary forms prepared
11under s. 302.388 (2). “Patient health care records" does not include those records
12subject to s. 51.30, reports collected under s. 69.186, records of tests administered
13under s. 252.15 (5g) or (5j), 343.305, 938.296 (4) or (5) or 968.38 (4) or (5), records
14related to sales of pseudoephedrine products, as defined in s. 961.01 (20c), that are
15maintained by pharmacies under s. 961.235, fetal monitor tracings, as defined under
16s. 146.817 (1), or a pupil's physical health records maintained by a school under s.
17118.125.
AB1011,3 18Section 3 . 146.83 (3f) (b) 3m. of the statutes is created to read:
AB1011,18,2019 146.83 (3f) (b) 3m. Except as provided in s. 50.373, for a copy of a video
20recording of a surgical procedure or discharge instructions, $25 per copy.
AB1011,4 21Section 4 . 655.27 (1g) of the statutes is created to read:
AB1011,18,2322 655.27 (1g) Deposit of forfeitures. Forfeitures paid under s. 50.373 (13) shall
23be deposited in the fund under sub. (1).
AB1011,5 24Section 5 . Nonstatutory provisions.
AB1011,19,13
1(1) Emergency rules. Using the procedure under s. 227.24, the department of
2health services shall promulgate the rules required under s. 50.373 for the period
3before the effective date of the permanent rules promulgated under s. 50.373 but not
4to exceed the period authorized under s. 227.24 (1) (c), subject to extension under s.
5227.24 (2). Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), the department of health
6services is not required to provide evidence that promulgating a rule under this
7subsection as an emergency rule is necessary for the preservation of the public peace,
8health, safety, or welfare and is not required to provide a finding of emergency for a
9rule promulgated under this subsection. Notwithstanding s. 227.24 (1) (e) 1d., the
10department of health services is not required to prepare a statement of the scope of
11the rules promulgated under this subsection. Notwithstanding s. 227.24 (1) (e) 1g.,
12the department of health services is not required to present the rules promulgated
13under this subsection to the governor for approval.
AB1011,6 14Section 6 . Effective dates. This act takes effect on the first day of the 13th
15month beginning after publication, except as follows:
AB1011,19,1616 (1) Section 5 (1 ) of this act takes effect on the day after publication.
AB1011,19,1717 (End)
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