Chapter DHS 137
ANATOMICAL GIFTS
Subchapter I — The Wisconsin Donor Registry
DHS 137.01 Authority and purpose. DHS 137.02 Applicability. DHS 137.04 Registration in the Wisconsin Donor Registry. DHS 137.05 Amending an anatomical gift recorded in the Wisconsin Donor Registry. DHS 137.06 Revocation of an anatomical gift recorded in the Wisconsin Donor Registry. DHS 137.07 Authorization to access registry data. DHS 137.08 Use of the registry by procurement organizations. Subchapter II — Forms For Use When Removing Organs and Tissues From a Decedent
DHS 137.30 Authority and purpose. DHS 137.31 Applicability. DHS 137.32 Form for use when removing organs from a decedent. DHS 137.33 Form for use when removing tissues from a decedent. Ch. DHS 137 NoteNote: Chapter HFS 137 was created as an emergency rule effective July 24, 2006. Chapter HFS 137 was renumbered chapter DHS 137 under s. 13.92 (4) (b) 1., Stats., Register January 2009 No. 637. DHS 137.01DHS 137.01 Authority and purpose. This subchapter is promulgated under the authority of s. 157.06 (20), Stats., to establish and govern the operation of the Wisconsin donor registry as a means for individuals to make anatomical gifts in the manner provided under s. 157.06 (5) (a) 5., Stats., as a means for procurement organizations to determine whether individuals at or near death are donors, and as a means for the department to obtain and analyze aggregate donor data for the purpose of encouraging and increasing organ, tissue and eye donation. The subchapter establishes the means by which individuals may authorize their inclusion in the registry when applying for a Wisconsin driver’s license or identification card and the means by which individuals who have either a Wisconsin driver’s license or identification card may authorize their inclusion in the registry by completing a form on the Wisconsin donor registry website. Under this subchapter, when an individual is at or near death, authorized procurement organizations may query the registry database to determine whether the individual has a record of gift or a record of intent. DHS 137.01 HistoryHistory: EmR1009: emerg. cr. eff. 3-29-10; CR 10-037: cr. Register October 2010 No. 658, eff. 11-1-10. DHS 137.02DHS 137.02 Applicability. This subchapter applies to each procurement organization serving Wisconsin and to each person included or eligible for inclusion in the registry. DHS 137.02 HistoryHistory: EmR1009: emerg. cr. eff. 3-29-10; CR 10-037: cr. Register October 2010 No. 658, eff. 11-1-10. DHS 137.03DHS 137.03 Definitions. Words, phrases, and terms used in this subchapter have the same meanings as are set forth in s. 157.06, Stats., except as defined in this subchapter or where the context clearly indicates a different meaning. In this subchapter: DHS 137.03(1)(1) “Department” means the department of health services. DHS 137.03(3)(3) “Record of intent” means a statement or symbol in the department of transportation electronic database that indicates an individual responded affirmatively to the donor question when applying for a driver’s license or identification card before March 29, 2010 or before the individual was at least 15 years of age. DHS 137.03(4)(4) “Wisconsin donor registry,” or “registry,” means the donor registry established by the department, pursuant to s. 157.06 (20), Stats., the operation of which is governed by this subchapter. It comprises records of anatomical gifts, which are maintained in the Wisconsin department of transportation driver license and identification card database, and any supplemental records of anatomical gifts maintained in a department database. DHS 137.03(5)(5) “Wisconsin donor registry website” or “registry website,” means the website established by the department that an individual with a Wisconsin driver’s license or identification card may access to make an anatomical gifts by authorizing his or her inclusion in the Wisconsin donor registry or to revoke an anatomical gift the individual has recorded in the Wisconsin donor registry. DHS 137.03 HistoryHistory: EmR1009: emerg. cr. eff. 3-29-10; CR 10-037: cr. Register October 2010 No. 658, eff. 11-1-10; EmR2312: emerg. am. (3), eff. 8-21-23; CR 23-036: am. (3) Register April 2024 No. 820, eff. 5-1-24. DHS 137.04DHS 137.04 Registration in the Wisconsin Donor Registry. DHS 137.04(1)(a)(a) Beginning March 29, 2010, an individual at least 15 years of age who indicates a desire to register as an organ, tissue, and eye donor when applying for or renewing a Wisconsin driver’s license or identification card makes an anatomical gift of organs, tissues and eyes by authorizing his or her inclusion in the registry. The department of transportation’s inclusion of a statement or symbol in its database that the individual has indicated a desire to register as an organ, tissue, and eye donor constitutes a record of an anatomical gift under s. 157.06 (2) (t), Stats. DHS 137.04 NoteNote: Until January 2010, the application form for a Wisconsin driver’s license or identification card included a statement that answering “yes” to the question whether the applicant wished to be an organ donor did not in itself authorize an anatomical gift. A record of intent will be noted for individuals who indicated they wanted to be organ donors using this application form. An individual who has indicated a desire to be a donor using this form may register as a donor in the manner described in par. (b) or when renewing his or her license.
DHS 137.04(1)(b)(b) An individual who is at least 15 years of age and has a Wisconsin driver’s license or identification card may authorize his or her inclusion in the registry as a means of making an anatomical gift of organs, tissues and eyes by completing a form available on the Wisconsin donor registry website. The department shall forward the individual’s authorization to the department of transportation, or the individual may write to the Wisconsin department of transportation. The department of transportation’s entry of a statement or symbol in its database indicating that the individual has made an anatomical gift shall constitute a record of gift under s. 157.06 (2) (t), Stats. DHS 137.04 NoteNote: Requests may be mailed to the Wisconsin Department of Transportation, Division of Motor Vehicles, Qualifications and Issuance, Rm. 801, P.O. Box 7999, Madison, WI 53707-7999.
DHS 137.04 NoteNote: Every time an individual renews his or her driver’s license or identification card, the individual will be asked whether he or she wants to make an organ or tissue donation. If an individual who has authorized his or her inclusion in the registry under par. (a) or (b) wishes to remain in the registry, the individual must indicate this when renewing his or her driver’s license or identification card. Individuals in the registry who do not renew their licenses will remain in the registry.
DHS 137.04(1)(c)(c) An individual who authorizes his or her inclusion in the registry makes an anatomical gift of organs, tissues, and eyes, but does not make a gift of the entire body, unless the individual subsequently amends the gift under s. 157.06 (6) (a), Stats., to donate the entire body. DHS 137.04(1)(d)(d) An individual who authorizes his or her inclusion in the registry does not revoke a previously executed anatomical gift directed for the use of a particular person or purpose, limited to particular organs or tissues, or otherwise directed to a particular legal use. DHS 137.04(2)(a)(a) An individual who, before March 29, 2010, responded affirmatively to the donor question when applying for a driver’s license or identification card, or communicated in writing to the department of transportation a desire to make an anatomical gift, has stated an intent to make an anatomical gift. DHS 137.04(2)(b)(b) An individual under 15 years of age, who indicates a desire to make an anatomical gift when applying for a Wisconsin driver’s license or identification card, or who has a driver’s license or identification card and communicates in writing to the department of transportation a desire to make an anatomical gift or indicates a desire to make an anatomical gift by completing the donor form on the registry website, has stated an intent to make an anatomical gift. DHS 137.04(2)(c)(c) The department of transportation’s record of an individual’s intent to make an anatomical gift is not a record of gift under s. 157.06 (2) (t), Stats., and does not by itself authorize an anatomical gift. DHS 137.04 HistoryHistory: EmR1009: emerg. cr. eff. 3-29-10; CR 10-037: cr. Register October 2010 No. 658, eff. 11-1-10; EmR2312: emerg. am. (1) (a), (b), (2) (b), eff. 8-21-23; CR 23-036: am. (1) (a), (b), (2) (b) Register April 2024 No. 820, eff. 5-1-24. DHS 137.05DHS 137.05 Amending an anatomical gift recorded in the Wisconsin Donor Registry. An individual who makes an anatomical gift by registering in the registry may amend his or her gift as provided in s. 157.06 (6) (a), Stats., in order to direct the gift for the use of a particular person, limit the gift, or otherwise specify a particular legal use of his or her gift, by executing another record of gift under s. 157.06 (5), Stats., such as a donor card, a statement in a power of attorney for health care document, advanced directive or will, or a statement on a driver’s license or identification card, that identifies particular uses of the gift, consistent with s. 157.06 (11), Stats. DHS 137.05 HistoryHistory: EmR1009: emerg. cr. eff. 3-29-10; CR 10-037: cr. Register October 2010 No. 658, eff. 11-1-10. DHS 137.06DHS 137.06 Revocation of an anatomical gift recorded in the Wisconsin Donor Registry. DHS 137.06(1)(1) In addition to using any of the means provided in s. 157.06 (6) (b), Stats., for revoking an anatomical gift, an individual who has made an anatomical gift by registering in the registry may revoke that gift as follows: DHS 137.06(1)(a)(a) The individual may ask that his or her name be removed from the registry by submitting the request through the Wisconsin donor registry website or by submitting the request to the department of transportation. DHS 137.06(1)(b)(b) The individual may decline to authorize inclusion of his or her name in the registry when applying for or renewing his or her driver’s license or identification card. DHS 137.06(2)(2) The revocation under sub. (1) (a) or (b) is effective when the department of transportation removes the statement or symbol in its database that indicated the individual had authorized his or her inclusion in the registry. DHS 137.06 HistoryHistory: EmR1009: emerg. cr. eff. 3-29-10; CR 10-037: cr. Register October 2010 No. 658, eff. 11-1-10; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register October 2010 No. 658. DHS 137.07DHS 137.07 Authorization to access registry data. DHS 137.07(1)(1) Access to registry data requires authorization by the department. DHS 137.07(2)(2) The department may authorize employees of procurement organizations that regularly serve Wisconsin citizens and are in compliance with federal and state law to access the registry solely for the purpose of determining whether an individual at or near death is included in the registry as having a record of gift or record of intent. As a condition for access to the registry, an employee of a procurement organization shall submit to a criminal background check through the Wisconsin department of justice. DHS 137.07(3)(3) To obtain access to the registry for its employees, a procurement organization shall demonstrate to the department’s satisfaction, in a manner prescribed by the department, that it has instituted effective procedures for assuring that access to the registry is not given to employees who are disqualified from accessing department of transportation records on the basis of a criminal background check, training its employees in the proper use of the registry, assuring that the registry is used only for appropriate purposes, and maintaining confidentiality of registry data. This may include submitting a signed use agreement prescribed by the department for the organization and each individual user. DHS 137.07 NoteNote: Forms for requesting authorization to use the registry may be obtained from the Organ & Tissue Donation Program and completed forms may be faxed to the program at 608-266-8925 or mailed to Organ & Tissue Donation Program, P.O. Box 2659, Madison, WI 53701-2659.
DHS 137.07(4)(4) A procurement organization shall remove registry access from users who are no longer employed by the organization or whose duties no longer include determining whether a person is included in the registry. In addition, a procurement organization shall remove registry access from employees at the request of the department. DHS 137.07(5)(5) A procurement organization or authorized individual user of the registry shall report any suspected misuse of the registry to the department immediately. DHS 137.07(6)(6) The department may authorize department employees or agents access to the registry for the purposes of monitoring the use of the registry and obtaining and analyzing aggregate donor data. DHS 137.07(7)(7) The department may terminate an organization’s or individual’s access to the registry if the department reasonably suspects inappropriate access to or use of the registry. DHS 137.07 HistoryHistory: EmR1009: emerg. cr. eff. 3-29-10; CR 10-037: cr. Register October 2010 No. 658, eff. 11-1-10. DHS 137.08DHS 137.08 Use of the registry by procurement organizations. DHS 137.08(1)(1) An authorized user may query the registry solely for the purpose of determining whether an individual who is near death or is recently deceased has a record of gift or record of intent recorded in the registry. DHS 137.08(2)(2) Upon determining that a person is included in the registry, a procurement organization may print a registry certificate that shows the person’s name, date of birth, and whether the person has a record of gift or record of intent. The certificate may be placed in the donor’s file or shared with the donor’s family. DHS 137.08(3)(3) A procurement organization shall make a reasonable inquiry whether an individual who has a record of gift or record of intent has executed any other record of gift or intent that limits or extends the uses of the anatomical gift made by means of the registry, or has subsequently refused to make an anatomical gift, as provided under s. 157.06 (7), Stats., or revoked the anatomical gift as provided under s. 157.06 (6), Stats. DHS 137.08 HistoryHistory: EmR1009: emerg. cr. eff. 3-29-10; CR 10-037: cr. Register October 2010 No. 658, eff. 11-1-10. DHS 137.30(1)(1) This subchapter is established under the authority of s. 157.06 (26m), Stats., to create a form for use by physicians when removing an organ from a decedent under s. 157.06 (23m), Stats., and to create a form for use by physicians, technicians, and tissue bank employees when removing tissue, other than cardiovascular tissue, from a decedent under s. 157.06 (23m), Stats. DHS 137.30(2)(2) Pursuant to s. 157.06 (23m) (e) 3., Stats., a physician, technician, or tissue bank employee shall complete the applicable form prescribed under this subchapter and transmit the completed form to the coroner or medical examiner with jurisdiction over the decedent. DHS 137.30 HistoryHistory: CR 06-076: cr. Register November 2006 No. 611, eff. 12-1-06; corrections made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637; EmR1009: emerg. renum. from DHS 137.01 and am., eff. 3-29-10; CR 10-037: renum. from DHS 137.01 and am. Register October 2010 No. 658, eff. 11-1-10. DHS 137.31DHS 137.31 Applicability. This subchapter applies to physicians, technicians, and tissue bank employees, coroners and medical examiners. DHS 137.31 HistoryHistory: CR 06-076: cr. Register November 2006 No. 611, eff. 12-1-06; EmR1009: emerg. renum. from DHS 137.02 and am., eff. 3-29-10; CR 10-037: renum. from DHS 137.02 and am. Register October 2010 No. 658, eff. 11-1-10. DHS 137.32DHS 137.32 Form for use when removing organs from a decedent. DHS 137.32 HistoryHistory: CR 06-076: cr. Register November 2006 No. 611, eff. 12-1-06; EmR1009: emerg. renum. from DHS 137.03, eff. 3-29-10; CR 10-037: renum. from DHS 137.03 Register October 2010 No. 658, eff. 11-1-10. DHS 137.33DHS 137.33 Form for use when removing tissues from a decedent.
