Chapter DHS 137

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 History History: 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 137.07 DHS 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 Note Note: 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 History History: EmR1009: emerg. cr. eff. 3-29-10; CR 10-037: cr. Register October 2010 No. 658, eff. 11-1-10.

DHS 137.08 DHS 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 History History: EmR1009: emerg. cr. eff. 3-29-10; CR 10-037: cr. Register October 2010 No. 658, eff. 11-1-10.

subch. II of ch. DHS 137 Subchapter II — Forms For Use When Removing Organs and Tissues From a Decedent

DHS 137.30 DHS 137.30 Authority and purpose.

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 History History: 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 137.31 DHS 137.31 Applicability. This subchapter applies to physicians, technicians, and tissue bank employees, coroners and medical examiners.

DHS 137.31 History History: 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 137.32 DHS 137.32 Form for use when removing organs from a decedent.

DHS 137.32 Note Note: Form DPH 43023 can be obtained from the Department’s website at http://dhs.wisconsin.gov/forms/F4/F43023.pdf.

DHS 137.32 History History: 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 137.33 DHS 137.33 Form for use when removing tissues from a decedent.

DHS 137.33 Note Note: Form DPH 43024 can be obtained from the Department’s website at http://dhs.wisconsin.gov/forms/F4/F43024.pdf.

DHS 137.33 History History: CR 06-076: cr. Register November 2006 No. 611, eff. 12-1-06; EmR1009: emerg. renum. from DHS 137.04, eff. 3-29-10; CR 10-037: renum. from DHS 137.04 Register October 2010 No. 658, eff. 11-1-10.