AB1011,5,6 (m) “Surgical practitioner" means a physician, surgeon, or osteopath under s. 990.01 (28), an individual licensed to practice dentistry under ch. 447, and any other individual who holds a valid license or other credential that allows him or her to perform a surgical procedure.

AB1011,5,11 (n) “Surgical procedure” means a surgical procedure for which a patient is under conscious sedation, deep sedation, regional anesthesia, or general anesthesia. “Surgical procedure” includes a colonoscopy or similarly invasive procedure if performed under conscious sedation, deep sedation, regional anesthesia, or general anesthesia.

AB1011,5,14 (o) “Surgical time out” means a final verification of details relating to a surgery, including at least confirmation of a surgical patient's identity, surgical site, and planned procedure.

AB1011,6,5 (2) Option for recording. (a) 1. A surgical facility shall provide a surgical patient the option to have the surgical facility or the surgical facility's designee make a video recording of the patient's surgical procedure. For purposes of any recording of a surgical procedure made under this subdivision, the surgical facility or its designee shall make a continuous color video recording, including both audio and video and display of the time and date. The surgical facility or its designee may not interrupt the video recording within the surgical suite once started. Separate interactions outside of the surgical suite, including preoperative communications and surgical time outs under subd. 2, if outside of the surgical suite, and discharge instructions under subd. 3, if applicable, may be separately recorded. All areas of the surgical suite, including entrances and exits, must be in view on the recording and audible. The surgical facility or its designee shall begin the recording within the surgical suite of a surgical procedure under this subdivision when preparation of the surgical suite for that surgical patient's surgical procedure starts and continue the recording through the period of the cleanup after that procedure and until all activity in the surgical suite related to the procedure recorded is complete.

AB1011,6,10 2. Any procedure recording made under this subsection shall include a recording, under the standards described in subd. 1., of any preoperative communication regarding the surgical procedure between the surgical practitioner and the surgical patient and any surgical time out, regardless of where the preoperative communication or surgical time out takes place.

AB1011,6,15 3. A surgical facility shall also provide a surgical patient the option to have his or her discharge instructions, as given by the patient's doctor or other health care provider, recorded. If a patient chooses to have his or her discharge instructions recorded, the recording may be audio only or videotaped, including audio, at the option of the surgical facility.

AB1011,6,18 (b) 1. A surgical facility shall notify a surgical patient of the option to have a recording made under par. (a) and of the procedures, the fees, the conditions, the surgical practitioner's request option, and the advance request option.

AB1011,6,22 2. If the surgical patient is a minor child, the surgical facility shall notify the minor child's parent, guardian, or legal custodian of the option to have a recording made under par. (a) and of the procedures, the fees, the conditions, the surgical practitioner's request option, and the advance request option.

AB1011,7,2 3. If a surgical patient is incapacitated, a surgical facility shall notify a person authorized by the patient under s. 146.81 (5), if available, or, if not, a relative of the patient of the option and information under subd. 1. and allow that person to make a decision regarding whether to have a recording made under par. (a).

AB1011,7,6 (c) A surgical practitioner who is scheduled to participate in a surgical patient's surgical procedure may request that the procedure be video recorded under the procedures described in this subsection. The surgical facility shall comply with the surgical practitioner's request if all of the following are true:

AB1011,7,12 1. The requesting surgical practitioner has informed the surgical patient or, if the patient is a minor, a parent, guardian, or legal custodian, of the surgical practitioner's request for video recording and the reason the surgical practitioner has requested that recording. If the patient is incapacitated, the requesting surgical practitioner shall inform a person authorized by the patient under s. 146.81 (5), if available, or, if not, a relative of the patient.

AB1011,7,14 2. The surgical patient or other person informed under subd. 1. does not object to the video recording.

AB1011,7,19 (d) A patient's doctor or other health care provider who will administer a patient's discharge instructions may request that the patient's discharge instructions, as given by the health care provider, be recorded under the procedures described in this subsection. The surgical facility shall comply with the health care provider's request if all of the following are true:

AB1011,7,23 1. The requesting health care provider has informed the patient or, if applicable, a parent, guardian, legal custodian, or person authorized by the patient, of the health care provider's request for recording and the reason the health care provider has requested that recording.

AB1011,8,3 2. The surgical patient or, if applicable, the parent, guardian, legal custodian, person authorized by the patient under s. 146.81 (5), or relative of the patient does not object to the recording.

AB1011,8,14 (e) 1. Except as otherwise provided under this subsection, no surgical patient or person on behalf of a surgical patient may disclose, unless the surgical practitioner or other health care provider that is a subject of the recording waives confidentiality, the content of a recording created under this section except to health care providers providing care to the surgical patient, to immediate family members or a person authorized by the patient under s. 146.81 (5), or to an attorney or an attorney's staff for the purpose of obtaining legal advice. If legal action is taken, the surgical patient or an attorney for the surgical patient may disclose the recording to additional individuals if necessary for the case, but the recording shall be filed under seal if permitted by the court. In all other respects, recordings under this section shall be treated as patient health care records.

AB1011,8,20 2. Notwithstanding the restrictions on disclosure under this paragraph, a surgical patient or a person on behalf of a surgical patient may disclose his or her discharge instructions to one or more persons designated by the surgical patient to assist the surgical patient with postsurgical care, and one person designated by the surgical patient may receive a free copy of the surgical patient's discharge instructions as set forth under sub. (10).

AB1011,9,6 3. Notwithstanding subds. 1. and 2. and sub. (10), a surgical facility or surgical practitioner may, if authorization is granted under sub. (3), use a copy of a recording made under this subsection for teaching or research purposes outside the network of the surgical facility and if the surgical patient's personal identifying information is redacted or if the surgical patient or other person authorized to request or consent to a recording under this subsection on behalf of the patient expressly consents, in writing, to the use and disclosure. Notwithstanding any other provision of this section, a surgical facility or surgical practitioner may, if not for teaching or research purposes outside of the network of the surgical facility, be permitted to use a recording made under this subsection without informed written confirmation under sub. (3) if the disclosure is otherwise permitted under s. 146.82 or 146.83.

AB1011,9,15 (3) Written confirmation. Before proceeding with a recording under sub. (2), a surgical facility shall obtain from the surgical patient or other person authorized to request or consent to a recording under sub. (2) on behalf of the patient, confirmation, in writing, authorizing the recording of the surgical patient's surgical procedure. If a surgical facility or surgical practitioner intends to use a recording as described under sub. (2) (e) 3., the surgical facility shall provide written notice of that proposed use to the surgical patient or other person authorized to request or consent to a recording under sub. (2) on behalf of the patient, and obtain written authorization of that use of the recording.

AB1011,9,20 (4) Equipment and technical assistance. A surgical facility shall have available appropriate recording equipment and technical assistance as determined by the department in rules promulgated under sub. (8) to comply with a surgical patient request for a recording of his or her surgical procedure or discharge instructions.

AB1011,9,23 (5) Minors. If a surgical patient is a minor child, a parent, guardian, or legal custodian may request that a recording be made of the minor child's surgical procedure or discharge instructions under sub. (2) (a).

AB1011,9,25 (6) Exception for emergencies. (a) Notwithstanding sub. (2), a surgical facility is not required to provide the option of a video recording or comply with a request for video recording under this section if the surgical practitioner determines in the exercise of his or her professional judgment that either of the following is true:

AB1011,10,3 1. Immediate surgery is necessary to avert death.

AB1011,10,6 2. Other circumstances exist such that video recording would cause a delay that would create a serious risk of substantial and irreversible impairment of one or more of the surgical patient's bodily functions.

AB1011,10,10 (b) The health care provider shall inform the surgical patient or, if applicable, other persons as described under sub. (2) (b) of the medical indications supporting the surgical practitioner's reasonable medical judgment that either of the emergency conditions under par. (a) exists.

AB1011,10,15 (c) If a surgical practitioner determines under par. (a) that an emergency exists such that the surgical facility is not required to comply with a request for video recording of a surgical procedure, the surgical facility shall provide the surgical patient or, if applicable, other person under sub. (2) (b), with the option to have the patient's discharge instructions recorded as provided under sub. (2) (a) 3.

AB1011,10,21 (7) Extensions for facility compliance. The department may in its discretion grant a surgical facility one or more 6-month extensions of the deadline for the facility to comply with the requirements of this section, but may not grant more than a total of 6 extensions. In order to qualify for an extension, a surgical facility shall provide the department with evidence of a compelling need, financial or otherwise, for additional time for compliance.

AB1011,11,3 (8) Rules. (a) The department shall promulgate rules establishing standards for video recording of surgical procedures, recording of discharge instructions, and the use of recording equipment in the surgery and discharge settings to ensure such recordings are professional and of sufficient quality to accurately portray what takes place when discharge instructions are given or during a surgical procedure, including who enters and leaves and a view of the patient without requiring close-up views of the patient or the surgical procedure itself.

AB1011,11,6 (b) In addition to the rules required under par. (a), the department may promulgate rules, as necessary, to implement and administer this section, including any of the following: