HUMAN CORPSES AND STILLBIRTHS
DHS 135.01 Purpose and authority. DHS 135.03 Responsibility for notification of death. DHS 135.04 Removal from a hospital or nursing home. DHS 135.05 Preparation and funeral. DHS 135.06 Transportation and burial or other disposition. DHS 135.08 Pronouncement of death outside of a hospital or nursing home. DHS 135.09 Jurisdiction and duties of coroner or medical examiner. Ch. DHS 135 NoteNote: Chapter HSS 135 as it existed on January 31, 1993, was repealed and a new chapter HSS 135 was created effective February 1, 1993. Chapter HSS 135 was renumbered chapter HFS 135 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register October 1999, No. 526. Chapter HFS 135 was renumbered chapter DHS 135 under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637. DHS 135.01DHS 135.01 Purpose and authority. This chapter and ch. DHS 136 regulate the preparation, transportation and disposition of human corpses and stillbirths for purposes of protecting the health of the public and properly registering deaths. The chapter is promulgated under the authority of ss. 69.02 (2), 250.04 (7) and 157.01, Stats., to interpret and contribute to the implementation of ss. 69.01 to 69.12, 69.18, 250.04 (1), 157.01 and 979.10, Stats. Nothing in this chapter shall prevent a member of the immediate family from preparing the corpse of a family member for burial, except as provided in s. DHS 135.05 (1) (b), or from conducting the funeral of a deceased family member. DHS 135.01 HistoryHistory: Cr. Register, January, 1993, No. 445, eff. 2-1-93; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1995, No. 476; correction made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637. DHS 135.02DHS 135.02 Definitions. In this chapter: DHS 135.02(1)(1) “Common carrier” has the meaning prescribed for “common motor carrier” in s. 194.01 (1), Stats., and in addition includes a vehicle using rails, air or water to transport persons or property. DHS 135.02(2)(2) “Cremation permit” has the meaning prescribed for a release to cremate in sub. (18). DHS 135.02(3)(3) “Death certificate” means the form prescribed and supplied by the department which contains such items of information as the department judges necessary to identify the decedent and to certify the cause or causes of death. DHS 135.02(4)(4) “Department” means the Wisconsin department of health services. DHS 135.02(5)(5) “Disinterment permit” means the form prescribed by the coroner or medical examiner to authorize removal of a human corpse from a grave or tomb and which contains items of information that are necessary to identify the deceased, the date and place of death, the current place of interment, the intended place of interment, the name of the person requesting the disinterment and the name of the person in charge of the disinterment. DHS 135.02(6)(6) “Disposition” means, in reference to a human corpse or stillbirth, burial, entombment in a mausoleum or separate vault, temporary storage, cremation or donation for scientific research or teaching use. DHS 135.02(8)(8) “Fetal death report” means the form prescribed and supplied by the department for reporting a stillbirth resulting from miscarriage, of gestational age 20 weeks or more or having a birthweight of 350 grams or more. DHS 135.02(9)(9) “Final disposition” means, in reference to a human corpse or stillbirth, burial, entombment in a mausoleum or separate vault, cremation, delivery to a university or school under s. 157.02 (3), Stats., or delivery to a medical or dental school anatomy department under s. 157.06, Stats. DHS 135.02 NoteNote: For cremation after burial, entombment or donation, a cremation permit must be obtained under s. DHS 135.06 (3) (a). DHS 135.02(10)(10) “Funeral director” means a person who is licensed under s. 445.04, Stats., to prepare human corpses for burial or other disposition, or to direct and supervise the burial or other disposition of human corpses. DHS 135.02(11)(11) “Gestational age” means, in reference to stillbirths, the age of a fetus expressed in weeks, dating from the first day of the mother’s last normal menses to the date of delivery. DHS 135.02(12)(12) “Immediate family” means, in order of decisionmaking priority, spouse, adult children, parents, adult brothers and sisters, grandparents, and adult grandchildren of the decedent. DHS 135.02(13)(13) “Interment” means, in reference to a human corpse, burial or entombment in a mausoleum or separate vault.