AB913,7,2 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.

AB913,7,5 2. The surgical patient or, if applicable, the parent, guardian, legal custodian, or person authorized by the patient under s. 146.81 (5) does not object to the recording.

AB913,7,16 (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.

AB913,7,22 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).

AB913,8,8 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.

AB913,8,17 (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.

AB913,8,22 (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.

AB913,8,25 (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).

AB913,9,4 (6) Exception for emergencies. (a) Notwithstanding sub. (2), a surgical facility is not required to provide the option of a 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:

AB913,9,5 1. Immediate surgery is necessary to avert death.

AB913,9,8 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.

AB913,9,12 (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.

AB913,9,18 (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.

AB913,9,25 (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.

AB913,10,3 (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:

AB913,10,5 1. Establishing criteria and procedures for providing notice and the option for video recording under sub. (2).

AB913,10,7 2. Implementing the requirements regarding preservation and destruction of recordings under sub. (9).

AB913,10,9 3. Establishing standards, procedures, and forms for advance requests for recording under sub. (12).

AB913,10,10 4. Implementing the forfeiture procedures under sub. (14).

AB913,10,13 (9) Preservation and destruction. After the recording of a surgical procedure under this section is complete, the surgical facility or its designee shall promptly do all of the following:

AB913,10,16 (a) Preserve the recording as part of the surgical patient's health care record, which may include both a copy in the patient's health care record and any electronic backup of health care records kept in the normal course of business.

AB913,10,19 (b) Except as provided under par. (a), delete copies of the recording from the recording device or any other electronic device, including any memory card or flash drive.

AB913,11,5 (10) Fees. A surgical facility may charge a surcharge of up to $25 for each recording made of a surgical procedure or discharge instructions to offset the costs of creating and providing a recording. The surgical facility shall provide, upon request by the surgical patient, a person authorized by the surgical patient under s. 146.81 (5), or a parent, guardian, or legal custodian of a minor surgical patient, one copy of each recording made under sub. (2) (a) 1. for which a request is made without additional charge. The surgical facility shall provide to the surgical patient, upon request by the surgical patient, one free copy of the discharge instructions for the surgical patient and up to one additional free copy of the discharge instructions for another person designated by the surgical patient. The surgical facility may charge fees as described under s. 146.83 (3f) (b) 3m. for additional copies of the recordings.

AB913,11,12 (11) Admissibility of recording. For purposes of admissibility in a civil or criminal action or proceeding, an audiovisual recording created under this section is a patient health care record under s. 146.81 and shall be treated as other patient health care records under ss. 908.03 (6m) and 909.02 (11). If certified by an appropriate record custodian, recordings under this section shall be admissible as evidence in any civil or criminal action or proceeding related to any alleged act or omission depicted in the recording.

AB913,11,15 (12) Advance requests for recording. (a) Definition. In this subsection, “principal" means an individual who executes an advance request for surgical procedure recording instrument.

AB913,11,21 (b) Advance requests for recording. 1. An individual who is of sound mind and has attained age 18 may voluntarily execute an advance request for surgical procedure recording instrument. An individual for whom an adjudication of incompetence and appointment of a guardian of the individual is in effect in this state is presumed not to be of sound mind for purposes of this subsection and for executing an advance request for surgical procedure recording instrument.

AB913,11,23 2. The desires of a principal who is not incapacitated supersede the effect of his or her advance request for surgical procedure recording instrument at all times.

AB913,13,2 3. The department shall prepare and provide copies of an advance request for surgical procedure recording instrument and accompanying information for distribution in quantities to health care professionals, hospitals and other surgical facilities, county clerks, and local bar associations and individually to private persons. The department shall determine the form of the request form and accompanying instructions. The department shall include on the form an option for requesting the recording of a specific single surgical procedure, an option for requesting the recording of discharge instructions after a surgical procedure, an option for requesting the recording of all future surgical procedures under this section, and an option for requesting the recording of discharge instructions after all future surgical procedures under this section. The department shall also include on the form a statement to the effect that a principal who exercises the option for recording agrees that, unless the surgical practitioner involved waives confidentiality, a recording created under this section is confidential and the principal or a person on behalf of the principal may disclose it only to health care providers providing care to the principal, 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, and if legal action is taken, the principal or an attorney on behalf of the principal may disclose the recording to additional individuals if necessary for the case, but it must be filed under seal if permitted by the court. The form shall also include a statement that the principal or a person on behalf of a principal may disclose the principal's discharge instructions to one or more persons designated by the principal to assist with postsurgical care, and a statement that a surgical facility or surgical practitioner may, if express authorization is granted by the principal in writing, use a copy of a recording for teaching or research purposes outside of the network of the surgical facility if the principal's personal identifying information is redacted or if the principal or other person authorized on behalf of the principal expressly consents, in writing, to the use and disclosure.

AB913,13,4 (c) Advance request for recording; execution. A valid advance request for surgical procedure recording shall be all of the following: