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252.13 History History: 1985 a. 73; 1987 a. 70; 1989 a. 201 ss. 9, 36; 1993 a. 27 ss. 325, 473; Stats. 1993 s. 252.13; 2009 a. 209.
252.133 252.133 HIV testing for anatomical gifts.
252.133(1)(1)Except as provided in sub. (2), a health care provider, as defined in s. 252.15 (1) (ar), who procures, processes, distributes, or uses a human body part or human tissue that is the subject of an anatomical gift under s. 157.06 shall have an HIV test performed on the donor of the body part or tissue in order to assure medical acceptability of the gift for the purpose intended. The health care provider shall use an HIV test that yields a validated HIV test result. If the validated HIV test result of the donor is positive, the human body part or human tissue donated for use or proposed for donation may not be used.
252.133(2) (2)If, as determined by the attending physician of a potential donee of a human body part or human tissue, a medical emergency exists under which a human body part or human tissue that has been subjected to testing under sub. (1) is unavailable, including a threat to the preservation of the life of the potential donee, the requirement of sub. (1) does not apply.
252.133 History History: 2009 a. 209 ss. 30, 45, 46; 2013 a. 166 s. 77.
252.14 252.14 Discrimination related to acquired immunodeficiency syndrome.
252.14(1)(1)In this section:
252.14(1)(ad) (ad) “Correctional officer" has the meaning given in s. 301.28 (1).
252.14(1)(am) (am) “Fire fighter" has the meaning given in s. 102.475 (8) (b).
252.14(1)(ar) (ar) “Health care provider" means any of the following:
252.14(1)(ar)1. 1. A nurse licensed under ch. 441.
252.14(1)(ar)2. 2. A chiropractor licensed under ch. 446.
252.14(1)(ar)3. 3. A dentist licensed under ch. 447.
252.14(1)(ar)4. 4. A physician licensed under subch. II of ch. 448.
252.14(1)(ar)4c. 4c. A perfusionist licensed under subch. II of ch. 448.
252.14(1)(ar)4e. 4e. A physical therapist or physical therapist assistant who is licensed under subch. III of ch. 448 or who holds a compact privilege under subch. XI of ch. 448.
252.14 Note NOTE: Subd. 4e. is shown as affected by 2021 Wis. Act 23. Eff. 5-1-23, subd. 4e. is affected by 2021 Wis. Acts 23 and 251 and merged by the legislative reference bureau under s. 13.92 (2) (i). The text of subd. 4e. is the same before and after the merger. The cross-reference to subch. XI of ch. 448 was changed from subch. X of ch. 448 by the legislative reference bureau under s. 13.92 (1) (bm) 2. to reflect the renumbering under s. 13.92 (1) (bm) 2. of subch. X of ch. 448.
252.14(1)(ar)4g. 4g. A podiatrist licensed under subch. IV of ch. 448.
252.14(1)(ar)4m. 4m. A dietitian certified under subch. V of ch. 448.
252.14(1)(ar)4n. 4n. An athletic trainer licensed under subch. VI of ch. 448.
252.14(1)(ar)4p. 4p. An occupational therapist or occupational therapy assistant who is licensed under subch. VII of ch. 448 or who holds a compact privilege under subch. XII of ch. 448.
252.14 Note NOTE: The cross-reference to subch. XII of ch. 448 was changed from subch. XI of ch. 448 by the legislative reference bureau under s. 13.92 (1) (bm) 2. to reflect the renumbering under s. 13.92 (1) (bm) 2. of subch. XI of ch. 448.
252.14(1)(ar)4r. 4r. A genetic counselor licensed under subch. VIII of ch. 448.
Effective date note NOTE: Subd. 4r. is created eff. 5-1-23 by 2021 Wis. Act 251.
252.14(1)(ar)4s. 4s. A naturopathic doctor licensed under ch. 466.
252.14(1)(ar)5. 5. An optometrist licensed under ch. 449.
252.14(1)(ar)6. 6. A psychologist who is licensed under ch. 455, who is exercising the temporary authorization to practice, as defined in s. 455.50 (2) (o), in this state, or who is practicing under the authority to practice interjurisdictional telepsychology, as defined in s. 455.50 (2) (b).
252.14(1)(ar)7. 7. A social worker, marriage and family therapist, or professional counselor certified or licensed under ch. 457.
252.14(1)(ar)8. 8. A speech-language pathologist or audiologist licensed under subch. II of ch. 459 or a speech and language pathologist licensed by the department of public instruction.
252.14(1)(ar)9. 9. An employee or agent of any provider specified under subds. 1. to 8.
252.14(1)(ar)10. 10. A partnership of any provider specified under subds. 1. to 8.
252.14(1)(ar)11. 11. A corporation of any provider specified under subds. 1. to 8. that provides health care services.
252.14(1)(ar)12. 12. A cooperative health care association organized under s. 185.981 that directly provides services through salaried employees in its own facility.
252.14(1)(ar)13. 13. An emergency medical services practitioner licensed under s. 256.15 (5).
252.14(1)(ar)14. 14. A physician assistant.
252.14(1)(ar)15. 15. An emergency medical responder.
252.14(1)(c) (c) “Home health agency" has the meaning specified in s. 50.49 (1) (a).
252.14(1)(d) (d) “Inpatient health care facility" means a hospital, nursing home, community-based residential facility, county home, county mental health complex or other place licensed or approved by the department under s. 49.70, 49.71, 49.72, 50.02, 50.03, 50.35, 51.08 or 51.09 or a facility under s. 45.50, 48.62, 51.05, 51.06, 233.40, 233.41, 233.42 or 252.10.
252.14(2) (2)No health care provider, peace officer, fire fighter, correctional officer, state patrol officer, jailer or keeper of a jail or person designated with custodial authority by the jailer or keeper, home health agency, inpatient health care facility, or person who has access to a validated HIV test result may do any of the following with respect to an individual who has acquired immunodeficiency syndrome or has a positive, validated HIV test result, solely because the individual has HIV infection or an illness or medical condition that is caused by, arises from, or is related to HIV infection:
252.14(2)(a) (a) Refuse to treat the individual, if his or her condition is within the scope of licensure or certification of the health care provider, home health agency or inpatient health care facility.
252.14(2)(am) (am) If a peace officer, fire fighter, correctional officer, state patrol officer, jailer or keeper of a jail or person designated with custodial authority by the jailer or keeper, refuse to provide services to the individual.
252.14(2)(b) (b) Provide care to the individual at a standard that is lower than that provided other individuals with like medical needs.
252.14(2)(bm) (bm) If a peace officer, fire fighter, correctional officer, state patrol officer, jailer or keeper of a jail or person designated with custodial authority by the jailer or keeper, provide services to the individual at a standard that is lower than that provided other individuals with like service needs.
252.14(2)(c) (c) Isolate the individual unless medically necessary.
252.14(2)(d) (d) Subject the individual to indignity, including humiliating, degrading or abusive treatment.
252.14(2m) (2m)If a person declines to be subjected to an HIV test, a health care provider may not use the fact that the person declined an HIV test as a basis for denying services or treatment, other than an HIV test, to the person.
252.14(3) (3)A health care provider, home health agency, or inpatient health care facility that treats an individual who has an HIV infection or acquired immunodeficiency syndrome shall develop and follow procedures that shall ensure continuity of care for the individual in the event that his or her condition exceeds the scope of licensure or certification of the provider, agency, or facility.
252.14(4) (4)Any person violating sub. (2) is liable to the patient for actual damages and costs, plus exemplary damages of up to $10,000 for an intentional violation. In determining the amount of exemplary damages, a court shall consider the ability of a health care provider who is an individual to pay exemplary damages.
252.14 History History: 1989 a. 201; 1991 a. 32, 39, 160, 189, 269, 315; 1993 a. 27 ss. 326 to 331; Stats. 1993 s. 252.14; 1993 a. 105, 190, 252, 443; 1993 a. 490 s. 143; 1993 a. 491, 495; 1995 a. 27 ss. 6322, 9145 (1); 1997 a. 27, 35, 67, 75, 175; 1999 a. 9, 32, 180; 2001 a. 70, 80, 89; 2005 a. 22; 2007 a. 130; 2009 a. 165, 209; 2011 a. 161; 2017 a. 12; 2019 a. 100; 2021 a. 23 s. 71; 2021 a. 123, 130, 131, 251; s. 13.92 (1) (bm) 2.; s. 13.92 (2) (i).
252.15 252.15 Restrictions on use of an HIV test.
252.15(1)(1)Definitions. In this section:
252.15(1)(ac) (ac) “Authorized representative" means any of the following:
252.15(1)(ac)1. 1. A health care agent, as defined under s. 155.01 (4), acting in accordance with a power of attorney for health care that is in effect under s. 155.05 (2).
252.15(1)(ac)2. 2. A person named by the court under ch. 48 or 54 or ch. 880, 2003 stats., having the duty and authority of guardianship.
252.15(1)(ac)3. 3. A parent or legal custodian of a person who is under 14 years of age.
252.15(1)(ac)4. 4. For a person who is unable to communicate due to a medical condition, the person's closest living relative or another individual with whom the person has a meaningful social and emotional relationship.
252.15(1)(ad) (ad) “Correctional officer" has the meaning given in s. 301.28 (1).
252.15(1)(af) (af) “Emergency medical services practitioner" has the meaning given in s. 256.01 (5).
252.15(1)(aj) (aj) “Fire fighter" has the meaning given in s. 102.475 (8) (b).
252.15(1)(am) (am) “Health care professional" means a physician or physician assistant who is licensed under ch. 448 or a registered nurse or licensed practical nurse who is licensed under ch. 441.
252.15(1)(ar) (ar) “Health care provider" means any of the following:
252.15(1)(ar)1. 1. A person or entity that is specified in s. 146.81 (1) (a) to (hm) and (i) to (p).
252.15(1)(ar)2. 2. A home health agency.
252.15(1)(ar)3. 3. An employee of the Mendota Mental Health Institute or the Winnebago Mental Health Institute.
252.15(1)(cm) (cm) “Home health agency" has the meaning given in s. 50.49 (1) (a).
252.15(1)(eg) (eg) “Relative" means a spouse, parent, grandparent, stepparent, brother, sister, first cousin, nephew or niece; or uncle or aunt within the 3rd degree of kinship as computed under s. 990.001 (16). This relationship may be by blood, marriage or adoption.
252.15(1)(em) (em) “Significant exposure" means contact that carries a potential for a transmission of HIV, by one or more of the following:
252.15(1)(em)1. 1. Transmission, into a body orifice or onto mucous membrane, of blood; semen; vaginal secretions; cerebrospinal, synovial, pleural, peritoneal, pericardial or amniotic fluid; or other body fluid that is visibly contaminated with blood.
252.15(1)(em)2. 2. Exchange, during the accidental or intentional infliction of a penetrating wound, including a needle puncture, of blood; semen; vaginal secretions; cerebrospinal, synovial, pleural, peritoneal, pericardial or amniotic fluid; or other body fluid that is visibly contaminated with blood.
252.15(1)(em)3. 3. Exchange, into an eye, an open wound, an oozing lesion, or where a significant breakdown in the epidermal barrier has occurred, of blood; semen; vaginal secretions; cerebrospinal, synovial, pleural, peritoneal, pericardial or amniotic fluid; or other body fluid that is visibly contaminated with blood.
252.15(1)(em)6. 6. Other routes of exposure, defined as significant in rules promulgated by the department. The department in promulgating the rules shall consider all potential routes of transmission of HIV identified by the centers for disease control of the federal public health service.
252.15(1)(er) (er) “Social worker" means an individual who is certified or licensed as a social worker, advanced practice social worker, independent social worker, or clinical social worker under ch. 457.
252.15(1)(fm) (fm) “Standard precautions" means measures that a health care provider, an employee of a health care provider or other individual takes in accordance with recommendations of the federal centers for disease control for the health care provider, employee or other individual for prevention of HIV transmission in health-care settings.
252.15(2m) (2m) Consent for HIV testing.
252.15(2m)(a) (a) Except as provided in par. (b), and subject to par. (c), a health care provider, blood bank, blood center, or plasma center may not subject a person to an HIV test unless all of the following conditions are satisfied:
252.15(2m)(a)1. 1. The health care provider, blood bank, blood center, or plasma center notifies the person or the person's authorized representative that the person will be subjected to an HIV test unless the person or the person's authorized representative declines the test.
252.15(2m)(a)2. 2. The health care provider, blood bank, blood center, or plasma center offers the person or the person's authorized representative a brief oral or written explanation or description of HIV infection; HIV test results; requirements under subs. (7) (b) and (7m) for reporting HIV test results; treatment options for a person who has a positive HIV test result; and services provided by AIDS service organizations, as defined in s. 252.12 (1) (b), and other community-based organizations for persons who have a positive HIV test result.
252.15(2m)(a)3. 3. If a health care provider offers to perform an HIV test, the health care provider notifies the person or the person's authorized representative that the person or the person's authorized representative may decline the HIV test and that, if the person or the person's authorized representative declines the HIV test, the health care provider may not use the fact that the person declined an HIV test as a basis for denying services or treatment, other than an HIV test, to the person.
252.15(2m)(a)4. 4. The health care provider, blood bank, blood center, or plasma center provides the person or the person's authorized representative an opportunity to ask questions and to decline the HIV test.
252.15(2m)(a)5. 5. After complying with applicable conditions under subds. 1. to 4., the health care provider, blood bank, blood center, or plasma center verifies that the person or the person's authorized representative understands that an HIV test will be performed on the person and that the decision of the person or the person's authorized representative regarding whether to have an HIV test performed is not coerced or involuntary.
252.15(2m)(b) (b) Paragraph (a) does not apply to any of the following:
252.15(2m)(b)1. 1. HIV testing of any body fluid or tissue that is performed by the department, a laboratory certified under 42 USC 263a, or a health care provider, blood bank, blood center, or plasma center for the purpose of research, if the testing is performed in a manner by which the identity of the test subject is not known and may not be retrieved by the researcher.
252.15(2m)(b)2. 2. HIV testing of a resident or patient of a center for the developmentally disabled, as defined in s. 51.01 (3), or a mental health institute, as defined in s. 51.01 (12), if the medical director of the center or institute determines that the conduct of the resident or patient poses a significant risk of transmitting HIV to another resident or patient of the center or institute and if the medical director provides the resident or patient, or the resident's or patient's guardian, an explanation of the HIV test result.
252.15(2m)(b)3. 3. HIV testing by a health care professional acting under an order of the court under sub. (5j) or s. 938.296 (4) or (5) or 968.38 (4) or (5). No sample used for laboratory test purposes under this subdivision may disclose the name of the HIV test subject, and the HIV test results may not be made part of the individual's permanent medical record.
252.15(2m)(b)4. 4. HIV testing in cases of significant exposure, as provided under sub. (5g) or (5j).
252.15(2m)(b)5. 5. HIV testing of a donor of a human body part or human tissue that is required under s. 252.133.
252.15(2m)(c) (c) If the subject of an HIV test is a minor who is 14 years of age or older, a health care provider, blood bank, blood center, or plasma center shall provide the notifications and offer the information under par. (a) 1. to 4. to the minor or his or her authorized representative, and only the minor or his or authorized representative may consent to or decline an HIV test under par. (a).
252.15(2r) (2r) Prohibition against conditioning HIV testing on disclosure. A health care provider may not require a person to authorize disclosure of HIV test results as a condition of administering an HIV test to the person.
252.15(3m) (3m) Confidentiality and disclosure of HIV test results.
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2019-20 Wisconsin Statutes updated through 2021 Wis. Act 267 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on June 29, 2022. Published and certified under s. 35.18. Changes effective after June 29, 2022, are designated by NOTES. (Published 6-29-22)