AB659, s. 16 6Section 16. 252.01 (8) of the statutes is amended to read:
AB659,9,107 252.01 (8) "Validated HIV test result" means a result of a an HIV test for the
8presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV
that
9meets the validation requirements determined to be necessary by the state
10epidemiologist.
AB659, s. 17 11Section 17. 252.11 (5m) of the statutes is amended to read:
AB659,9,1712 252.11 (5m) A health care professional, as defined in s. 968.38 (1) (a), acting
13under an order of a court under s. 938.296 (4) or (5) or 968.38 (4) or (5) may, without
14first obtaining informed consent to the testing, subject an individual to a test or a
15series of tests to ascertain whether that individual is infected with a sexually
16transmitted disease. No sample used for performance of a test under this subsection
17may disclose the name of the test subject.
AB659, s. 18 18Section 18. 252.11 (7) of the statutes is amended to read:
AB659,9,2519 252.11 (7) Reports, examinations and inspections and all records concerning
20sexually transmitted diseases are confidential and not open to public inspection, and
21may not be divulged except as may be necessary for the preservation of the public
22health, in the course of commitment proceedings under sub. (5), or as provided under
23s. 938.296 (4) or (5) or 968.38 (4) or (5). If a physician or advanced practice nurse
24prescriber has reported a case of sexually transmitted disease to the department
25under sub. (4), information regarding the presence of the disease and treatment is

1not privileged when the patient, physician, or advanced practice nurse prescriber is
2called upon to testify to the facts before any court of record.
AB659, s. 19 3Section 19. 252.12 (1) (b) of the statutes is created to read:
AB659,10,84 252.12 (1) (b) "AIDS service organizations" means nonprofit corporations or
5public agencies that provide, or arrange for the provision of, comprehensive services
6to prevent HIV infection and comprehensive health and social services for persons
7who have HIV infection, and that are designated as such by the department under
8sub. (4).
AB659, s. 20 9Section 20. 252.12 (2) (a) 3. d. of the statutes is amended to read:
AB659,10,1110 252.12 (2) (a) 3. d. Locations for procuring additional information or obtaining
11HIV testing services.
AB659, s. 21 12Section 21. 252.12 (2) (a) 5. of the statutes is amended to read:
AB659,10,1913 252.12 (2) (a) 5. The department shall perform HIV tests for the presence of
14HIV
and, if appropriate, tests for the presence of related infections and shall conduct
15behavioral surveys among population groups determined by the department to be
16highly at risk of becoming infected with or transmitting HIV and related infections.
17Information obtained shall be used to develop targeted HIV infection and related
18infection prevention efforts for these groups and to evaluate the state's prevention
19strategies.
AB659, s. 22 20Section 22. 252.12 (2) (a) 7. of the statutes is amended to read:
AB659,10,2521 252.12 (2) (a) 7. The department shall distribute funding in each fiscal year to
22contract with organizations to provide, at alternate testing sites, anonymous or
23confidential counseling services for HIV and, laboratory HIV testing services for the
24presence of HIV
, and, if appropriate, laboratory testing services for the presence of
25related viruses.
AB659, s. 23
1Section 23. 252.12 (4) of the statutes is created to read:
AB659,11,42 252.12 (4) Designation of AIDS service organizations. The department shall
3designate AIDS service organizations and specify the geographical area of the state
4in which they are designated to provide services.
AB659, s. 24 5Section 24. 252.13 (title) of the statutes is amended to read:
AB659,11,6 6252.13 (title) Blood HIV tests for HIV.
AB659, s. 25 7Section 25. 252.13 (1m) of the statutes is amended to read:
AB659,11,218 252.13 (1m) Except as provided under sub. (3), any blood bank, blood center
9or plasma center in this state that purchases or receives whole blood, blood plasma,
10a blood product or a blood derivative shall, prior to its distribution or use and in
11accordance
with informed consent under the requirements of conditions under s.
12252.15 (2) (b) (2m) (a), subject that blood, plasma, product or derivative to a an HIV
13test or series of tests that the state epidemiologist finds medically significant and
14sufficiently reliable under sub. (1r) (a) to detect the presence of HIV, antigen or
15nonantigenic products of HIV or an antibody to HIV
. This subsection does not apply
16to a blood bank that purchases or receives whole blood, blood plasma, a blood product
17or a blood derivative from a blood bank, blood center or plasma center in this state
18if the whole blood, blood plasma, blood product or blood derivative has previously
19been subjected to a an HIV test or series of tests that the state epidemiologist finds
20medically significant and sufficiently reliable under sub. (1r) (a) to detect the
21presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV
.
AB659, s. 26 22Section 26. 252.13 (1r) (intro.) of the statutes is amended to read:
AB659,12,223 252.13 (1r) (intro.) For the purposes of this section, the state epidemiologist
24shall make separate findings of medical significance and sufficient reliability for a
25an HIV test or a series of HIV tests to detect the presence of HIV, antigen or

1nonantigenic products of HIV or an antibody to HIV
for each of the following
2purposes:
AB659, s. 27 3Section 27. 252.13 (3) of the statutes is amended to read:
AB659,12,74 252.13 (3) If a medical emergency, including a threat to the preservation of life
5of a potential donee, exists under which whole blood, blood plasma, a blood product,
6or a blood derivative that has been subjected to HIV testing under sub. (1m) is
7unavailable, the requirement of sub. (1m) shall not apply.
AB659, s. 28 8Section 28. 252.13 (4) of the statutes is amended to read:
AB659,12,119 252.13 (4) Subsections (1m) and (2) do not apply to the extent that federal law
10or regulations require that a blood bank, blood center, or plasma center administer
11an HIV
test to whole blood, blood plasma, a blood product, or a blood derivative.
AB659, s. 29 12Section 29. 252.13 (5) of the statutes is amended to read:
AB659,12,2113 252.13 (5) Whole blood, blood plasma, a blood product , or a blood derivative
14described under sub. (2) that is voluntarily donated solely for the purpose of an
15autologous transfusion may be distributed to or used by the person who has donated
16the whole blood, blood plasma, blood product, or blood derivative. No person other
17than the person who has donated the whole blood, blood plasma, blood product, or
18blood derivative may receive or use the whole blood, blood plasma, blood product, or
19blood derivative unless it has been subjected to a an HIV test under sub. (1m) and
20performance of the test has yielded a negative, validated HIV test result for the
21presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV
.
AB659, s. 30 22Section 30. 252.133 (title) of the statutes is created to read:
AB659,12,23 23252.133 (title) HIV testing for anatomical gifts.
AB659, s. 31 24Section 31. 252.14 (2) (intro.) of the statutes is amended to read:
AB659,13,9
1252.14 (2) (intro.) No health care provider, peace officer, fire fighter,
2correctional officer, state patrol officer, jailer or keeper of a jail or person designated
3with custodial authority by the jailer or keeper, home health agency, inpatient health
4care facility, or person who has access to a validated HIV test result may do any of
5the following with respect to an individual who has acquired immunodeficiency
6syndrome or has a positive, validated HIV test for the presence of HIV, antigen or
7nonantigenic products of HIV or an antibody to HIV
result, solely because the
8individual has HIV infection or an illness or medical condition that is caused by,
9arises from, or is related to HIV infection:
AB659, s. 32 10Section 32. 252.14 (2m) of the statutes is created to read:
AB659,13,1311 252.14 (2m) If a person declines to be subjected to an HIV test, a health care
12provider may not use the fact that the person declined an HIV test as a basis for
13denying services or treatment, other than an HIV test, to the person.
AB659, s. 33 14Section 33. 252.14 (3) of the statutes is amended to read:
AB659,13,2215 252.14 (3) A health care provider, home health agency, or inpatient health care
16facility that tests an individual for HIV infection shall provide counseling about HIV
17and referral for appropriate health care and support services as necessary.
A health
18care provider, home health agency, or inpatient health care facility that treats an
19individual who has an HIV infection or acquired immunodeficiency syndrome shall
20develop and follow procedures that shall ensure continuity of care for the individual
21in the event that his or her condition exceeds the scope of licensure or certification
22of the provider, agency, or facility.
AB659, s. 34 23Section 34. 252.14 (4) of the statutes is amended to read:
AB659,14,324 252.14 (4) Any person violating sub. (2) is liable to the patient for actual
25damages and costs, plus exemplary damages of up to $5,000 $10,000 for an

1intentional violation. In determining the amount of exemplary damages, a court
2shall consider the ability of a health care provider who is an individual to pay
3exemplary damages.
AB659, s. 35 4Section 35. 252.15 (title) of the statutes is amended to read:
AB659,14,5 5252.15 (title) Restrictions on use of a an HIV test for HIV.
AB659, s. 36 6Section 36. 252.15 (1) (ab) of the statutes is repealed.
AB659, s. 37 7Section 37. 252.15 (1) (ac) of the statutes is created to read:
AB659,14,88 252.15 (1) (ac) "Authorized representative" means any of the following:
AB659,14,109 1. A health care agent, as defined under s. 155.01 (4), acting in accordance with
10a power of attorney for health care that is in effect under s. 155.05 (2).
AB659,14,1211 2. A person named by the court under ch. 48 or 54 or ch. 880, 2003 stats., having
12the duty and authority of guardianship.
AB659,14,1313 3. A parent or legal custodian of a person who is under 14 years of age.
AB659,14,1614 4. For a person who is unable to communicate due to a medical condition, the
15person's closet living relative or another individual with whom the person has a
16meaningful social and emotional relationship.
AB659, s. 38 17Section 38. 252.15 (1) (am) of the statutes is amended to read:
AB659,14,2018 252.15 (1) (am) "Health care professional" means a physician or physician
19assistant
who is licensed under ch. 448 or a registered nurse or licensed practical
20nurse who is licensed under ch. 441.
AB659, s. 39 21Section 39. 252.15 (1) (d) of the statutes is repealed.
AB659, s. 40 22Section 40. 252.15 (1) (e) of the statutes is repealed.
AB659, s. 41 23Section 41. 252.15 (1) (em) (intro.) of the statutes is amended to read:
AB659,15,3
1252.15 (1) (em) (intro.) "Significantly exposed" "Significant exposure" means
2sustained a contact which that carries a potential for a transmission of HIV, by one
3or more of the following:
AB659, s. 42 4Section 42. 252.15 (1) (fm) of the statutes is amended to read:
AB659,15,95 252.15 (1) (fm) "Universal Standard precautions" means measures that a
6health care provider, an employee of a health care provider or other individual takes
7in accordance with recommendations of the federal centers for disease control for the
8health care provider, employee or other individual for prevention of HIV
9transmission in health-care settings.
AB659, s. 43 10Section 43. 252.15 (2) (title) of the statutes is repealed.
AB659, s. 44 11Section 44. 252.15 (2) (a) (intro.) of the statutes is repealed.
AB659, s. 45 12Section 45. 252.15 (2) (a) 1. of the statutes is renumbered 252.133 (1) and
13amended to read:
AB659,16,214 252.133 (1) Except as provided in subd. 1g. sub. (2), a health care provider, as
15defined in s. 252.15 (1) (ar),
who procures, processes, distributes , or uses a human
16body part or human tissue that is the subject of an anatomical gift under s. 157.06
17shall, without obtaining consent to the testing, have an HIV test for the presence of
18HIV, antigen or nonantigenic products of HIV or an antibody to HIV
performed on
19the donor of the body part or tissue
in order to assure medical acceptability of the gift
20for the purpose intended. The health care provider shall use as a an HIV test for the
21presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV a test
22or series of tests that the state epidemiologist finds medically significant and
23sufficiently reliable to detect the presence of HIV, antigen or nonantigenic products
24of HIV or an antibody to HIV
that yields a validated HIV test result. If the validated
25HIV test result of the donor from the test or series of tests performed is positive, the

1human body part or human tissue donated for use or proposed for donation may not
2be used.
AB659, s. 46 3Section 46. 252.15 (2) (a) 1g. of the statutes is renumbered 252.133 (2) and
4amended to read:
AB659,16,105 252.133 (2) If a medical emergency, as determined by the attending physician
6of a potential donee of a human body part or human tissue and including a threat to
7the preservation of life of the potential donee
, a medical emergency exists under
8which a human body part or human tissue that has been subjected to testing under
9subd. 1. sub. (1) is unavailable, including a threat to the preservation of the the life
10of the potential donee,
the requirement of subd. 1. sub. (1) does not apply.
AB659, s. 47 11Section 47. 252.15 (2) (a) 2. of the statutes is renumbered 252.15 (2m) (b) 1.
12and amended to read:
AB659,16,1913 252.15 (2m) (b) 1. The HIV testing of any body fluid or tissue that is performed
14by the
department, a laboratory certified under 42 USC 263a, or a health care
15provider, blood bank, blood center, or plasma center may, for the purpose of research
16and without first obtaining written consent to the testing, subject any body fluids or
17tissues to a test for the presence of HIV, antigen or nonantigenic products of HIV or
18an antibody to HIV
, if the testing is performed in a manner by which the identity of
19the test subject is not known and may not be retrieved by the researcher.
AB659, s. 48 20Section 48. 252.15 (2) (a) 3. of the statutes is renumbered 252.15 (2m) (b) 2.
21and amended to read:
AB659,17,622 252.15 (2m) (b) 2. The medical director HIV testing of a resident or patient of
23a center for the developmentally disabled, as defined in s. 51.01 (3), or a mental
24health institute, as defined in s. 51.01 (12), may, without obtaining consent to the
25testing, subject a resident or patient of the center or institute to a test for the presence

1of HIV, antigen or nonantigenic products of HIV or an antibody to HIV if he or she

2if the medical director of the center or institute determines that the conduct of the
3resident or patient poses a significant risk of transmitting HIV to another resident
4or patient of the center or institute and if the medical director provides the resident
5or patient, or the resident's or patient's guardian, an explanation of the HIV test
6result
.
AB659, s. 49 7Section 49. 252.15 (2) (a) 4. of the statutes is repealed.
AB659, s. 50 8Section 50. 252.15 (2) (a) 6. of the statutes is renumbered 252.15 (2m) (b) 3.
9and amended to read:
AB659,17,1710 252.15 (2m) (b) 3. A HIV testing by a health care professional acting under
11an order of the court under subd. 7. sub. (5j) or s. 938.296 (4) or (5) or 968.38 (4) or
12(5) may, without first obtaining consent to the testing, subject an individual to a test
13or a series of tests to detect the presence of HIV, antigen or nonantigenic products of
14HIV or an antibody to HIV
. No sample used for laboratory test purposes under this
15subdivision may disclose the name of the HIV test subject, and, notwithstanding sub.
16(4) (c),
the HIV test results may not be made part of the individual's permanent
17medical record.
AB659, s. 51 18Section 51. 252.15 (2) (a) 7. a. of the statutes is renumbered 252.15 (5g) (a) 1.
19and amended to read:
AB659,18,220 252.15 (5g) (a) 1. If all of the conditions under subd. 7. ai. to c. are met, an The
21person is an
emergency medical technician; first responder; fire fighter; peace officer;
22correctional officer; person who is employed at a juvenile correctional facility, as
23defined in s. 938.02 (10p), or a secured residential care center for children and youth,
24as defined in s. 938.02 (15g); state patrol officer; jailer, keeper of a jail, or person

1designated with custodial authority by the jailer or keeper , and the contact occurred
2during the course of the person providing care or services to an the individual;.
AB659,18,6 32. The person is a peace officer, correctional officer, state patrol officer, jailer,
4or keeper of a jail, or person designated with custodial authority by the jailer or
5keeper, and the contact occurred while the person was searching or arresting an the
6individual or while controlling or transferring an the individual in custody;.
AB659,18,10 73. The person is a health care provider or an employee of a health care provider,
8and the contact occurred during the course of the person providing care or treatment
9to an the individual or handling or processing specimens of body fluids or tissues of
10an the individual;.
AB659,18,13 114. The person is a staff member of a state crime laboratory, and the contact
12occurred
during the course of the person handling or processing specimens of body
13fluids or tissues of an the individual ;.
AB659,18,21 145. The person is a social worker; or an employee of a school district, cooperative
15educational service agency, charter school, private school, the Wisconsin
16Educational Services Program for the Deaf and Hard of Hearing, or the Wisconsin
17Center for the Blind and Visually Impaired, and the contact occurred while the
18person was
performing employment duties involving an the individual; who is
19significantly exposed to the individual may subject the individual's blood to a test or
20a series of tests for the presence of HIV, antigen or nonantigenic products of HIV or
21an antibody to HIV and may receive disclosure of the results
.
AB659, s. 52 22Section 52. 252.15 (2) (a) 7. ai. of the statutes is renumbered 252.15 (5g) (b)
23and amended to read:
AB659,19,624 252.15 (5g) (b) The affected person uses universal If the contact occurs as
25provided under par. (a) 1. to 5., the entity that employs or contracts with the person

1to provide the services described under par. (a) 1. to 5. requires, as a general policy,
2that standard
precautions, if any, against significant exposure, and was using
3universal precautions at the time that he or she was significantly exposed
be taken
4during provision of the services
, except in those emergency circumstances in which
5the time necessary for use of the universal standard precautions would endanger the
6life of the individual.
AB659, s. 53 7Section 53. 252.15 (2) (a) 7. ak. of the statutes is renumbered 252.15 (5g) (c)
8and amended to read:
AB659,19,259 252.15 (5g) (c) A physician, physician assistant, or advanced practice nurse
10prescriber, based on information provided to the physician, physician assistant, or
11advanced practice nurse prescriber, determines and certifies in writing that the
12affected person has been significantly exposed had contact that constitutes a
13significant exposure
. The certification shall accompany the request for HIV testing
14and disclosure. If the affected person who is significantly exposed is a physician,
15physician assistant,
or advanced practice nurse prescriber, he or she may not make
16this determination or certification. The information that is provided to a physician,
17physician assistant,
or advanced practice nurse prescriber to document the
18occurrence of the contact that constitutes a significant exposure and the physician's,
19physician assistant's,
or advanced practice nurse prescriber's certification that an
20affected
the person has been significantly exposed, under this subd. 7. ak. had
21contact that constitutes a significant exposure
, shall be provided on a report form
22that is developed by the department of commerce under s. 101.02 (19) (a) or on a
23report form that the department of commerce determines, under s. 101.02 (19) (b),
24is substantially equivalent to the report form that is developed under s. 101.02 (19)
25(a).
AB659, s. 54
1Section 54. 252.15 (2) (a) 7. am. of the statutes is renumbered 252.15 (5g) (d)
2and amended to read:
AB659,20,73 252.15 (5g) (d) The affected person submits to a an HIV test for the presence
4of HIV, antigen or nonantigenic products of HIV or an antibody to HIV,
as soon as
5feasible or within a time period established by the department after consulting
6guidelines of the centers for disease control of the federal public health service,
7whichever is earlier.
AB659, s. 55 8Section 55. 252.15 (2) (a) 7. ap. of the statutes is renumbered 252.15 (5g) (e)
9and amended to read:
AB659,20,1310 252.15 (5g) (e) Except as provided in subd. 7. av. to c. sub. (5j), the HIV test is
11performed on blood of the individual that is drawn for a purpose other than HIV
12testing for the presence of HIV, antigen or nonantigenic products of HIV or an
13antibody to HIV
.
AB659, s. 56 14Section 56. 252.15 (2) (a) 7. ar. of the statutes is renumbered 252.15 (5g) (f)
15and amended to read:
AB659,20,1816 252.15 (5g) (f) The individual, if capable of consenting, has been given an
17opportunity to be tested with his or her consent subjected to an HIV test in
18accordance with the conditions under sub. (2m) (a)
and has not consented declined.
AB659, s. 57 19Section 57. 252.15 (2) (a) 7. at. of the statutes is renumbered 252.15 (5g) (g)
20(intro.) and amended to read:
AB659,20,2221 252.15 (5g) (g) (intro.) The individual has been informed that of all of the
22following:
AB659,20,24 231. That an HIV test may be performed on his or her blood may be tested for the
24presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV; that
.
AB659,21,4
12. That the HIV test results may be disclosed to no one, including that
2individual, without his or her consent, except to
the person who is certified to have
3been significantly exposed; that,
and the person's physician, physician assistant, or
4nurse.
AB659,21,7 54. That, if the person knows the identity of the individual, he or she the person
6may not disclose the identity to any other person except for the purpose of having the
7HIV test or series of tests performed ; and that.
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