Wis. Stat. § 252.15 — WI Code / Chapter 252 / Section 252.15
Restrictions on use of an HIV test.
Status: in_force

(1) Definitions. In this section:

(ac) “Authorized representative” means any of the following:

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) .

2. A person named by the court under ch. 48 or 54 or ch. 880 , 2003 stats., having the duty and authority of guardianship.

3. A parent or legal custodian of a person who is under 14 years of age.

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.

(ad) “Correctional officer” has the meaning given in s. 301.28 (1) .

(af) “Emergency medical services practitioner” has the meaning given in s. 256.01 (5) .

(aj) “Fire fighter” has the meaning given in s. 102.475 (8) (b) .

(am) “Health care professional” means a physician, physician assistant, or nurse.

(ar) “Health care provider” means any of the following:

1. A person or entity that is specified in s. 146.81 (1) (a) to (hm) and (i) to (p) .

2. A home health agency.

3. An employee of the Mendota Mental Health Institute or the Winnebago Mental Health Institute.

(cm) “Home health agency” has the meaning given in s. 50.49 (1) (a) .

(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.

(em) “Significant exposure” means contact that carries a potential for a transmission of HIV, by one or more of the following:

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.

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.

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.

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.

(er) “Social worker” means an individual who is a social worker, advanced practice social worker, independent social worker, or clinical social worker, as those terms are defined in subch. I of ch. 457 .

(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.

(2m) Consent for HIV testing.

(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:

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.

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.

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.

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.

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.

(b) Paragraph (a) does not apply to any of the following:

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.

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.

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) , (5) , or (6) . 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.

4. HIV testing in cases of significant exposure, as provided under sub. (5g) or (5j) .

5. HIV testing of a donor of a human body part or human tissue that is required under s. 252.133 .

(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) .

(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.

(3m) Confidentiality and disclosure of HIV test results.

(a) The subject of an HIV test or the subject’s authorized representative may disclose the results of the subject’s test to anyone.

(b) Except as provided under par. (d) or (e) , a person who is neither the subject of the HIV test nor the subject’s authorized representative may not disclose the subject’s HIV test results unless the subject of the HIV test or his or her authorized representative has signed authorization for the disclosure that contains all of the following:

1. The name of the subject of the HIV test.

2. Specification of the information that may be disclosed.

3. The name of the person authorized to make the disclosure.

4. The name of the person to whom the disclosure is authorized.

5. The signature of the subject of the HIV test or the signature of the subject’s authorized representative.

6. The date the authorization is signed as provided under subd. 5.

7. The time period during which the authorization for disclosure is effective.

(c) If the subject of an HIV test is a minor who is 14 years of age or older, only the minor or his or her authorized representative may exercise the test subject’s authority to disclose HIV test results under par. (a) or to authorize disclosure of HIV test results under par. (b) .

(d) Except as provided under par. (f) , a person who is neither the subject of an HIV test nor the subject’s authorized representative may without written authorization from the test subject or authorized representative under par. (b) disclose the subject’s HIV test results to the following persons under the following circumstances:

1. To the subject of the HIV test and the subject’s authorized representative.

2. To a health care provider who provides care to the subject of the HIV test, including those instances in which a health care provider provides emergency care to the subject.

3. To an agent or employee of a health care provider under subd. 2. who prepares or stores patient health care records, as defined in s. 146.81 (4) , for the purposes of preparation or storage of those records; provides patient care; or handles or processes specimens of body fluids or tissues.

4. To a blood bank, blood center, or plasma center that subjected the test subject to an HIV test for any of the following purposes:

a. Determining the medical acceptability of blood or plasma secured from the subject of the HIV test.

b. Notifying the subject of the HIV test of the test results.

c. Investigating HIV infections in blood or plasma.

5. To a health care provider who procures, processes, distributes or uses a human body part that is the subject of an anatomical gift under s. 157.06 , for the purpose of assuring medical acceptability of the gift for the purpose intended.

6. To the state epidemiologist or his or her designee, or to a local health officer or his or her designees, for the purpose of providing epidemiologic surveillance or investigation or control of communicable disease.