Background

AIDS is short for Acquired Immune Deficiency Syndrome. This name was coined back in the early days of the HIV epidemic, when the cause of the syndrome — infection with the HIV virus — was not known, and the primary problem that was recognized was the severe immune deficiency in a person who previously had a normal immune system. It was recognized early on that the cause of the syndrome must be a sexually transmitted agent, probably a virus; in 1983, the virus that was ultimately called “human immunodeficiency virus” (HIV) was identified as the cause of the disease.

HIV infection follows a variable, often prolonged course. The occurrence of one of the AIDS-defining illnesses is a very late manifestation of the infection. Typically, the virus kills off the T-cells in which it lives over a period of many years before the level of T-cells falls so low that the infected person is unable to fight off other infections or tumors. These late infections or tumors define AIDS.

Many different diseases can now define AIDS in someone who is infected with HIV. All of these diseases can also occur in people who are not infected with HIV, such as people with other immune deficiencies: after cancer chemotherapy, for example. The parasitic infection Pneumocystis pneumonia, the fungal infection cryptococcosis in the brain, and the malignant tumor called Kaposi’s sarcoma are all AIDS-defining conditions if they occur in someone with HIV infection. If they occur in someone who is not HIV infected, they are not AIDS-related.

This disease is essentially an infection by the HIV virus, which lasts for many years and usually culminates in death from another condition, like pneumocystis or Kaposi’s sarcoma. During most of this time, the infected person is not sick and does not have AIDS, but is able to transmit the HIV infection to others through sexual or other body fluid transmission. This is why employing universal precautions when drawing blood or handling body fluids are so important. Most HIV transmission occurs from infected people who do not yet have AIDS, and in many cases the individual does not even know that he or she carries HIV.

What the statutes mean

The state believes that individuals infected with the HIV virus should have a broad range of protection. If an individual has been tested positively for HIV, antigen or nonantigenic products of HIV or an antibody to HIV, or has AIDS; a chiropractor may not deny them any of the following protections.

Treatment: If the individual’s condition is within the chiropractic scope of practice scope a chiropractor can not refuse treatment just because the patient has AIDS/HIV.

Quality of care­: A chiropractor may not provide treatment to the individual at a standard that is lower than that provided other individuals with the same or similar condition.

Isolation: A chiropractor may not isolate an individual infected with the HIV virus from other patients.

Courtesy: A chiropractor or his or her staff may not subject the patient to indignity, including humiliating, degrading or abusive treatment.

Continuity of Care: A chiropractor must develop procedures that ensure the continuity of care for the individual in the event that his or her condition exceeds the scope of chiropractic practice.

A chiropractor that denies a patient any of the protections listed above is liable to the patient for actual damages and costs, plus exemplary damages of up to $5,000 for an intentional violation.

Informed consent for testing or disclosure

A chiropractor must have the informed consent of the patient before a patient’s blood is tested for the presence of the HIV virus or the test results are disclosed. Informed consent for testing or disclosure means consent in writing by the patient for the administration of a test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV and a separate consent in writing to the disclosure to of the results of the test to another specified person.

There are specific provisions in the law that allow for testing an individual for HIV without the patient’s consent; however, the circumstances that allow for non-informed consent testing are not likely to occur in a chiropractor’s office.

Confidentiality of HIV test results

Patients may disclose the results of their tests to anyone they choose. Chiropractors or their staff may only disclose the HIV test results to the following individuals unless he or she is specifically authorized by the patient to do so.

• To the patient who took the test
• The patient’s health care agent if the patient has executed a power of attorney and has been found to be incapacitated.
• To a health care provider who provides care to the patient, including emergency care.
• To an employee who provides patient care, prepares or stores patient health care records; or handles or processes specimens of body fluids or tissues.

A private pay patient may prevent you from disclosing his or her test results if the patient annually submits to a written request to you not to release their records.

Reporting of positive test results

If a positive, validated test result is obtained from a patient, you must report to the state epidemiologist the following information:

• Your name and address
• The name, address, telephone number, age or date of birth, race and ethnicity, sex and county of residence of the patient, if known.
• The date on which the test was performed.
• The test result.
• Any other medical or epidemiological information required by the state epidemiologist for the purpose of exercising surveillance, control and prevention of HIV infections.

Your report may not include any of the following:

• Information with respect to the sexual orientation of the patient.
• The identity of persons with whom the patient may have had sexual contact.

This subsection does not apply to the reporting of information with respect to persons for whom a diagnosis of acquired immunodeficiency syndrome has been made.

If a positive, validated test result is obtained from a patient, you may report to the state epidemiologist the name of any person that you know has been significantly exposed to the patient, only after you have done all of the following:

• Counseled the patient to inform any person who has been significantly exposed to them.
• Notified the patient that the name of any person that you know to have been significantly exposed to the patient will be reported to the state epidemiologist.

Civil liability

Any person violating this law is liable to the patient for actual damages and costs, plus exemplary damages of up to $1,000 for a negligent violation and up to $5,000 for an intentional violation.

Criminal penalty. Whoever intentionally discloses the results of a blood and, as a result, bodily harm or psychological harm is done to the patient may be fined not more than $10,000 or imprisoned not more than 9 months or both.

Statute excerpts

252.15 Restrictions on use of a test for HIV
252.15(2) Informed consent for testing or disclosure
252.15(5) Confidentiality of test
252.15(7) Reporting of positive test results
252.15(8) Civil liability

Discrimination related to acquired immunodeficiency syndrome (AIDS) In this section:

252.14(1)(ad) “Correctional officer” has the meaning given in s. 301.28 (1).

252.14(1)(am) “Fire fighter” has the meaning given in s. 102.475 (8) (b).

252.14(1)(ar) “Health care provider” means any of the following:

252.14(1)(ar)1. A nurse licensed under ch. 441.

252.14(1)(ar)2. A chiropractor licensed under ch. 446.

252.14(1)(ar)3. A dentist licensed under ch. 447.

252.14(1)(ar)4. A physician, podiatrist or physical therapist licensed or an occupational therapist or occupational therapy assistant certified under ch. 448.

252.14(1)(ar)4m. A dietitian certified under subch. V of ch. 448.

252.14(1)(ar)5. An optometrist licensed under ch. 449.

252.14(1)(ar)6. A psychologist licensed under ch. 455.

252.14(1)(ar)7. A social worker, marriage and family therapist or professional counselor certified under ch. 457.

252.14(1)(ar)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. An employee or agent of any provider specified under subds. 1. to 8.
252.14(1)(ar)10. A partnership of any provider specified under subds. 1. to 8.

252.14(1)(ar)11. A corporation of any provider specified under subds. 1. to 8. that provides health care services.

252.14(1)(ar)12. An operational cooperative sickness care plan organized under ss. 185.981 to 185.985 that directly provides services through salaried employees in its own facility.

252.14(1)(ar)13. An emergency medical technician licensed under s. 146.50 (5).

252.14(1)(ar)14. A physician assistant licensed under ch. 448.

252.14(1)(ar)15. A first responder.

252.14(1)(c) “Home health agency” has the meaning specified in s. 50.49 (1) (a).

252.14(1)(d) “Inpatient health care facility” means a hospital, nursing home, community-based residential facility, county home, county mental health complex, tuberculosis sanatorium or other place licensed or approved by the department under ss. 49.70, 49.71, 49.72, 50.02, 50.03, 50.35, 51.08, 51.09, 58.06, 252.073 and 252.076 or a facility under s. 45.365, 48.62, 51.05, 51.06, 233.40, 233.41, 233.42 or 252.10.

252.14(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 test result may do any of the following with respect to an individual who has acquired immunodeficiency syndrome or has a positive test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV, 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) 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) 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) Provide care to the individual at a standard that is lower than that provided other individuals with like medical needs.

252.14(2)(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) Isolate the individual unless medically necessary.

252.14(2)(d) Subject the individual to indignity, including humiliating, degrading or abusive treatment.

252.14(3) A health care provider, home health agency or inpatient health care facility that tests an individual for HIV infection shall provide counseling about HIV and referral for appropriate health care and support services as necessary. 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) Any person violating sub. (2) is liable to the patient for actual damages and costs, plus exemplary damages of up to $5,000 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.

Restrictions on use of a test for HIV.

252.15(1) (1) Definitions. In this section:

252.15(1)(ab) “Affected person” means an emergency medical technician, first responder, firefighter, peace officer, correctional officer, person who is employed at a secured correctional facility, as defined in s. 938.02 (15m), or at a secured child caring institution, as defined in s. 938.02 (15g), state patrol officer, jailer or keeper of a jail or person designated with custodial authority by the jailer or keeper, health care provider, employee of a health care provider or staff member of a state crime laboratory.

252.15(1)(ad) “Correctional officer” has the meaning given in s. 301.28 (1).

252.15(1)(af) “Emergency medical technician” has the meaning given in s. 146.50 (1) (e).

252.15(1)(aj) “Fire fighter” has the meaning given in s. 102.475 (8) (b).

252.15(1)(am) “Health care professional” means a physician who is licensed under ch. 448 or a registered nurse or licensed practical nurse who is licensed under ch. 441.

252.15(1)(ar) “Health care provider” means any of the following:

252.15(1)(ar)1. A person or entity that is specified in s. 146.81 (1), but does not include a massage therapist or bodyworker issued a license of registration under subch. X [XI] of ch. 440.

252.15(1)(ar)2. A home health agency.

252.15(1)(ar)3. An employee of the Mendota mental health institute or the Winnebago mental health institute.

252.15(1)(cm) “Home health agency” has the meaning given in s. 50.49 (1) (a).

252.15(1)(d) “Informed consent for testing or disclosure” means consent in writing on an informed consent for testing or disclosure form by a person to the administration of a test to him or her for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV or to the disclosure to another specified person of the results of a test administered to the person consenting.

252.15(1)(e) “Informed consent for testing or disclosure form” means a printed document on which a person may signify his or her informed consent for testing for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV or authorize the disclosure of any test results obtained.

252.15(1)(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. 852.03 (2), 1995 stats. This relationship may be by consanguinity or direct affinity.

252.15(1)(em) “Significantly exposed” means sustained a contact which carries a potential for a transmission of HIV, by one or more of the following:

252.15(1)(em)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. 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. 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. 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)(fm) “Universal 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.

Informed consent for testing or disclosure.

252.15(2)(a) No health care provider, blood bank, blood center or plasma center may subject a person to a test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV unless the subject of the test first provides informed consent for testing or disclosure as specified under par. (b), except that consent to testing is not required for any of the following:

252.15(2)(a)1. Except as provided in subd. 1g., a health care provider who procures, processes, distributes or uses a human body part or human tissue donated as specified under s. 157.06 (6) (a) or (b) shall, without obtaining consent to the testing, test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV in order to assure medical acceptability of the gift for the purpose intended. The health care provider shall use as a test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV a test or series of tests that the state epidemiologist finds medically significant and sufficiently reliable to detect the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV. If the validated test result of the donor from the test or series of tests performed is positive, the human body part or human tissue donated for use or proposed for donation may not be used.

252.15(2)(a)1g. If a medical emergency, as determined by the attending physician of a potential donor and including a threat to the preservation of life of the potential donee, exists under which a human body part or human tissue that has been subjected to testing under subd. 1. is unavailable, the requirement of subd. 1. does not apply.

252.15(2)(a)2.The department, a laboratory certified under 42 USC 263a or a health care provider, blood bank, blood center or plasma center may, for the purpose of research and without first obtaining written consent to the testing, subject any body fluids or tissues to a test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV 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(2)(a)3. The medical director 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), may, without obtaining consent to the testing, subject a resident or patient of the center or institute to a test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV if he or she 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.

252.15(2)(a)4. A health care provider may subject an individual to a test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV, without obtaining consent to the testing from the individual, if all of the following apply:

252.15(2)(a)4.a. The individual has been adjudicated incompetent under ch. 880, is under 14 years of age or is unable to give consent because he or she is unable to communicate due to a medical condition.

252.15(2)(a)4.b. The health care provider obtains consent for the testing from the individual’s guardian, if the individual is adjudicated incompetent under ch. 880; from the individual’s parent or guardian, if the individual is under 14 years of age; or from the individual’s closest living relative or another with whom the individual has a meaningful social and emotional relationship if the individual is not a minor nor adjudicated incompetent.

252.15(2)(a)6. A health care professional acting under an order of the court under subd. 7. or s. 938.296 (4) or 968.38 (4) may, without first obtaining consent to the testing, subject an individual to a test or a series of tests to detect the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV. No sample used for laboratory test purposes under this subdivision may disclose the name of the test subject, and, notwithstanding sub. (4) (c), the test results may not be made part of the individual’s permanent medical record.

252.15(2)(a)7.a. If all of the conditions under subd. 7. ai. to c. are met, an emergency medical technician, first responder, fire fighter, peace officer, correctional officer, person who is employed at a secured correctional facility, as defined in s. 938.02 (15m), or at a secured child caring institution, as defined in s. 938.02 (15g), state patrol officer, jailer or keeper of a jail or person designated with custodial authority by the jailer or keeper who, during the course of providing care or services to an individual; or a peace officer, correctional officer, state patrol officer, jailer or keeper of a jail or person designated with custodial authority by the jailer or keeper who, while searching or arresting an individual or while controlling or transferring an individual in custody; or a health care provider or an employee of a health care provider who, during the course of providing care or treatment to an individual or handling or processing specimens of body fluids or tissues of an individual; or a staff member of a state crime laboratory who, during the course of handling or processing specimens of body fluids or tissues of an individual; is significantly exposed to the individual may subject the individual’s blood to a test or a series of tests for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV and may receive disclosure of the results.

252.15(2)(a)7.ai. The affected person uses universal precautions, if any, against significant exposure, and was using universal precautions at the time that he or she was significantly exposed, except in those emergency circumstances in which the time necessary for use of the universal precautions would endanger the life of the individual.

252.15(2)(a)7.ak. A physician, based on information provided to the physician, determines and certifies in writing that the affected person has been significantly exposed. The certification shall accompany the request for testing and disclosure. If the affected person who is significantly exposed is a physician, he or she may not make this determination or certification. The information that is provided to a physician to document the occurrence of a significant exposure and the physician’s certification that an affected person has been significantly exposed, under this subd. 7. ak., shall be provided on a report form that is developed by the department of commerce under s. 101.02 (19) (a) or on a report form that the department of commerce determines, under s. 101.02 (19) (b), is substantially equivalent to the report form that is developed under s. 101.02 (19) (a).

252.15(2)(a)7.am. The affected person submits to a test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV, as soon as feasible or within a time period established by the department after consulting guidelines of the centers for disease control of the federal public health service, whichever is earlier.

252.15(2)(a)7.ap. Except as provided in subd. 7. av. to c., the test is performed on blood that is drawn for a purpose other than testing for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV.

252.15(2)(a)7.ar. The individual, if capable of consenting, has been given an opportunity to be tested with his or her consent and has not consented.

252.15(2)(a)7.at. The individual has been informed that his or her blood may be tested for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV; that the test results may be disclosed to no one, including that individual, without his or her consent, except to the person who is certified to have been significantly exposed; that, if the person knows the identity of the individual, he or she may not disclose the identity to any other person except for the purpose of having the test or series of tests performed; and that a record may be kept of the test results only if the record does not reveal the individual’s identity.

252.15(2)(a)7.av. If blood that is specified in subd. 7. ap. is unavailable, the person who is certified under subd. 7. ak. to have been significantly exposed may request the district attorney to apply to the circuit court for his or her county to order the individual to submit to a test or a series of tests for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV and to disclose the results to that person. The person who is certified under subd. 7. ak. to have been significantly exposed shall accompany the request with the certification under subd. 7. ak.

252.15(2)(a)7.b. Upon receipt of a request and certification under the requirements of this subdivision, a district attorney shall, as soon as possible so as to enable the court to provide timely notice, apply to the circuit court for his or her county to order the individual to submit to a test or a series of tests as specified in subd. 7. a., administered by a health care professional, and to disclose the results of the test or tests as specified in subd. 7. c.

252.15(2)(a)7.c. The court shall set a time for a hearing on the matter under subd. 7. a. within 20 days after receipt of a request under subd. 7. b. The court shall give the district attorney and the individual from whom a test is sought notice of the hearing at least 72 hours prior to the hearing. The individual may have counsel at the hearing, and counsel may examine and cross-examine witnesses. If the court finds probable cause to believe that the individual has significantly exposed the affected person, the court shall, except as provided in subd. 7. d., order the individual to submit to a test or a series of tests for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV. The court shall require the health care professional who performs the test or series of tests to refrain from disclosing the test results to the individual and to disclose the test results to the affected person and his or her health care professional. No sample used for laboratory test purposes under this subd. 7. c. may disclose the name of the test subject.

252.15(2)(a)7.d. The court is not required to order the individual to submit to a test under subd. 7. c. if the court finds substantial reason relating to the life or health of the individual not to do so and states the reason on the record.

252.15(2)(a)7m. The test results of an individual under subd. 7. may be disclosed only to the individual, if he or she so consents, to anyone authorized by the individual and to the affected person who was certified to have been significantly exposed. A record may be retained of the test results only if the record does not reveal the individual’s identity. If the affected person knows the identity of the individual whose blood was tested, he or she may not disclose the identity to any other person except for the purpose of having the test or series of tests performed.

252.15(2)(am)1. A health care provider who procures, processes, distributes or uses human sperm donated as specified under s. 157.06 (6) (a) or (b) shall, prior to the distribution or use and with informed consent under the requirements of par. (b), test the proposed donor for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV in order to assure medical acceptability of the gift for the purpose intended. The health care provider shall use as a test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV a test or series of tests that the state epidemiologist finds medically significant and sufficiently reliable under s. 252.13 (1r) to detect the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV. The health care provider shall test the donor initially and, if the initial test result is negative, shall perform a 2nd test on a date that is not less than 180 days from the date of the procurement of the sperm. No person may use the donated sperm until the health care provider has obtained the results of the 2nd test. If any validated test result of the donor for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV is positive, the sperm donated for use may not be used and, if donated, shall be destroyed.

252.15(2)(am)2.a. A health care provider who procures, processes, distributes or uses human ova donated as specified under s. 157.06 (6) (a) or (b) shall, prior to the distribution or use and with informed consent under the requirements of par. (b), test the proposed donor for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV in order to assure medical acceptability of the gift for the purpose intended, only if the state epidemiologist finds that use of donated human ova provides a significant risk of transmitting HIV to a donee and if, notwithstanding ss. 227.01 (13) and 227.10 (1), the secretary of health and family services issues an order specifying the requirements for the testing.

252.15(2)(am)2.b. A health care provider shall comply with any order issued under subd. 2. a.

252.15(2)(b) The health care provider, blood bank, blood center or plasma center that subjects a person to a test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV under pars. (a) and (am) shall, in instances under those paragraphs in which consent is required, provide the potential test subject with an informed consent form for testing or disclosure that shall contain the following information and on the form shall obtain the potential test subject’s signature or may, if the potential test subject has executed a power of attorney for health care instrument under ch. 155 and has been found to be incapacitated under s. 155.05 (2), instead obtain the signature of the health care agent:

252.15(2)(b)1. The name of the potential test subject who is giving consent and whose test results may be disclosed and, if the potential test subject has executed a power of attorney for health care instrument under ch. 155 and has been found to be incapacitated under s. 155.05 (2), the name of the health care agent.

252.15(2)(b)2. A statement of explanation to the potential test subject that the test results may be disclosed as specified under sub. (5) (a) and either a listing that duplicates the persons or circumstances specified under sub. (5) (a) 2. to 19. or a statement that the listing is available upon request.

252.15(2)(b)3. Spaces specifically designated for the following purposes:

252.15(2)(b)3.a. The signature of the potential test subject or, if the potential test subject has executed a power of attorney for health care instrument under ch. 155 and has been found to be incapacitated under s. 155.05 (2), of the health care agent, providing informed consent for the testing and the date on which the consent is signed.

252.15(2)(b)3.b. The name of a person to whom the potential test subject or, if the potential test subject has executed a power of attorney for health care instrument under ch. 155 and has been found to be incapacitated under s. 155.05 (2), the health care agent, authorizes that disclosure of test results be made, if any, the date on which the consent to disclosure is signed, and the time period during which the consent to disclosure is effective.

252.15(2)(bm) The health care provider that subjects a person to a test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV under par. (a) 3. shall provide the test subject and the test subject’s guardian, if the test subject is incompetent under ch. 880, with all of the following information:

252.15(2)(bm)1. A statement of explanation concerning the test that was performed, the date of performance of the test and the test results.

252.15(2)(bm)2. A statement of explanation that the test results may be disclosed as specified under sub. (5) (a) and either a listing that duplicates the persons or circumstances specified under sub. (5) (a) 2. to 18. or a statement that the listing is available upon request.

252.15(3) Written consent to disclosure. A person who receives a test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV under sub. (2) (b) or, if the person has executed a power of attorney for health care instrument under ch. 155 and has been found to be incapacitated under s. 155.05 (2), the health care agent may authorize in writing a health care provider, blood bank, blood center or plasma center to disclose the person’s test results to anyone at any time subsequent to providing informed consent for disclosure under sub. (2) (b) and a record of this consent shall be maintained by the health care provider, blood bank, blood center or plasma center so authorized.

252.15(4) Record maintenance. A health care provider, blood bank, blood center or plasma center that obtains from a person a specimen of body fluids or tissues for the purpose of testing for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV shall:

252.15(4)(a) Obtain from the subject informed consent for testing or disclosure, as provided under sub. (2).

252.15(4)(b) Maintain a record of the consent received under par. (a).

252.15(4)(c) Maintain a record of the test results obtained. A record that is made under the circumstances described in sub. (2) (a) 7m. may not reveal the identity of the test subject.

Confidentiality of test.

252.15(5)(a) An individual who is the subject of a test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV or the individual’s health care agent, if the individual has executed a power of attorney for health care instrument under ch. 155 and has been found to be incapacitated under s. 155.05 (2), may disclose the results of the individual’s test to anyone. A person who is neither the individual nor the individual’s health care agent may not, unless he or she is specifically authorized by the individual to do so, disclose the individual’s test results except to the following persons or under the following circumstances:

252.15(5)(a)1. To the subject of the test and, if the test subject has executed a power of attorney for health care instrument under ch. 155 and has been found to be incapacitated under s. 155.05 (2), the health care agent.

252.15(5)(a)2. To a health care provider who provides care to the test subject, including those instances in which a health care provider provides emergency care to the subject.

252.15(5)(a)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.

252.15(5)(a)4. To a blood bank, blood center or plasma center that subjects a person to a test under sub. (2) (a), for any of the following purposes:

252.15(5)(a)4.a. Determining the medical acceptability of blood or plasma secured from the test subject.

252.15(5)(a)4.b. Notifying the test subject of the test results.

252.15(5)(a)4.c. Investigating HIV infections in blood or plasma.

252.15(5)(a)5. To a health care provider who procures, processes, distributes or uses a human body part donated as specified under s. 157.06 (6) (a) or (b), for the purpose of assuring medical acceptability of the gift for the purpose intended.

252.15(5)(a)6. To the state epidemiologist or his or her designee, for the purpose of providing epidemiologic surveillance or investigation or control of communicable disease.

252.15(5)(a)7. To a funeral director, as defined under s. 445.01 (5) or to other persons who prepare the body of a decedent for burial or other disposition or to a person who performs an autopsy or assists in performing an autopsy.

252.15(5)(a)8. To health care facility staff committees or accreditation or health care services review organizations for the purposes of conducting program monitoring and evaluation and health care services reviews.

252.15(5)(a)9. Under a lawful order of a court of record except as provided under s. 901.05.

252.15(5)(a)10. To a person who conducts research, for the purpose of research, if the researcher:

252.15(5)(a)10.a. Is affiliated with a health care provider under subd. 3.

252.15(5)(a)10.b. Has obtained permission to perform the research from an institutional review board.

252.15(5)(a)10.c. Provides written assurance to the person disclosing the test results that use of the information requested is only for the purpose under which it is provided to the researcher, the information will not be released to a person not connected with the study, and the final research product will not reveal information that may identify the test subject unless the researcher has first received informed consent for disclosure from the test subject.

252.15(5)(a)11. To a person, including a person exempted from civil liability under the conditions specified under s. 895.48, who renders to the victim of an emergency or accident emergency care during the course of which the emergency caregiver is significantly exposed to the emergency or accident victim, if a physician, based on information provided to the physician, determines and certifies in writing that the emergency caregiver has been significantly exposed and if the certification accompanies the request for disclosure.

252.15(5)(a)12. To a coroner, medical examiner or an appointed assistant to a coroner or medical examiner, if one or more of the following conditions exist:

252.15(5)(a)12.a. The possible HIV-infected status is relevant to the cause of death of a person whose death is under direct investigation by the coroner, medical examiner or appointed assistant.

252.15(5)(a)12.b. The coroner, medical examiner or appointed assistant is significantly exposed to a person whose death is under direct investigation by the coroner, medical examiner or appointed assistant, if a physician, based on information provided to the physician, determines and certifies in writing that the coroner, medical examiner or appointed assistant has been significantly exposed and if the certification accompanies the request for disclosure.

252.15(5)(a)13. To a sheriff, jailer or keeper of a prison, jail or house of correction or a person designated with custodial authority by the sheriff, jailer or keeper, for whom disclosure is necessitated in order to permit the assigning of a private cell to a prisoner who has a positive test result.

252.15(5)(a)14. If the test results of a test administered to an individual are positive and the individual is deceased, by the individual’s attending physician, to persons, if known to the physician, with whom the individual has had sexual contact or has shared intravenous drug use paraphernalia.

252.15(5)(a)15. To anyone who provides consent for the testing under sub. (2) (a) 4. b., except that disclosure may be made under this subdivision only during a period in which the test subject is adjudicated incompetent under ch. 880, is under 14 years of age or is unable to communicate due to a medical condition.

252.15(5)(a)17. To an alleged victim or victim, to a health care professional, upon request as specified in s. 938.296 (4) (e) or 968.38 (4) (c), who provides care to the alleged victim or victim and, if the alleged victim or victim is a minor, to the parent or guardian of the alleged victim or victim, under s. 938.296 (4) or 968.38 (4).

252.15(5)(a)18. To an affected person, under the requirements of sub. (2) (a) 7.

252.15(5)(a)19. If the test was administered to a child who has been placed in a foster home, treatment foster home, group home, child caring institution or secured correctional facility, as defined in s. 938.02 (15m), including a placement under s. 48.205, 48.21, 938.205 or 938.21 or for whom placement in a foster home, treatment foster home, group home, child caring institution or secured correctional facility is recommended under s. 48.33 (4), 48.425 (1) (g), 48.837 (4) (c) or 938.33 (3) or (4), to an agency directed by a court to prepare a court report under s. 48.33 (1), 48.424 (4) (b), 48.425 (3), 48.831 (2), 48.837 (4) (c) or 938.33 (1), to an agency responsible for preparing a court report under s. 48.365 (2g), 48.425 (1), 48.831 (2), 48.837 (4) (c) or 938.365 (2g), to an agency responsible for preparing a permanency plan under s. 48.355 (2e), 48.38, 48.43 (1) (c) or (5) (c), 48.63 (4), 48.831 (4) (e), 938.355 (2e) or 938.38 regarding the child or to an agency that placed the child or arranged for the placement of the child in any of those placements and, by any of those agencies, to any other of those agencies and, by the agency that placed the child or arranged for the placement of the child in any of those placements, to the child’s foster parent or treatment foster parent or the operator of the group home, child caring institution or secured correctional facility in which the child is placed, as provided in s. 48.371 or 938.371.

252.15(5)(b) A private pay patient may deny access to disclosure of his or her test results granted under par. (a) 10. if he or she annually submits to the maintainer of his or her test results under sub. (4) (c) a signed, written request that denial be made.

252.15(5m) Autopsies; testing of certain corpses. Notwithstanding s. 157.05, a corpse may be subjected to a test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV and the test results disclosed to the person who has been significantly exposed under any of the following conditions:

252.15(5m)(a) If a person, including a person exempted from civil liability under the conditions specified under s. 895.48, who renders to the victim of an emergency or accident emergency care during the course of which the emergency caregiver is significantly exposed to the emergency or accident victim and the emergency or accident victim subsequently dies prior to testing for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV, and if a physician, based on information provided to the physician, determines and certifies in writing that the emergency caregiver has been significantly exposed and if the certification accompanies the request for testing and disclosure. Testing of a corpse under this paragraph shall be ordered by the coroner, medical examiner or physician who certifies the victim’s cause of death under s. 69.18 (2) (b), (c) or (d).

252.15(5m)(b) If a funeral director, coroner, medical examiner or appointed assistant to a coroner or medical examiner who prepares the corpse of a decedent for burial or other disposition or a person who performs an autopsy or assists in performing an autopsy is significantly exposed to the corpse, and if a physician, based on information provided to the physician, determines and certifies in writing that the funeral director, coroner, medical examiner or appointed assistant has been significantly exposed and if the certification accompanies the request for testing and disclosure. Testing of a corpse under this paragraph shall be ordered by the attending physician of the funeral director, coroner, medical examiner or appointed assistant who is so exposed.

252.15(5m)(c) If a health care provider or an agent or employee of a health care provider is significantly exposed to the corpse or to a patient who dies subsequent to the exposure and prior to testing for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV, and if a physician who is not the health care provider, based on information provided to the physician, determines and certifies in writing that the health care provider, agent or employee has been significantly exposed and if the certification accompanies the request for testing and disclosure. Testing of a corpse under this paragraph shall be ordered by the physician who certifies that the significant exposure has occurred.

252.15(5r) Sale of tests without approval prohibited. No person may sell or offer to sell in this state a test or test kit to detect the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV for self-use by an individual unless the test or test kit is first approved by the state epidemiologist. In reviewing a test or test kit under this subsection, the state epidemiologist shall consider and weigh the benefits, if any, to the public health of the test or test kit against the risks, if any, to the public health of the test or test kit.

252.15(6) Expanded disclosure of test results prohibited. No person to whom the results of a test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV have been disclosed under sub. (5) (a) or (5m) may disclose the test results except as authorized under sub. (5) (a) or (5m).

Reporting of positive test results.

252.15(7)(a) Notwithstanding ss. 227.01 (13) and 227.10 (1), for the purposes of this subsection, the state epidemiologist shall determine, based on the preponderance of available scientific evidence, the procedures necessary in this state to obtain a validated test result and the secretary shall so declare under s. 250.04 (1) or (2) (a). The state epidemiologist shall revise this determination if, in his or her opinion, changed available scientific evidence warrants a revision, and the secretary shall declare the revision under s. 250.04 (1) or (2) (a).

252.15(7)(b) If a positive, validated test result is obtained from a test subject, the health care provider, blood bank, blood center or plasma center that maintains a record of the test results under sub. (4) (c) shall report to the state epidemiologist the following information:

252.15(7)(b)1. The name and address of the health care provider, blood bank, blood center or plasma center reporting.

252.15(7)(b)2. The name and address of the subject’s health care provider, if known.

252.15(7)(b)3. The name, address, telephone number, age or date of birth, race and ethnicity, sex and county of residence of the test subject, if known.

252.15(7)(b)4. The date on which the test was performed.

252.15(7)(b)5.The test result.

252.15(7)(b)6. Any other medical or epidemiological information required by the state epidemiologist for the purpose of exercising surveillance, control and prevention of HIV infections.

252.15(7)(c) Except as provided in sub. (7m), a report made under par. (b) may not include any of the following:

252.15(7)(c)1. Information with respect to the sexual orientation of the test subject.

252.15(7)(c)2. The identity of persons with whom the test subject may have had sexual contact.

252.15(7)(d) This subsection does not apply to the reporting of information under s. 252.05 with respect to persons for whom a diagnosis of acquired immunodeficiency syndrome has been made.

252.15(7m) Reporting of persons significantly exposed. If a positive, validated test result is obtained from a test subject, the test subject’s physician who maintains a record of the test result under sub. (4) (c) may report to the state epidemiologist the name of any person known to the physician to have been significantly exposed to the test subject, only after the physician has done all of the following:

252.15(7m)(a) Counseled the test subject to inform any person who has been significantly exposed to the test subject.

252.15(7m)(b) Notified the test subject that the name of any person known to the physician to have been significantly exposed to the test subject will be reported to the state epidemiologist.

Civil liability.

252.15(8)(a) Any person violating sub. (2), (5) (a), (5m), (6) or (7) (c) is liable to the subject of the test for actual damages and costs, plus exemplary damages of up to $1,000 for a negligent violation and up to $5,000 for an intentional violation.

252.15(8)(b) The plaintiff in an action under par. (a) has the burden of proving by a preponderance of the evidence that a violation occurred under sub. (2), (5) (a), (5m), (6) or (7) (c). A conviction under sub. (2), (5) (a), (5m), (6) or (7) (c) is not a condition precedent to bringing an action under par. (a).

252.15(9) Criminal penalty. Whoever intentionally discloses the results of a blood test in violation of sub. (2) (a) 7m., (5) (a) or (5m) and thereby causes bodily harm or psychological harm to the subject of the test may be fined not more than $10,000 or imprisoned not more than 9 months or both.