Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB185 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 185
5	5	April 20, 2023 - Introduced by JOINT LEGISLATIVE COUNCIL. Referred to Committee
6	6	on Health, Aging and Long-Term Care.
7	7	*AUTHORS SUBJECT TO CHANGE*
8	8	AN ACT to amend 69.18 (2) (b), 69.18 (2) (d) and 448.02 (3) (a); and to create 69.18
9	9	(2) (g) of the statutes; relating to: requiring use of the electronic system of vital
10	10	records for medical certifications of death.
11	11	Analysis by the Legislative Reference Bureau
12	12	This bill is explained in the NOTES provided by the Joint Legislative Council in
13	13	the bill.
14	14	The people of the state of Wisconsin, represented in senate and assembly, do
15	15	enact as follows:
16	16	JOINT LEGISLATIVE COUNCIL PREFATORY NOTE: This bill was prepared for the Joint
17	17	Legislative Council Study Committee on Uniform Death Reporting Standards.
18	18	Current law requires the Department of Health Services (DHS) to establish an
19	19	Office of Vital Records and appoint a state registrar who, among other duties, directs the
20	20	system of vital records. DHS currently uses an electronic system of vital records.
21	21	Current law requires that a death record be filed by certain parties identified in
22	22	statute, a function most commonly fulfilled by a funeral director. The filing party must
23	23	obtain certain factual information for the death record and then, within 24 hours of being
24	24	notified of a death, present the record to the appropriate individual for completion of the
25	25	medical certification, which is a portion of the death record providing cause-of-death and
26	26	other information. Depending on the circumstances of the death, the medical
27	27	certification may be completed and signed by a medical examiner, coroner, physician, or
28	28	other specified medical professionals with access to a decedent's medical history. Current
29	29	law requires that the individual completing and signing the medical certification return
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35	35	the death record to the filing party either by mailing the death record within 5 days after
36	36	the pronouncement of death or presenting the death record within 6 days after the
37	37	pronouncement of death. The filing party then submits the death record to the local vital
38	38	records office for registration with DHS's Office of Vital Records.
39	39	Under current practice, the electronic system of vital records is widely used by
40	40	funeral directors, medical examiners, and coroners, and less commonly used by other
41	41	individuals authorized to complete a medical certification, such as physicians. Those
42	42	individuals who complete a medical certification without use of the electronic system of
43	43	vital records instead use a “fax attestation form.” Under this method, the medical
44	44	certification is sent by facsimile to the filing party for manual entry into the electronic
45	45	system of vital records.
46	46	The bill requires any person who completes and signs a medical certification to use
47	47	the electronic system of vital records to complete and sign the medical certification as
48	48	required under current law. The bill also eliminates the option for individuals completing
49	49	and signing the medical certification to mail the death record to the filing party. Finally,
50	50	the bill delays the effective date of these provisions for 24 months.
51	51	SECTION 1. 69.18 (2) (b) of the statutes is amended to read:
52	52	69.18 (2) (b) If a person under the care of a physician dies from the illness or
53	53	condition for which the care is given and a coroner or medical examiner does not
54	54	certify the cause of death under par. (d) 1., the physician shall complete and sign a
55	55	medical certification for the death under par. (f) and mail the medical certification
56	56	within 5 days after the pronouncement of death or use the state registrar's electronic
57	57	system of vital records to present the medical certification to the person responsible
58	58	for filing the death record under sub. (1) within 6 days after the pronouncement of
59	59	death.
60	60	SECTION 2. 69.18 (2) (d) of the statutes is amended to read:
61	61	69.18 (2) (d) 1. Except as provided under par. (e), if a death is the subject of a
62	62	coroner's or medical examiner's determination under s. 979.01 or 979.03, the coroner
63	63	or medical examiner or a physician supervised by a coroner or medical examiner in
64	64	the county where the event which caused the death occurred shall complete and sign
65	65	the medical certification for the death and mail the death record within 5 days after
66	66	the pronouncement of death or use the state registrar's electronic system of vital
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85	85	SECTION 2
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87	87	records to present the record to the person responsible for filing the death record
88	88	under sub. (1) within 6 days after the pronouncement of death.
89	89	2. Except as provided under par. (e), if the decedent was not under the care of
90	90	a physician for the illness or condition from which the person died, the coroner or
91	91	medical examiner, or a physician supervised by a coroner or medical examiner, in the
92	92	county of the place of death shall complete and sign the medical certification for the
93	93	death and mail the death record within 5 days after the pronouncement of death or
94	94	use the state registrar's electronic system of vital records to present the record to the
95	95	person responsible for filing the death record under sub. (1) within 6 days after the
96	96	pronouncement of death.
97	97	3. For a medical certification under this paragraph, except a medical
98	98	certification of the cause of death of an indigent, a coroner or medical examiner may
99	99	charge a fee established by the county board, not to exceed an amount reasonably
100	100	related to the actual and necessary cost of providing the medical certification. The
101	101	coroner or medical examiner, or the physician employed by the coroner or medical
102	102	examiner, shall mail or use the state registrar's electronic system of vital records to
103	103	present a medical certification as required under subd. 1., whether or not the fee has
104	104	been paid.
105	105	SECTION 3. 69.18 (2) (g) of the statutes is created to read:
106	106	69.18 (2) (g) Any person who completes and signs medical certifications under
107	107	this subsection shall use the state registrar's electronic system of vital records to
108	108	present the medical certification as required under this subsection.
109	109	SECTION 4. 448.02 (3) (a) of the statutes is amended to read:
110	110	448.02 (3) (a) The board shall investigate allegations of unprofessional conduct
111	111	and negligence in treatment by persons holding a license or certificate granted by the
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138	138	SECTION 4 ASSEMBLY BILL 185
139	139	board. An allegation that a physician has violated s. 253.10 (3), 448.30 or 450.13 (2)
140	140	or has failed to mail or present a medical certification required under s. 69.18 (2)
141	141	within 21 days after the pronouncement of death of the person who is the subject of
142	142	the required certificate or that a physician has failed at least 6 times within a
143	143	6-month period to mail or present a medical certificate required under s. 69.18 (2)
144	144	within 6 days after the pronouncement of death of the person who is the subject of
145	145	the required certificate is an allegation of unprofessional conduct. Information
146	146	contained in reports filed with the board under s. 49.45 (2) (a) 12r., 50.36 (3) (b),
147	147	609.17 or 632.715, or under 42 CFR 1001.2005, shall be investigated by the board.
148	148	Information contained in a report filed with the board under s. 655.045 (1), as created
149	149	by 1985 Wisconsin Act 29, which is not a finding of negligence or in a report filed with
150	150	the board under s. 50.36 (3) (c) may, within the discretion of the board, be used as the
151	151	basis of an investigation of a person named in the report. The board may require a
152	152	person holding a license or certificate to undergo and may consider the results of one
153	153	or more physical, mental or professional competency examinations if the board
154	154	believes that the results of any such examinations may be useful to the board in
155	155	conducting its investigation.
156	156	SECTION 5.0Effective date.
157	157	(1) This act takes effect on the first day of the 24th month beginning after
158	158	publication.
159	159	(END)
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