Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB188 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 188
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 48.396 (1), 48.396 (2) (a), 48.78 (2) (a), 48.981 (7) (a) 15.,
9	9	938.396 (1) (a), 938.396 (2) (a) and 938.78 (2) (a); and to create 51.30 (4) (b) 29.,
10	10	146.82 (2) (d), 250.22 and 961.385 (2) (cm) 5. of the statutes; relating to:
11	11	fatality review teams and granting rule-making authority.
12	12	Analysis by the Legislative Reference Bureau
13	13	This bill is explained in the NOTES provided by the Joint Legislative Council in
14	14	the bill.
15	15	The people of the state of Wisconsin, represented in senate and assembly, do
16	16	enact as follows:
17	17	JOINT LEGISLATIVE COUNCIL PREFATORY NOTE: This bill was prepared for the Joint
18	18	Legislative Council Study Committee on Uniform Death Reporting Standards.
19	19	Current law does not address fatality review teams, though several types of such
20	20	teams currently exist in Wisconsin based on voluntary efforts primarily organized by
21	21	counties, with state-level technical assistance available for certain types of teams. The
22	22	bill establishes fatality review teams under state law.
23	23	Under the bill, a fatality review team is defined as a multidisciplinary and
24	24	multiagency team reviewing one or more types of death among children or adults and
25	25	developing recommendations to prevent future deaths of similar circumstances. The bill
26	26	generally governs a team's responsibilities, ability to access certain records,
27	27	confidentiality requirements, and disclosure of information.
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33	33	ASSEMBLY BILL 188
34	34	Duties and Authority of the Department of Health Services (DHS)
35	35	Under the bill, DHS must establish a fatality review program comprised of local
36	36	fatality review teams established at the option of a county, a local health department, or
37	37	a tribal health department, or a combination of these entities. The bill also authorizes,
38	38	but does not require, DHS to create state fatality review teams.
39	39	The bill requires DHS to perform various duties, in consultation with other state
40	40	agencies as appropriate, such as: (1) facilitate local team development; (2) identify
41	41	training needs and make available training resources; (3) provide technical assistance
42	42	and support; (4) in the absence of a local team or upon request, assign review of deaths
43	43	to a state fatality review team, if established; (5) educate the public on causes and
44	44	recommendations for prevention of reviewable deaths; and (6) provide information to the
45	45	legislature, state agencies, and local communities on the need for modifications to law,
46	46	policy, or practice. The bill allows DHS to contract with an entity to perform any of its
47	47	duties under the bill.
48	48	Under the bill, DHS must create and make available to fatality review teams a
49	49	confidentiality agreement for use by team members to ensure confidentiality consistent
50	50	with the bill's provisions. The bill requires DHS to promulgate administrative rules to
51	51	develop and implement a standardized form for review of suicide deaths, and allows DHS
52	52	to promulgate rules to develop and implement standardized forms for other types of
53	53	reviewable deaths. The bill further grants general rule-making authority to DHS to
54	54	implement the bill's provisions.
55	55	Fatality Review Teams
56	56	The bill contains general provisions governing any type of fatality review team.
57	57	The bill identifies examples of the types of deaths that may constitute a reviewable death,
58	58	including those caused by unintentional injury, overdose, suicide, and homicide, among
59	59	other causes. The bill also provides a non-exhaustive list of potential team members.
60	60	Under the bill, a fatality review team has the purpose of gathering information
61	61	about reviewable deaths to examine risk factors and understand how deaths may be
62	62	prevented, through identifying recommendations for cross-sector, system-level policy
63	63	and practice changes, and promoting cooperation and coordination among the agencies
64	64	involved in understanding causes of reviewable deaths or in providing services to
65	65	surviving family members.
66	66	If established, each fatality review team must: (1) establish and implement team
67	67	protocols; (2) collect and maintain data; (3) create strategies and track implementation
68	68	of prevention recommendations; and (4) evaluate the team's process, interagency
69	69	collaboration, and implementation of recommendations. The bill requires teams to
70	70	assign, as appropriate for a specific review, a team member to complete any standardized
71	71	form developed by DHS, and to enter data regarding each reviewable death into any
72	72	secure database designated by DHS or its contracted entity.
73	73	Record Access and Confidentiality
74	74	The bill authorizes a fatality review team to access records from a variety of
75	75	sources, such as certain state agencies, law enforcement, medical examiners and
76	76	coroners, health care providers, human service agencies, schools, and the prescription
77	77	drug monitoring program, among others, subject to certain restrictions under the bill and
78	78	current law.
79	79	Information and records provided to or created by a fatality review team are
80	80	confidential, subject to limited exceptions provided under the bill, and are not subject to
81	81	Wisconsin's public records laws. The bill requires team members, and other individuals
82	82	invited to attend a team meeting, to sign a confidentiality agreement before participating
83	83	in or attending a fatality review team meeting. The bill prohibits team members, persons
84	84	in attendance at team meetings, and others providing records to teams from testifying
85	85	in any civil or criminal action as to the information specifically obtained through
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90	90	The bill authorizes disclosure of information if such disclosure serves a team's
91	91	purpose and certain other conditions are met, such as the information does not allow for
92	92	identification of individuals and does not contain conclusory information attributing
93	93	fault. The bill further specifies that a team's information and records are not subject to
94	94	discovery or subpoena, or admissible as evidence, in a civil or criminal action, unless
95	95	obtained independently from a team's review. The bill also provides that a person
96	96	participating in a fatality review team is immune from civil or criminal liability for any
97	97	good faith act or omission in connection with providing information or recommendations.
98	98	The bill exempts fatality review team meetings from Wisconsin's open meetings
99	99	law. However, the bill allows for public meetings to share summary findings and
100	100	recommendations, but limits the types of information that may be disclosed in public
101	101	meetings.
102	102	SECTION 1. 48.396 (1) of the statutes is amended to read:
103	103	48.396 (1) Law enforcement officers' records of children shall be kept separate
104	104	from records of adults. Law enforcement officers' records of the adult expectant
105	105	mothers of unborn children shall be kept separate from records of other adults. Law
106	106	enforcement officers' records of children and the adult expectant mothers of unborn
107	107	children shall not be open to inspection or their contents disclosed except under sub.
108	108	(1b), (1d), (5), or (6) or s. 48.293 or, 250.22, or 938.396 (2m) (c) 1p. or by order of the
109	109	court. This subsection does not apply to the representatives of newspapers or other
110	110	reporters of news who wish to obtain information for the purpose of reporting news
111	111	without revealing the identity of the child or adult expectant mother involved, to the
112	112	confidential exchange of information between the police and officials of the public or
113	113	private school attended by the child or other law enforcement or social welfare
114	114	agencies, or to children 10 years of age or older who are subject to the jurisdiction of
115	115	the court of criminal jurisdiction. A public school official who obtains information
116	116	under this subsection shall keep the information confidential as required under s.
117	117	118.125, and a private school official who obtains information under this subsection
118	118	shall keep the information confidential in the same manner as is required of a public
119	119	school official under s. 118.125. This subsection does not apply to the confidential
120	120	exchange of information between the police and officials of the tribal school attended
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141	141	SECTION 1 ASSEMBLY BILL 188
142	142	by the child if the police determine that enforceable protections are provided by a
143	143	tribal school policy or tribal law that requires tribal school officials to keep the
144	144	information confidential in a manner at least as stringent as is required of a public
145	145	school official under s. 118.125. A law enforcement agency that obtains information
146	146	under this subsection shall keep the information confidential as required under this
147	147	subsection and s. 938.396 (1) (a). A social welfare agency that obtains information
148	148	under this subsection shall keep the information confidential as required under ss.
149	149	48.78 and 938.78.
150	150	SECTION 2. 48.396 (2) (a) of the statutes is amended to read:
151	151	48.396 (2) (a) Records of the court assigned to exercise jurisdiction under this
152	152	chapter and ch. 938 and of courts exercising jurisdiction under s. 48.16 shall be
153	153	entered in books or deposited in files kept for that purpose only. Those records shall
154	154	not be open to inspection or their contents disclosed except by order of the court
155	155	assigned to exercise jurisdiction under this chapter and ch. 938 or as required or
156	156	permitted under this subsection, sub. (3) (b) or (c) 1g., 1m., or 1r. or (6), or s. 48.375
157	157	(7) (e) or 250.22.
158	158	SECTION 3. 48.78 (2) (a) of the statutes is amended to read:
159	159	48.78 (2) (a) No agency may make available for inspection or disclose the
160	160	contents of any record kept or information received about an individual who is or was
161	161	in its care or legal custody, except as provided under sub. (2m) or s. 48.371, 48.38 (5)
162	162	(b) or (d) or (5m) (d), 48.396 (3) (bm) or (c) 1r., 48.432, 48.433, 48.48 (17) (bm), 48.57
163	163	(2m), 48.66 (6), 48.93, 48.981 (7), 250.22, 938.396 (2m) (c) 1r., 938.51, or 938.78 or by
164	164	order of the court.
165	165	SECTION 4. 48.981 (7) (a) 15. of the statutes is amended to read:
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194	194	48.981 (7) (a) 15. A fatality review team established under s. 250.22, a child
195	195	fatality review team recognized by the county department, or, in a county having a
196	196	population of 750,000 or more, the department or a licensed child welfare agency
197	197	under contract with the department.
198	198	SECTION 5. 51.30 (4) (b) 29. of the statutes is created to read:
199	199	51.30 (4) (b) 29. To an authorized member of a fatality review team established
200	200	under s. 250.22. The recipient of any treatment records under this subdivision shall
201	201	keep the records confidential in accordance with s. 250.22.
202	202	SECTION 6. 146.82 (2) (d) of the statutes is created to read:
203	203	146.82 (2) (d) Notwithstanding sub. (1), patient health care records may be
204	204	released, upon request, to a fatality review team, as defined in s. 250.22 (1) (a), acting
205	205	as a public health authority for the purpose of reviewing a death as described under
206	206	s. 250.22. Records that may be released under this paragraph for the public health
207	207	purposes under s. 250.22 may be disclosed to a fatality review team only in
208	208	accordance with that section, and the recipient of any records released shall keep the
209	209	records confidential.
210	210	SECTION 7. 250.22 of the statutes is created to read:
211	211	250.22 Fatality review teams. (1) DEFINITIONS. In this section:
212	212	(a) “Fatality review team” means a multidisciplinary and multiagency team
213	213	examining one or more types of reviewable death among children or adults and
214	214	developing recommendations to prevent future deaths of similar circumstances.
215	215	(b) “Local fatality review team” means a fatality review team that examines
216	216	reviewable deaths from a specific county or counties. A “local fatality review team”
217	217	may include a team formed by a collaboration of two or more counties, local health
218	218	departments, or tribal health departments.
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246	246	(c) “State fatality review team” means a fatality review team that examines
247	247	reviewable deaths of residents across the state.
248	248	(d) “Reviewable death” includes a death for which any of the following has been
249	249	determined to be the cause of death:
250	250	1. Undetermined.
251	251	2. Unintentional injury.
252	252	3. Suicide.
253	253	4. Homicide.
254	254	5. Motor vehicle incident.
255	255	6. Overdose death.
256	256	7. Child abuse or neglect.
257	257	8. Sudden unexpected death.
258	258	9. Stillbirth.
259	259	10. Fetal death or infant death.
260	260	(2) DEPARTMENT DUTIES AND AUTHORITY. (a) The department shall establish a
261	261	fatality review program comprised of local fatality review teams established at the
262	262	option of a county, a local health department, a tribal health department, or a
263	263	combination of these entities. The department may also establish a state fatality
264	264	review team.
265	265	(b) In coordination with the department of justice, the department of children
266	266	and families, or other state agencies, as appropriate, the department shall do all of
267	267	the following:
268	268	1. Facilitate the development of local fatality review teams under this section.
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296	296	2. Identify training needs and make training resources available to local
297	297	fatality review teams, statewide professional organizations, advocacy groups, and
298	298	others.
299	299	3. Respond to requests from local fatality review teams and provide any
300	300	necessary technical assistance and support.
301	301	4. Upon request of a local fatality review team, or if a county does not have a
302	302	fatality review team, assign review of deaths to a state fatality review team, if
303	303	established.
304	304	5. Provide information to the legislature, state agencies, and local communities
305	305	on the need for modifications to law, policy, or practice.
306	306	(c) The department may enter into a contract with an entity to perform any of
307	307	the department's duties under this section.
308	308	(d) The department shall promulgate rules to develop and implement a
309	309	standardized form for use by fatality review teams when reviewing suicide deaths.
310	310	The department may promulgate rules to develop and implement standardized
311	311	forms for use by fatality review teams when reviewing other types of reviewable
312	312	deaths.
313	313	(e) The department may educate the public regarding the incidence and causes
314	314	of reviewable deaths, including recommendations that identify needed policy
315	315	changes or action to prevent future deaths.
316	316	(f) The department or its contracted entity shall create and make available to
317	317	fatality review teams a confidentiality agreement to be used by fatality review team
318	318	members to ensure confidentiality consistent with this section.
319	319	(g) The department may promulgate rules to implement this section.
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346	346	(3) FATALITY REVIEW TEAMS; PURPOSE, DUTIES, MEMBERSHIP, AND RECORD ACCESS. (a)
347	347	Fatality review teams shall have the purpose of gathering information concerning
348	348	reviewable deaths to examine the risk factors and circumstances leading to
349	349	reviewable deaths and understand how the deaths could have been prevented
350	350	through all of the following:
351	351	1. Identification of recommendations for cross-sector, system-level policy and
352	352	practice changes to address the identified risk factors and prevent future reviewable
353	353	deaths.
354	354	2. Promotion of cooperation and coordination among agencies involved in
355	355	understanding the causes of reviewable deaths or in providing services to surviving
356	356	family members.
357	357	(b) 1. If established, each fatality review team shall do all of the following:
358	358	a. Establish and implement a protocol for the fatality review team and, to the
359	359	extent the department or its contracted entity is involved with the type of review
360	360	undertaken, consult with the department or its contracted entity regarding the
361	361	protocol.
362	362	b. Collect and maintain data to the extent requested by the department or its
363	363	contracted entity for the type of review undertaken.
364	364	c. Create strategies and make and track the implementation of
365	365	recommendations for the prevention and reduction of reviewable deaths in the area
366	366	served by the fatality review team.
367	367	d. Evaluate the fatality review team's review process, interagency
368	368	collaboration, and development and implementation of recommendations to ensure
369	369	adherence to the purpose described in par. (a).
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398	398	2. A fatality review team may address a reviewable death that occurred in the
399	399	area served by the fatality review team or that relates to a resident of the area served
400	400	by the fatality review team if the incident or death occurred elsewhere in the state.
401	401	(c) When conducting a fatality review under this section, a fatality review team
402	402	may be provided with information from the records held by any of the following, if
403	403	the records pertain to a person or incident within the scope of the review:
404	404	1. The department of health services or a local health department.
405	405	2. The department of children and families.
406	406	3. A law enforcement agency.
407	407	4. A medical examiner or coroner.
408	408	5. A treatment provider for substance use or mental health.
409	409	6. A hospital or health care provider.
410	410	7. Emergency medical services, including a fire department.
411	411	8. A Women, Infants, and Children program under s. 253.06.
412	412	9. The department of corrections.
413	413	10. A district attorney's office.
414	414	11. A circuit or municipal court.
415	415	12. A social services agency.
416	416	13. Child protective services.
417	417	14. A school or university.
418	418	15. If the fatality review team is an overdose fatality review team or a suicide
419	419	fatality review team, prescription drug monitoring program records.
420	420	16. Any other agency or organization identified as necessary for the review by
421	421	a specific fatality review team.
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448	448	(d) If established, the members of a fatality review team may include any of the
449	449	following types of individuals, organizations, agencies, and areas of expertise:
450	450	1. Public health.
451	451	2. Tribal health centers.
452	452	3. Medical examiners and coroners.
453	453	4. Funeral directors.
454	454	5. Law enforcement.
455	455	6. The district attorney with jurisdiction, or his or her designee.
456	456	7. Medical professionals, including physicians, physician assistants, and
457	457	nurses.
458	458	8. Emergency medical responders, as defined in s. 256.01 (4p), or emergency
459	459	medical services practitioners, as defined in s. 256.01 (5).
460	460	9. Behavioral health professionals.
461	461	10. Individuals with relevant personal experience.
462	462	11. Education professionals, including school counselors and school
463	463	representatives.
464	464	12. Any other person requested by members of the team.
465	465	(e) A fatality review team shall enter data regarding each reviewable death
466	466	under review into any secure database designated by the department or its
467	467	contracted entity.
468	468	(f) A fatality review team shall assign, as appropriate for the specific type of
469	469	review, a member of the team to complete any standardized form developed by the
470	470	department under sub. (2) (d).
471	471	(4) DISCLOSURE OF INFORMATION; IMMUNITY. (a) Information and records
472	472	provided to or created by a fatality review team are confidential, except as otherwise
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502	502	provided in this section, and are not subject to inspection or copying under s. 19.35.
503	503	Before a member of a fatality review team may participate in the review of a
504	504	reviewable death, the member must sign a copy of the confidentiality agreement
505	505	described under sub. (2) (f) and review the purpose and goals of the fatality review
506	506	team. Any person who is invited to a fatality review team meeting must sign a copy
507	507	of the confidentiality agreement described under sub. (2) (f) before attending or
508	508	participating in the meeting.
509	509	(b) Except as otherwise provided in this section, a member of a fatality review
510	510	team may share information disclosed to the fatality review team regarding a
511	511	reviewable death with other members of that fatality review team or with another
512	512	fatality review team conducting a review of the same individual's death, except that
513	513	the member may not distribute additional, printed copies of any information or
514	514	record that is disclosed to him or her to other members of the member's fatality
515	515	review team.
516	516	(c) Any person participating in the review of a reviewable death by a fatality
517	517	review team, including any member of a fatality review team, a person attending a
518	518	fatality review meeting, or a person who presents information to the fatality review
519	519	team, and any person providing information or records to the fatality review team
520	520	for the purpose of reviewing a reviewable death, may not testify in any civil or
521	521	criminal action as to the information specifically obtained through the person's
522	522	participation in the fatality review team's meeting or to any conclusion of the fatality
523	523	review team regarding a reviewable death. This paragraph does not prohibit a
524	524	person from testifying to information that is obtained independently of a fatality
525	525	review team or that is public information.
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551	551	SECTION 7 ASSEMBLY BILL 188
552	552	(d) A person who attends a fatality review team meeting or presents
553	553	information to a fatality review team is not prohibited under par. (a) or (b) from
554	554	disclosing information or records obtained independently of the review if that
555	555	disclosure is otherwise permitted under state or federal law.
556	556	(e) 1. A fatality review team may disclose information if the disclosure is made
557	557	for the purpose of fulfilling a purpose of the fatality review team and if the
558	558	information meets all of the following criteria:
559	559	a. The information does not contain any information that identifies the names
560	560	or identifying numbers of individuals and does not contain other information for
561	561	which there is reasonable basis to believe that the information could be used to
562	562	identify an individual or entity.
563	563	b. The information does not contain addresses other than zip codes.
564	564	c. The information does not contain dates of birth, death, or incident other than
565	565	the year.
566	566	d. The information does not contain conclusory information attributing fault,
567	567	not including findings or judgments by law enforcement agencies, courts, or child
568	568	welfare agencies.
569	569	2. Any of the following items, if the item does not contain any information that
570	570	would allow the identity of an individual to be ascertained, may be disclosed or
571	571	treated as public information:
572	572	a. Statistical or aggregate compilations of data.
573	573	b. Reports from fatality review teams.
574	574	(f) Information and records provided or obtained in the course of a fatality
575	575	review under this section are not subject to discovery or subpoena in a civil or
576	576	criminal action or an administrative proceeding and are not admissible as evidence
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604	604	SECTION 7
605	605	ASSEMBLY BILL 188
606	606	during the course of a civil or criminal action or an administrative proceeding, except
607	607	that information and records obtained independently of a review under this section
608	608	are not immune from discovery merely because the information or records were
609	609	presented to a fatality review team.
610	610	(g) Any person participating in a fatality review team's meeting under this
611	611	section is immune from any civil or criminal liability for any good faith act or
612	612	omission in connection with providing information or recommendations relevant to
613	613	review of a reviewable death to the fatality review team in accordance with this
614	614	section or any conclusions or recommendations reached by the fatality review team
615	615	made in good faith. The immunity granted under this paragraph applies to persons
616	616	conducting the review as well as persons providing information or records to the
617	617	fatality review team for the meeting. For the purpose of any civil or criminal action,
618	618	any person participating in a review under this section is presumed to be acting in
619	619	good faith.
620	620	(5) MEETINGS. (a) Meetings of a fatality review team shall be closed to the
621	621	public and are not subject to subch. V of ch. 19. A fatality review team may hold a
622	622	public meeting to share summary findings and recommendations of reviews by
623	623	fatality review teams.
624	624	(b) During a public meeting under par. (a), no person may disclose information
625	625	on or agency involvement with any of the following:
626	626	1. A deceased individual.
627	627	2. A family member, guardian, or caretaker of a deceased individual.
628	628	3. An individual convicted of a crime or adjudicated as having committed a
629	629	delinquent act that caused a death or near fatality.
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655	655	SECTION 7 ASSEMBLY BILL 188
656	656	(c) This subsection does not prohibit a fatality review team from requesting the
657	657	attendance at a team meeting of a person who has information relevant to the team's
658	658	exercise of its purpose and duties, provided that any person attending the meeting
659	659	signs the confidentiality agreement as described under sub. (2) (f).
660	660	SECTION 8. 938.396 (1) (a) of the statutes is amended to read:
661	661	938.396 (1) (a) Confidentiality. Law enforcement agency records of juveniles
662	662	shall be kept separate from records of adults. Law enforcement agency records of
663	663	juveniles may not be open to inspection or their contents disclosed except under par.
664	664	(b) or (c), sub. (1j), (2m) (c) 1p., or (10), or s. 250.22 or 938.293 or by order of the court.
665	665	SECTION 9. 938.396 (2) (a) of the statutes is amended to read:
666	666	938.396 (2) (a) Records of the court assigned to exercise jurisdiction under this
667	667	chapter and ch. 48 and of municipal courts exercising jurisdiction under s. 938.17 (2)
668	668	shall be entered in books or deposited in files kept for that purpose only. Those
669	669	records shall not be open to inspection or their contents disclosed except by order of
670	670	the court assigned to exercise jurisdiction under this chapter and ch. 48 or as
671	671	required or permitted under sub. (2g), (2m) (b) or (c), or (10) or s. 250.22.
672	672	SECTION 10. 938.78 (2) (a) of the statutes is amended to read:
673	673	938.78 (2) (a) No agency may make available for inspection or disclose the
674	674	contents of any record kept or information received about an individual who is or was
675	675	in its care or legal custody, except as provided under sub. (2m) or (3) or s. 48.396 (3)
676	676	(bm) or (c) 1r., 250.22, 938.371, 938.38 (5) (b) or (d) or (5m) (d), 938.396 (2m) (c) 1r.,
677	677	938.51, or 938.57 (2m) or by order of the court.
678	678	SECTION 11. 961.385 (2) (cm) 5. of the statutes is created to read:
679	679	961.385 (2) (cm) 5. An overdose fatality review team or a suicide review team
680	680	under s. 250.22 (3) (b) 15.
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708	708	SECTION 12
709	709	ASSEMBLY BILL 188
710	710	SECTION 12.0Effective date.
711	711	(1) This act takes effect on the first day of the 13th month beginning after
712	712	publication.
713	713	(END)
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