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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 188
April 20, 2023 - Introduced by JOINT LEGISLATIVE COUNCIL. Referred to Committee
on Health, Aging and Long-Term Care.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to amend 48.396 (1), 48.396 (2) (a), 48.78 (2) (a), 48.981 (7) (a) 15.,
938.396 (1) (a), 938.396 (2) (a) and 938.78 (2) (a); and to create 51.30 (4) (b) 29.,
146.82 (2) (d), 250.22 and 961.385 (2) (cm) 5. of the statutes; relating to:
fatality review teams and granting rule-making authority.
Analysis by the Legislative Reference Bureau
This bill is explained in the NOTES provided by the Joint Legislative Council in
the bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
JOINT LEGISLATIVE COUNCIL PREFATORY NOTE: This bill was prepared for the Joint
Legislative Council Study Committee on Uniform Death Reporting Standards.
Current law does not address fatality review teams, though several types of such
teams currently exist in Wisconsin based on voluntary efforts primarily organized by
counties, with state-level technical assistance available for certain types of teams. The
bill establishes fatality review teams under state law.
Under the bill, a fatality review team is defined as a multidisciplinary and
multiagency team reviewing one or more types of death among children or adults and
developing recommendations to prevent future deaths of similar circumstances. The bill
generally governs a team's responsibilities, ability to access certain records,
confidentiality requirements, and disclosure of information.
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Duties and Authority of the Department of Health Services (DHS)
Under the bill, DHS must establish a fatality review program comprised of local
fatality review teams established at the option of a county, a local health department, or
a tribal health department, or a combination of these entities. The bill also authorizes,
but does not require, DHS to create state fatality review teams.
The bill requires DHS to perform various duties, in consultation with other state
agencies as appropriate, such as: (1) facilitate local team development; (2) identify
training needs and make available training resources; (3) provide technical assistance
and support; (4) in the absence of a local team or upon request, assign review of deaths
to a state fatality review team, if established; (5) educate the public on causes and
recommendations for prevention of reviewable deaths; and (6) provide information to the
legislature, state agencies, and local communities on the need for modifications to law,
policy, or practice. The bill allows DHS to contract with an entity to perform any of its
duties under the bill.
Under the bill, DHS must create and make available to fatality review teams a
confidentiality agreement for use by team members to ensure confidentiality consistent
with the bill's provisions. The bill requires DHS to promulgate administrative rules to
develop and implement a standardized form for review of suicide deaths, and allows DHS
to promulgate rules to develop and implement standardized forms for other types of
reviewable deaths. The bill further grants general rule-making authority to DHS to
implement the bill's provisions.
Fatality Review Teams
The bill contains general provisions governing any type of fatality review team.
The bill identifies examples of the types of deaths that may constitute a reviewable death,
including those caused by unintentional injury, overdose, suicide, and homicide, among
other causes. The bill also provides a non-exhaustive list of potential team members.
Under the bill, a fatality review team has the purpose of gathering information
about reviewable deaths to examine risk factors and understand how deaths may be
prevented, through identifying recommendations for cross-sector, system-level policy
and practice changes, and promoting cooperation and coordination among the agencies
involved in understanding causes of reviewable deaths or in providing services to
surviving family members.
If established, each fatality review team must: (1) establish and implement team
protocols; (2) collect and maintain data; (3) create strategies and track implementation
of prevention recommendations; and (4) evaluate the team's process, interagency
collaboration, and implementation of recommendations. The bill requires teams to
assign, as appropriate for a specific review, a team member to complete any standardized
form developed by DHS, and to enter data regarding each reviewable death into any
secure database designated by DHS or its contracted entity.
Record Access and Confidentiality
The bill authorizes a fatality review team to access records from a variety of
sources, such as certain state agencies, law enforcement, medical examiners and
coroners, health care providers, human service agencies, schools, and the prescription
drug monitoring program, among others, subject to certain restrictions under the bill and
current law.
Information and records provided to or created by a fatality review team are
confidential, subject to limited exceptions provided under the bill, and are not subject to
Wisconsin's public records laws. The bill requires team members, and other individuals
invited to attend a team meeting, to sign a confidentiality agreement before participating
in or attending a fatality review team meeting. The bill prohibits team members, persons
in attendance at team meetings, and others providing records to teams from testifying
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The bill authorizes disclosure of information if such disclosure serves a team's
purpose and certain other conditions are met, such as the information does not allow for
identification of individuals and does not contain conclusory information attributing
fault. The bill further specifies that a team's information and records are not subject to
discovery or subpoena, or admissible as evidence, in a civil or criminal action, unless
obtained independently from a team's review. The bill also provides that a person
participating in a fatality review team is immune from civil or criminal liability for any
good faith act or omission in connection with providing information or recommendations.
The bill exempts fatality review team meetings from Wisconsin's open meetings
law. However, the bill allows for public meetings to share summary findings and
recommendations, but limits the types of information that may be disclosed in public
meetings.
SECTION 1. 48.396 (1) of the statutes is amended to read:
48.396 (1) Law enforcement officers' records of children shall be kept separate
from records of adults. Law enforcement officers' records of the adult expectant
mothers of unborn children shall be kept separate from records of other adults. Law
enforcement officers' records of children and the adult expectant mothers of unborn
children shall not be open to inspection or their contents disclosed except under sub.
(1b), (1d), (5), or (6) or s. 48.293 or, 250.22, or 938.396 (2m) (c) 1p. or by order of the
court. This subsection does not apply to the representatives of newspapers or other
reporters of news who wish to obtain information for the purpose of reporting news
without revealing the identity of the child or adult expectant mother involved, to the
confidential exchange of information between the police and officials of the public or
private school attended by the child or other law enforcement or social welfare
agencies, or to children 10 years of age or older who are subject to the jurisdiction of
the court of criminal jurisdiction. A public school official who obtains information
under this subsection shall keep the information confidential as required under s.
118.125, and a private school official who obtains information under this subsection
shall keep the information confidential in the same manner as is required of a public
school official under s. 118.125. This subsection does not apply to the confidential
exchange of information between the police and officials of the tribal school attended
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by the child if the police determine that enforceable protections are provided by a
tribal school policy or tribal law that requires tribal school officials to keep the
information confidential in a manner at least as stringent as is required of a public
school official under s. 118.125. A law enforcement agency that obtains information
under this subsection shall keep the information confidential as required under this
subsection and s. 938.396 (1) (a). A social welfare agency that obtains information
under this subsection shall keep the information confidential as required under ss.
48.78 and 938.78.
SECTION 2. 48.396 (2) (a) of the statutes is amended to read:
48.396 (2) (a) Records of the court assigned to exercise jurisdiction under this
chapter and ch. 938 and of courts exercising jurisdiction under s. 48.16 shall be
entered in books or deposited in files kept for that purpose only. Those records shall
not be open to inspection or their contents disclosed except by order of the court
assigned to exercise jurisdiction under this chapter and ch. 938 or as required or
permitted under this subsection, sub. (3) (b) or (c) 1g., 1m., or 1r. or (6), or s. 48.375
(7) (e) or 250.22.
SECTION 3. 48.78 (2) (a) of the statutes is amended to read:
48.78 (2) (a) No agency may make available for inspection or disclose the
contents of any record kept or information received about an individual who is or was
in its care or legal custody, except as provided under sub. (2m) or s. 48.371, 48.38 (5)
(b) or (d) or (5m) (d), 48.396 (3) (bm) or (c) 1r., 48.432, 48.433, 48.48 (17) (bm), 48.57
(2m), 48.66 (6), 48.93, 48.981 (7), 250.22, 938.396 (2m) (c) 1r., 938.51, or 938.78 or by
order of the court.
SECTION 4. 48.981 (7) (a) 15. of the statutes is amended to read:
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48.981 (7) (a) 15. A fatality review team established under s. 250.22, a child
fatality review team recognized by the county department, or, in a county having a
population of 750,000 or more, the department or a licensed child welfare agency
under contract with the department.
SECTION 5. 51.30 (4) (b) 29. of the statutes is created to read:
51.30 (4) (b) 29. To an authorized member of a fatality review team established
under s. 250.22. The recipient of any treatment records under this subdivision shall
keep the records confidential in accordance with s. 250.22.
SECTION 6. 146.82 (2) (d) of the statutes is created to read:
146.82 (2) (d) Notwithstanding sub. (1), patient health care records may be
released, upon request, to a fatality review team, as defined in s. 250.22 (1) (a), acting
as a public health authority for the purpose of reviewing a death as described under
s. 250.22. Records that may be released under this paragraph for the public health
purposes under s. 250.22 may be disclosed to a fatality review team only in
accordance with that section, and the recipient of any records released shall keep the
records confidential.
SECTION 7. 250.22 of the statutes is created to read:
250.22 Fatality review teams. (1) DEFINITIONS. In this section:
(a) “Fatality review team” means a multidisciplinary and multiagency team
examining one or more types of reviewable death among children or adults and
developing recommendations to prevent future deaths of similar circumstances.
(b) “Local fatality review team” means a fatality review team that examines
reviewable deaths from a specific county or counties. A “local fatality review team”
may include a team formed by a collaboration of two or more counties, local health
departments, or tribal health departments.
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(c) “State fatality review team” means a fatality review team that examines
reviewable deaths of residents across the state.
(d) “Reviewable death” includes a death for which any of the following has been
determined to be the cause of death:
1. Undetermined.
2. Unintentional injury.
3. Suicide.
4. Homicide.
5. Motor vehicle incident.
6. Overdose death.
7. Child abuse or neglect.
8. Sudden unexpected death.
9. Stillbirth.
10. Fetal death or infant death.
(2) DEPARTMENT DUTIES AND AUTHORITY. (a) The department shall establish a
fatality review program comprised of local fatality review teams established at the
option of a county, a local health department, a tribal health department, or a
combination of these entities. The department may also establish a state fatality
review team.
(b) In coordination with the department of justice, the department of children
and families, or other state agencies, as appropriate, the department shall do all of
the following:
1. Facilitate the development of local fatality review teams under this section.
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2. Identify training needs and make training resources available to local
fatality review teams, statewide professional organizations, advocacy groups, and
others.
3. Respond to requests from local fatality review teams and provide any
necessary technical assistance and support.
4. Upon request of a local fatality review team, or if a county does not have a
fatality review team, assign review of deaths to a state fatality review team, if
established.
5. Provide information to the legislature, state agencies, and local communities
on the need for modifications to law, policy, or practice.
(c) The department may enter into a contract with an entity to perform any of
the department's duties under this section.
(d) The department shall promulgate rules to develop and implement a
standardized form for use by fatality review teams when reviewing suicide deaths.
The department may promulgate rules to develop and implement standardized
forms for use by fatality review teams when reviewing other types of reviewable
deaths.
(e) The department may educate the public regarding the incidence and causes
of reviewable deaths, including recommendations that identify needed policy
changes or action to prevent future deaths.
(f) The department or its contracted entity shall create and make available to
fatality review teams a confidentiality agreement to be used by fatality review team
members to ensure confidentiality consistent with this section.
(g) The department may promulgate rules to implement this section.
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(3) FATALITY REVIEW TEAMS; PURPOSE, DUTIES, MEMBERSHIP, AND RECORD ACCESS. (a)
Fatality review teams shall have the purpose of gathering information concerning
reviewable deaths to examine the risk factors and circumstances leading to
reviewable deaths and understand how the deaths could have been prevented
through all of the following:
1. Identification of recommendations for cross-sector, system-level policy and
practice changes to address the identified risk factors and prevent future reviewable
deaths.
2. Promotion of cooperation and coordination among agencies involved in
understanding the causes of reviewable deaths or in providing services to surviving
family members.
(b) 1. If established, each fatality review team shall do all of the following:
a. Establish and implement a protocol for the fatality review team and, to the
extent the department or its contracted entity is involved with the type of review
undertaken, consult with the department or its contracted entity regarding the
protocol.
b. Collect and maintain data to the extent requested by the department or its
contracted entity for the type of review undertaken.
c. Create strategies and make and track the implementation of
recommendations for the prevention and reduction of reviewable deaths in the area
served by the fatality review team.
d. Evaluate the fatality review team's review process, interagency
collaboration, and development and implementation of recommendations to ensure
adherence to the purpose described in par. (a).
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2. A fatality review team may address a reviewable death that occurred in the
area served by the fatality review team or that relates to a resident of the area served
by the fatality review team if the incident or death occurred elsewhere in the state.
(c) When conducting a fatality review under this section, a fatality review team
may be provided with information from the records held by any of the following, if
the records pertain to a person or incident within the scope of the review:
1. The department of health services or a local health department.
2. The department of children and families.
3. A law enforcement agency.
4. A medical examiner or coroner.
5. A treatment provider for substance use or mental health.
6. A hospital or health care provider.
7. Emergency medical services, including a fire department.
8. A Women, Infants, and Children program under s. 253.06.
9. The department of corrections.
10. A district attorney's office.
11. A circuit or municipal court.
12. A social services agency.
13. Child protective services.
14. A school or university.
15. If the fatality review team is an overdose fatality review team or a suicide
fatality review team, prescription drug monitoring program records.
16. Any other agency or organization identified as necessary for the review by
a specific fatality review team.
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(d) If established, the members of a fatality review team may include any of the
following types of individuals, organizations, agencies, and areas of expertise:
1. Public health.
2. Tribal health centers.
3. Medical examiners and coroners.
4. Funeral directors.
5. Law enforcement.
6. The district attorney with jurisdiction, or his or her designee.
7. Medical professionals, including physicians, physician assistants, and
nurses.
8. Emergency medical responders, as defined in s. 256.01 (4p), or emergency
medical services practitioners, as defined in s. 256.01 (5).
9. Behavioral health professionals.
10. Individuals with relevant personal experience.
11. Education professionals, including school counselors and school
representatives.
12. Any other person requested by members of the team.
(e) A fatality review team shall enter data regarding each reviewable death
under review into any secure database designated by the department or its
contracted entity.
(f) A fatality review team shall assign, as appropriate for the specific type of
review, a member of the team to complete any standardized form developed by the
department under sub. (2) (d).
(4) DISCLOSURE OF INFORMATION; IMMUNITY. (a) Information and records
provided to or created by a fatality review team are confidential, except as otherwise
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provided in this section, and are not subject to inspection or copying under s. 19.35.
Before a member of a fatality review team may participate in the review of a
reviewable death, the member must sign a copy of the confidentiality agreement
described under sub. (2) (f) and review the purpose and goals of the fatality review
team. Any person who is invited to a fatality review team meeting must sign a copy
of the confidentiality agreement described under sub. (2) (f) before attending or
participating in the meeting.
(b) Except as otherwise provided in this section, a member of a fatality review
team may share information disclosed to the fatality review team regarding a
reviewable death with other members of that fatality review team or with another
fatality review team conducting a review of the same individual's death, except that
the member may not distribute additional, printed copies of any information or
record that is disclosed to him or her to other members of the member's fatality
review team.
(c) Any person participating in the review of a reviewable death by a fatality
review team, including any member of a fatality review team, a person attending a
fatality review meeting, or a person who presents information to the fatality review
team, and any person providing information or records to the fatality review team
for the purpose of reviewing a reviewable death, may not testify in any civil or
criminal action as to the information specifically obtained through the person's
participation in the fatality review team's meeting or to any conclusion of the fatality
review team regarding a reviewable death. This paragraph does not prohibit a
person from testifying to information that is obtained independently of a fatality
review team or that is public information.
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(d) A person who attends a fatality review team meeting or presents
information to a fatality review team is not prohibited under par. (a) or (b) from
disclosing information or records obtained independently of the review if that
disclosure is otherwise permitted under state or federal law.
(e) 1. A fatality review team may disclose information if the disclosure is made
for the purpose of fulfilling a purpose of the fatality review team and if the
information meets all of the following criteria:
a. The information does not contain any information that identifies the names
or identifying numbers of individuals and does not contain other information for
which there is reasonable basis to believe that the information could be used to
identify an individual or entity.
b. The information does not contain addresses other than zip codes.
c. The information does not contain dates of birth, death, or incident other than
the year.
d. The information does not contain conclusory information attributing fault,
not including findings or judgments by law enforcement agencies, courts, or child
welfare agencies.
2. Any of the following items, if the item does not contain any information that
would allow the identity of an individual to be ascertained, may be disclosed or
treated as public information:
a. Statistical or aggregate compilations of data.
b. Reports from fatality review teams.
(f) Information and records provided or obtained in the course of a fatality
review under this section are not subject to discovery or subpoena in a civil or
criminal action or an administrative proceeding and are not admissible as evidence
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during the course of a civil or criminal action or an administrative proceeding, except
that information and records obtained independently of a review under this section
are not immune from discovery merely because the information or records were
presented to a fatality review team.
(g) Any person participating in a fatality review team's meeting under this
section is immune from any civil or criminal liability for any good faith act or
omission in connection with providing information or recommendations relevant to
review of a reviewable death to the fatality review team in accordance with this
section or any conclusions or recommendations reached by the fatality review team
made in good faith. The immunity granted under this paragraph applies to persons
conducting the review as well as persons providing information or records to the
fatality review team for the meeting. For the purpose of any civil or criminal action,
any person participating in a review under this section is presumed to be acting in
good faith.
(5) MEETINGS. (a) Meetings of a fatality review team shall be closed to the
public and are not subject to subch. V of ch. 19. A fatality review team may hold a
public meeting to share summary findings and recommendations of reviews by
fatality review teams.
(b) During a public meeting under par. (a), no person may disclose information
on or agency involvement with any of the following:
1. A deceased individual.
2. A family member, guardian, or caretaker of a deceased individual.
3. An individual convicted of a crime or adjudicated as having committed a
delinquent act that caused a death or near fatality.
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(c) This subsection does not prohibit a fatality review team from requesting the
attendance at a team meeting of a person who has information relevant to the team's
exercise of its purpose and duties, provided that any person attending the meeting
signs the confidentiality agreement as described under sub. (2) (f).
SECTION 8. 938.396 (1) (a) of the statutes is amended to read:
938.396 (1) (a) Confidentiality. Law enforcement agency records of juveniles
shall be kept separate from records of adults. Law enforcement agency records of
juveniles may not be open to inspection or their contents disclosed except under par.
(b) or (c), sub. (1j), (2m) (c) 1p., or (10), or s. 250.22 or 938.293 or by order of the court.
SECTION 9. 938.396 (2) (a) of the statutes is amended to read:
938.396 (2) (a) Records of the court assigned to exercise jurisdiction under this
chapter and ch. 48 and of municipal courts exercising jurisdiction under s. 938.17 (2)
shall be entered in books or deposited in files kept for that purpose only. Those
records shall not be open to inspection or their contents disclosed except by order of
the court assigned to exercise jurisdiction under this chapter and ch. 48 or as
required or permitted under sub. (2g), (2m) (b) or (c), or (10) or s. 250.22.
SECTION 10. 938.78 (2) (a) of the statutes is amended to read:
938.78 (2) (a) No agency may make available for inspection or disclose the
contents of any record kept or information received about an individual who is or was
in its care or legal custody, except as provided under sub. (2m) or (3) or s. 48.396 (3)
(bm) or (c) 1r., 250.22, 938.371, 938.38 (5) (b) or (d) or (5m) (d), 938.396 (2m) (c) 1r.,
938.51, or 938.57 (2m) or by order of the court.
SECTION 11. 961.385 (2) (cm) 5. of the statutes is created to read:
961.385 (2) (cm) 5. An overdose fatality review team or a suicide review team
under s. 250.22 (3) (b) 15.
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SECTION 12.0Effective date.
(1) This act takes effect on the first day of the 13th month beginning after
publication.
(END)
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