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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 870
January 2, 2024 - Introduced by Representatives SINICKI, DRAKE, EMERSON,
JACOBSON, ORTIZ-VELEZ and STUBBS, cosponsored by Senator TAYLOR. Referred
to Committee on Health, Aging and Long-Term Care.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to amend 146.81 (4); and to create 50.373, 146.83 (3f) (b) 3m. and 655.27
(1g) of the statutes; relating to: video recording of surgical procedures,
providing an exemption from emergency rule procedures, granting
rule-making authority, and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill creates a requirement for hospitals, ambulatory surgical centers, or
any other place where surgical procedures are performed (surgical facilities) to offer
surgical patients the option to have their surgical procedures videotaped and
discharge instructions recorded. Surgical facilities must provide notice of the option
and all related procedures and conditions set forth in the bill. For purposes of the
bill, a surgical procedure is one for which a surgical or other invasive procedure is
performed upon a patient under conscious sedation, deep sedation, regional
anesthesia, or general anesthesia. If a patient makes a request to have a surgical
procedure recorded, the bill requires that the surgical facility, or its designee, record
the surgical procedure with both audio and color video. When recording of a surgical
procedure is requested, the facility must continuously record with color video and
audio all activity in the surgical suite from the time preparation for the surgery
begins until all activity related to the surgery, including cleanup, is complete. The
bill requires that the recording must also include any preoperative communication
regarding the surgical procedure between the surgical practitioner and the patient
and any surgical time out, regardless of where those communications take place. If
the surgical patient is incapacitated, the surgical facility is required to provide
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another authorized person with notice of the option for video recording, and that
person may request that a recording be made. Similarly, if the surgical patient is a
minor, the surgical facility must notify a parent, guardian, or legal custodian of the
option for video recording and allow that person to make a request for a recording
on behalf of the minor. A patient may also request that his or her discharge
instructions be recorded. The surgical facility may determine if these instructions
will be videotaped or audiotaped.
The bill also allows a physician or certain other individual who holds a valid
license or other credential that allows him or her to perform surgical procedures and
who is scheduled to perform a surgical patient's surgical procedure to request that
a recording be made. A health care provider who provides the patient with discharge
instructions may also request that those instructions, as provided, be recorded. A
surgical facility must comply with these requests so long as certain conditions are
met, including that the surgical patient or other person authorized to make a
decision on behalf of the patient does not object. Under the bill, in certain limited
emergency circumstances, surgical facilities are not required to provide the option
of recording or to comply with a request for recording. If the facility is not required
to comply with a request for recording of a surgical procedure due to an emergency,
the facility must still provide the patient with the option to have the discharge
instructions recorded.
In return for exercising the option to have a surgical procedure recorded, under
the bill, the surgical patient or another person on behalf of the patient may not
disclose the recording except to limited authorized individuals, unless
confidentiality is waived by the health care provider or surgical practitioner that is
a subject of the video recording. Video recordings of surgical procedures created
under this bill are otherwise treated as patient health care records and are subject
to the same protections as other patient health care records, including all criminal
and civil penalties for improper disclosure or destruction. The bill specifies that, once
a recording is complete, the surgical facility or its designee must preserve the
recording as part of the patient's health care record and keep a separate additional
copy, but delete other copies of the recording from the recording device and
elsewhere. The facility must retain the separate additional copy for at least seven
years after the recording was first made.
Under the bill, a surgical facility may charge a surcharge of up to $25 for each
recording of a surgical procedure. Upon request, the surgical facility must provide
to the patient, person authorized by the patient, or parent, guardian, or legal
custodian of the patient one copy of the recording without an additional charge.
Recordings under this bill are admissible as evidence in any civil or criminal action
or proceeding related to any alleged act or omission depicted in the recording. A
surgical patient may also request up to two free copies of his or her discharge
instructions—one for the patient, and one for another person designated by the
patient.
Under the bill, a surgical patient may complete an advance request for
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complete an advance request for a single specific surgical procedure or set of
discharge instructions, or for all future surgical procedures and discharge
instructions to which provisions of the bill would apply. An advance request must
be completed voluntarily, and must be in writing and signed and dated in the
presence of a witness over the age of 18. The advance request may be revoked at any
time.
The bill provides that a health care provider who knowingly refuses to comply
with a patient request for recording is subject to a forfeiture of up to $25,000 for each
violation. A surgical facility that fails to provide a required notice of the option for
recording, including information regarding the procedures, the fees, the conditions,
the surgical practitioner's request option, and the advance request option, is subject
to a forfeiture of up to $25,000 for each violation. The bill also provides penalties for
interference with an advance request for recording, and for unauthorized disclosure
of a recording.
Under this bill, the Department of Health Services is required to promulgate
rules establishing standards relating to the recording equipment and the recording.
DHS may promulgate additional rules as necessary to implement and administer the
provisions of the bill. The bill also allows DHS to grant limited extensions for
compliance with the requirements of the bill, if a facility provides evidence of a
compelling need, financial or otherwise.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 50.373 of the statutes is created to read:
50.373 Video recording of surgical procedures. (1) DEFINITIONS. In this
section:
(a) “Conscious sedation” is a drug-induced depression of consciousness during
which a patient responds purposefully to verbal commands, either alone or
accompanied by light tactile stimulation.
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(b) “Deep sedation” is a drug-induced depression of consciousness during
which a patient cannot be easily aroused but responds purposefully following
repeated or painful stimulation.
(c) “Discharge instructions” means care instructions provided to a patient at
or near the time of a patient's exit or release from a surgical facility after a surgical
procedure.
(d) “General anesthesia" means a temporary status commonly produced by the
administration of certain intravenous drugs and inhaled gases that cause a patient
to be unconscious and unable to feel pain during a medical procedure.
(e) “Guardian” means the person named by the court having the duty and
authority of guardianship.
(f) “Health care provider" means a person or entity described under s. 146.81
(1) (a) to (p) and includes any surgical facility.
(g) “Incapacitated" means unable to receive and evaluate information
effectively or to communicate decisions to such an extent that an individual lacks the
capacity to manage his or her health care decisions.
(h) “Legal custodian” means a person, other than a parent or guardian, or an
agency to whom legal custody of a child has been transferred by a court, but does not
include a person who has only physical custody of the child.
(i) “Patient health care records" has the meaning given in s. 146.81 (4).
(j) “Regional anesthesia” means the use of local anesthetics to make a specific
part of the body numb to prevent pain and allow for completion of a surgical
procedure.
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(k) “Surgical facility" means a hospital, as defined in s. 50.33 (2), an ambulatory
surgical center, as defined in 42 CFR 416.2, or any other place where a surgical
procedure is performed.
(L) “Surgical patient" means a patient who is scheduled to undergo a surgical
procedure.
(m) “Surgical practitioner" means a physician, surgeon, or osteopath under s.
990.01 (28), an individual licensed to practice dentistry under ch. 447, and any other
individual who holds a valid license or other credential that allows him or her to
perform a surgical procedure.
(n) “Surgical procedure” means a surgical procedure for which a patient is
under conscious sedation, deep sedation, regional anesthesia, or general anesthesia.
“Surgical procedure” includes a colonoscopy or similarly invasive procedure if
performed under conscious sedation, deep sedation, regional anesthesia, or general
anesthesia.
(o) “Surgical time out” means a final verification of details relating to a surgery,
including at least confirmation of a surgical patient's identity, surgical site, and
planned procedure.
(2) OPTION FOR RECORDING. (a) 1. A surgical facility shall provide to a surgical
patient the option to have the surgical facility or the surgical facility's designee make
a video recording of the patient's surgical procedure. For purposes of any recording
of a surgical procedure made under this subdivision, the surgical facility or its
designee shall make a continuous color video recording, including both audio and
video and display of the time and date. The surgical facility or its designee may not
interrupt the video recording within the surgical suite once started. Separate
interactions outside of the surgical suite, including preoperative communications
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and surgical time outs under subd. 2., if outside of the surgical suite, and discharge
instructions under subd. 3., if applicable, may be separately recorded. All areas of
the surgical suite, including entrances and exits, must be in view on the recording
and audible. The surgical facility or its designee shall begin the recording within the
surgical suite of a surgical procedure under this subdivision when preparation of the
surgical suite for that surgical patient's surgical procedure starts and continue the
recording through the period of the cleanup after that procedure and until all activity
in the surgical suite related to the procedure recorded is complete.
2. Any procedure recording made under this subsection shall include a
recording, conforming to the standards described in subd. 1., of any preoperative
communication regarding the surgical procedure between the surgical practitioner
and the surgical patient and any surgical time out, regardless of where the
preoperative communication or surgical time out takes place.
3. A surgical facility shall also provide to a surgical patient the option to have
his or her discharge instructions, as given by the patient's surgical practitioner or
other health care provider, recorded. If a patient chooses to have his or her discharge
instructions recorded, the recording may be audio only or videotaped, including
audio, at the option of the surgical facility.
(b) 1. A surgical facility shall notify a surgical patient of the option to have a
recording made under par. (a) and of the procedures, the fees, the conditions, the
surgical practitioner's request option, and the advance request option.
2. If the surgical patient is a minor child, the surgical facility shall notify the
minor child's parent, guardian, or legal custodian of the option to have a recording
made under par. (a) and of the procedures, the fees, the conditions, the surgical
practitioner's request option, and the advance request option.
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3. If a surgical patient is incapacitated, a surgical facility shall notify a person
authorized by the patient under s. 146.81 (5), if available, or, if not, a relative of the
patient of the option and information under subd. 1. and allow that person to make
a decision regarding whether to have a recording made under par. (a).
(c) A surgical practitioner who is scheduled to participate in a surgical patient's
surgical procedure may request that the procedure be video recorded under the
procedures described in this subsection. The surgical facility shall comply with the
surgical practitioner's request if all of the following are true:
1. The requesting surgical practitioner has informed the surgical patient or, if
the patient is a minor, a parent, guardian, or legal custodian, of the surgical
practitioner's request for video recording and the reason the surgical practitioner
has requested that recording. If the patient is incapacitated, the requesting surgical
practitioner shall inform a person authorized by the patient under s. 146.81 (5), if
available, or, if not, a relative of the patient.
2. The surgical patient or other person informed under subd. 1. does not object
to the video recording.
(d) A patient's surgical practitioner or other health care provider who will
administer a patient's discharge instructions may request that the patient's
discharge instructions, as given by the surgical practitioner or other health care
provider, be recorded under the procedures described in this subsection. The surgical
facility shall comply with the surgical practitioner's or other health care provider's
request if all of the following are true:
1. The requesting surgical practitioner or other health care provider has
informed the patient or, if applicable, a parent, guardian, legal custodian, person
authorized by the patient under s. 146.81 (5), or relative of the patient of the surgical
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practitioner's or health care provider's request for recording and the reason the
surgical practitioner or other health care provider has requested that recording.
2. The surgical patient or, if applicable, the parent, guardian, legal custodian,
person authorized by the patient under s. 146.81 (5), or relative of the patient does
not object to the recording.
(e) 1. Except as otherwise provided under this subsection, no surgical patient
or person on behalf of a surgical patient may disclose, unless the surgical practitioner
or other health care provider that is a subject of the recording waives confidentiality,
the content of a recording created under this section except to health care providers
providing care to the surgical patient, to immediate family members or a person
authorized by the patient under s. 146.81 (5), or to an attorney or an attorney's staff
for the purpose of obtaining legal advice. If legal action relating to the surgical
procedure is taken, the surgical patient or an attorney for the surgical patient may
disclose the recording to additional individuals if necessary for the case, but the
recording shall be filed under seal if permitted by the court. In all other respects,
recordings under this section shall be treated as patient health care records.
2. Notwithstanding the restrictions on disclosure under this paragraph, a
surgical patient or a person on behalf of a surgical patient may disclose a recording
of the surgical patient's discharge instructions made under this section to one or
more persons designated by the surgical patient to assist the surgical patient with
postsurgical care, and one person designated by the surgical patient may receive a
free copy of the recording of the surgical patient's discharge instructions as set forth
under sub. (10).
3. Notwithstanding subds. 1. and 2. and sub. (10), a surgical facility or surgical
practitioner may, if authorization is granted under sub. (3), use a copy of a recording
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created under this section for teaching or research purposes outside the network of
the surgical facility and if the surgical patient's personal identifying information is
redacted or if the surgical patient or other person authorized to request or consent
to a recording under this section on behalf of the patient expressly consents, in
writing, to the use and disclosure. Notwithstanding any other provision of this
section, a surgical facility or surgical practitioner may, if not for teaching or research
purposes outside of the network of the surgical facility, be permitted to use a
recording made under this subsection without informed written confirmation under
sub. (3) if the disclosure is otherwise permitted under s. 146.82 or 146.83.
(3) WRITTEN CONFIRMATION. Before proceeding with a recording under sub. (2),
a surgical facility shall obtain from the surgical patient or other person authorized
to request or consent to a recording under sub. (2) on behalf of the patient,
confirmation, in writing, authorizing the recording of the surgical patient's surgical
procedure. If a surgical facility or surgical practitioner intends to use a recording as
described under sub. (2) (e) 3., the surgical facility shall provide written notice of that
proposed use to the surgical patient or other person authorized to request or consent
to a recording under sub. (2) on behalf of the patient, and obtain written
authorization of that use of the recording.
(4) EQUIPMENT AND TECHNICAL ASSISTANCE. A surgical facility shall have
available appropriate recording equipment and technical assistance as determined
by the department in rules promulgated under sub. (8) to comply with a request for
a recording of a surgical patient's surgical procedure or discharge instructions.
(5) MINORS. If a surgical patient is a minor child, a parent, guardian, or legal
custodian may request that a recording be made of the minor child's surgical
procedure or discharge instructions under sub. (2) (a).
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(6) EXCEPTION FOR EMERGENCIES. (a) Notwithstanding sub. (2), a surgical
facility is not required to provide the option of a video recording of a surgical
procedure or comply with a request for video recording under this section if the
surgical practitioner determines in the exercise of his or her professional judgment
that either of the following is true:
1. Immediate surgery is necessary to avert death.
2. Other circumstances exist such that video recording would cause a delay that
would create a serious risk of substantial and irreversible impairment of one or more
of the surgical patient's bodily functions.
(b) The surgical practitioner or other health care provider at the surgical
facility shall inform the surgical patient or, if applicable, other persons as described
under sub. (2) (b) of the medical indications supporting the surgical practitioner's
reasonable medical judgment that an emergency condition under par. (a) exists.
(c) If a surgical practitioner determines under par. (a) that an emergency exists
such that the surgical facility is not required to comply with a request for video
recording of a surgical procedure, the surgical facility shall provide the surgical
patient or, if applicable, other person under sub. (2) (b), with the option to have the
patient's discharge instructions recorded as provided under sub. (2) (a) 3.
(7) EXTENSIONS FOR FACILITY COMPLIANCE. The department may in its discretion
grant a surgical facility one or more 6-month extensions of the deadline for the
facility to comply with the requirements of this section, but may not grant more than
a total of 6 extensions. In order to qualify for an extension, a surgical facility shall
provide the department with evidence of a compelling need, financial or otherwise,
for additional time for compliance.
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(8) RULES. (a) The department shall promulgate rules establishing standards
for video recording of surgical procedures, recording of discharge instructions, and
the use of recording equipment in surgery and discharge settings to ensure such
recordings are professional and of sufficient quality to accurately portray what takes
place when discharge instructions are given or during a surgical procedure,
including who enters and leaves and a view of the patient without requiring close-up
views of the patient or the surgical procedure itself.
(b) In addition to the rules required under par. (a), the department may
promulgate rules, as necessary, to implement and administer this section, including
rules that address any of the following:
1. Establishing criteria and procedures for providing notice and the option for
recording under sub. (2).
2. Implementing the requirements regarding preservation and destruction of
recordings under sub. (9).
3. Establishing standards, procedures, and forms for advance requests for
recording under sub. (12).
4. Implementing the forfeiture procedures under sub. (14).
(9) PRESERVATION AND DESTRUCTION. (a) After the video recording of a surgical
procedure under this section is complete, the surgical facility shall promptly do all
of the following:
1. Preserve the recording as part of the surgical patient's health care record,
which may include a copy in the patient's health care record and any electronic
backup of health care records kept in the normal course of business.
2. Preserve a separate additional electronic copy of the recording.
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3. Except as provided under subds. 1. and 2., delete copies of the recording from
the recording device or any other electronic device, including any memory card or
flash drive.
(b) The surgical facility shall preserve the copy of the recording in the surgical
patient's health care record, including any backup copy, as it would other records in
the patient's health care record as required by law. The surgical facility or its
designee shall retain the additional copy required under par. (a) 2. for at least 7 years
after the recording was first made.
(10) FEES. A surgical facility may charge a surcharge of up to $25 for each
recording made of a surgical procedure or discharge instructions to offset the costs
of creating and providing a recording. The surgical facility shall provide, upon
request by the surgical patient, a person authorized by the surgical patient under s.
146.81 (5), or a parent, guardian, or legal custodian of a minor surgical patient, one
copy of each recording made under sub. (2) (a) 1. for which a request is made without
additional charge. The surgical facility shall provide to the surgical patient, upon
request by the surgical patient, one free copy of the discharge instructions for the
surgical patient and up to one additional free copy of the discharge instructions for
another person designated by the surgical patient. The surgical facility may charge
fees as described under s. 146.83 (3f) (b) 3m. for additional copies of the recordings.
(11) ADMISSIBILITY OF RECORDING. For purposes of admissibility in a civil or
criminal action or proceeding, a recording created under this section is a patient
health care record under s. 146.81 and shall be treated as a health care record under
ss. 908.03 (6m) and 909.02 (11). If certified by an appropriate record custodian,
recordings under this section shall be admissible as evidence in any civil or criminal
action or proceeding related to any alleged act or omission depicted in the recording.
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(12) ADVANCE REQUESTS FOR RECORDING. (a) Definition. In this subsection,
“principal" means an individual who executes an advance request for surgical
procedure recording instrument.
(b) Advance requests for recording. 1. An individual who is of sound mind and
has attained age 18 may voluntarily execute an advance request for surgical
procedure recording instrument. An individual for whom an adjudication of
incompetence and appointment of a guardian of the individual is in effect in this state
is presumed not to be of sound mind for purposes of this subsection and for executing
an advance request for surgical procedure recording instrument.
2. The desires of a principal who is not incapacitated supersede the effect of his
or her advance request for surgical procedure recording instrument at all times.
3. The department shall prepare and provide copies of an advance request for
surgical procedure recording instrument and accompanying information for
distribution in quantities to health care professionals, hospitals and other surgical
facilities, county clerks, and local bar associations and individually to private
persons. The department shall determine the form of the request form and
accompanying instructions. The department shall include on the form an option for
requesting the recording of a specific, single surgical procedure, an option for
requesting the recording of discharge instructions after a surgical procedure, an
option for requesting the recording of all future surgical procedures under this
section, and an option for requesting the recording of discharge instructions after all
future surgical procedures under this section. The department shall also include on
the form a statement to the effect that a principal who exercises the option for
recording agrees that, unless the surgical practitioner involved waives
confidentiality, a recording created under this section is confidential and the
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principal or a person on behalf of the principal may disclose it only to health care
providers providing care to the principal, to immediate family members or a person
authorized by the patient under s. 146.81 (5), or to an attorney or an attorney's staff
for the purpose of obtaining legal advice, and if legal action relating to the surgical
procedure is taken, the principal or an attorney on behalf of the principal may
disclose the recording to additional individuals if necessary for the case, but it must
be filed under seal if permitted by the court. The form shall also include a statement
that the principal or a person on behalf of a principal may disclose the principal's
discharge instructions to one or more persons designated by the principal to assist
with postsurgical care, and a statement that a surgical facility or surgical
practitioner may, if express authorization is granted by the principal in writing, use
a copy of a recording for teaching or research purposes outside of the network of the
surgical facility if the principal's personal identifying information is redacted or if
the principal or other person authorized on behalf of the principal expressly
consents, in writing, to the use and disclosure.
(c) Advance request for recording; execution. A valid advance request for
surgical procedure recording instrument shall be all of the following:
1. In writing.
2. Dated and signed by the principal or by an individual who has attained age
18 at the express direction and in the presence of the principal.
3. Signed in the presence of a witness who is an individual who has attained
age 18.
4. Voluntarily executed.
(d) Revocation. A principal may revoke his or her advance request for surgical
procedure recording instrument at any time by doing any of the following:
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1. Canceling, defacing, obliterating, burning, tearing, or otherwise destroying
the advance request for surgical procedure recording instrument or directing
another in the presence of the principal to so destroy the advance request for surgical
procedure recording instrument.
2. Executing a statement, in writing, that is signed and dated by the principal,
expressing the principal's intent to revoke the advance request for surgical procedure
recording instrument.
3. Verbally expressing the desire to revoke the advance request for surgical
procedure recording instrument in the presence of a witness.
4. Executing a subsequent advance request for surgical procedure recording
instrument that replaces an existing advance request for surgical procedure
recording instrument.
(13) PENALTIES. (a) Except as provided under sub. (6), a surgical practitioner
or other health care provider who knowingly refuses to comply with a surgical
patient's request to have his or her surgical procedure or discharge instructions
recorded may be subject to a forfeiture of not more than $25,000 for each violation.
(b) Except as provided under sub. (6), a surgical facility that fails to provide a
notice required under sub. (2) (b) may be subject to a forfeiture of not more than
$25,000 for each violation.
(c) 1. Any person who negligently interferes with or violates a surgical patient's
advance request for surgical procedure recording instrument created under sub. (12)
without the consent of the principal shall be subject to a fine of at least $500 but not
more than $1,000.
2. Any person who intentionally interferes with or violates a surgical patient's
advance request for surgical procedure recording instrument created under sub.
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(12), including intentionally concealing, canceling, defacing, obliterating, damaging,
or destroying the instrument without the consent of the principal may be fined not
more than $5,000.
(d) 1. For purposes of this paragraph, “disclosure” means to effect the provision
of access to, or the release, transfer, or divulging in any manner of, information
outside those persons or entities authorized under in this section.
2. Except as otherwise authorized under this section, if a surgical practitioner
or other health care provider discloses a recording made under this section, the
standards and penalties for violations relating to patient health care records
described under s. 146.84 shall apply.
3. A surgical patient, or another person on behalf of a surgical patient, who
intentionally discloses a recording made under this section in violation of sub. (2) (e)
may be fined not more than $3,000 per violation. If a person affirmatively discloses
a recording made under this section on a social media platform, that disclosure shall
constitute a single violation, regardless of whether the disclosure is subsequently
redisclosed by other social media participants. Each subsequent disclosure on a
separate platform shall be considered a separate violation.
4. Whoever threatens, with intent to extort money or any pecuniary advantage
whatsoever, or with intent to compel the person so threatened to do any act against
the person's will, to disseminate or to communicate to anyone, or, except as otherwise
authorized under this section, does disseminate or communicate to anyone,
information related to a recording under this section is guilty of a Class I felony. For
the purpose of this subdivision, “information" has the meaning given in s. 943.31.
(14) FORFEITURE PROCEDURE. (a) The department may directly assess
forfeitures provided for under sub. (13). If the department determines that a
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forfeiture should be assessed for a particular violation, the department shall send a
notice of assessment to the violator. The notice shall specify the amount of the
forfeiture assessed and the violation and the statute or rule alleged to have been
violated, and shall inform the violator of the right to a hearing under par. (b).
(b) A violator may contest an assessment of a forfeiture by sending, within 30
days after receipt of notice under par. (a), a written request for a hearing under s.
227.44 to the division of hearings and appeals created under s. 15.103 (1). The
administrator of the division may designate a hearing examiner to preside over the
case and recommend a decision to the administrator under s. 227.46. The decision
of the administrator of the division shall be the final administrative decision. The
division shall commence the hearing within 60 days after receipt of the request for
a hearing and shall issue a final decision within 30 days after the close of the hearing.
Proceedings before the division are governed by ch. 227. In any petition for judicial
review of a decision by the division, the party, other than the petitioner, who was in
the proceeding before the division shall be the named respondent.
(c) All forfeitures shall be paid to the department within 30 days after receipt
of notice of assessment or, if the forfeiture is contested under par. (b), within 30 days
after receipt of the final decision after exhaustion of administrative review, unless
the final decision is appealed and the order is stayed by court order. The department
shall remit all forfeitures paid to the secretary of administration for deposit in the
injured patients and families compensation fund under s. 655.27.
(d) The attorney general may bring an action in the name of the state to collect
any forfeiture imposed under sub. (13) if the forfeiture has not been paid following
the exhaustion of all administrative and judicial reviews. The only issue to be
contested in any such action shall be whether the forfeiture has been paid.
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SECTION 2. 146.81 (4) of the statutes is amended to read:
146.81 (4) “Patient health care records" means all records related to the health
of a patient prepared by or under the supervision of a health care provider; all
recordings under s. 50.373 related to a surgical patient; and all records made by an
ambulance service provider, as defined in s. 256.01 (3), an emergency medical
services practitioner, as defined in s. 256.01 (5), or an emergency medical responder,
as defined in s. 256.01 (4p), in administering emergency care procedures to and
handling and transporting sick, disabled, or injured individuals. “Patient health
care records" includes billing statements and invoices for treatment or services
provided by a health care provider and includes health summary forms prepared
under s. 302.388 (2). “Patient health care records" does not include those records
subject to s. 51.30, reports collected under s. 69.186, records of tests administered
under s. 252.15 (5g) or (5j), 343.305, 938.296 (4) or (5) or 968.38 (4) or (5), records
related to sales of pseudoephedrine products, as defined in s. 961.01 (20c), that are
maintained by pharmacies under s. 961.235, fetal monitor tracings, as defined under
s. 146.817 (1), or a pupil's physical health records maintained by a school under s.
118.125.
SECTION 3. 146.83 (3f) (b) 3m. of the statutes is created to read:
146.83 (3f) (b) 3m. Except as provided in s. 50.373, for a copy of a recording of
a surgical procedure or discharge instructions, $25 per copy.
SECTION 4. 655.27 (1g) of the statutes is created to read:
655.27 (1g) DEPOSIT OF FORFEITURES. Forfeitures paid under s. 50.373 (13) shall
be deposited in the fund under sub. (1).
SECTION 5.0Nonstatutory provisions.
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SECTION 5
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(1) EMERGENCY RULES. Using the procedure under s. 227.24, the department of
health services shall promulgate the rules required under s. 50.373 for the period
before the effective date of the permanent rules promulgated under s. 50.373 but not
to exceed the period authorized under s. 227.24 (1) (c), subject to extension under s.
227.24 (2). Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), the department of health
services is not required to provide evidence that promulgating a rule under this
subsection as an emergency rule is necessary for the preservation of the public peace,
health, safety, or welfare and is not required to provide a finding of emergency for a
rule promulgated under this subsection. Notwithstanding s. 227.24 (1) (e) 1d., the
department of health services is not required to prepare a statement of the scope of
the rules promulgated under this subsection. Notwithstanding s. 227.24 (1) (e) 1g.,
the department of health services is not required to present the rules promulgated
under this subsection to the governor for approval.
SECTION 6.0Effective dates. This act takes effect on the first day of the 13th
month beginning after publication, except as follows:
(1) SECTION 5 (1) of this act takes effect on the day after publication.
(END)
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