Wisconsin § 252.15 - Restrictions on use of an HIV test.

§ 252.15. Restrictions on use of an HIV test.

252.15(1) (1) Definitions. In this section: 252.15(1)(ac) (ac) “Authorized representative” means any of the following: 252.15(1)(ac)1. 1. A health care agent, as defined under s. 155.01 (4) , acting in accordance with a power of attorney for health care that is in effect under s. 155.05 (2) . 252.15(1)(ac)2. 2. A person named by the court under ch. 48 or 54 or ch. 880 , 2003 stats., having the duty and authority of guardianship. 252.15(1)(ac)3. 3. A parent or legal custodian of a person who is under 14 years of age. 252.15(1)(ac)4. 4. For a person who is unable to communicate due to a medical condition, the person’s closest living relative or another individual with whom the person has a meaningful social and emotional relationship. 252.15(1)(ad) (ad) “Correctional officer” has the meaning given in s. 301.28 (1) . 252.15(1)(af) (af) “Emergency medical services practitioner” has the meaning given in s. 256.01 (5) . 252.15(1)(aj) (aj) “Fire fighter” has the meaning given in s. 102.475 (8) (b) . 252.15(1)(am) (am) “Health care professional” means a physician, physician assistant, or nurse. 252.15(1)(ar) (ar) “Health care provider” means any of the following: 252.15(1)(ar)1. 1. A person or entity that is specified in s. 146.81 (1) (a) to (hm) and (i) to (p) . 252.15(1)(ar)2. 2. A home health agency. 252.15(1)(ar)3. 3. An employee of the Mendota Mental Health Institute or the Winnebago Mental Health Institute. 252.15(1)(cm) (cm) “Home health agency” has the meaning given in s. 50.49 (1) (a) . 252.15(1)(eg) (eg) “Relative” means a spouse, parent, grandparent, stepparent, brother, sister, first cousin, nephew or niece; or uncle or aunt within the 3rd degree of kinship as computed under s. 990.001 (16) . This relationship may be by blood, marriage or adoption. 252.15(1)(em) (em) “Significant exposure” means contact that carries a potential for a transmission of HIV, by one or more of the following: 252.15(1)(em)1. 1. Transmission, into a body orifice or onto mucous membrane, of blood; semen; vaginal secretions; cerebrospinal, synovial, pleural, peritoneal, pericardial or amniotic fluid; or other body fluid that is visibly contaminated with blood. 252.15(1)(em)2. 2. Exchange, during the accidental or intentional infliction of a penetrating wound, including a needle puncture, of blood; semen; vaginal secretions; cerebrospinal, synovial, pleural, peritoneal, pericardial or amniotic fluid; or other body fluid that is visibly contaminated with blood. 252.15(1)(em)3. 3. Exchange, into an eye, an open wound, an oozing lesion, or where a significant breakdown in the epidermal barrier has occurred, of blood; semen; vaginal secretions; cerebrospinal, synovial, pleural, peritoneal, pericardial or amniotic fluid; or other body fluid that is visibly contaminated with blood. 252.15(1)(em)6. 6. Other routes of exposure, defined as significant in rules promulgated by the department. The department in promulgating the rules shall consider all potential routes of transmission of HIV identified by the centers for disease control of the federal public health service. 252.15(1)(er) (er) “Social worker” means an individual who is a social worker, advanced practice social worker, independent social worker, or clinical social worker, as those terms are defined in subch. I of ch. 457 . 252.15(1)(fm) (fm) “Standard precautions” means measures that a health care provider, an employee of a health care provider or other individual takes in accordance with recommendations of the federal centers for disease control for the health care provider, employee or other individual for prevention of HIV transmission in health-care settings. 252.15(2m) (2m) Consent for HIV testing. 252.15(2m)(a) (a) Except as provided in par. (b) , and subject to par. (c) , a health care provider, blood bank, blood center, or plasma center may not subject a person to an HIV test unless all of the following conditions are satisfied: 252.15(2m)(a)1. 1. The health care provider, blood bank, blood center, or plasma center notifies the person or the person’s authorized representative that the person will be subjected to an HIV test unless the person or the person’s authorized representative declines the test. 252.15(2m)(a)2. 2. The health care provider, blood bank, blood center, or plasma center offers the person or the person’s authorized representative a brief oral or written explanation or description of HIV infection; HIV test results; requirements under subs. (7) (b) and (7m) for reporting HIV test results; treatment options for a person who has a positive HIV test result; and services provided by AIDS service organizations, as defined in s. 252.12 (1) (b) , and other community-based organizations for persons who have a positive HIV test result. 252.15(2m)(a)3. 3. If a health care provider offers to perform an HIV test, the health care provider notifies the person or the person’s authorized representative that the person or the person’s authorized representative may decline the HIV test and that, if the person or the person’s authorized representative declines the HIV test, the health care provider may not use the fact that the person declined an HIV test as a basis for denying services or treatment, other than an HIV test, to the person. 252.15(2m)(a)4. 4. The health care provider, blood bank, blood center, or plasma center provides the person or the person’s authorized representative an opportunity to ask questions and to decline the HIV test. 252.15(2m)(a)5. 5. After complying with applicable conditions under subds. 1. to 4. , the health care provider, blood bank, blood center, or plasma center verifies that the person or the person’s authorized representative understands that an HIV test will be performed on the person and that the decision of the person or the person’s authorized representative regarding whether to have an HIV test performed is not coerced or involuntary. 252.15(2m)(b) (b) Paragraph (a) does not apply to any of the following: 252.15(2m)(b)1. 1. HIV testing of any body fluid or tissue that is performed by the department, a laboratory certified under 42 USC 263a , or a health care provider, blood bank, blood center, or plasma center for the purpose of research, if the testing is performed in a manner by which the identity of the test subject is not known and may not be retrieved by the researcher. 252.15(2m)(b)2. 2. HIV testing of a resident or patient of a center for the developmentally disabled, as defined in s. 51.01 (3) , or a mental health institute, as defined in s. 51.01 (12) , if the medical director of the center or institute determines that the conduct of the resident or patient poses a significant risk of transmitting HIV to another resident or patient of the center or institute and if the medical director provides the resident or patient, or the resident’s or patient’s guardian, an explanation of the HIV test result. 252.15(2m)(b)3. 3. HIV testing by a health care professional acting under an order of the court under sub. (5j) or s. 938.296 (4) or (5) or 968.38 (4) , (5) , or (6) . No sample used for laboratory test purposes under this subdivision may disclose the name of the HIV test subject, and the HIV test results may not be made part of the individual’s permanent medical record. 252.15(2m)(b)4. 4. HIV testing in cases of significant exposure, as provided under sub. (5g) or (5j) . 252.15(2m)(b)5. 5. HIV testing of a donor of a human body part or human tissue that is required under s.