146.34 Donation of bone marrow by a minor.

502 words·~2 min read·/wi/chapter-146/146-34-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Definitions. In this section:

(a)“Bone marrow” means the soft material that fills human bone cavities.

(b)“Bone marrow transplant” means the medical procedure by which transfer of bone marrow is made from the body of a person to the body of another person.

(c)“Donor” means a minor whose bone marrow is transplanted from his or her body to the body of the minor’s brother or sister.

(d)“Guardian” means the person named by the court under ch. 48 or 54 or ch. 880 , 2003 stats., having the duty and authority of guardianship.

(e)“Legal custodian” means a person other than a parent or guardian or an agency to whom the legal custody of a minor has been transferred by a court under ch. 48 or 938 , but does not include a person who has only physical custody of a minor.

(f)“Parent” means a biological parent, a husband who has consented to the artificial insemination of his wife under s. 891.40 or a parent by adoption. If the minor is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.803 , “parent” includes a person adjudged in a judicial proceeding under ch. 48 to be the biological father of the minor. “Parent” does not include any person whose parental rights have been terminated.

(g)“Physician” means a person licensed to practice medicine and surgery under ch. 448 .

(h)“Psychiatrist” means a physician specializing in psychiatry.

(i)“Psychologist” means a person who is licensed to practice psychology under ch. 455 , who is exercising the temporary authorization to practice, as defined in s. 455.50

(o), in this state, or who is practicing under the authority to practice interjurisdictional telepsychology, as defined in s. 455.50

(b).

(j)“Relative” means a 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.

(2)Prohibition on donation of bone marrow by a minor. Unless the conditions under sub.

(3)or

(4)have been met, no minor may be a bone marrow donor in this state.

(3)Consent to donation of bone marrow by a minor under 12 years of age. If the medical condition of a brother or a sister of a minor who is under 12 years of age requires that the brother or sister receive a bone marrow transplant, the minor is deemed to have given consent to be a donor if all of the following conditions are met:

(a)The physician who will remove the bone marrow from the minor has informed the parent, guardian or legal custodian of the minor of all of the following:

1. The nature of the bone marrow transplant.

2. The benefits and risks to the prospective donor and prospective recipient of performance of the bone marrow transplant.