146.34 Donation of bone marrow by a minor.

711 words·~3 min read·/wi/chapter-146/146-34-8

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.

3. The availability of procedures alternative to performance of a bone marrow transplant.

(b)The physician of the brother or sister of the minor has determined all of the following, has confirmed those determinations through consultation with and under recommendation from a physician other than the physician under par.

(a)and has provided the determinations to the parent, guardian or legal custodian under par.

(e):

1. That the minor is the most acceptable donor who is available.

2. That no medically preferable alternatives to a bone marrow transplant exist for the brother or sister.

(c)A physician other than a physician under par.

(a)or

(b)has determined the following and has provided the determinations to the parent, guardian or legal custodian under par.

(e):

1. The minor is physically able to withstand removal of bone marrow.

2. The medical risks of removing the bone marrow from the minor and the long-term medical risks for the minor are minimal.

(d)A psychiatrist or psychologist has evaluated the psychological status of the minor, has determined that no significant psychological risks to the minor exist if bone marrow is removed from the minor and has provided that determination to the parent, guardian or legal custodian under par.

(e).