157.06 Anatomical gifts.

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

(2)Definitions. In this section:

(a)“Agent” means a health care agent, as defined in s. 155.01

(4), or an individual who is expressly authorized in a record that is signed by a principal to make an anatomical gift of the principal’s body or part.

(b)“Anatomical gift” means a donation of all or part of a human body to take effect after the donor’s death, as determined in accordance with s. 146.71 , for the purpose of transplantation, therapy, research, or education.

(bm)“Auxiliary aids and services” means any of the following:

1. Qualified interpreters or other effective methods of making aurally delivered material available to individuals with hearing impairments.

2. Qualified readers, audio recordings of texts, or other effective methods of making visually delivered material available to individuals with visual impairments.

3. Supported decision-making services.

(br)“Conservation card” means a conservation card issued by the department of natural resources under s. 23.47

(2).

(c)“Decedent” means a deceased individual.

(cm)“Disability” has the meaning given in 42 USC 12102 (1).

(d)“Disinterested witness” means a witness who is not any of the following:

1. The spouse, child, parent, sibling, grandchild, grandparent, or guardian of the individual who makes, amends, revokes, or refuses to make an anatomical gift.

2. A person who exhibits special care and concern, except as a compensated health care provider, for the individual who makes, amends, revokes, or refuses to make an anatomical gift.

3. Any other person to whom the anatomical gift could pass under sub.

(11).

(e)“Donor” means an individual whose body or part is the subject of an anatomical gift.

(f)“Donor registry” means a database that contains records of anatomical gifts and amendments to or revocations of anatomical gifts.

(g)“Driver’s license” means a license or permit to operate a vehicle, whether or not conditions are attached to the license or permit, that is issued by the department of transportation under ch. 343 .

(h)“Eye bank” means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of human eyes or portions of human eyes.

(i)“Guardian” means a person appointed by a court to make decisions regarding the support, care, education, health, or welfare of an individual, and does not include a guardian ad litem.

(j)“Hospital” means a facility approved as a hospital under s. 50.35 or a facility operated as a hospital by the federal government, a state, or a political subdivision of a state.

(jm)“Hunting, fishing, or trapping license” means a hunting, fishing, or trapping license issued by the department of natural resources under ch. 29 .

(k)“Identification card” means an identification card issued by the department of transportation under s. 343.50 .

(L)“Organ procurement organization” means a person designated by the Secretary of the U.S. Department of Health and Human Services as an organ procurement organization.

(m)“Parent” has the meaning given under s. 48.02

(13).

(n)“Part” means a vascularized organ, eye, or tissue of a human being. “Part” does not mean a whole human body.

(o)“Physician” means an individual authorized to practice medicine or osteopathy under the laws of any state.

(p)“Procurement organization” means an eye bank, organ procurement organization, or tissue bank.

(q)“Prospective donor” means an individual who is dead or near death and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research, or education. An individual who has refused to make an anatomical gift as provided under sub.

(7)is not a prospective donor.

(r)“Reasonably available” means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift.

(s)“Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form.

(t)“Record of gift” means a donor card or other record used to make an anatomical gift, including a statement or symbol on a driver’s license, identification card, conservation card, or printed hunting, fishing, or trapping license or in a donor registry.

(u)“Record of refusal” means a record created under sub.

(7)that expressly states an intent to bar other persons from making an anatomical gift of an individual’s body or part.

(v)“Sign” means to do any of the following with present intent to authenticate or adopt a record:

1. Execute or adopt a signature or tangible symbol.

2. Attach to or logically associate with the record an electronic symbol, sound, or process.

(w)“Technician” means an individual determined to be qualified to remove or process parts by an appropriate organization that is licensed, accredited, or regulated under federal or state law and includes an enucleator.

(x)“Tissue” means a portion of the human body other than a vascularized organ or eye and does not include blood unless the blood is donated for the purpose of research or education.

(y)“Tissue bank” means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of tissue.

(z)“Transplant hospital” means a hospital that furnishes organ transplants and other medical and surgical specialty services required for the care of transplant patients.

(zm)“Vascularized organ” means a heart, lung, liver, pancreas, kidney, intestine, or other organ that requires the continuous circulation of blood to remain useful for purposes of transplantation.

(2m)Signing for a person who is physically unable. If an individual who is physically unable to sign a record under sub.

(a)4. or

(b)1. ,

(a)1. ,

(b)1. ,

(d)1. , or

(a)1. or

(b)1. directs another to sign the record on his or her behalf, the signature of the other individual authenticates the record as long as all of the following conditions are satisfied:

(a)The signature of the other individual is witnessed by at least two adults, at least one of whom is a disinterested witness.

(b)The witnesses sign the record at the request of the individual who is physically unable to sign.

(c)The record includes a statement that it was signed and witnessed at the request of the individual who is physically unable to sign.

(4)Who may make an anatomical gift before donor’s death. Except as provided in subs.

(7)and

(8), any of the following may during the life of a donor make an anatomical gift of the donor’s body or part in the manner provided in sub.

(5):

(a)The donor, if he or she is at least 15 years of age or is an emancipated minor.

(b)An agent of the donor, unless the donor’s power of attorney for health care instrument under ch. 155 or some other record prohibits the agent from making an anatomical gift.

(c)A parent of the donor, if the donor is an unemancipated minor and does not object to the making of the anatomical gift.

(d)A guardian of the donor unless a health care agent under ch. 155 has authority to make an anatomical gift of the donor’s body or part.

(5)Manner of making an anatomical gift before donor’s death.

(a)A donor under sub.

(a)may make an anatomical gift by doing any of the following:

1. Affixing to, or authorizing a person to imprint on, the donor’s driver’s license or identification card a statement or symbol that indicates that the donor has made an anatomical gift.

1m. Affixing to, or authorizing a person to imprint on, the donor’s conservation card or printed hunting, fishing, or trapping license a statement or symbol that indicates that the donor has made an anatomical gift.

2. Including an anatomical gift in his or her will.

3. If the donor has a terminal illness or injury, communicating the anatomical gift by any means to at least two adults, at least one of whom is a disinterested witness.

4. Signing a donor card or other record that includes an anatomical gift or, if physically unable to sign a record, by directing another individual to sign the record as provided in sub.

(2m).

5. Authorizing a person to include in a donor registry a statement or symbol that indicates that the donor has made an anatomical gift.

(b)A person under sub.

(b)to

(d)may make an anatomical gift of a donor’s body or part during the donor’s life by doing any of the following:

1. Signing a donor card or other record that includes an anatomical gift or, if physically unable to sign a record, by directing another to sign the record as provided in sub.

(2m).