Wis. Stat. § 157.06
Anatomical gifts
Redline — January 1, 2003 → current.View current text →
Current — January 1, 2021
As of January 1, 2003
(1) Definitions. In this section:
(a) "Anatomical gift" means a donation of all or part of a human body to take effect upon or after death of the donor, as determined in accordance with s. 146.71 .
(b) "Decedent" means a deceased individual.
(c) "Document of gift" means a card, a statement attached to or imprinted on a license under s. 343.175 (2) or on an identification card under s. 343.50 (3) , a will or another writing used to make an anatomical gift.
(d) "Donor" means an individual who makes an anatomical gift of all or part of the individual's body.
(e) "Enucleator" means an individual who meets the requirements of sub. (8) (c) for authorization to remove donated eyes or parts of eyes.
(f) "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 subdivision of a state.
(fm) "Organ procurement organization" means an organization that meets the requirements specified for a qualified organ procurement organization under 42 USC 273 .
(g) "Part" means an organ, tissue, eye, bone, artery, blood, fluid or other body portion.
(h) "Physician" means an individual licensed or otherwise authorized to practice medicine and surgery or osteopathy and surgery under the laws of any state.
(j) "Technician" means an individual who is trained or approved by the American Red Cross Tissue Services or the American Association of Tissue Banks to remove or process tissue or bone while under the direction or supervision of a physician.
(k) "Tissue" includes all of the following:
1. Skin.
2. Connective tissue, including tendons and ligaments.
3. Cardiovascular tissue, including valves, blood vessels and pericardium, that is not suitable for use for cardiovascular organ transplantation.
(L) "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.
(2) Making, amending, revoking and refusing to make anatomical gifts by the donor.
(a) An individual who is at least 18 years of age may do any of the following:
1. Make an anatomical gift for any of the purposes stated in sub. (6) (a) .
2. Limit an anatomical gift to one or more of the purposes stated in sub. (6) (a) .
3. Refuse to make an anatomical gift.
(b) An anatomical gift under par. (a) may be made only by a document of gift signed by the donor. If the donor cannot sign, the document of gift shall be signed by another individual and by 2 witnesses, all of whom have signed at the direction and in the presence of the donor and of each other, and the document of gift shall state that it has been so signed.
(c)
1. Before January 1, 1991, if a document of gift is attached to or imprinted on the donor's license to operate a motor vehicle or identification card issued by the department of transportation, the document of gift shall comply with par. (b) and s. 343.17 or 343.50 . Revocation, suspension, expiration or cancellation of the license or identification card does not invalidate the anatomical gift.
2. After December 31, 1990, if a document of gift is attached to or imprinted on the donor's license under s. 343.175 (2) or identification card under s. 343.50 (3) issued by the department of transportation, the document of gift shall comply with par. (b) and s. 343.175 or 343.50 . Revocation, suspension, expiration or cancellation of the license or identification card does not invalidate the anatomical gift.
(d) A document of gift may designate a particular physician to carry out the appropriate procedures. In the absence of a designation or if the designee is not available, the donee or other person authorized to accept the anatomical gift may employ or authorize any physician, technician or enucleator to carry out the appropriate procedures.
(e) An anatomical gift under the circumstances in which the document of gift is by will takes effect upon death of the testator, whether or not the will is probated. If after the death of the testator the will is declared invalid for testamentary purposes, the validity of the anatomical gift is unaffected.
(f) A donor may amend or revoke an anatomical gift or a refusal to make an anatomical gift under par. (i) by doing any of the following:
1. Signing a statement of amendment or revocation.
1m. Signing a new document of gift. Signing a new document of gift revokes any previously signed document of gift.
2. Verbally amending or revoking in the presence of 2 individuals.
3. During the donor's terminal illness or injury making, by any form of communication that is addressed to a physician, an amendment or revocation.
4. Delivering a signed statement of amendment or revocation to a specified donee to whom a document of gift had been delivered.
5. Crossing out or amending the donor authorization or refusal in the space provided on his or her license as prescribed in s. 343.175 (2) or identification card as prescribed in s. 343.50 (3) .
6. Revoking the provision of a power of attorney for health care instrument that makes an anatomical gift or revoking that power of attorney for health care instrument.
(g) In addition to the means specified in par. (f) , an anatomical gift made by will may be amended or revoked in the manner provided for amendment or revocation of wills.
(h) An anatomical gift that is not revoked by the donor before death is irrevocable and does not require the consent or concurrence of any person after the donor's death.
(i) An individual may refuse to make an anatomical gift of the individual's body or part of his or her body by doing any of the following:
1. Making a writing of refusal that is signed in the same manner as is required for a document of gift.
2. Attaching a statement of refusal to or imprinting a statement of refusal on his or her license under s. 343.175 (2) or identification card under s. 343.50 (3) .
3. Making any other writing that is used to identify the individual as refusing to make an anatomical gift. During the individual's terminal illness or injury, he or she may make the refusal by an oral statement or other form of communication to another.
(j) In the absence of contrary indications by the donor, an anatomical gift of a part of a human body is neither a refusal to give other parts of the body nor a limitation on an anatomical gift under sub. (3) or on a removal or release of other parts of the body under sub. (4) .
(k) In the absence of contrary indications by the donor, a revocation or amendment of an anatomical gift is not a refusal to make another anatomical gift. If the donor intends a revocation to be a refusal to make an anatomical gift, the donor shall make the refusal under par. (i) .
(3) Making, revoking and objecting to anatomical gifts, by persons other than the donor.
(a) Any member of the following classes of individuals, in the order of priority listed, may make an anatomical gift of all or a part of a decedent's body for a purpose specified in sub. (6) (a) , unless the decedent, at the time of death, has made an unrevoked refusal to make that anatomical gift:
1. The spouse of the decedent.
2. An adult son or daughter of the decedent.
3. Either parent of the decedent.
4. An adult brother or sister of the decedent.
5. A grandparent of the decedent.
6. A guardian of the person of the decedent at the time of death.
7. A health care agent, as defined in s. 155.01 (4) , for the decedent at the time of death.
(b) An anatomical gift may not be made by an individual listed in par. (a) if any of the following applies:
1. An individual in a prior class is available at the time of death to make an anatomical gift and that individual objects to the making of an anatomical gift.
2. The individual proposing to make an anatomical gift knows of a refusal or contrary indications by the decedent.
3. The individual proposing to make an anatomical gift knows of an objection to making an anatomical gift by a member of the individual's class or a prior class.
(c) An individual authorized under par. (a) shall make an anatomical gift of all or a part of the decedent's body by doing one of the following:
1. Executing a document of gift that is signed by the individual.
2. Making a telegraphic, recorded telephonic or other recorded message, or other form of communication to another that is reduced to writing and signed by the recipient at the time it is received.
(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. (5) (a) 4. or (b) 1. , (6) (a) 1. , (b) 1. , (c) 1. , or (d) 1. , or (7) (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. (4) (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. (4) (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) .
Official source: Wisconsin State Legislature. Reproduced from public-domain Wisconsin statutes; confirm against the official source for the current text. Not legal advice.