SB 145

Correctional system

Death of an inmate

Under current law, if an individual dies while he or she is in the legal custody

of the Department of Corrections and confined to a correctional facility located in this

state, an autopsy on the deceased individual must be performed. Under this bill,

until the conclusion of a national emergency declared by the U.S. president under

50

USC 1621

in response to the 2019 novel coronavirus, if an individual who has been

diagnosed with COVID-19 dies, the coroner or medical examiner may perform a

limited examination of the deceased individual instead of a full autopsy, which may

include an external examination of the body of the deceased individual, a review of

the deceased individual's medical records, or a review of the deceased individual's

radiographs. These changes were enacted in

2019 Wisconsin Act 185

but applied

only during the state of emergency related to public health declared on March 12,

2020.

HEALTH AND HUMAN SERVICES

Cremation permits and electronic signature of death certificates

Under current law, a coroner or medical examiner must view the corpse of a

deceased person before issuing a cremation permit, and the corpse may not be

cremated within 48 hours after the death unless the death was caused by a

contagious or infectious disease. Under this bill, until the conclusion of a national

emergency declared by the U.S. president under

50 USC 1621

in response to the 2019

novel coronavirus, if a physician, coroner, or medical examiner has signed the death

certificate of a deceased person and listed COVID-19 as the cause of death, a coroner

or medical examiner must issue a cremation permit without viewing the corpse of a

deceased person and a coroner or medical examiner must issue the permit within 48

hours after the time of death. The bill also requires that if the underlying cause of

a death is determined to be COVID-19, the person required to sign the death

certificate shall provide an electronic signature on the death certificate within 48

hours after the death occurs. These changes to the requirements were enacted in

2019 Wisconsin Act 185

, but applied only during the state of emergency related to

public health declared on March 12, 2020.