fatality review teams and granting rule-making authority

Wisconsin Legislature: AB192: Bill Text

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AB192: Bill Text

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2025 - 2026 LEGISLATURE
LRB-0695/1
SWB:cdc
2025 ASSEMBLY BILL 192
April 15, 2025 - Introduced by Representatives
Moses
,
Callahan
,
Snyder
,
O'Connor
and
Mursau
, cosponsored by Senator
James
. Referred to Committee on Local Government.
AB192,1,4
1
An Act

to amend
48.396 (1), 48.396 (2) (a), 48.78 (2) (a), 48.981 (7) (a) 15.,
2
938.396 (1) (a), 938.396 (2) (a) and 938.78 (2) (a);
to create
51.30 (4) (b) 29.,
3
146.82 (2) (d), 250.22 and 961.385 (2) (cm) 5. of the statutes;
relating to:

4
fatality review teams and granting rule-making authority.
Analysis by the Legislative Reference Bureau
This bill establishes fatality review teams under state law. Current law does not address fatality review teams, though several types of such teams currently exist in Wisconsin based on voluntary efforts primarily organized by counties, with state-level technical assistance available for certain types of teams.
Under the bill, a fatality review team is defined as a multidisciplinary and multiagency team reviewing one or more types of death among children or adults and developing recommendations to prevent future deaths of similar circumstances. The bill generally governs a team’s responsibilities, ability to access certain records, confidentiality requirements, and disclosure of information.
Duties and authority of the Department of Health Services
Under the bill, the Department of Health Services must establish a fatality review program comprised of local fatality review teams established at the option of a municipality, a county, a local health department, or a tribal health department, or a combination of these entities. The bill also authorizes, but does not require, DHS to create state fatality review teams.
The bill requires DHS to perform various duties, in consultation with other state agencies as appropriate, such as: 1) facilitate local team development; 2) identify training needs and make available training resources; 3) provide technical assistance and support; 4) in the absence of a local team or upon request, assign review of deaths to a state fatality review team, if established; 5) educate the public on causes and recommendations for prevention of reviewable deaths; and 6) provide information to the legislature, state agencies, and local communities on the need for modifications to law, policy, or practice. The bill allows DHS to contract with an entity to perform any of its duties under the bill.
Under the bill, DHS or its contracted entity must create and make available to fatality review teams a confidentiality agreement for use by team members to ensure confidentiality consistent with the bill’s provisions. The bill requires DHS to promulgate administrative rules to develop and implement a standardized form for review of suicide deaths, and allows DHS to promulgate rules to develop and implement standardized forms for other types of reviewable deaths. The bill further grants general rule-making authority to DHS to implement the bill’s provisions.
Fatality review teams
The bill contains general provisions governing any type of fatality review team. The bill identifies examples of the types of deaths that may constitute a reviewable death, including overdose, suicide, maternal death occurring during or within a year of a pregnancy, or any unexpected or unintentional death of a child, among others. The bill also provides a non-exhaustive list of potential team members.
Under the bill, a fatality review team has the purpose of gathering information about reviewable deaths to examine risk factors and understand how deaths may be prevented, through identifying recommendations for cross-sector, system-level policy and practice changes, and promoting cooperation and coordination among the agencies involved in understanding causes of reviewable deaths or in providing services to surviving family members.
If established, each fatality review team must: 1) establish and implement team protocols; 2) collect and maintain data; 3) create strategies and track implementation of prevention recommendations; and 4) evaluate the team’s process, interagency collaboration, and implementation of recommendations. The bill requires teams to assign, as appropriate for a specific review, a team member to complete any standardized form developed by DHS, and to enter data regarding each reviewable death into any secure database designated by DHS or its contracted entity.
Record access and confidentiality
The bill authorizes a fatality review team to access records from a variety of sources, such as certain state agencies, law enforcement, medical examiners and coroners, health care providers, social or human service agencies, schools, and the prescription drug monitoring program, among others, subject to certain restrictions under the bill and current law.
Information and records provided to or created by a fatality review team are confidential, subject to limited exceptions provided under the bill, and are not subject to Wisconsin’s public records laws. The bill requires team members, and other individuals invited to attend a team meeting, to sign a confidentiality agreement before participating in or attending a fatality review team meeting. The bill prohibits team members, persons in attendance at team meetings, and others providing records to teams from testifying in any civil or criminal action as to the information specifically obtained through participation in the team’s meeting
.
The bill authorizes disclosure of information if such disclosure serves a team’s purpose and certain other conditions are met, such as the information does not allow for identification of individuals and does not contain conclusory information attributing fault. The bill further specifies that a team’s information and records are not subject to discovery or subpoena, or admissible as evidence, in a civil or criminal action, unless obtained independently from a team’s review. The bill also provides that a person participating in a fatality review team is immune from civil or criminal liability for any good faith act or omission in connection with providing information or recommendations.
The bill exempts fatality review team meetings from Wisconsin’s open meetings law. The bill allows for public meetings to share summary findings and recommendations, but limits the types of information that may be disclosed in public meetings.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB192,1
1
Section
1
.
48.396 (1) of the statutes is amended to read:
AB192,3,21
2
48.396
(1)
Law enforcement officers’ records of children shall be kept separate
3
from records of adults. Law enforcement officers’ records of the adult expectant
4
mothers of unborn children shall be kept separate from records of other adults. Law
5
enforcement officers’ records of children and the adult expectant mothers of unborn
6
children shall not be open to inspection or their contents disclosed except under sub.
1
(1b), (1d), (5), or (6) or s. 48.293
or
, 250.22, or
938.396 (2m) (c) 1p. or by order of the
2
court. This subsection does not apply to the representatives of newspapers or other
3
reporters of news who wish to obtain information for the purpose of reporting news
4
without revealing the identity of the child or adult expectant mother involved, to
5
the confidential exchange of information between the police and officials of the
6
public or private school attended by the child or other law enforcement or social
7
welfare agencies, or to children 10 years of age or older who are subject to the
8
jurisdiction of the court of criminal jurisdiction. A public school official who obtains
9
information under this subsection shall keep the information confidential as
10
required under s. 118.125, and a private school official who obtains information
11
under this subsection shall keep the information confidential in the same manner
12
as is required of a public school official under s. 118.125. This subsection does not
13
apply to the confidential exchange of information between the police and officials of
14
the tribal school attended by the child if the police determine that enforceable
15
protections are provided by a tribal school policy or tribal law that requires tribal
16
school officials to keep the information confidential in a manner at least as
17
stringent as is required of a public school official under s. 118.125. A law
18
enforcement agency that obtains information under this subsection shall keep the
19
information confidential as required under this subsection and s. 938.396 (1) (a). A
20
social welfare agency that obtains information under this subsection shall keep the
21
information confidential as required under ss. 48.78 and 938.78.
AB192,2
22
Section
2
.
48.396 (2) (a) of the statutes is amended to read:
AB192,4,6
23
48.396
(2)
(a) Records of the court assigned to exercise jurisdiction under this
1
chapter and ch. 938 and of courts exercising jurisdiction under s. 48.16 shall be
2
entered in books or deposited in files kept for that purpose only. Those records shall
3
not be open to inspection or their contents disclosed except by order of the court
4
assigned to exercise jurisdiction under this chapter and ch. 938 or as required or
5
permitted under this subsection, sub. (3) (b) or (c) 1g., 1m., or 1r. or (6), or s. 48.375
6
(7) (e)
or 250.22
.
AB192,3
7
Section
3
.
48.78 (2) (a) of the statutes is amended to read:
AB192,4,13
8
48.78
(2)
(a) No agency may make available for inspection or disclose the
9
contents of any record kept or information received about an individual who is or
10
was in its care or legal custody, except as provided under sub. (2m) or s. 48.371,
11
48.38 (5) (b) or (d) or (5m) (d), 48.396 (3) (bm) or (c) 1r., 48.432, 48.433, 48.48 (17)
12
(bm), 48.57 (2m), 48.66 (6), 48.93, 48.981 (7),
250.22,
938.396 (2m) (c) 1r., 938.51, or
13
938.78 or by order of the court.
AB192,4
14
Section
4
.
48.981 (7) (a) 15. of the statutes is amended to read:
AB192,4,18
15
48.981
(7)
(a) 15. A
fatality review team established under s. 250.22, a
child
16
fatality review team recognized by the county department
,
or, in a county having a
17
population of 750,000 or more, the department or a licensed child welfare agency
18
under contract with the department.
AB192,5
19
Section
5
.
51.30 (4) (b) 29. of the statutes is created to read:
AB192,4,22
20
51.30
(4)
(b) 29. To an authorized member of a fatality review team
21
established under s. 250.22. The recipient of any treatment records under this
22
subdivision shall keep the records confidential in accordance with s. 250.22.
AB192,6
23
Section
6
.
146.82 (2) (d) of the statutes is created to read:
AB192,5,7
1
146.82
(2)
(d) Notwithstanding sub. (1), patient health care records may be
2
released, upon request, to a fatality review team, as defined in s. 250.22 (1) (a),
3
acting as a public health authority for the purpose of reviewing a death as described
4
under s. 250.22. Records that may be released under this paragraph for the public
5
health purposes under s. 250.22 may be disclosed to a fatality review team only in
6
accordance with that section, and the recipient of any records released shall keep
7
the records confidential.
AB192,7
8
Section
7
.
250.22 of the statutes is created to read:
AB192,5,9
9
250.22

Fatality review teams.

(1)

Definitions.
In this section:
AB192,5,12
10
(a) “Fatality review team” means a multidisciplinary and multiagency team
11
examining one or more types of reviewable death among children or adults and
12
developing recommendations to prevent future deaths of similar circumstances.
AB192,5,16
13
(b) “Local fatality review team” means a fatality review team that examines
14
reviewable deaths from specific municipalities or counties. A “local fatality review
15
team” may include a team formed by a collaboration of two or more municipalities,
16
counties, local health departments, or tribal health departments.
AB192,5,17
17
(c) “Municipality” means a city, village, or town.
AB192,5,19
18
(d) “State fatality review team” means a fatality review team that examines
19
reviewable deaths of residents across the state.
AB192,5,20
20
(e) 1. “Reviewable death” includes any of the following types of deaths:
AB192,5,21
21
a. Suicide.
AB192,5,23
22
b. Homicide or death involving domestic violence, intimate partner violence,
23
or homicide related to community violence.
AB192,6,1
1
c. Motor vehicle incident.
AB192,6,2
2
d. Overdose death.
AB192,6,3
3
e. Child abuse or neglect.
AB192,6,4
4
f. Stillbirth.
AB192,6,5
5
g. Fetal death or infant death.
AB192,6,6
6
h. A maternal death occurring during or within a year of a pregnancy.
AB192,6,7
7
i. Any unexpected or unintentional death of a child.
AB192,6,9
8
2. “Reviewable death” does not include a death subject to review under s.
9
175.47.
AB192,6,14
10
(2)
Department duties and authority.
(a) The department shall establish
11
a fatality review program comprised of local fatality review teams established at the
12
option of a municipality, a county, a local health department, a tribal health
13
department, or a combination of these entities. The department may also establish
14
a state fatality review team.
AB192,6,17
15
(b) In coordination with the department of justice, the department of children
16
and families, or other state agencies, as appropriate, the department shall do all of
17
the following:

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