Section 255.40. Reporting of wounds and burn injuries.

 

(1)  In this section:

(a) “Crime" has the meaning specified in s. 949.01 (1) .

(b) “Inpatient health care facility" has the meaning specified in s. 50.135 (1) .

(2)  

(a) Any person licensed, certified or registered by the state under ch. 441 , 448 or 455 who treats a patient suffering from any of the following shall report in accordance with par. (b) :

1. A gunshot wound.

2. Any wound other than a gunshot wound if the person has reasonable cause to believe that the wound occurred as a result of a crime.

3. Second-degree or 3rd-degree burns to at least 5 percent of the patient's body or, due to the inhalation of superheated air, swelling of the patient's larynx or a burn to the patient's upper respiratory tract, if the person has reasonable cause to believe that the burn occurred as a result of a crime.

(b) For any mandatory report under par. (a) , the person shall report the patient's name and the type of wound or burn injury involved as soon as reasonably possible to the local police department or county sheriff's office for the area where the treatment is rendered.

(c) Any such person who intentionally fails to report as required under this subsection may be required to forfeit not more than $500.

(3)  Any person reporting in good faith under sub. (2) , and any inpatient health care facility that employs the person who reports, are immune from all civil and criminal liability that may result because of the report. In any proceeding, the good faith of any person reporting under this section shall be presumed.

(4)  The reporting requirement under sub. (2) does not apply under any of the following circumstances:

(a) The patient is accompanied by a law enforcement officer at the time treatment is rendered.

(b) The patient's name and type of wound or burn injury have been previously reported under sub. (2) .

(c) The wound is a gunshot wound and appears to have occurred at least 30 days prior to the time of treatment.

1987 a. 233 ; 1991 a. 39 ; 1993 a. 27 ; 2007 a. 130 s. 168 ; Stats. 2007 s. 255.40.