Wisconsin Statutes
Wis. Stat. § 146.81 (2026)
Health care records; definitions
✓ current as of July 2026
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146.81(1)(c)(c) A dentist or dental therapist who is licensed under ch. 447 or who holds a compact privilege under subch. II of ch. 447.
146.81(1)(d)(d) A physician, perfusionist, or respiratory care practitioner licensed or certified under subch. II of ch. 448 or a respiratory care practitioner who holds a compact privilege under subch. XV of ch. 448.
146.81(1)(dc)(dc) A naturopathic doctor or limited-scope naturopathic doctor licensed under ch. 466.
146.81(1)(dg)(dg) A physical therapist or physical therapist assistant who is licensed under subch. III of ch. 448 or who holds a compact privilege under subch. XI of ch. 448.
146.81(1)(em)(em) A dietitian who is certified under subch. V of ch. 448 or who holds a compact privilege under subch. XIV of ch. 448.
146.81(1)(es)(es) An occupational therapist or occupational therapy assistant who is licensed under subch. VII of ch. 448 or who holds a compact privilege under subch. XII of ch. 448.
146.81(1)(eu)(eu) A physician assistant who is licensed under subch. IX of ch. 448 or who holds a compact privilege under subch. XIII of ch. 448.
146.81(1)(h)(h) A psychologist who is licensed under ch. 455, who is exercising the temporary authorization to practice, as defined in s. 455.50 (2) (o), in this state, or who is practicing under the authority to practice interjurisdictional telepsychology, as defined in s. 455.50 (2) (b).
146.81(1)(hg)(hg) A social worker, marriage and family therapist, or professional counselor, as those terms are defined in subch. I of ch. 457.
146.81(1)(hm)(hm) A speech-language pathologist or audiologist who is licensed under subch. II of ch. 459 or who holds a compact privilege under subch. III of ch. 459, or a speech and language pathologist licensed by the department of public instruction.
146.81(1)(j)(j) A corporation or limited liability company of any providers specified under pars. (a) to (hp) that provides health care services.
146.81(1)(k)(k) A cooperative health care association organized under s. 185.981 that directly provides services through salaried employees in its own facility.
146.81(2)(2) “Informed consent” means written consent to the disclosure of information from patient health care records to an individual, agency or organization that includes all of the following:
146.81(2)(d)(d) The purpose of the disclosure such as whether the disclosure is for further medical care, for an application for insurance, to obtain payment of an insurance claim, for a disability determination, for a vocational rehabilitation evaluation, for a legal investigation or for other specified purposes.
146.81(2)(f)(f) The signature of the patient or the person authorized by the patient and, if signed by a person authorized by the patient, the relationship of that person to the patient or the authority of the person.
146.81(3)(3) “Patient” means a person who receives health care services from a health care provider.
146.81(4)(4) “Patient health care records” means all records related to the health of a patient prepared by or under the supervision of a health care provider; and all records made by an ambulance service provider, as defined in s. 256.01 (3), an emergency medical services practitioner, as defined in s. 256.01 (5), or an emergency medical responder, as defined in s. 256.01 (4p), in administering emergency care procedures to and handling and transporting sick, disabled, or injured individuals. “Patient health care records” includes billing statements and invoices for treatment or services provided by a health care provider and includes health summary forms prepared under s. 302.388 (2). “Patient health care records” does not include those records subject to s. 51.30, reports collected under s. 69.186, records of tests administered under s. 252.15 (5g) or (5j), 343.305, 938.296 (4) or (5) or 968.38 (4), (5), or (6), records related to sales of pseudoephedrine products, as defined in s. 961.01 (20c), that are maintained by pharmacies under s. 961.235, fetal monitor tracings, as defined under s. 146.817 (1), or a pupil’s physical health records maintained by a school under s. 118.125.
146.81(5)(5) “Person authorized by the patient” means the parent, guardian, or legal custodian of a minor patient, as defined in s. 48.02 (8) and (11), the person vested with supervision of the child under s. 938.183 or 938.34 (4d), (4h), (4m), or (4n), the guardian of a patient adjudicated incompetent in this state, the personal representative, spouse, or domestic partner under ch. 770 of a deceased patient, any person authorized in writing by the patient or a health care agent designated by the patient as a principal under ch. 155 if the patient has been found to be incapacitated under s. 155.05 (2), except as limited by the power of attorney for health care instrument. If no spouse or domestic partner survives a deceased patient, “person authorized by the patient” also means an adult member of the deceased patient’s immediate family, as defined in s. 632.895 (1) (d). A court may appoint a temporary guardian for a patient believed incompetent to consent to the release of records under this section as the person authorized by the patient to decide upon the release of records, if no guardian has been appointed for the patient.
146.81 HistoryHistory: 1979 c. 221; 1981 c. 39 s. 22; 1983 a. 27; 1983 a. 189 s. 329 (1); 1983 a. 535; 1985 a. 315; 1987 a. 27, 70, 264; 1987 a. 399 ss. 403br, 491r; 1987 a. 403; 1989 a. 31, 168, 199, 200, 229, 316, 359; 1991 a. 39, 160, 269; 1993 a. 27, 32, 105, 112, 183, 385, 443, 496; 1995 a. 27 s. 9145 (1); 1995 a. 77, 98, 352; 1997 a. 27, 67, 75, 156, 175; 1999 a. 9, 32, 151, 180, 188; 2001 a. 38, 70, 74, 80, 89; 2005 a. 262, 387; 2007 a. 108; 2009 a. 28, 165, 209, 355; 2015 a. 195 s. 83; 2015 a. 265; 2017 a. 12; 2019 a. 100; 2021 a. 23 ss. 19, 20, 71; 2021 a. 100, 123, 130, 131, 251; 2023 a. 55, 56, 81, 87, 88; 2025 a. 20, 76, 107, 128, 130, 232.
146.81 AnnotationA letter written by a person not licensed as a health care provider under sub. (1) was not a record under sub. (4) prepared under the supervision of a health care provider under sub. (1) (j) when the person was employed by a corporation that employed health care professionals but the corporation’s shareholders were not health care providers. Hart v. Bennet, 2003 WI App 231, 267 Wis. 2d 919, 672 N.W.2d 306, 02-2933.
146.81 AnnotationWhen a health care provider denied access to records on the ground that the patient was possibly incompetent to consent to the release of the records, it was obligated under sub. (5) to petition for a temporary guardian for the patient. Szymczak v. Terrace at St. Francis, 2006 WI App 3, 289 Wis. 2d 110, 709 N.W.2d 103, 04-2067.
146.81 AnnotationThe plaintiff in this case failed to state a claim that the defendant health care provider violated s. 146.83 (4) (b). The plaintiff did not allege that the defendant withheld any record when it alleged that the defendant concealed the results of an internal investigation into why and under what authority its employees had accessed the plaintiff’s health care records. Any records the defendant might have kept regarding its internal investigation would not have related to the plaintiff’s health or any treatment or services received. Accordingly, such information, even if reduced to a record, would not have constituted a patient health care record, as that term is defined in sub. (4). Wall v. Pahl, 2016 WI App 71, 371 Wis. 2d 716, 886 N.W.2d 373, 15-1230.
146.81 AnnotationThe context of the definition of “person authorized by the patient” in sub. (5) indicates that “any person authorized in writing by the patient” is a stand-alone category, separate and apart from the remaining categories, containing no limitations beyond those expressly written. This language requires only a person with a written authorization from the patient. The statute does not require that the authorization be an authorization to make health care decisions on behalf of the patient. Moya v. Aurora Healthcare, Inc., 2017 WI 45, 375 Wis. 2d 38, 894 N.W.2d 405, 14-2236.
146.81 AnnotationUnder sub. (4), “patient health care record” means “all records,” including electronic records. Nothing in s. 146.836 changes that definition as applied to s. 146.83 (3f), nor any other statute. Banuelos v. University of Wisconsin Hospitals & Clinics Authority, 2023 WI 25, 406 Wis. 2d 439, 988 N.W.2d 627, 20-1582.
Notes of Decisions
Cited in 44
cases (17 in the last 5 years), 1983–2025 · leading case: Carolyn Moya v. Healthport Tech., LLC, 2017 WI 45 (Wis. 2017).
Carolyn Moya v. Healthport Tech., LLC, 2017 WI 45 (Wis. 2017). “Because the phrase "person authorized by the patient" is defined in Wis. Stat. § 146.81 (5) to include "any person authorized in writing by the patient," we hold that an attorney authorized by his or her client in writing via a HIPAA release form to obtain the client's health…”
Hart v. Bennet, 2003 WI App 231 (Wis. Ct. App. 2003). “82 claim because, based on the undisputed facts, the letter was not prepared by or under the supervision of a health care provider as defined in Wis. Stat. § 146.81 (1); (2) the trial court erred in deciding that the coordinator was not liable for the defamatory statements in…”
Moya v. Aurora Healthcare, Inc., 2016 WI App 5 (Wis. Ct. App. 2015). “If the legislature intended to include attorneys who obtain clients' medical records in civil litigation, it certainly could have added attorneys to the list set forth in Wis. Stat. § 146.81 (5). It did not. The legislature specifically defined the phrase "person authorized by…”
Andrea Townsend v. ChartSwap, LLC, 2021 WI 86 (Wis. 2021). “¶2 We conclude that, under a plain meaning interpretation of Wis. Stat. § 146.81 (1), ChartSwap is not a health care provider; and, therefore, it is not subject to the fee restrictions in Wis.”
Beatriz Banuelos v. Univ. of Wisconsin Hospitals & Clinics Auth., 2023 WI 25 (Wis. 2023). “83 (3f)(a) nor is it rendered superfluous by the definition of "patient health care records" in Wis. Stat. § 146.81 (4). We 22 No. 2020AP1582 instead remain wedded to the statutory definition of "patient health care records," determining that "all" indeed does mean "all.”
Johnson v. Rogers Mem'l Hosp., Inc., 2005 WI 114 (Wis. 2005). “In general, "patient health care records" are defined as "all records related to the health of a patient prepared by or under the supervision of a health care provider .”
Szymczak v. Terrace at St. Francis, 2006 WI App 3 (Wis. Ct. App. 2005). “Szymczak was possibly "incompetent to consent to the release of [medical] records," pursuant to Wis. Stat. § 146.81 (5), it was obligated to seek a temporary guardian for Mrs.”
Daphne Smith v. RecordQuest LLC, 989 F.3d 513 (7th Cir. 2021). “This duty applies to twenty-six different classes of medical professionals listed in Wis. Stat. § 146.81 (1). In addition, § 146.”
Wall v. Pahl, 2016 WI App 71 (Wis. Ct. App. 2016). “" As relevant here, the term "patient health care records" means "all records related to the health of a patient prepared by or under the supervision of a health care provider [.”
Julaine K. Appling v. Scott Walker, 2014 WI 96 (Wis. 2014). “§ 146.81 .(5)), power of attorney for health care ( Wis.”
Wisconsin Mfrs. & Com. v. Tony Evers, 2021 WI App 35 (Wis. Ct. App. 2021). “§§ 146.81, 146.82(2)(a)20. and (5)(c), 146.”
Wisconsin Mfrs. & Com. v. Tony Evers, 2022 WI 38 (Wis. 2022). “6 WMC alleged that releasing the list would violate the patient health care records statutes, Wis. Stat. §§ 146.81 and 146.82, in two ways: (1) it would allow for the identification of its member businesses' employees; and (2) the list is derived "from diagnostic test results…”
— Wis. Stat. § 146.81(1) — 10 cases
Hart v. Bennet, 2003 WI App 231 (Wis. Ct. App. 2003). “82 claim because, based on the undisputed facts, the letter was not prepared by or under the supervision of a health care provider as defined in Wis. Stat. § 146.81 (1); (2) the trial court erred in deciding that the coordinator was not liable for the defamatory statements in…”
Andrea Townsend v. ChartSwap, LLC, 2021 WI 86 (Wis. 2021). “¶2 We conclude that, under a plain meaning interpretation of Wis. Stat. § 146.81 (1), ChartSwap is not a health care provider; and, therefore, it is not subject to the fee restrictions in Wis.”
Ritt v. Dental Care Assocs., S.C., 543 N.W.2d 852 (Wis. Ct. App. 1995).
Beatriz Banuelos v. Univ. of Wisconsin Hospitals & Clinics Auth., 2023 WI 25 (Wis. 2023). “83 (3f)(a) nor is it rendered superfluous by the definition of "patient health care records" in Wis. Stat. § 146.81 (4). We 22 No. 2020AP1582 instead remain wedded to the statutory definition of "patient health care records," determining that "all" indeed does mean "all.”
Moya v. Aurora Healthcare, Inc., 2016 WI App 5 (Wis. Ct. App. 2015). “If the legislature intended to include attorneys who obtain clients' medical records in civil litigation, it certainly could have added attorneys to the list set forth in Wis. Stat. § 146.81 (5). It did not. The legislature specifically defined the phrase "person authorized by…”
— Wis. Stat. § 146.81(1)(a) — 1 case
Richard Bloss v. St. Luke's Hosp. of Duluth (Wis. Ct. App. 2023).
— Wis. Stat. § 146.81(1)(h) — 1 case
Johnson v. Rogers Mem'l Hosp., Inc., 2000 WI App 166 (Wis. Ct. App. 2000).
— Wis. Stat. § 146.81(1)(j) — 1 case
Richard Bloss v. St. Luke's Hosp. of Duluth (Wis. Ct. App. 2023).
— Wis. Stat. § 146.81(2) — 3 cases
Moya v. Aurora Healthcare, Inc., 2016 WI App 5 (Wis. Ct. App. 2015). “If the legislature intended to include attorneys who obtain clients' medical records in civil litigation, it certainly could have added attorneys to the list set forth in Wis. Stat. § 146.81 (5). It did not. The legislature specifically defined the phrase "person authorized by…”
Szymczak v. Terrace at St. Francis, 2006 WI App 3 (Wis. Ct. App. 2005). “Szymczak was possibly "incompetent to consent to the release of [medical] records," pursuant to Wis. Stat. § 146.81 (5), it was obligated to seek a temporary guardian for Mrs.”
Beatriz Banuelos v. Univ. of Wisconsin Hospitals & Clinics Auth., 2021 WI App 70 (Wis. Ct. App. 2021).
— Wis. Stat. § 146.81(3) — 2 cases
Wisconsin Mfrs. & Com. v. Tony Evers, 2021 WI App 35 (Wis. Ct. App. 2021). “§§ 146.81, 146.82(2)(a)20. and (5)(c), 146.”
Wisconsin Mfrs. & Com. v. Tony Evers, 2022 WI 38 (Wis. 2022). “6 WMC alleged that releasing the list would violate the patient health care records statutes, Wis. Stat. §§ 146.81 and 146.82, in two ways: (1) it would allow for the identification of its member businesses' employees; and (2) the list is derived "from diagnostic test results…”
— Wis. Stat. § 146.81(4) — 16 cases
Hart v. Bennet, 2003 WI App 231 (Wis. Ct. App. 2003). “82 claim because, based on the undisputed facts, the letter was not prepared by or under the supervision of a health care provider as defined in Wis. Stat. § 146.81 (1); (2) the trial court erred in deciding that the coordinator was not liable for the defamatory statements in…”
State v. Thompson, 585 N.W.2d 905 (Wis. Ct. App. 1998).
Beatriz Banuelos v. Univ. of Wisconsin Hospitals & Clinics Auth., 2023 WI 25 (Wis. 2023). “83 (3f)(a) nor is it rendered superfluous by the definition of "patient health care records" in Wis. Stat. § 146.81 (4). We 22 No. 2020AP1582 instead remain wedded to the statutory definition of "patient health care records," determining that "all" indeed does mean "all.”
Moya v. Aurora Healthcare, Inc., 2016 WI App 5 (Wis. Ct. App. 2015). “If the legislature intended to include attorneys who obtain clients' medical records in civil litigation, it certainly could have added attorneys to the list set forth in Wis. Stat. § 146.81 (5). It did not. The legislature specifically defined the phrase "person authorized by…”
Beatriz Banuelos v. Univ. of Wisconsin Hospitals & Clinics Auth., 2021 WI App 70 (Wis. Ct. App. 2021).
— Wis. Stat. § 146.81(5) — 8 cases
Carolyn Moya v. Healthport Tech., LLC, 2017 WI 45 (Wis. 2017). “Because the phrase "person authorized by the patient" is defined in Wis. Stat. § 146.81 (5) to include "any person authorized in writing by the patient," we hold that an attorney authorized by his or her client in writing via a HIPAA release form to obtain the client's health…”
Moya v. Aurora Healthcare, Inc., 2016 WI App 5 (Wis. Ct. App. 2015). “If the legislature intended to include attorneys who obtain clients' medical records in civil litigation, it certainly could have added attorneys to the list set forth in Wis. Stat. § 146.81 (5). It did not. The legislature specifically defined the phrase "person authorized by…”
Derrick J. Hammetter v. Verisma Sys., Inc., 2021 WI App 53 (Wis. Ct. App. 2021).
Thomas Fotusky v. ProHealth Care, Inc., 2023 WI App 19 (Wis. Ct. App. 2023).
Elizabeth Harwood v. Wheaton Franciscan Servs., Inc., 2019 WI App 53 (Wis. Ct. App. 2019).
— Wis. Stat. § 146.81(B) — 1 case
State v. Henry, 332 N.W.2d 88 (Wis. Ct. App. 1983).
— Wis. Stat. § 146.81(k) — 1 case
Hart v. Bennet, 2003 WI App 231 (Wis. Ct. App. 2003). “82 claim because, based on the undisputed facts, the letter was not prepared by or under the supervision of a health care provider as defined in Wis. Stat. § 146.81 (1); (2) the trial court erred in deciding that the coordinator was not liable for the defamatory statements in…”
— Wis. Stat. § 146.81(l)(a) — 1 case
Hart v. Bennet, 2003 WI App 231 (Wis. Ct. App. 2003). “82 claim because, based on the undisputed facts, the letter was not prepared by or under the supervision of a health care provider as defined in Wis. Stat. § 146.81 (1); (2) the trial court erred in deciding that the coordinator was not liable for the defamatory statements in…”
— Wis. Stat. § 146.81(l)(d) — 1 case
Hart v. Bennet, 2003 WI App 231 (Wis. Ct. App. 2003). “82 claim because, based on the undisputed facts, the letter was not prepared by or under the supervision of a health care provider as defined in Wis. Stat. § 146.81 (1); (2) the trial court erred in deciding that the coordinator was not liable for the defamatory statements in…”
— Wis. Stat. § 146.81(l)(i) — 2 cases
Hart v. Bennet, 2003 WI App 231 (Wis. Ct. App. 2003). “82 claim because, based on the undisputed facts, the letter was not prepared by or under the supervision of a health care provider as defined in Wis. Stat. § 146.81 (1); (2) the trial court erred in deciding that the coordinator was not liable for the defamatory statements in…”
Correa v. Farmers Ins. Exch., 2010 WI App 171 (Wis. Ct. App. 2010).
— Wis. Stat. § 146.81(l)(j) — 2 cases
Hart v. Bennet, 2003 WI App 231 (Wis. Ct. App. 2003). “82 claim because, based on the undisputed facts, the letter was not prepared by or under the supervision of a health care provider as defined in Wis. Stat. § 146.81 (1); (2) the trial court erred in deciding that the coordinator was not liable for the defamatory statements in…”
Correa v. Farmers Ins. Exch., 2010 WI App 171 (Wis. Ct. App. 2010).
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