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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 1076
February 8, 2024 - Introduced by Representatives SORTWELL, MOSES, ALLEN,
ARMSTRONG, BEHNKE, BODDEN, DITTRICH, GOEBEN, S. JOHNSON, MAGNAFICI,
MURPHY, O'CONNOR, PENTERMAN, ROZAR, SCHMIDT, SCHRAA and SCHUTT,
cosponsored by Senator CABRAL-GUEVARA. Referred to Committee on Health,
Aging and Long-Term Care.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to amend 448.02 (3) (a); and to create 146.85 and 321.12 (3) of the
statutes; relating to: informed consent for medical research.
Analysis by the Legislative Reference Bureau
This bill prohibits health care providers from subjecting a patient to medical
research without the express and informed consent of the patient or the patient's
authorized representative. The bill defines an “authorized representative” as a
health care agent acting under an activated power of attorney for health care, a
guardian, or, for a patient who is under 14 years of age, a parent or legal custodian.
Under the bill, an allegation that a physician subjected a patient to medical research
without consent is considered an allegation of unprofessional conduct. Under
current law, the Medical Examining Board must investigate any allegation of a
physician's unprofessional conduct and, upon finding a physician guilty of
unprofessional conduct, may warn or reprimand that physician or limit, suspend, or
revoke any licensed granted by the board to that physician.
The bill also requires the chief surgeons of the army and air national guard to
ensure that no army or air force medical personnel subjects a patient to medical
research without the express and informed consent of the patient or the patient's
authorized representative.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
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SECTION 1 ASSEMBLY BILL 1076
SECTION 1. 146.85 of the statutes is created to read:
146.85 Medical research consent requirement. (1) DEFINITIONS. In this
section:
(a) “Authorized representative” has the meaning given in s. 252.15 (1) (ac).
(b) “Health care provider” has the meaning given in s. 146.81 (1).
(2) PROHIBITION. No health care provider may subject a patient to medical
research without the express and informed consent of the patient or the patient's
authorized representative.
SECTION 2. 321.12 (3) of the statutes is created to read:
321.12 (3) The chief surgeons for the army and the air national guard shall
ensure that no army or air force medical personnel subjects a patient to medical
research without the express and informed consent of the patient or the patient's
authorized representative, as defined in s. 252.15 (1) (ac).
SECTION 3. 448.02 (3) (a) of the statutes is amended to read:
448.02 (3) (a) The board shall investigate allegations of unprofessional conduct
and negligence in treatment by persons holding a license or certificate granted by the
board. An allegation that a physician has violated s. 146.85 (2), 253.10 (3), 448.30
or 450.13 (2) or has failed to mail or present a medical certification required under
s. 69.18 (2) within 21 days after the pronouncement of death of the person who is the
subject of the required certificate or that a physician has failed at least 6 times within
a 6-month period to mail or present a medical certificate required under s. 69.18 (2)
within 6 days after the pronouncement of death of the person who is the subject of
the required certificate is an allegation of unprofessional conduct. Information
contained in reports filed with the board under s. 49.45 (2) (a) 12r., 50.36 (3) (b),
609.17 or 632.715, or under 42 CFR 1001.2005, shall be investigated by the board.
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SECTION 3
ASSEMBLY BILL 1076
Information contained in a report filed with the board under s. 655.045 (1), as created
by 1985 Wisconsin Act 29, which is not a finding of negligence or in a report filed with
the board under s. 50.36 (3) (c) may, within the discretion of the board, be used as the
basis of an investigation of a person named in the report. The board may require a
person holding a license or certificate to undergo and may consider the results of one
or more physical, mental or professional competency examinations if the board
believes that the results of any such examinations may be useful to the board in
conducting its investigation.
SECTION 4.0Initial applicability.
(1) This act first applies to medical research that is scheduled to begin after the
effective date of this subsection.
(END)
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