Date of enactment:
2023 Assembly Bill 398 Date of publication*:
2023 WISCONSIN ACT
AN ACT to amend 102.07 (8) (a); and to create 102.07 (8) (bw), 104.01 (2) (b) 6. and 108.02 (15) (ko) of the statutes;
relating to: participants in clinical research trials.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1. 102.07 (8) (a) of the statutes is amended
to read:
102.07 (8) (a) Except as provided in pars. (b) and,
(bm), and (bw), every independent contractor is, for the
purpose of this chapter, an employee of any employer
under this chapter for whom he or she is performing ser-
vice in the course of the trade, business, profession or
occupation of such employer at the time of the injury.
SECTION 2. 102.07 (8) (bw) of the statutes is created
to read:
102.07 (8) (bw) An individual who receives remu-
neration, a stipend, or compensation for being a partici-
pant in a clinical research trial as described in s. 108.02
(15) (ko) is not an employee of the entity conducting the
clinical research trial.
SECTION 3. 104.01 (2) (b) 6. of the statutes is created
to read:
104.01 (2) (b) 6. Any individual who receives remu-
neration, a stipend, or compensation for being a partici-
pant in a clinical research trial.
SECTION 4. 108.02 (15) (ko) of the statutes is created
to read:
108.02 (15) (ko) “Employment,” as applied to work
for a given employer other than a government unit, an
Indian tribe, or a nonprofit organization, except as the
employer elects otherwise with the department’s
approval, does not include participation, by an individual
who receives remuneration, a stipend, or compensation,
in a clinical research trial.
SECTION 5.0Initial applicability.
(1) The treatment of s. 108.02 (15) (ko) first applies
to participation occurring on the effective date of this
subsection.
SECTION 6.0Effective date.
(1) This act takes effect the Sunday after publication.
* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.”