Wisconsin Assembly Bill AB398

Wisconsin 2023-2024 Regular Session

• Introduced: 9/6/23
• Refer: 9/6/23
• Report Pass: 2/14/24
• Refer: 2/14/24
• Engrossed: 2/20/24
• Refer: 2/26/24
• Enrolled: 3/19/24
• Vetoed: 3/29/24
• Failed: 5/15/24

Caption

Participants in clinical research trials. (FE)

Impact

The bill introduces amendments to existing statutes, particularly regarding the definitions related to employment and participation in clinical trials. By defining participants in these trials as independent from standard employee classifications, AB398 aims to alleviate potential liabilities for employers involved in clinical research. This is viewed as a significant step in encouraging clinical trials by reducing regulatory burdens associated with employment laws that may otherwise apply to those participants.

Summary

Assembly Bill 398 aims to clarify the legal status of participants in clinical research trials in the context of employment law in Wisconsin. It specifies that individuals participating in these trials and receiving payments, stipends, or compensation will not be classified as employees of the trial's conducting entity. This change is intended to provide a clear distinction for labor laws, ensuring that such participation does not constitute traditional employment under worker's compensation or minimum wage statutes.

Contention

While proponents argue that this bill will foster more participation in clinical trials, critics raise concerns regarding the implications for workers' rights. By delineating that compensation for trial participation is excluded from employee wages and benefits, some fear it may undermine necessary protections that should be afforded to all individuals receiving remuneration. This contention highlights the broader discussion on balancing the need for innovation in medical research with the rights and protections of individuals involved.