Date of enactment:
2023 Assembly Bill 465 Date of publication*:
2023 WISCONSIN ACT
AN ACT to amend 441.07 (2), 448.02 (6), 448.02 (9) (intro.) and 448.978 (2) (intro.); and to create 146.36, 441.07
(1j), 448.02 (3m) and 448.978 (1m) of the statutes; relating to: prohibiting gender transition medical intervention
for individuals under 18 years of age.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1. 146.36 of the statutes is created to read:
146.36 Gender transition medical intervention.
(1) DEFINITIONS. In this section:
(a) “Biological sex” means the biological state of
being female or male based on sex organs, chromosomes,
and endogenous hormone profiles.
(b) “Health care provider” has the meaning given in
s. 146.81 (1) (a) to (hp).
(c) “Minor” means an individual who is under 18
years of age.
(2) PROHIBITION. A health care provider may not
engage in, cause the engagement in, or make a referral
for, any of the following practices upon a minor for the
purpose of changing the minor’s body to correspond to a
sex that is discordant with the minor’s biological sex:
(a) Performing a surgery that sterilizes an individual,
including castration, vasectomy, hysterectomy,
oophorectomy, metoidioplasty, orchiectomy, penec-
tomy, phalloplasty, and vaginoplasty.
(b) Performing a mastectomy.
(c) Administering, prescribing, or supplying any of
the following medications:
1. Puberty−blocking drugs to stop or delay normal
puberty.
2. Supraphysiologic doses of testosterone or other
androgens to biological females.
3. Supraphysiologic doses of estrogen to biological
males.
(d) Removing any otherwise healthy or nondiseased
body part or tissue.
(3) APPLICABILITY LIMITATION. This section does not
apply to any of the following:
(a) A health care provider providing a service in
accordance with a good faith medical decision of a parent
or guardian of a minor born with a medically verifiable
genetic disorder of sex development, including any of the
following:
1. External biological sex characteristics that are irre-
solvably ambiguous, such as those born with 46,XX
karyotype with virilization, 46,XY karyotype with
undervirilization, or having both ovarian and testicular
tissue.
2. A sexual development disorder when a physician
has determined through genetic testing that the minor
does not have the normal sex chromosome structure, sex
* 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.” − 2 −2023 Wisconsin Act 2023 Assembly Bill 465
steroid hormone production, or sex steroid hormone
action for a biological male or biological female.
(b) The treatment of any infection, injury, disease, or
disorder that has been caused by or exacerbated by the
performance of a gender transition medical procedure,
whether or not that procedure was performed in accord-
ance with state and federal law.
(c) Any procedure undertaken because the minor suf-
fers from a physical disorder, physical injury, or physical
illness that would, as certified by a physician, place the
minor in imminent danger of death or impairment of a
major bodily function unless surgery is performed.
SECTION 2. 441.07 (1j) of the statutes is created to
read:
441.07 (1j) Subject to the rules promulgated under s.
440.03 (1), the board shall investigate allegations that
any person licensed under this chapter has violated s.
146.36 (2). After an investigation, if the board finds that
there is probable cause to believe that the person violated
s. 146.36 (2), the board shall hold a hearing on such con-
duct. After a hearing, if the board determines that the per-
son has violated s. 146.36 (2), the board shall revoke the
person’s license and, if applicable, the person’s certifi-
cate to issue prescription orders under s. 441.16.
SECTION 3. 441.07 (2) of the statutes is amended to
read:
441.07 (2) The board may reinstate a revoked
license, no earlier than one year following revocation,
upon receipt of an application for reinstatement. This
subsection does not apply to a license that is revoked
under sub. (1j) or s. 440.12.
SECTION 4. 448.02 (3m) of the statutes is created to
read:
448.02 (3m) INVESTIGATIONS; HEARING; ACTION FOR
GENDER TRANSITION MEDICAL INTERVENTION. The board
shall investigate allegations that any person holding a
license or certificate granted by the board has violated s.
146.36 (2). After an investigation, if the board finds that
there is probable cause to believe that the person violated
s. 146.36 (2), the board shall hold a hearing on such con-
duct. After a hearing, if the board determines that the per-
son has violated s. 146.36 (2), the board shall revoke the
person’s license or certificate. The board shall comply
with the rules of procedure for the investigation, hearing
and action that are promulgated under ss. 440.03 (1) and
448.40.
SECTION 5. 448.02 (6) of the statutes is amended to
read:
448.02 (6) RESTORATION OF LICENSE OR CERTIFICATE.
The board may restore any license or certificate that has
been voluntarily surrendered or revoked under any of the
provisions of this subchapter, on such terms and condi-
tions as it may deem appropriate, except for any license
or certificate revoked pursuant to sub. (3m), which may
not be restored by the board.
SECTION 6. 448.02 (9) (intro.) of the statutes is
amended to read:
448.02 (9) JUDICIAL REVIEW. (intro.) No injunction,
temporary injunction, stay, restraining order or other
order may be issued by a court in any proceeding for
review that suspends or stays an order of the board to dis-
cipline a physician under sub. (3) (c), to revoke a physi-
cian’s license under sub. (3m), or to suspend or limit a
physician’s license under sub. (4), except upon applica-
tion to the court and a determination by the court that all
of the following conditions are met:
SECTION 7. 448.978 (1m) of the statutes is created to
read:
448.978 (1m) Subject to the rules promulgated under
s. 440.03 (1), the board shall investigate allegations that
any person licensed under this subchapter has violated s.
146.36 (2). After an investigation, if the board finds that
there is probable cause to believe that the person violated
s. 146.36 (2), the board shall hold a hearing on such con-
duct. After a hearing, if the board determines that the per-
son has violated s. 146.36 (2), the board shall revoke the
person’s license.
SECTION 8. 448.978 (2) (intro.) of the statutes is
amended to read:
448.978 (2) (intro.) Subject to the rules promulgated
under s. 440.03 (1) and except as provided in sub. (1m),
if a person who applies for or holds a license issued under
s. 448.974 does any of the following, the board may repri-
mand the person or deny, limit, suspend, or revoke the
person’s license:
SECTION 9.0Nonstatutory provisions.
(1) LEGISLATIVE INTENT STATEMENT. By inclusion of
a 6−month delayed effective date in SECTION 10 (1) of this
act, the legislature intends to allow time for appropriate
medication tapering and discontinuation under the care
of a physician or other healthcare provider for any minor
who is using puberty−blocking drugs or cross−sex hor-
mones for the purpose of changing the minor’s body to
correspond to a sex that is discordant with the minor’s
biological sex and who will be a minor when the act takes
effect. For purposes of this subsection, the terms “biolog-
ical sex,” “healthcare provider,” and “minor” have the
meanings given in s. 146.36 (1).
SECTION 10.0Effective date.
(1) This act takes effect on the first day of the 7th
month beginning after publication.