Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB609 Compare Versions

Only one version of the bill is available at this time.

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1	1	LRB-0286/1
2	2	JPC:cdc
3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 609
5	5	October 31, 2023 - Introduced by Representatives SORTWELL, MURPHY, ROZAR,
6	6	ALLEN, BEHNKE, BODDEN, BRANDTJEN, CALLAHAN, EDMING, MAGNAFICI,
7	7	MICHALSKI, O'CONNOR, PENTERMAN, RETTINGER, SCHRAA and SCHUTT,
8	8	cosponsored by Senators NASS, CABRAL-GUEVARA and STROEBEL. Referred to
9	9	Committee on Health, Aging and Long-Term Care.
10	10	*AUTHORS SUBJECT TO CHANGE*
11	11	AN ACT to create 146.50 and 440.208 of the statutes; relating to: prohibiting
12	12	discrimination or retaliation against health care providers by health care
13	13	entities and credentialing boards for ordering or discussing innovative or novel
14	14	therapies.
15	15	Analysis by the Legislative Reference Bureau
16	16	This bill prevents health care entities and credentialing boards from
17	17	discriminating or retaliating against health care providers for ordering innovative
18	18	therapies or novel therapies if certain conditions are met, including: 1) the health
19	19	care provider orders the therapy based on his or her assessment of the patient and
20	20	any available clinical data supporting the therapy; 2) the patient requests the
21	21	innovative therapy or novel therapy; and 3) the ordered therapy, if the therapy is a
22	22	drug, device, or biological product, is either approved or authorized for emergency
23	23	use by the federal Food and Drug Administration. Further, this bill prevents any
24	24	health care entity or credentialing board from restricting any health care provider
25	25	from informing a patient of any innovative or novel therapy that may potentially
26	26	benefit the patient. The protections provided under the bill do not apply to a health
27	27	care provider who orders any drug, device, or biological product that is intended to
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32	32	JPC:cdc
33	33	ASSEMBLY BILL 609
34	34	delay or suppress pubertal development in a minor for the purpose of assisting the
35	35	minor with a gender transition.
36	36	The people of the state of Wisconsin, represented in senate and assembly, do
37	37	enact as follows:
38	38	SECTION 1. 146.50 of the statutes is created to read:
39	39	146.50 Novel and innovative therapies. (1) In this section:
40	40	(a) “Biological sex” means the biological indication of male or female in the
41	41	context of reproductive potential or capacity, such as by sex chromosomes, naturally
42	42	occurring sex hormones, gonads, and unambiguous internal and external genitalia
43	43	present at birth, without regard to psychological, chosen, or subjective experience of
44	44	gender.
45	45	(b) “Gender transition” means a process in which an individual goes from
46	46	identifying with and living as a gender that corresponds with the individual's
47	47	biological sex to identifying with and living as a gender different from the
48	48	individual's biological sex.
49	49	(c) “Health care entity” has the meaning given for “health care provider” in s.
50	50	146.81 (1) (i) to (p).
51	51	(d) “Health care provider” has the meaning given in s. 146.81 (1) (a) to (hp).
52	52	(2) No health care entity may retaliate against, discriminate against, or deny
53	53	privileges to a health care provider for ordering an innovative or novel therapy if all
54	54	of the following apply:
55	55	(a) The health care provider orders the innovative or novel therapy based on
56	56	his or her assessment of the patient and any available clinical data supporting the
57	57	innovative or novel therapy.
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78	78	LRB-0286/1
79	79	JPC:cdc
80	80	SECTION 1
81	81	ASSEMBLY BILL 609
82	82	(b) The patient is informed of all reasonable alternative courses of treatment
83	83	and requests the innovative or novel therapy over alternative courses of treatment.
84	84	(c) If the ordered innovative or novel therapy is a drug, device, or biological
85	85	product, the ordered drug, device, or biological product is approved by the federal
86	86	food and drug administration under 21 USC 355 or is authorized for emergency use
87	87	by the federal food and drug administration under 21 USC 360bbb-3.
88	88	(3) A health care entity may not restrict, directly or indirectly, any health care
89	89	provider from informing a patient of any innovative or novel therapy that may
90	90	potentially benefit the patient.
91	91	(4) This section does not apply to a health care provider who orders any drug,
92	92	device, or biological product that is intended to delay or suppress pubertal
93	93	development in a minor for the purpose of assisting the minor with a gender
94	94	transition.
95	95	SECTION 2. 440.208 of the statutes is created to read:
96	96	440.208 Novel and innovative therapies. (1) In this section, “health care
97	97	provider” has the meaning given in s. 146.81 (1) (a) to (hp).
98	98	(2) No credentialing board may retaliate against, discriminate against, or
99	99	deny, suspend, limit, or revoke a credential to a health care provider for ordering an
100	100	innovative or novel therapy if all of the following apply:
101	101	(a) The health care provider orders the innovative or novel therapy based on
102	102	his or her assessment of the patient and any available clinical data supporting the
103	103	innovative or novel therapy.
104	104	(b) The patient is informed of all reasonable alternative courses of treatment
105	105	and requests the innovative or novel therapy over alternative courses of treatment.
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129	129	24 - 4 -2023 - 2024 Legislature LRB-0286/1
130	130	JPC:cdc
131	131	SECTION 2 ASSEMBLY BILL 609
132	132	(c) If the ordered innovative or novel therapy is a drug, device, or biological
133	133	product, the ordered drug, device, or biological product is approved by the federal
134	134	food and drug administration under 21 USC 355 or is authorized for emergency use
135	135	by the federal food and drug administration under 21 USC 360bbb-3.
136	136	(3) No credentialing board may restrict, directly or indirectly, by rule or any
137	137	other official action, any health care provider from informing a patient of any
138	138	innovative or novel therapy that may potentially benefit the patient.
139	139	(4) This section does not apply to a health care provider who orders any drug,
140	140	device, or biological product that is intended to delay or suppress pubertal
141	141	development in a minor for the purpose of assisting the minor with a gender
142	142	transition, as defined in s. 146.50 (1) (b).
143	143	(END)
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