LRB-0482/1
JPC:amn
2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 611
October 31, 2023 - Introduced by Representatives SORTWELL, ROZAR, ALLEN,
BEHNKE, BODDEN, BRANDTJEN, BROOKS, CALLAHAN, EDMING, GOEBEN,
MAGNAFICI, MICHALSKI, MURPHY, O'CONNOR, RETTINGER, SCHRAA, SCHUTT and
WICHGERS, cosponsored by Senators NASS and CABRAL-GUEVARA. Referred to
Committee on Health, Aging and Long-Term Care.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to create 146.98 and 440.10 of the statutes; relating to: right of health
care providers to express professional opinions related to health or medical
information or guidance.
Analysis by the Legislative Reference Bureau
This bill establishes a right of health care providers to express their
professional opinions related to health or medical information or guidance, including
any statements, policies, studies, publications, or orders. The bill prohibits any
health care entity from retaliating against, discriminating against, or taking
adverse action against a health care provider for expressing his or her professional
opinions. However, the bill excepts health care entities that are faith-based or
religious institutions that have published religious, moral, or ethical policies or
guidelines from the requirements of the bill to the extent that an action taken by a
health care provider violates the institution's religious, moral, or ethical policies or
guidelines. Further, the bill prohibits any examining board or affiliated
credentialing board in the Department of Safety and Professional Services from
retaliating against, discriminating against, or taking adverse action against, or
denying, suspending, limiting, or revoking a credential to, a health care provider for
expressing his or her professional opinions.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
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JPC:amn
SECTION 1 ASSEMBLY BILL 611
SECTION 1. 146.98 of the statutes is created to read:
146.98 Right of health care providers to express professional opinions.
(1) In this section:
(a) “Health care entity” has the meaning given for “health care provider” in s.
146.81 (1) (i) to (p).
(b) “Health care provider” has the meaning given in s. 146.81 (1) (a) to (hp).
(2) No health care entity may retaliate, discriminate, or take adverse action
against a health care provider for expressing the health care provider's professional
opinions relating to any health or medical information or guidance, including any
statements, policies, studies, publications, or orders.
(3) This section does not apply to health care entities that are faith-based or
religious institutions that have published religious, moral, or ethical policies or
guidelines to the extent that an action taken by a health care provider violates the
institution's religious, moral, or ethical policies or guidelines.
SECTION 2. 440.10 of the statutes is created to read:
440.10 Right of health care providers to express professional opinions.
(1) In this section, “health care provider” has the meaning given in s. 146.81 (1) (a)
to (hp).
(2) No credentialing board may retaliate against, discriminate against, or take
adverse action against, or deny, suspend, limit, or revoke a credential to, a health
care provider for expressing the health care provider's professional opinions relating
to any health or medical information or guidance, including any statements, policies,
studies, publications, or orders.
(END)
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