Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB1020 Compare Versions

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

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 1020
5	5	February 13, 2024 - Introduced by Senator CABRAL-GUEVARA, cosponsored by
6	6	Representatives SORTWELL, MOSES, ALLEN, ARMSTRONG, BEHNKE, BODDEN,
7	7	DITTRICH, GOEBEN, S. JOHNSON, MAGNAFICI, MURPHY, O'CONNOR, PENTERMAN,
8	8	ROZAR, SCHMIDT, SCHRAA and SCHUTT. Referred to Committee on Health.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to amend 448.02 (3) (a); and to create 146.85 and 321.12 (3) of the
11	11	statutes; relating to: informed consent for medical research.
12	12	Analysis by the Legislative Reference Bureau
13	13	This bill prohibits health care providers from subjecting a patient to medical
14	14	research without the express and informed consent of the patient or the patient's
15	15	authorized representative. The bill defines an “authorized representative” as a
16	16	health care agent acting under an activated power of attorney for health care, a
17	17	guardian, or, for a patient who is under 14 years of age, a parent or legal custodian.
18	18	Under the bill, an allegation that a physician subjected a patient to medical research
19	19	without consent is considered an allegation of unprofessional conduct. Under
20	20	current law, the Medical Examining Board must investigate any allegation of a
21	21	physician's unprofessional conduct and, upon finding a physician guilty of
22	22	unprofessional conduct, may warn or reprimand that physician or limit, suspend, or
23	23	revoke any licensed granted by the board to that physician.
24	24	The bill also requires the chief surgeons of the army and air national guard to
25	25	ensure that no army or air force medical personnel subjects a patient to medical
26	26	research without the express and informed consent of the patient or the patient's
27	27	authorized representative.
28	28	The people of the state of Wisconsin, represented in senate and assembly, do
29	29	enact as follows:
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33	33	SECTION 1 SENATE BILL 1020
34	34	SECTION 1. 146.85 of the statutes is created to read:
35	35	146.85 Medical research consent requirement. (1) DEFINITIONS. In this
36	36	section:
37	37	(a) “Authorized representative” has the meaning given in s. 252.15 (1) (ac).
38	38	(b) “Health care provider” has the meaning given in s. 146.81 (1).
39	39	(2) PROHIBITION. No health care provider may subject a patient to medical
40	40	research without the express and informed consent of the patient or the patient's
41	41	authorized representative.
42	42	SECTION 2. 321.12 (3) of the statutes is created to read:
43	43	321.12 (3) The chief surgeons for the army and the air national guard shall
44	44	ensure that no army or air force medical personnel subjects a patient to medical
45	45	research without the express and informed consent of the patient or the patient's
46	46	authorized representative, as defined in s. 252.15 (1) (ac).
47	47	SECTION 3. 448.02 (3) (a) of the statutes is amended to read:
48	48	448.02 (3) (a) The board shall investigate allegations of unprofessional conduct
49	49	and negligence in treatment by persons holding a license or certificate granted by the
50	50	board. An allegation that a physician has violated s. 146.85 (2), 253.10 (3), 448.30
51	51	or 450.13 (2) or has failed to mail or present a medical certification required under
52	52	s. 69.18 (2) within 21 days after the pronouncement of death of the person who is the
53	53	subject of the required certificate or that a physician has failed at least 6 times within
54	54	a 6-month period to mail or present a medical certificate required under s. 69.18 (2)
55	55	within 6 days after the pronouncement of death of the person who is the subject of
56	56	the required certificate is an allegation of unprofessional conduct. Information
57	57	contained in reports filed with the board under s. 49.45 (2) (a) 12r., 50.36 (3) (b),
58	58	609.17 or 632.715, or under 42 CFR 1001.2005, shall be investigated by the board.
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86	86	SECTION 3
87	87	SENATE BILL 1020
88	88	Information contained in a report filed with the board under s. 655.045 (1), as created
89	89	by 1985 Wisconsin Act 29, which is not a finding of negligence or in a report filed with
90	90	the board under s. 50.36 (3) (c) may, within the discretion of the board, be used as the
91	91	basis of an investigation of a person named in the report. The board may require a
92	92	person holding a license or certificate to undergo and may consider the results of one
93	93	or more physical, mental or professional competency examinations if the board
94	94	believes that the results of any such examinations may be useful to the board in
95	95	conducting its investigation.
96	96	SECTION 4.0Initial applicability.
97	97	(1) This act first applies to medical research that is scheduled to begin after the
98	98	effective date of this subsection.
99	99	(END)
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