Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB428 Compare Versions

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

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1	1	LRB-4066/1
2	2	KMS:amn
3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 428
5	5	September 8, 2023 - Introduced by Senators ROYS, LARSON and SPREITZER,
6	6	cosponsored by Representatives SUBECK, PALMERI, J. ANDERSON, BALDEH,
7	7	CLANCY, CONSIDINE, EMERSON, JOERS, MADISON, OHNSTAD, RATCLIFF, SHELTON
8	8	and STUBBS. Referred to Committee on Health.
9	9	AN ACT to amend 46.03 (18) (b); and to create 252.043 of the statutes; relating
10	10	to: vaccination of minors without parental consent.
11	11	Analysis by the Legislative Reference Bureau
12	12	This bill requires a physician or other health care provider who is authorized
13	13	to administer a vaccination to administer a medically appropriate vaccine to a minor
14	14	who is 16 years of age or older and who requests to be vaccinated, regardless of
15	15	whether or not a parent or guardian consents to the vaccination of the minor. If a
16	16	parent or guardian is refusing to provide consent to the vaccination, the physician
17	17	or other health care provider shall obtain the minor's consent before billing a third
18	18	party for the services. If the minor does not consent to billing a third party, the minor
19	19	shall be responsible for paying for the services, which the Department of Health
20	20	Services shall bill to the minor based upon the minor's ability to pay.
21	21	For further information see the state fiscal estimate, which will be printed as
22	22	an appendix to this bill.
23	23	The people of the state of Wisconsin, represented in senate and assembly, do
24	24	enact as follows:
25	25	SECTION 1. 46.03 (18) (b) of the statutes is amended to read:
26	26	46.03 (18) (b) Except as provided in s. 46.10 (14) (b) and (c), any person
27	27	receiving services provided or purchased under par. (a) or the spouse of the person
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32	32	5 - 2 -2023 - 2024 Legislature LRB-4066/1
33	33	KMS:amn
34	34	SECTION 1 SENATE BILL 428
35	35	and, in the case of a minor, the parents of the person, and, in the case of a foreign child
36	36	described in s. 48.839 (1) who became dependent on public funds for his or her
37	37	primary support before an order granting his or her adoption, the resident of this
38	38	state appointed guardian of the child by a foreign court who brought the child into
39	39	this state for the purpose of adoption, shall be liable for the services in the amount
40	40	of the fee established under par. (a). If a minor receives services without consent of
41	41	a parent or guardian under s. 51.138 or, 51.47, or 252.043, the department or, if
42	42	applicable, the county department shall base the fee solely on the minor's ability to
43	43	pay.
44	44	SECTION 2. 252.043 of the statutes is created to read:
45	45	252.043 Vaccination of a minor without parental consent. (1) A
46	46	physician or other health care provider who is authorized to administer a vaccination
47	47	shall administer a medically appropriate vaccine to a minor who is 16 years of age
48	48	or older and who requests to be vaccinated, regardless of whether or not a parent or
49	49	guardian consents to the vaccination of the minor.
50	50	(2) For a vaccination administered under this section when a parent or
51	51	guardian refuses to provide consent, the physician or other health care provider shall
52	52	obtain the minor's consent before billing a 3rd party for the services. If the minor
53	53	does not consent to billing a 3rd party, the minor shall be responsible for paying for
54	54	the services, which the department shall bill to the minor under s. 46.03 (18) (b).
55	55	(END)
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