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2025 ASSEMBLY BILL 49
February 17, 2025 - Introduced by Representatives TITTL, MURSAU, BARE,
EMERSON, FITZGERALD, JOHNSON, MCCARVILLE, MIRESSE, PALMERI, ROE,
SINICKI, SUBECK, TUSLER, UDELL and WITTKE, cosponsored by Senators
CABRAL-GUEVARA, L. JOHNSON, KEYESKI and WALL. Referred to Committee on
Health, Aging and Long-Term Care.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to create 48.374 of the statutes; relating to: a minor[s authority to
consent to health care.
Analysis by the Legislative Reference Bureau
This bill allows a minor who is an unaccompanied youth to consent to, contract
for, and receive medically necessary care without a parent[s or guardian[s
permission, authority, or consent under certain circumstances. The bill defines
Xunaccompanied youthY as the term is defined under federal law, which is a
homeless youth not in the physical custody of a parent or guardian. The bill defines
Xmedically necessary careY as a medical service that is required to prevent, identify,
or treat a recipient[s illness, injury, or disability and that meets a set of standards
specified in the bill.
Under the bill, in order to consent to health care, such a minor must be at least
14 years of age and must not be under the supervision of a county department of
human services or social services, a licensed child welfare agency, the Department
of Children and Families, or the Department of Corrections. Also under the bill,
one of the following must confirm in writing that the minor is an unaccompanied
youth: a local educational agency liaison for homeless children and youths
designated under federal law, a school social worker or counselor, an employee who
conducts intake at a shelter facility or transitional living program where the minor
has been admitted as an unaccompanied youth under current law, or the director, or
his or her designee, of a governmental or nonprofit entity that receives public or
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private funding to provide services to individuals who are homeless or to
unaccompanied youth.
Under the bill, a professional who provides medically necessary care to a
minor based on the minor[s consent given in conformity with the bill may not be
held liable in a civil or criminal action for providing those services without having
obtained permission from the minor[s parent or guardian.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 48.374 of the statutes is created to read:
48.374 Minor consent for medical care. (1) In this section:
(a) XMedically necessary careY means a medical service that is required to
prevent, identify, or treat a recipient[s illness, injury, or disability and that meets
all of the following standards:
1. The medical service is consistent with the recipient[s symptoms or with
prevention, diagnosis, or treatment of the recipient[s illness, injury, or disability.
2. The medical service is provided in a manner that is consistent with
standards of acceptable quality of care applicable to the type of medical service, the
type of provider, and the setting in which the medical service is provided.
3. The medical service is appropriate with regard to generally accepted
standards of medical practice.
4. The medical service is not medically contraindicated with regard to the
recipient[s diagnosis, the recipient[s symptoms, or other medical services being
provided to the recipient.
5. The medical service is of proven medical value or usefulness and is not
experimental in nature.
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SECTION 1
6. The medical service is not duplicative with respect to other medical services
being provided to the recipient.
7. The medical service is not provided solely for the convenience of the
recipient, the recipient[s family, or a provider.
8. With respect to prior authorization of a medical service and to other
prospective coverage determinations made by the department, the medical service
is cost-effective compared to an alternative medical service that is reasonably
accessible to the recipient.
9. The medical service is the most appropriate supply or level of service that
can safely and effectively be provided to the recipient.
(b) XUnaccompanied youthY has the meaning given in 42 USC 11434a (6).
(2) Except as provided under s. 48.375, a minor may consent to, contract for,
and receive medically necessary care without a parent[s or guardian[s permission,
authority, or consent if all of the following apply:
(a) The minor is 14 years of age or older.
(b) The minor is not under the supervision of a county department, a licensed
child welfare agency, the department, or the department of corrections under this
chapter or ch. 938 or under the jurisdiction of the court.
(c) One of the following, who has obtained the minor[s consent to disclose the
minor[s status as an unaccompanied youth, confirms in writing that the minor is an
unaccompanied youth:
1. A local educational agency liaison for homeless children and youth
designated under 42 USC 11432 (g) (1) (J) (ii).
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SECTION 1
2. A school social worker or counselor.
3. An employee who conducts intake at a shelter facility or transitional living
program where the minor has been admitted under s. 48.9875.
4. The director, or his or her designee, of a governmental or nonprofit entity
that receives public or private funding to provide services to individuals who are
homeless or to unaccompanied youth.
5. An attorney representing the minor in any legal matter.
(3) (a) A physician or other qualified professional licensed to practice in this
state who provides medically necessary care to a minor based on consent given by
the minor in conformity with this section may not be held liable in a civil or criminal
action for providing those services without having obtained permission from the
minor[s parent or guardian.
(b) This section does not relieve a physician or other qualified professional
licensed in this state from liability for negligence in the diagnosis or treatment of a
minor.
(4) (a) Identification of a minor as an unaccompanied youth does not by itself
establish that the minor has been abused or neglected.
(b) This section does not supersede the mandatory reporting requirements
under s. 48.981.
(c) This section does not affect any rights a minor has to consent to treatment
under ch. 51.
(END)
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