Wisconsin 2025-2026 Regular Session

Wisconsin Assembly Bill AB49 Compare Versions

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

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1	1	2025 - 2026 LEGISLATURE
2	2	LRB-1458/1
3	3	EHS:cdc
4	4	2025 ASSEMBLY BILL 49
5	5	February 17, 2025 - Introduced by Representatives TITTL, MURSAU, BARE,
6	6	EMERSON, FITZGERALD, JOHNSON, MCCARVILLE, MIRESSE, PALMERI, ROE,
7	7	SINICKI, SUBECK, TUSLER, UDELL and WITTKE, cosponsored by Senators
8	8	CABRAL-GUEVARA, L. JOHNSON, KEYESKI and WALL. Referred to Committee on
9	9	Health, Aging and Long-Term Care.
10	10
11	11	*AUTHORS SUBJECT TO CHANGE*
12	12	AN ACT to create 48.374 of the statutes; relating to: a minor[s authority to
13	13	consent to health care.
14	14	Analysis by the Legislative Reference Bureau
15	15	This bill allows a minor who is an unaccompanied youth to consent to, contract
16	16	for, and receive medically necessary care without a parent[s or guardian[s
17	17	permission, authority, or consent under certain circumstances. The bill defines
18	18	Xunaccompanied youthY as the term is defined under federal law, which is a
19	19	homeless youth not in the physical custody of a parent or guardian. The bill defines
20	20	Xmedically necessary careY as a medical service that is required to prevent, identify,
21	21	or treat a recipient[s illness, injury, or disability and that meets a set of standards
22	22	specified in the bill.
23	23	Under the bill, in order to consent to health care, such a minor must be at least
24	24	14 years of age and must not be under the supervision of a county department of
25	25	human services or social services, a licensed child welfare agency, the Department
26	26	of Children and Families, or the Department of Corrections. Also under the bill,
27	27	one of the following must confirm in writing that the minor is an unaccompanied
28	28	youth: a local educational agency liaison for homeless children and youths
29	29	designated under federal law, a school social worker or counselor, an employee who
30	30	conducts intake at a shelter facility or transitional living program where the minor
31	31	has been admitted as an unaccompanied youth under current law, or the director, or
32	32	his or her designee, of a governmental or nonprofit entity that receives public or
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35	35	ASSEMBLY BILL 49
36	36	- 2 - LRB-1458/1
37	37	EHS:cdc
38	38	private funding to provide services to individuals who are homeless or to
39	39	unaccompanied youth.
40	40	Under the bill, a professional who provides medically necessary care to a
41	41	minor based on the minor[s consent given in conformity with the bill may not be
42	42	held liable in a civil or criminal action for providing those services without having
43	43	obtained permission from the minor[s parent or guardian.
44	44	The people of the state of Wisconsin, represented in senate and assembly, do
45	45	enact as follows:
46	46	SECTION 1. 48.374 of the statutes is created to read:
47	47	48.374 Minor consent for medical care. (1) In this section:
48	48	(a) XMedically necessary careY means a medical service that is required to
49	49	prevent, identify, or treat a recipient[s illness, injury, or disability and that meets
50	50	all of the following standards:
51	51	1. The medical service is consistent with the recipient[s symptoms or with
52	52	prevention, diagnosis, or treatment of the recipient[s illness, injury, or disability.
53	53	2. The medical service is provided in a manner that is consistent with
54	54	standards of acceptable quality of care applicable to the type of medical service, the
55	55	type of provider, and the setting in which the medical service is provided.
56	56	3. The medical service is appropriate with regard to generally accepted
57	57	standards of medical practice.
58	58	4. The medical service is not medically contraindicated with regard to the
59	59	recipient[s diagnosis, the recipient[s symptoms, or other medical services being
60	60	provided to the recipient.
61	61	5. The medical service is of proven medical value or usefulness and is not
62	62	experimental in nature.
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83	83	SECTION 1
84	84	6. The medical service is not duplicative with respect to other medical services
85	85	being provided to the recipient.
86	86	7. The medical service is not provided solely for the convenience of the
87	87	recipient, the recipient[s family, or a provider.
88	88	8. With respect to prior authorization of a medical service and to other
89	89	prospective coverage determinations made by the department, the medical service
90	90	is cost-effective compared to an alternative medical service that is reasonably
91	91	accessible to the recipient.
92	92	9. The medical service is the most appropriate supply or level of service that
93	93	can safely and effectively be provided to the recipient.
94	94	(b) XUnaccompanied youthY has the meaning given in 42 USC 11434a (6).
95	95	(2) Except as provided under s. 48.375, a minor may consent to, contract for,
96	96	and receive medically necessary care without a parent[s or guardian[s permission,
97	97	authority, or consent if all of the following apply:
98	98	(a) The minor is 14 years of age or older.
99	99	(b) The minor is not under the supervision of a county department, a licensed
100	100	child welfare agency, the department, or the department of corrections under this
101	101	chapter or ch. 938 or under the jurisdiction of the court.
102	102	(c) One of the following, who has obtained the minor[s consent to disclose the
103	103	minor[s status as an unaccompanied youth, confirms in writing that the minor is an
104	104	unaccompanied youth:
105	105	1. A local educational agency liaison for homeless children and youth
106	106	designated under 42 USC 11432 (g) (1) (J) (ii).
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130	130	ASSEMBLY BILL 49
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132	132	EHS:cdc
133	133	SECTION 1
134	134	2. A school social worker or counselor.
135	135	3. An employee who conducts intake at a shelter facility or transitional living
136	136	program where the minor has been admitted under s. 48.9875.
137	137	4. The director, or his or her designee, of a governmental or nonprofit entity
138	138	that receives public or private funding to provide services to individuals who are
139	139	homeless or to unaccompanied youth.
140	140	5. An attorney representing the minor in any legal matter.
141	141	(3) (a) A physician or other qualified professional licensed to practice in this
142	142	state who provides medically necessary care to a minor based on consent given by
143	143	the minor in conformity with this section may not be held liable in a civil or criminal
144	144	action for providing those services without having obtained permission from the
145	145	minor[s parent or guardian.
146	146	(b) This section does not relieve a physician or other qualified professional
147	147	licensed in this state from liability for negligence in the diagnosis or treatment of a
148	148	minor.
149	149	(4) (a) Identification of a minor as an unaccompanied youth does not by itself
150	150	establish that the minor has been abused or neglected.
151	151	(b) This section does not supersede the mandatory reporting requirements
152	152	under s. 48.981.
153	153	(c) This section does not affect any rights a minor has to consent to treatment
154	154	under ch. 51.
155	155	(END)
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