Wisconsin 2025-2026 Regular Session

Wisconsin Senate Bill SB145 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-1271/1
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4	4	2025 SENATE BILL 145
5	5	March 21, 2025 - Introduced by Senators JAGLER, FEYEN, DASSLER-ALFHEIM,
6	6	JAMES, L. JOHNSON, SPREITZER, TESTIN and WALL, cosponsored by
7	7	Representatives DITTRICH, DUCHOW, ANDRACA, KNODL, MURPHY, MURSAU,
8	8	SINICKI, STUBBS and SUBECK. Referred to Committee on Health.
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10	10	*AUTHORS SUBJECT TO CHANGE*
11	11	AN ACT to create 253.13 (6) of the statutes; relating to: the procedure for
12	12	adding federal newborn screening recommendations to the state-required
13	13	newborn screenings, granting rule-making authority, and providing an
14	14	exemption from emergency rule procedures.
15	15	Analysis by the Legislative Reference Bureau
16	16	In general, under current law, newborns must be tested for certain congenital
17	17	and metabolic disorders as specified in rules promulgated by the Department of
18	18	Health Services. The federal Department of Health and Human Services
19	19	maintains a list of disorders for which it recommends testing in newborns, known
20	20	as the federal Recommended Uniform Screening Panel (RUSP).
21	21	Under this bill, DHS must evaluate each disorder that is included in the RUSP
22	22	as of January 1, 2025, to determine whether newborns in this state should be tested
23	23	for that disorder. This requirement does not apply to any disorder in the RUSP if,
24	24	as of January 1, 2025, the disorder is already included in the list of disorders for
25	25	which newborns must be tested in this state. In addition, the bill requires DHS to
26	26	evaluate any disorder added to the RUSP after January 1, 2025, to determine
27	27	whether newborns in this state should be tested for that newly added disorder. If
28	28	DHS determines newborns should not be tested for the disorder, DHS must
29	29	annually review medical literature and the department[s capacity and resources to
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33	33	4 2025 - 2026 Legislature
34	34	SENATE BILL 145
35	35	- 2 - LRB-1271/1
36	36	KMS:cdc
37	37	SECTION 1
38	38	test for the disorder in order to determine whether to reevaluate the inclusion of the
39	39	disorder in newborn testing in this state. If, in any of these evaluations or
40	40	reevaluations, DHS determines that a disorder in the RUSP should be added to the
41	41	list of disorders for which newborns must be tested in this state, the bill requires
42	42	DHS to promulgate rules to add that disorder.
43	43	The requirements for evaluations, reviews, and reevaluations under the bill do
44	44	not apply to a disorder in the RUSP if DHS is in the process of adding, by rule, the
45	45	disorder to the list of disorders for which newborns must be tested in this state.
46	46	However, if the rule-making procedure for that disorder does not result in
47	47	promulgation of a rule, then DHS must consider the disorder under the review and
48	48	reevaluation procedures under the bill.
49	49	For further information see the state fiscal estimate, which will be printed as
50	50	an appendix to this bill.
51	51	The people of the state of Wisconsin, represented in senate and assembly, do
52	52	enact as follows:
53	53	SECTION 1. 253.13 (6) of the statutes is created to read:
54	54	253.13 (6) FEDERAL RECOMMENDATIONS ; EVALUATION PROCEDURE. (a) Initial
55	55	evaluation. 1. Subject to subd. 2., for any disorder that is added to the federal
56	56	recommended uniform screening panel approved by the federal department of
57	57	health and human services after January 1, 2025, and that is not included in the
58	58	list of disorders under s. DHS 115.04, Wis. Adm. Code, the department shall do all
59	59	of the following within 18 months after the addition of the disorder:
60	60	a. Conduct an initial evaluation to determine whether the disorder should be
61	61	included in the testing required under this section.
62	62	b. If the department determines that the disorder should be included in the
63	63	testing required under this section, commence rule making to add the disorder to
64	64	the list under s. DHS 115.04, Wis. Adm. Code.
65	65	2. This paragraph does not apply to any disorder included in the federal
66	66	recommended uniform screening panel that will be added to the list of disorders
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81	81	SENATE BILL 145
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84	84	SECTION 1
85	85	under s. DHS 115.04, Wis. Adm. Code, pending promulgation of a rule for which the
86	86	department has commenced rule-making procedures as of the effective date of this
87	87	subdivision .... [LRB inserts date].
88	88	(b) Annual review. 1. Subject to subd. 2., the department shall do all of the
89	89	following on an annual basis for any disorder the department determines in an
90	90	initial evaluation under par. (a) or a reevaluation under par. (c) should not be
91	91	included in the testing required under this section and for any disorder that was the
92	92	subject of rule making under par. (a) 2. or 2025 Wisconsin Act .... (this act), section
93	93	2 (2), that did not result in the promulgation of a rule:
94	94	a. Review the medical literature published on the disorder since the initial
95	95	evaluation or the commencement of rule making under par. (a) 2. or 2025 Wisconsin
96	96	Act .... (this act), section 2 (2), to determine whether new information has been
97	97	identified that would merit a reevaluation of whether testing for the disorder
98	98	should be included in the testing required under this section.
99	99	b. Determine whether the department has the capacity and resources needed
100	100	to include testing for the disorder in the testing required under this section.
101	101	2. This paragraph does not apply to any disorder that is removed from the
102	102	federal recommended uniform screening panel.
103	103	(c) Reevaluation. If the department finds in an annual review under par. (b)
104	104	that new information has been identified that would merit a reevaluation of
105	105	whether testing for a disorder should be included in the testing required under this
106	106	section or that the department has the capacity and resources needed to include
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129	129	SENATE BILL 145
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132	132	SECTION 1
133	133	testing for the disorder in the testing required under this section, the department
134	134	shall do all of the following within 18 months of completing the annual review:
135	135	1. Conduct a reevaluation to determine whether testing for the disorder
136	136	should be included in the testing required under this section.
137	137	2. If the department determines in the reevaluation that testing for a disorder
138	138	should be included in the testing required under this section, commence rule
139	139	making to add the disorder to the list under s. DHS 115.04, Wis. Adm. Code.
140	140	(d) Emergency rule making. The department may use the procedure under s.
141	141	227.24 to promulgate a rule under this subsection or 2025 Wisconsin Act .... (this
142	142	act), section 2 (1) (b). Notwithstanding s. 227.24 (1) (a) and (3), the department is
143	143	not required to provide evidence that promulgating a rule under this paragraph as
144	144	an emergency rule is necessary for the preservation of the public peace, health,
145	145	safety, or welfare and is not required to provide a finding of emergency for a rule
146	146	promulgated under this paragraph. Notwithstanding s. 227.24 (1) (c) and (2), if the
147	147	department submits in proposed form a permanent rule to the legislative council
148	148	staff under s. 227.15 (1) within 15 months of the date the statement of scope of the
149	149	emergency rule promulgated under this paragraph is published in the register
150	150	under s. 227.135 (3), the emergency rule remains in effect until the date on which
151	151	the permanent rule takes effect or the date on which the statement of scope expires
152	152	under s. 227.135 (5), whichever occurs first.
153	153	(e) Implementation. The department shall ensure that testing for any
154	154	disorder added by rule to the list under s. DHS 115.04, Wis. Adm. Code, in
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176	176	22 2025 - 2026 Legislature
177	177	SENATE BILL 145
178	178	- 5 - LRB-1271/1
179	179	KMS:cdc
180	180	SECTION 1
181	181	accordance with this subsection begins within 6 months after the date of
182	182	publication, as defined in s. 227.22 (1), of the rule.
183	183	SECTION 2. Nonstatutory provisions.
184	184	(1) For any disorder included in the federal recommended uniform screening
185	185	panel approved by the federal department of health and human services as of
186	186	January 1, 2025, that is not included in the list of disorders under s. DHS 115.04,
187	187	Wis. Adm. Code, on the effective date of this subsection, the department of health
188	188	services shall do all of the following within 18 months of the effective date of this
189	189	subsection:
190	190	(a) Evaluate whether the disorder should be included in the testing required
191	191	under s. 253.13 (1).
192	192	(b) If, in its evaluation, the department of health services determines that the
193	193	disorder should be included in the testing required under s. 253.13 (1), commence
194	194	rule making to add the disorder to the list under s. DHS 115.04, Wis. Adm. Code.
195	195	(2) Subsection (1) does not apply to any disorder included in the federal
196	196	recommended uniform screening panel that will be added to the list of disorders
197	197	under s. DHS 115.04, Wis. Adm. Code, pending promulgation of a rule for which the
198	198	department of health services has commenced the rule-making procedure as of the
199	199	effective date of this subsection.
200	200	(3) The department of health services shall ensure that testing for any
201	201	disorder added by rule to the list under s. DHS 115.04, Wis. Adm. Code, in
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223	223	SENATE BILL 145
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226	226	SECTION 2
227	227	accordance with sub. (1) begins within 6 months after the date of publication, as
228	228	defined in s. 227.22 (1), of the rule.
229	229	(END)
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