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Wisconsin Senate Bill SB157

Wisconsin 2025-2026 Regular Session

Wisconsin Senate Bill SB157 Compare Versions

Only one version of the bill is available at this time.
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11 2025 - 2026 LEGISLATURE
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44 2025 SENATE BILL 157
55 March 27, 2025 - Introduced by Senators TOMCZYK, KAPENGA, NASS, QUINN and
66 WIMBERGER, cosponsored by Representatives ALLEN, VOS, BEHNKE, BRILL,
77 BROOKS, CALLAHAN, DITTRICH, GOEBEN, GREEN, GUNDRUM, HURD, B.
88 JACOBSON, KNODL, KREIBICH, MAXEY, MURPHY, MURSAU, NEDWESKI, NEYLON,
99 O'CONNOR, PENTERMAN, STEFFEN, TUCKER, TUSLER and WICHGERS. Referred
1010 to Committee on Government Operations, Labor and Economic Development.
1111
1212 ***AUTHORS SUBJECT TO CHANGE***
1313 AN ACT to amend 441.07 (2), 448.02 (6), 448.02 (9) (intro.) and 448.978 (2)
1414 (intro.); to create 146.36, 441.07 (1j), 448.02 (3m) and 448.978 (1v) of the
1515 statutes; relating to: prohibiting gender transition medical intervention for
1616 individuals under 18 years of age.
1717 Analysis by the Legislative Reference Bureau
1818 This bill prohibits health care providers from engaging in, causing the
1919 engagement in, or making referrals for, certain medical intervention practices upon
2020 an individual under 18 years of age if done for the purpose of changing the minor[s
2121 body to correspond to a sex that is discordant with the minor[s biological sex. The
2222 prohibitions under the bill do not apply to any of the following: 1) a health care
2323 provider providing a service in accordance with a good faith medical decision of a
2424 parent or guardian of a minor born with a medically verifiable genetic disorder of
2525 sex development; 2) the treatment of any infection, injury, disease, or disorder that
2626 has been caused by or exacerbated by the performance of a gender transition
2727 medical procedure, whether or not that procedure was performed in accordance
2828 with state and federal law; or 3) any procedure undertaken because the minor
2929 suffers from a physical disorder, physical injury, or physical illness that would, as
3030 certified by a physician, place the minor in imminent danger of death or
3131 impairment of a major bodily function unless surgery is performed.
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3939 SECTION 1
4040 Under the bill, the Board of Nursing, the Medical Examining Board, and the
4141 Physician Assistant Affiliated Credentialing Board are required to investigate any
4242 allegation that any person licensed or certified by the respective boards has violated
4343 any of the prohibitions on engaging in, causing the engagement in, or making
4444 certain referrals for the medical intervention practices described in the bill. Upon a
4545 finding by the Board of Nursing, the Medical Examining Board, or the Physician
4646 Assistant Affiliated Credentialing Board that the holder of a license or certificate
4747 has violated any of these prohibitions, the bill requires the Board of Nursing, the
4848 Medical Examining Board, or the Physician Affiliated Credentialing Board to
4949 revoke that person[s license or certificate.
5050 The people of the state of Wisconsin, represented in senate and assembly, do
5151 enact as follows:
5252 SECTION 1. 146.36 of the statutes is created to read:
5353 146.36 Gender transition medical intervention. (1) DEFINITIONS. In
5454 this section:
5555 (a) XBiological sexY means the biological state of being female or male based
5656 on sex organs, chromosomes, and endogenous hormone profiles.
5757 (b) XHealth care providerY has the meaning given in s. 146.81 (1) (a) to (hp).
5858 (c) XMinorY means an individual who is under 18 years of age.
5959 (2) PROHIBITION. A health care provider may not engage in, cause the
6060 engagement in, or make a referral for, any of the following practices upon a minor
6161 for the purpose of changing the minor[s body to correspond to a sex that is
6262 discordant with the minor[s biological sex:
6363 (a) Performing a surgery that sterilizes an individual, including castration,
6464 vasectomy, hysterectomy, oophorectomy, metoidioplasty, orchiectomy, penectomy,
6565 phalloplasty, and vaginoplasty.
6666 (b) Performing a mastectomy.
6767 (c) Administering, prescribing, or supplying any of the following medications:
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8787 SECTION 1
8888 1. Puberty-blocking drugs to stop or delay normal puberty.
8989 2. Supraphysiologic doses of testosterone or other androgens to biological
9090 females.
9191 3. Supraphysiologic doses of estrogen to biological males.
9292 (d) Removing any otherwise healthy or nondiseased body part or tissue.
9393 (3) APPLICABILITY LIMITATION. This section does not apply to any of the
9494 following:
9595 (a) A health care provider providing a service in accordance with a good faith
9696 medical decision of a parent or guardian of a minor born with a medically verifiable
9797 genetic disorder of sex development, including any of the following:
9898 1. External biological sex characteristics that are irresolvably ambiguous,
9999 such as in those born with 46,XX karyotype with virilization, with 46,XY karyotype
100100 with undervirilization, or having both ovarian and testicular tissue.
101101 2. A sexual development disorder when a physician has determined through
102102 genetic testing that the minor does not have the normal sex chromosome structure,
103103 sex steroid hormone production, or sex steroid hormone action for a biological male
104104 or biological female.
105105 (b) The treatment of any infection, injury, disease, or disorder that has been
106106 caused by or exacerbated by the performance of a gender transition medical
107107 procedure, whether or not that procedure was performed in accordance with state
108108 and federal law.
109109 (c) Any procedure undertaken because the minor suffers from a physical
110110 disorder, physical injury, or physical illness that would, as certified by a physician,
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137137 SECTION 1
138138 place the minor in imminent danger of death or impairment of a major bodily
139139 function unless surgery is performed.
140140 SECTION 2. 441.07 (1j) of the statutes is created to read:
141141 441.07 (1j) Subject to the rules promulgated under s. 440.03 (1), the board
142142 shall investigate allegations that any person licensed under this chapter has
143143 violated s. 146.36 (2). After an investigation, if the board finds that there is
144144 probable cause to believe that the person violated s. 146.36 (2), the board shall hold
145145 a hearing on such conduct. After a hearing, if the board determines that the person
146146 has violated s. 146.36 (2), the board shall revoke the person[s license and, if
147147 applicable, the person[s certificate to issue prescription orders under s. 441.16.
148148 SECTION 3. 441.07 (2) of the statutes is amended to read:
149149 441.07 (2) The board may reinstate a revoked license, no earlier than one year
150150 following revocation, upon receipt of an application for reinstatement. This
151151 subsection does not apply to a license that is revoked under sub. (1j) or s. 440.12.
152152 SECTION 4. 448.02 (3m) of the statutes is created to read:
153153 448.02 (3m) INVESTIGATIONS; HEARING; ACTION FOR GENDER TRANSITION
154154 MEDICAL INTERVENTION. The board shall investigate allegations that any person
155155 holding a license or certificate granted by the board has violated s. 146.36 (2). After
156156 an investigation, if the board finds that there is probable cause to believe that the
157157 person violated s. 146.36 (2), the board shall hold a hearing on such conduct. After
158158 a hearing, if the board determines that the person has violated s. 146.36 (2), the
159159 board shall revoke the person[s license or certificate. The board shall comply with
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185185 SECTION 4
186186 the rules of procedure for the investigation, hearing, and action that are
187187 promulgated under ss. 440.03 (1) and 448.40.
188188 SECTION 5. 448.02 (6) of the statutes is amended to read:
189189 448.02 (6) RESTORATION OF LICENSE OR CERTIFICATE. The board may restore
190190 any license or certificate that has been voluntarily surrendered or revoked under
191191 any of the provisions of this subchapter, on such terms and conditions as it may
192192 deem appropriate, except that the board may not restore any license or certificate
193193 that was revoked pursuant to sub. (3m).
194194 SECTION 6. 448.02 (9) (intro.) of the statutes is amended to read:
195195 448.02 (9) JUDICIAL REVIEW. (intro.) No injunction, temporary injunction,
196196 stay, restraining order or other order may be issued by a court in any proceeding for
197197 review that suspends or stays an order of the board to discipline a physician under
198198 sub. (3) (c), to revoke a physician[s license under sub. (3m), or to suspend or limit a
199199 physician[s license under sub. (4), except upon application to the court and a
200200 determination by the court that all of the following conditions are met:
201201 SECTION 7. 448.978 (1v) of the statutes is created to read:
202202 448.978 (1v) Subject to the rules promulgated under s. 440.03 (1), the board
203203 shall investigate allegations that any person licensed under this subchapter has
204204 violated s. 146.36 (2). After an investigation, if the board finds that there is
205205 probable cause to believe that the person violated s. 146.36 (2), the board shall hold
206206 a hearing on such conduct. After a hearing, if the board determines that the person
207207 has violated s. 146.36 (2), the board shall revoke the person[s license.
208208 SECTION 8. 448.978 (2) (intro.) of the statutes is amended to read:
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235235 SECTION 8
236236 448.978 (2) (intro.) Subject to the rules promulgated under s. 440.03 (1) and
237237 except as provided in sub. (1v), if a person who applies for or holds a license or
238238 compact privilege issued under s. 448.974 does any of the following, the board may
239239 reprimand the person or deny, limit, suspend, or revoke the person[s license or
240240 compact privilege:
241241 SECTION 9. Nonstatutory provisions.
242242 (1) LEGISLATIVE INTENT STATEMENT. By including a 6-month delayed effective
243243 date in SECTION 10 (1) of this act, the legislature intends to allow time for
244244 appropriate medication tapering and discontinuation under the care of a physician
245245 or other health care provider for any minor who is using puberty-blocking drugs or
246246 cross-sex hormones for the purpose of changing the minor[s body to correspond to a
247247 sex that is discordant with the minor[s biological sex and who will be a minor when
248248 the act takes effect. For purposes of this subsection, the terms Xbiological sex,Y
249249 Xhealth care provider,Y and XminorY have the meanings given in s. 146.36 (1).
250250 SECTION 10. Effective date.
251251 (1) This act takes effect on the first day of the 7th month beginning after
252252 publication.
253253 (END)
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