2025 - 2026 LEGISLATURE
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2025 SENATE BILL 157
March 27, 2025 - Introduced by Senators TOMCZYK, KAPENGA, NASS, QUINN and
WIMBERGER, cosponsored by Representatives ALLEN, VOS, BEHNKE, BRILL,
BROOKS, CALLAHAN, DITTRICH, GOEBEN, GREEN, GUNDRUM, HURD, B.
JACOBSON, KNODL, KREIBICH, MAXEY, MURPHY, MURSAU, NEDWESKI, NEYLON,
O'CONNOR, PENTERMAN, STEFFEN, TUCKER, TUSLER and WICHGERS. Referred
to Committee on Government Operations, Labor and Economic Development.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to amend 441.07 (2), 448.02 (6), 448.02 (9) (intro.) and 448.978 (2)
(intro.); to create 146.36, 441.07 (1j), 448.02 (3m) and 448.978 (1v) of the
statutes; relating to: prohibiting gender transition medical intervention for
individuals under 18 years of age.
Analysis by the Legislative Reference Bureau
This bill prohibits health care providers from engaging in, causing the
engagement in, or making referrals for, certain medical intervention practices upon
an individual under 18 years of age if done for the purpose of changing the minor[s
body to correspond to a sex that is discordant with the minor[s biological sex. The
prohibitions under the bill do not apply to any of the following: 1) a health care
provider providing a service in accordance with a good faith medical decision of a
parent or guardian of a minor born with a medically verifiable genetic disorder of
sex development; 2) the treatment of any infection, injury, disease, or disorder that
has been caused by or exacerbated by the performance of a gender transition
medical procedure, whether or not that procedure was performed in accordance
with state and federal law; or 3) any procedure undertaken because the minor
suffers from a physical disorder, physical injury, or physical illness that would, as
certified by a physician, place the minor in imminent danger of death or
impairment of a major bodily function unless surgery is performed.
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Under the bill, the Board of Nursing, the Medical Examining Board, and the
Physician Assistant Affiliated Credentialing Board are required to investigate any
allegation that any person licensed or certified by the respective boards has violated
any of the prohibitions on engaging in, causing the engagement in, or making
certain referrals for the medical intervention practices described in the bill. Upon a
finding by the Board of Nursing, the Medical Examining Board, or the Physician
Assistant Affiliated Credentialing Board that the holder of a license or certificate
has violated any of these prohibitions, the bill requires the Board of Nursing, the
Medical Examining Board, or the Physician Affiliated Credentialing Board to
revoke that person[s license or certificate.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 146.36 of the statutes is created to read:
146.36 Gender transition medical intervention. (1) DEFINITIONS. In
this section:
(a) XBiological sexY means the biological state of being female or male based
on sex organs, chromosomes, and endogenous hormone profiles.
(b) XHealth care providerY has the meaning given in s. 146.81 (1) (a) to (hp).
(c) XMinorY means an individual who is under 18 years of age.
(2) PROHIBITION. A health care provider may not engage in, cause the
engagement in, or make a referral for, any of the following practices upon a minor
for the purpose of changing the minor[s body to correspond to a sex that is
discordant with the minor[s biological sex:
(a) Performing a surgery that sterilizes an individual, including castration,
vasectomy, hysterectomy, oophorectomy, metoidioplasty, orchiectomy, penectomy,
phalloplasty, and vaginoplasty.
(b) Performing a mastectomy.
(c) Administering, prescribing, or supplying any of the following medications:
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1. Puberty-blocking drugs to stop or delay normal puberty.
2. Supraphysiologic doses of testosterone or other androgens to biological
females.
3. Supraphysiologic doses of estrogen to biological males.
(d) Removing any otherwise healthy or nondiseased body part or tissue.
(3) APPLICABILITY LIMITATION. This section does not apply to any of the
following:
(a) A health care provider providing a service in accordance with a good faith
medical decision of a parent or guardian of a minor born with a medically verifiable
genetic disorder of sex development, including any of the following:
1. External biological sex characteristics that are irresolvably ambiguous,
such as in those born with 46,XX karyotype with virilization, with 46,XY karyotype
with undervirilization, or having both ovarian and testicular tissue.
2. A sexual development disorder when a physician has determined through
genetic testing that the minor does not have the normal sex chromosome structure,
sex steroid hormone production, or sex steroid hormone action for a biological male
or biological female.
(b) The treatment of any infection, injury, disease, or disorder that has been
caused by or exacerbated by the performance of a gender transition medical
procedure, whether or not that procedure was performed in accordance with state
and federal law.
(c) Any procedure undertaken because the minor suffers from a physical
disorder, physical injury, or physical illness that would, as certified by a physician,
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place the minor in imminent danger of death or impairment of a major bodily
function unless surgery is performed.
SECTION 2. 441.07 (1j) of the statutes is created to read:
441.07 (1j) Subject to the rules promulgated under s. 440.03 (1), the board
shall investigate allegations that any person licensed under this chapter has
violated s. 146.36 (2). After an investigation, if the board finds that there is
probable cause to believe that the person violated s. 146.36 (2), the board shall hold
a hearing on such conduct. After a hearing, if the board determines that the person
has violated s. 146.36 (2), the board shall revoke the person[s license and, if
applicable, the person[s certificate to issue prescription orders under s. 441.16.
SECTION 3. 441.07 (2) of the statutes is amended to read:
441.07 (2) The board may reinstate a revoked license, no earlier than one year
following revocation, upon receipt of an application for reinstatement. This
subsection does not apply to a license that is revoked under sub. (1j) or s. 440.12.
SECTION 4. 448.02 (3m) of the statutes is created to read:
448.02 (3m) INVESTIGATIONS; HEARING; ACTION FOR GENDER TRANSITION
MEDICAL INTERVENTION. The board shall investigate allegations that any person
holding a license or certificate granted by the board has violated s. 146.36 (2). After
an investigation, if the board finds that there is probable cause to believe that the
person violated s. 146.36 (2), the board shall hold a hearing on such conduct. After
a hearing, if the board determines that the person has violated s. 146.36 (2), the
board shall revoke the person[s license or certificate. The board shall comply with
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the rules of procedure for the investigation, hearing, and action that are
promulgated under ss. 440.03 (1) and 448.40.
SECTION 5. 448.02 (6) of the statutes is amended to read:
448.02 (6) RESTORATION OF LICENSE OR CERTIFICATE. The board may restore
any license or certificate that has been voluntarily surrendered or revoked under
any of the provisions of this subchapter, on such terms and conditions as it may
deem appropriate, except that the board may not restore any license or certificate
that was revoked pursuant to sub. (3m).
SECTION 6. 448.02 (9) (intro.) of the statutes is amended to read:
448.02 (9) JUDICIAL REVIEW. (intro.) No injunction, temporary injunction,
stay, restraining order or other order may be issued by a court in any proceeding for
review that suspends or stays an order of the board to discipline a physician under
sub. (3) (c), to revoke a physician[s license under sub. (3m), or to suspend or limit a
physician[s license under sub. (4), except upon application to the court and a
determination by the court that all of the following conditions are met:
SECTION 7. 448.978 (1v) of the statutes is created to read:
448.978 (1v) Subject to the rules promulgated under s. 440.03 (1), the board
shall investigate allegations that any person licensed under this subchapter has
violated s. 146.36 (2). After an investigation, if the board finds that there is
probable cause to believe that the person violated s. 146.36 (2), the board shall hold
a hearing on such conduct. After a hearing, if the board determines that the person
has violated s. 146.36 (2), the board shall revoke the person[s license.
SECTION 8. 448.978 (2) (intro.) of the statutes is amended to read:
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448.978 (2) (intro.) Subject to the rules promulgated under s. 440.03 (1) and
except as provided in sub. (1v), if a person who applies for or holds a license or
compact privilege issued under s. 448.974 does any of the following, the board may
reprimand the person or deny, limit, suspend, or revoke the person[s license or
compact privilege:
SECTION 9. Nonstatutory provisions.
(1) LEGISLATIVE INTENT STATEMENT. By including a 6-month delayed effective
date in SECTION 10 (1) of this act, the legislature intends to allow time for
appropriate medication tapering and discontinuation under the care of a physician
or other health care provider for any minor who is using puberty-blocking drugs or
cross-sex hormones for the purpose of changing the minor[s body to correspond to a
sex that is discordant with the minor[s biological sex and who will be a minor when
the act takes effect. For purposes of this subsection, the terms Xbiological sex,Y
Xhealth care provider,Y and XminorY have the meanings given in s. 146.36 (1).
SECTION 10. Effective date.
(1) This act takes effect on the first day of the 7th month beginning after
publication.
(END)
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