Wisconsin 2025-2026 Regular Session

Wisconsin Senate Bill SB70 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-0487/1
3	3	EHS:cdc
4	4	2025 SENATE BILL 70
5	5	February 26, 2025 - Introduced by Senators CABRAL-GUEVARA, L. JOHNSON,
6	6	KEYESKI and WALL, cosponsored by Representatives TITTL, MURSAU, BARE,
7	7	EMERSON, FITZGERALD, JOHNSON, MCCARVILLE, MIRESSE, PALMERI, ROE,
8	8	SINICKI, SUBECK, TUSLER, UDELL and WITTKE. Referred to Committee on
9	9	Health.
10	10	AN ACT to create 48.374 of the statutes; relating to: a minor[s authority to
11	11	consent to health care.
12	12	Analysis by the Legislative Reference Bureau
13	13	This bill allows a minor who is an unaccompanied youth to consent to, contract
14	14	for, and receive medically necessary care without a parent[s or guardian[s
15	15	permission, authority, or consent under certain circumstances. The bill defines
16	16	Xunaccompanied youthY as the term is defined under federal law, which is a
17	17	homeless youth not in the physical custody of a parent or guardian. The bill defines
18	18	Xmedically necessary careY as a medical service that is required to prevent, identify,
19	19	or treat a recipient[s illness, injury, or disability and that meets a set of standards
20	20	specified in the bill.
21	21	Under the bill, in order to consent to health care, such a minor must be at least
22	22	14 years of age and must not be under the supervision of a county department of
23	23	human services or social services, a licensed child welfare agency, the Department
24	24	of Children and Families, or the Department of Corrections. Also under the bill,
25	25	one of the following must confirm in writing that the minor is an unaccompanied
26	26	youth: a local educational agency liaison for homeless children and youths
27	27	designated under federal law, a school social worker or counselor, an employee who
28	28	conducts intake at a shelter facility or transitional living program where the minor
29	29	has been admitted as an unaccompanied youth under current law, or the director, or
30	30	his or her designee, of a governmental or nonprofit entity that receives public or
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32	32	2 2025 - 2026 Legislature
33	33	SENATE BILL 70
34	34	- 2 - LRB-0487/1
35	35	EHS:cdc
36	36	SECTION 1
37	37	private funding to provide services to individuals who are homeless or to
38	38	unaccompanied youth.
39	39	Under the bill, a professional who provides medically necessary care to a
40	40	minor based on the minor[s consent given in conformity with the bill may not be
41	41	held liable in a civil or criminal action for providing those services without having
42	42	obtained permission from the minor[s parent or guardian.
43	43	The people of the state of Wisconsin, represented in senate and assembly, do
44	44	enact as follows:
45	45	SECTION 1. 48.374 of the statutes is created to read:
46	46	48.374 Minor consent for medical care. (1) In this section:
47	47	(a) XMedically necessary careY means a medical service that is required to
48	48	prevent, identify, or treat a recipient[s illness, injury, or disability and that meets
49	49	all of the following standards:
50	50	1. The medical service is consistent with the recipient[s symptoms or with
51	51	prevention, diagnosis, or treatment of the recipient[s illness, injury, or disability.
52	52	2. The medical service is provided in a manner that is consistent with
53	53	standards of acceptable quality of care applicable to the type of medical service, the
54	54	type of provider, and the setting in which the medical service is provided.
55	55	3. The medical service is appropriate with regard to generally accepted
56	56	standards of medical practice.
57	57	4. The medical service is not medically contraindicated with regard to the
58	58	recipient[s diagnosis, the recipient[s symptoms, or other medical services being
59	59	provided to the recipient.
60	60	5. The medical service is of proven medical value or usefulness and is not
61	61	experimental in nature.
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79	79	SENATE BILL 70
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81	81	EHS:cdc
82	82	SECTION 1
83	83	6. The medical service is not duplicative with respect to other medical services
84	84	being provided to the recipient.
85	85	7. The medical service is not provided solely for the convenience of the
86	86	recipient, the recipient[s family, or a provider.
87	87	8. With respect to prior authorization of a medical service and to other
88	88	prospective coverage determinations made by the department, the medical service
89	89	is cost-effective compared to an alternative medical service that is reasonably
90	90	accessible to the recipient.
91	91	9. The medical service is the most appropriate supply or level of service that
92	92	can safely and effectively be provided to the recipient.
93	93	(b) XUnaccompanied youthY has the meaning given in 42 USC 11434a (6).
94	94	(2) Except as provided under s. 48.375, a minor may consent to, contract for,
95	95	and receive medically necessary care without a parent[s or guardian[s permission,
96	96	authority, or consent if all of the following apply:
97	97	(a) The minor is 14 years of age or older.
98	98	(b) The minor is not under the supervision of a county department, a licensed
99	99	child welfare agency, the department, or the department of corrections under this
100	100	chapter or ch. 938 or under the jurisdiction of the court.
101	101	(c) One of the following, who has obtained the minor[s consent to disclose the
102	102	minor[s status as an unaccompanied youth, confirms in writing that the minor is an
103	103	unaccompanied youth:
104	104	1. A local educational agency liaison for homeless children and youth
105	105	designated under 42 USC 11432 (g) (1) (J) (ii).
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128	128	23 2025 - 2026 Legislature
129	129	SENATE BILL 70
130	130	- 4 - LRB-0487/1
131	131	EHS:cdc
132	132	SECTION 1
133	133	2. A school social worker or counselor.
134	134	3. An employee who conducts intake at a shelter facility or transitional living
135	135	program where the minor has been admitted under s. 48.9875.
136	136	4. The director, or his or her designee, of a governmental or nonprofit entity
137	137	that receives public or private funding to provide services to individuals who are
138	138	homeless or to unaccompanied youth.
139	139	5. An attorney representing the minor in any legal matter.
140	140	(3) (a) A physician or other qualified professional licensed to practice in this
141	141	state who provides medically necessary care to a minor based on consent given by
142	142	the minor in conformity with this section may not be held liable in a civil or criminal
143	143	action for providing those services without having obtained permission from the
144	144	minor[s parent or guardian.
145	145	(b) This section does not relieve a physician or other qualified professional
146	146	licensed in this state from liability for negligence in the diagnosis or treatment of a
147	147	minor.
148	148	(4) (a) Identification of a minor as an unaccompanied youth does not by itself
149	149	establish that the minor has been abused or neglected.
150	150	(b) This section does not supersede the mandatory reporting requirements
151	151	under s. 48.981.
152	152	(c) This section does not affect any rights a minor has to consent to treatment
153	153	under ch. 51.
154	154	(END)
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