2003 - 2004 LEGISLATURE
April 9, 2003 - Introduced by Senators Risser, Carpenter, Chvala, Erpenbach,
Jauch, Moore and
Robson, cosponsored by Representatives Pocan, Berceau,
Black, Boyle, Hebl, Krug, J. Lehman, Miller, Plouff, Pope-Roberts,
Richards, Shilling, Sinicki, Travis, Wasserman, Young and Zepnick. Referred
to Committee on Health, Children, Families, Aging and Long Term Care.
1An Act to renumber
50.38 (1); to amend
50.38 (2); and to create
50.375 and 2
50.38 (1) (b) of the statutes; relating to: requiring a hospital to provide to an
3alleged victim of sexual assault, with consent, information and emergency
4contraception and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Health and Family Services (DHFS)
issues certificates of approval to hospitals that meet DHFS requirements and
otherwise regulates approved hospitals.
This bill requires a hospital to do all of the following if it provides emergency
services to an alleged victim of sexual assault and has obtained the victim's consent:
1) provide her with medically and factually accurate and unbiased written and oral
information about emergency contraception; 2) orally inform her of her option to
receive emergency contraception; and 3) provide emergency contraception
immediately to her if she requests it. "Emergency contraception" is defined in the
bill to be a drug, medicine, oral hormonal compound, mixture, preparation,
instrument, article, or device that is approved by the federal Food and Drug
Administration and that prevents a pregnancy after sexual intercourse. The
definition of "emergency contraception" specifically excludes a drug, medicine, oral
hormonal compound, mixture, preparation, instrument, article, or device of any
nature that is prescribed to terminate the pregnancy of a woman who is known by
the prescribing health care provider to be pregnant.
The bill also requires that a hospital that provides emergency care ensure that
each hospital employee who provides care to an alleged victim of sexual assault have
available medically and factually accurate and unbiased information about
emergency contraception. DHFS must respond to complaints about violations of
these requirements and must periodically review procedures of hospitals to
determine whether they are in compliance. Violators of the requirements are subject
to forfeitures. DHFS may, after providing notice to a hospital that has violated the
requirements twice, suspend or revoke the hospital's certificate of approval and deny
application for a new certificate of approval.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB99, s. 1
50.375 of the statutes is created to read:
250.375 Emergency contraception for alleged victims of sexual assault. 3(1)
In this section:
(a) "Emergency contraception" means a drug, medicine, oral hormonal 5
compound, mixture, preparation, instrument, article, or device that is approved by 6
the federal food and drug administration and that prevents a pregnancy after sexual 7
intercourse. "Emergency contraception" does not include a drug, medicine, oral 8
hormonal compound, mixture, preparation, instrument, article, or device of any 9
nature that is prescribed to terminate the pregnancy of a woman who is known by 10
the prescribing licensed health care provider to be pregnant.
(b) "Sexual assault" means a violation of s. 940.225 (1), (2), or (3).
A hospital that provides emergency services to an alleged victim of sexual 13
assault shall, after obtaining the consent of the victim, do all of the following:
(a) Provide to the victim medically and factually accurate and unbiased written 15
and oral information about emergency contraception.
(b) Orally inform the victim of her option to receive emergency contraception 2
at the hospital.
(c) Provide emergency contraception immediately at the hospital to the victim 4
if she requests it.
A hospital that provides emergency care shall ensure that each hospital 6
employee who provides care to an alleged victim of sexual assault has available 7
medically and factually accurate and unbiased information about emergency 8
The department shall respond to any complaint received by the department 10
concerning noncompliance by a hospital with the requirements of subs. (2) and (3) 11
and shall periodically review hospital procedures to determine whether a hospital 12
is in compliance with the requirements.
SB99, s. 2
50.38 (1) of the statutes is renumbered 50.38 (1) (a).
SB99, s. 3
50.38 (1) (b) of the statutes is created to read:
(b) Whoever violates a requirement under s. 50.375 (2) or (3) may be 16
required to forfeit not less than $2,500 nor more than $5,000 for each violation. If 17
a hospital violates s. 50.375 (2) twice, the department may, after providing notice to 18
the hospital, suspend or revoke the hospital's certificate of approval and may deny 19
application for a new certificate of approval.
SB99, s. 4
50.38 (2) of the statutes is amended to read:
The department may directly assess forfeitures provided for under 22
sub. (1) (a) or (b)
. If the department determines that a forfeiture should be assessed 23
for a particular violation, the department shall send a notice of assessment to the 24
hospital. The notice shall specify the amount of the forfeiture assessed, the violation
and the statute or rule alleged to have been violated, and shall inform the hospital 2
of the right to a hearing under sub. (3).