2017 - 2018 LEGISLATURE
November 17, 2017 - Introduced by Representatives C. Taylor, Anderson,
Berceau, Billings, Brostoff, Considine, Crowley, Fields, Goyke, Hebl,
Hesselbein, Kolste, Ohnstad, Pope, Riemer, Sargent, Sinicki, Spreitzer,
Stuck, Subeck, Wachs, Zamarripa and Zepnick, cosponsored by Senators
Erpenbach, Johnson, Larson, Miller, Ringhand, Risser, Shilling, L. Taylor,
Vinehout and Wirch. Referred to Committee on Health.
1An Act to create
146.893 of the statutes; relating to: medically accurate
Analysis by the Legislative Reference Bureau
This bill creates a right and obligation for a health care provider to provide
medically accurate information to patients to whom the health care provider
provides medical care. The bill also creates a right for a patient to receive medically
accurate information from a health care provider. The bill prohibits interference or
other diminishment of the rights and obligations relating to medically accurate
information, and further prohibits employment retribution based upon a health care
provider's exercise of the rights and obligations relating to the provision of medically
Under the bill, the state, including any political subdivision or instrumentality
of the state, may not do either of the following: 1) require any information that is not
medically accurate to be included on a procedure or treatment form; or 2) prohibit a
health care provider from including medically accurate information or from deleting
information that in the health care provider's medical judgment is either not
medically accurate or not somehow relevant to the patient's specific request for care
Under the bill, a patient or health care provider may file a civil action for a
violation related to the patient's right to accurate medical information. The bill
allows the person to seek, in addition to injunctive relief and punitive damages,
compensatory damages that reflect his or her actual damages or statutory damages
of $5,000 per violation.
A statutory damages option of $20,000 per violation is available to a health care
provider who files a civil action after experiencing employment retribution for his or
her provision of medical care, after being prevented from providing medically
accurate information to a patient, or after being required to provide medically
inaccurate information to patient.
The bill also authorizes the attorney general to commence a civil action if he or
she has reasonable cause to believe that any person is violating a patient's or health
care provider's rights relating to the receipt or provision of medically accurate
information. Under the bill, a court may award injunctive relief and compensatory
damages and an additional assessment of up to $20,000 for the first violation and
$40,000 for each subsequent violation.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
146.893 of the statutes is created to read:
2146.893 Patient rights to medically accurate information. (1) 3Definitions.
In this section:
(a) “Health care provider” has the meaning given in s. 146.81 (1).
(b) “Medically accurate information" means information relevant to informed 6
decision making verified or supported by the weight of peer-reviewed medical 7
research conducted in compliance with accepted scientific methods; recognized as 8
medically sound and objective by leading medical organizations with relevant 9
expertise, such as the American Medical Association, the American Congress of 10
Obstetricians and Gynecologists, the American Public Health Association, the 11
American Psychological Association, the American Academy of Pediatrics, the 12
American College of Physicians, and the American Academy of Family Physicians, 13
or by government agencies such as the Center for Disease Control, the Food and Drug 14
Administration, the National Cancer Institute, and the National Institute of Health, 15
or by scientific advisory groups including the Institute of Medicine and the Advisory
Committee on Immunization Practices; or recommended by or affirmed in the 2
medical practice guidelines of a nationally recognized accrediting organization.
(c) “Patient” has the meaning given in s. 146.81 (3).
(d) “Procedure or treatment form” means any information a patient receives 5
relating to giving consent to a procedure or treatment the patient may elect to 6
proceed with, whether in a brochure, a notice, a posting, an agreement, or other 7
document, provided in writing, electronically, or by video, without regard to whether 8
or not the communication requires a signature.
(e) “Professional medical organization” means an entity widely regarded as the 10
leading organization or association within its field serving a single profession, or a 11
specialty within a single profession, that possesses a primary standing in that 12
profession and requires of its members a significant amount of education, training, 13
or experience, or a license or certificate from a state or authorized private authority 14
to practice the profession or specialty.
(f) “Scientific advisory group” means, in the context of providing medically 16
accurate information to patients, a group that is recognized as an authoritative 17
scientific source by the medical profession and is comprised of knowledgeable, 18
prominent, and credible members in their field of expertise and that offers opinions 19
on health matters.
20(2) Patient rights.
(a) A patient has the right to receive medically accurate 21
information from a health care provider providing medical care, including medical 22
investigation, examination, diagnosis, stabilization, consultation, treatment, 23
procedure, and referral.
(b) A health care provider has the right and obligation to provide medically 2
accurate information to patients to whom the health care provider provides medical 3
care and to make referrals for patients to other licensed health care providers.
(c) No person, including the state or any political subdivision of the state, may 5
interfere with or otherwise diminish the rights and obligations specified in par. (a) 6
(d) Employment retribution by any person against a health care provider based 8
on the health care provider's exercise of the rights and obligations specified in pars. 9
(a) and (b), or the health care provider's provision of medical care to a patient based 10
on such rights and obligations, is prohibited.
(e) The state, including any political subdivision or instrumentality of the state, 12
may not do any of the following:
1. Require the inclusion of any content in a procedure or treatment form that 14
is not medically accurate information.
2. Prohibit a health care provider from adding medically accurate information 16
or from deleting information in a procedure or treatment form that, in the health care 17
provider's medical judgment, is either not medically accurate information or that 18
does not align with a patient's specific request for medical care concerning diagnosis, 19
reservations relevant to the diagnosis, the nature and purpose of the proposed 20
procedure or treatment, risks and consequences of the proposed procedure or 21
treatment, reasonable alternatives to the procedure or treatment appropriate for the 22
patient's situation, patient counseling, or prognosis if a patient elects not to proceed 23
with a proposed procedure or treatment.
(f) Any person, including this state or any political subdivision or 2
instrumentality of this state, who violates this section shall be subject to the 3
remedies under sub. (3).
(g) Nothing in this section may be construed to alter existing professional 5
standards of care or abrogate the duty of a licensed health care provider to meet the 6
applicable standard of care.
1. If the attorney general has reasonable cause to believe that 8
any person is violating sub. (2), the attorney general has standing to bring and may 9
commence a civil action against any party in the name of the state in any court with 10
appropriate jurisdiction to vindicate the public interest and protect the rights of 11
citizens of the state.
2. For each violation specified in subd. 1., the court may award any appropriate 13
relief, including temporary, preliminary, or permanent injunctive relief and 14
compensatory damages. The court, to vindicate the public interest, may assess 15
against a party other than the state or political subdivision or instrumentality of the 16
state an additional amount not to exceed $20,000 for the first violation and $40,000 17
for each subsequent violation.
(b) 1. A patient or health care provider claiming a violation of the right and 19
obligations specified in sub. (2) and any associated claims under common law may 20
commence a civil action for relief under subd. 2.
2. In any action under subd. 1., the court may award appropriate relief, 22
including temporary, preliminary, or permanent injunctive relief, and compensatory 23
and punitive damages. With respect to compensatory damages, the plaintiff may 24
elect, at any time prior to the rendering of final judgment, to recover an award of 25
statutory damages in the amount of $5,000 per violation in lieu of actual damages.
(c) A health care provider claiming a violation of sub. (2) (d) or (e) may 2
commence a civil action for relief under par. (d).
(d) In any action under par. (c), the court may award appropriate relief, 4
including temporary, preliminary, or permanent injunctive relief; back pay or 5
reinstatement or other privileges; and compensatory and punitive damages. With 6
respect to compensatory damages, the plaintiff may elect, at any time before the 7
rendering of final judgment, to recover an award of statutory damages in the amount 8
of $20,000 per violation, in lieu of actual damages.