LRB-3893/4
DAK:jlg:km
1997 - 1998 LEGISLATURE
March 5, 1998 - Introduced by Representatives Albers, M. Lehman, Otte,
Grothman, F. Lasee, Owens, Porter, Plale, Hahn, Ott, Walker and Schafer,
cosponsored by Senators Welch, Weeden, Darling, Roessler and
Drzewiecki. Referred to Committee on Health.
AB877,1,4
1An Act to renumber and amend 146.89 (1);
to amend 146.89 (3) (c) and 146.89
2(4); and
to create 146.89 (1) (a), 146.89 (1) (b) and 146.89 (2) (am) of the
3statutes;
relating to: prohibiting engaging in abortion-related activities
4under the volunteer health care provider program.
Analysis by the Legislative Reference Bureau
Under current law, as affected by
1997 Wisconsin Acts 27 (the biennial budget
act) and 57, participation in the volunteer health care provider program authorizes
health care providers such as physicians, dentists and registered nurses who provide
services without charge at certain nonprofit agencies to be state agents of the
department of health and family services. A state agent is represented by the
department of justice in court actions, moneys that are recoverable by civil suit
against them are limited, and the state pays judgments against them in these suits.
These health care providers may not receive income from the practice of their
professions when providing services at the nonprofit agency; they are limited in the
types of services that they may provide; and they must provide services to certain
low-income, uninsured persons. To participate in the volunteer health care provider
program, the health care provider's joint application with the nonprofit agency must
be approved by the department of administration (DOA).
This bill defines "abortion-related activity" and prohibits DOA from approving
a joint application from a volunteer health care provider who, or a nonprofit agency
that, engages in an abortion-related activity. The bill also prohibits the volunteer
health care provider and the nonprofit agency from engaging in an abortion-related
activity under the program. Lastly, the bill authorizes state agency status only for
volunteer health care providers who provide services in compliance with the
restrictions under the program.
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:
AB877, s. 1
1Section
1. 146.89 (1) of the statutes is renumbered 146.89 (1) (intro.) and
2amended to read:
AB877,2,33
146.89
(1) (intro.) In this section
, "volunteer:
AB877,2,10
4(c) "Volunteer health care provider" means an individual who is licensed as a
5physician under ch. 448, dentist under ch. 447, registered nurse, practical nurse or
6nurse-midwife under ch. 441 or optometrist under ch. 449 or certified as a
7physician's assistant under ch. 448 and who receives no income from the practice of
8that health care profession or who receives no income from the practice of that health
9care profession when providing services at the nonprofit agency specified under sub.
10(3).
AB877, s. 2
11Section
2. 146.89 (1) (a) of the statutes is created to read:
AB877,2,1212
146.89
(1) (a) "Abortion" has the meaning given in s. 253.10 (2) (a).
AB877, s. 3
13Section
3. 146.89 (1) (b) of the statutes is created to read:
AB877,2,1414
146.89
(1) (b) "Abortion-related activity" means any of the following:
AB877,2,1515
1. Providing abortion services.
AB877,2,1616
2. Promoting, encouraging or counseling in favor of abortion services.
AB877,2,1717
3. Making abortion referrals either directly or through an intermediary.
AB877, s. 4
18Section
4. 146.89 (2) (am) of the statutes is created to read:
AB877,3,3
1146.89
(2) (am) The department of administration may not approve a joint
2application from a volunteer health care provider who or a nonprofit agency that
3engages in an abortion-related activity.
AB877,3,86
146.89
(3) (c) The
volunteer health care provider and the nonprofit agency may
7not provide emergency medical services, hospitalization or surgery, except as
8provided in par. (b) 8
. and may not engage in an abortion-related activity.
AB877, s. 6
9Section
6. 146.89 (4) of the statutes is amended to read:
AB877,3,1310
146.89
(4) Volunteer health care providers who provide services
under in
11compliance with this section are, for the provision of these services, state agents of
12the department of health and family services for purposes of ss. 165.25 (6), 893.82
13(3) and 895.46.
