SB544: Bill Text

SB544,3,10 (a) Provide to the victim medically and factually accurate and unbiased written and oral information about emergency contraception.

SB544,3,12 (b) Orally inform the victim of her option to receive emergency contraception at the hospital.

SB544,3,14 (c) Provide emergency contraception immediately at the hospital to the victim if she requests it.

SB544,4,4 (3) A hospital that provides emergency care shall ensure that each hospital employee who provides care to an alleged victim of sexual assault has available medically and factually accurate and unbiased information about emergency contraception.

SB544,4,8 (4) The department shall respond to any complaint received by the department concerning noncompliance by a hospital with the requirements of subs. (2) and (3) and shall periodically review hospital procedures to determine whether a hospital is in compliance with the requirements.

SB544, s. 2 Section 2. 50.376 of the statutes is created to read:

SB544,4,11 50.376 Availability to prescribe contraceptive articles. (1) In this section:

SB544,4,19 (a) "Contraceptive article" means a drug, medicine, mixture, preparation, instrument, article, or device of any nature that is approved by the federal food and drug administration for use to prevent a pregnancy, that is prescribed by a practitioner, as defined in s. 450.01 (17), for use to prevent a pregnancy, and that may not be obtained without a prescription from a practitioner. "Contraceptive article" does not include any drug, medicine, mixture, preparation, instrument, article, or device of any nature prescribed for use in terminating the pregnancy of a woman who is known by the prescribing practitioner to be pregnant.

SB544,4,21 (b) "Emergency contraception" means a contraceptive article that prevents a pregnancy after sexual intercourse.

SB544,4,24 (2) A hospital shall ensure that at least one practitioner, as defined in s. 450.01 (17), is available on the hospital premises to prescribe to a patient a contraceptive article, including emergency contraception.

SB544, s. 3 Section 3. 50.38 (1) of the statutes is renumbered 50.38 (1) (a).

SB544, s. 4 Section 4. 50.38 (1) (b) of the statutes is created to read:

SB544,5,6 50.38 (1) (b) Whoever violates a requirement under s. 50.375 (2) or (3) may be required to forfeit not less than $2,500 nor more than $5,000 for each violation. If a hospital violates s. 50.375 (2) twice, the department may, after providing notice to the hospital, suspend or revoke the hospital's certificate of approval and may deny application for a new certificate of approval.

SB544, s. 5 Section 5. 50.38 (2) of the statutes is amended to read:

SB544,5,13 50.38 (2) The department may directly assess forfeitures provided for under sub. (1) (a) or (b). If the department determines that a forfeiture should be assessed for a particular violation, the department shall send a notice of assessment to the 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 of the right to a hearing under sub. (3).

SB544, s. 6 Section 6. 118.019 (1) of the statutes is amended to read:

SB544,5,21 118.019 (1) Purpose. The purpose of this section is to encourage all school boards to make available to pupils instruction in topics related to human growth and development in order to promote accurate and comprehensive knowledge in this area and responsible decision making and, to support and enhance the efforts of parents to provide moral guidance to their children, to promote abstinence from sexual activity as the safest and best choice for pupils, and to include comprehensive education in human sexuality.

SB544, s. 7 Section 7. 118.019 (2) (intro.) of the statutes is amended to read:

SB544,6,2 118.019 (2) Subjects. (intro.) A school board may provide an instructional program in human growth and development in grades kindergarten to 12. If provided, the program shall offer information and instruction appropriate to each grade level and the age and level of maturity of the pupils . Except as provided in sub. (2m), the program may and shall include instruction in any all of the following areas:

SB544, s. 8 Section 8. 118.019 (2) (a) of the statutes is amended to read:

SB544,6,6 118.019 (2) (a) Self-esteem Instruction in self-esteem, responsible decision making and personal responsibility related to family life, relationships, and sexual behavior.

SB544, s. 9 Section 9. 118.019 (2) (b) of the statutes is amended to read:

SB544,6,9 118.019 (2) (b) Interpersonal Instruction in interpersonal relationships, including growth in respect and self-control.

SB544, s. 10 Section 10. 118.019 (2) (c) of the statutes is amended to read:

SB544,6,12 118.019 (2) (c) Discouragement of adolescent Instruction in the social, psychological, and health benefits of abstaining from sexual activity.

SB544, s. 11 Section 11. 118.019 (2) (d) of the statutes is amended to read:

SB544,6,14 118.019 (2) (d) Family Instruction in family life and skills required of a parent.

SB544, s. 12 Section 12. 118.019 (2) (e) of the statutes is amended to read:

SB544,7,3 118.019 (2) (e) Human Comprehensive, medically accurate instruction in human sexuality; reproduction; family planning, as defined in s. 253.07 (1) (a), including natural family planning; and contraception, including emergency contraception; sexually transmitted diseases, including human immunodeficiency virus and acquired immunodeficiency syndrome, and their prevention; prenatal development; childbirth; adoption; available prenatal and postnatal support; and male and female responsibility. In this paragraph, "medically accurate" means supported by research; recognized as accurate and objective by leading medical, psychological, psychiatric, and public health organizations and agencies with expertise in the relevant field, such as the federal Centers for Disease Control and Prevention, the American Public Health Association, the American Academy of Pediatrics, and the American College of Obstetricians and Gynecologists; and published in peer-reviewed journals.

SB544, s. 13 Section 13. 118.019 (2) (f) of the statutes is amended to read:

SB544,7,6 118.019 (2) (f) Sex Instruction in sex stereotypes and, protective behavior behaviors, sexual exploitation, and acquaintance rape.

SB544, s. 14 Section 14. 118.019 (2) (g) of the statutes is created to read:

SB544,7,9 118.019 (2) (g) Instruction in the legal consequences of sexual contact with a minor.

SB544, s. 15 Section 15. 118.019 (2m) (title) of the statutes is repealed.

SB544, s. 16 Section 16. 118.019 (2m) of the statutes is renumbered 118.019 (2) (h) and amended to read:

SB544,7,15 118.019 (2) (h) If a school board provides instruction in any of the areas under sub. (2) (e), the school board shall also provide instruction Instruction in marriage and parental responsibility, including financial responsibility.

SB544, s. 17 Section 17. 118.019 (3) of the statutes is amended to read:

SB544,8,2 118.019 (3) Distribution of curriculum to parents. Each school board that provides an instructional program in human growth and development shall annually provide the parents of each pupil enrolled in the school district with an outline of the human growth and development curriculum used in the pupil's grade level and information regarding how the parent may inspect the complete curriculum and instructional materials. The school board shall make the complete human growth and development curriculum and all instructional materials available upon request for inspection at any time, including prior to their use in the classroom. The human growth and development curriculum may include assignments that provide parents with opportunities to communicate to their children their expectations regarding the sexual behavior of their children.

SB544, s. 18 Section 18. 450.09 (2) of the statutes is amended to read:

SB544,8,9 450.09 (2) Presence of pharmacist. No pharmaceutical service may be provided to any person unless a pharmacist is present in the pharmacy to provide or supervise the service. An operator of a pharmacy shall ensure that at least one pharmacist is available on the pharmacy premises to dispense to a patient a contraceptive article, as defined in s. 50.376 (1) (a), including emergency contraception, as defined in s. 50.376 (1) (b).

SB544, s. 19 Section 19. Effective dates. This act takes effect on the day after publication, except as follows:

SB544,8,15 (1) The treatment of section 118.019 (1), (2) (intro.), and (a), (b), (c), (d), (e), (f), and (g), and (3) of the statutes, the repeal of section 118.019 (2m) (title) of the statutes, and the renumbering and amendment of section 118.019 (2m) of the statutes take effect on September 1, 2004.

SB544,8,16 (End)