SB653,17,5 3(5) Whoever engages in employment retribution or discrimination against a
4health care provider in violation of sub. (2), (3), or (4) shall be subject to the civil
5remedies under s. 258.55.
SB653,17,7 6258.15 Implementation health care task force. (1) In this section, "task
7force" means the implementation health care task force established under sub. (2).
SB653,17,12 8(2) The secretary of the department shall establish a special committee under
9s. 15.04 (1) (c) called the implementation health care task force to examine and report
10annually upon the challenges and successes in achieving the state policies and rights
11created or described in this chapter. The task force described in this section shall be
12comprised of the following members:
SB653,17,1513 (a) A law enforcement officer designated by the Wisconsin Professional Police
14Association who specializes in investigating crimes involving harassment under s.
15947.013 or stalking under s. 940.32.
SB653,17,1616 (b) The state public defender, or his or her designee.
SB653,17,1817 (c) A representative designated by a statewide professional medical
18organization that represents registered nurses.
SB653,17,2119 (d) An assistant district attorney designated by the association of state
20prosecutors who has significant professional experience prosecuting crimes
21involving harassment under s. 947.013 or stalking under s. 940.32.
SB653,17,2422 (e) A representative designated by a statewide nonprofit organization
23dedicated to advancing access to standard reproductive health care services, as
24defined in s. 258.25 (1) (k).
SB653,18,2
1(f) A representative designated by a statewide professional medical
2organization that specializes in the fields of obstetrics and gynecology.
SB653,18,43 (g) A representative designated by a statewide professional medical
4organization that specializes in the field of family medicine.
SB653,18,55 (h) A representative designated by a scientific advisory group.
SB653,18,86 (i) A representative designated by a nonprofit organization with a multi-year
7record of advocating for assuring access to comprehensive, community-oriented
8primary health care services.
SB653,18,10 9(3) If a vacancy occurs in the task force membership, the vacancy shall be filled
10in the same manner as the initial appointment.
SB653,18,16 11(4) The task force shall submit an annual report in December of each year that
12is made publicly available either in paper or electronic form, published on the
13department's website, and delivered to the governor and the legislature
14documenting the progress of the task force and including its findings for the year and
15containing recommendations for future actions. The report must address all of the
16following issues:
SB653,18,1717 (a) All studies performed and the results of those studies.
SB653,18,1918 (b) Evaluations of the effectiveness of existing law in resolving issues within
19the scope of mandate of the task force.
SB653,18,2220 (c) Recommendations for new services, resources, and legislative or
21administrative policies to secure more effective implementation of state policies,
22rights, and remedies.
SB653,18,2423 (d) Recommendations to enhance public consideration of those issues not
24susceptible to immediate legal or administrative resolution.
SB653,19,3
1(e) A full presentation of the findings, evaluations, and recommendations of
2each member who, in whole or in part, does not agree with the findings, evaluations,
3or recommendations of the majority of the members of the task force.
SB653,19,13 4(5) The task force shall meet in person at least twice annually on such dates
5and times as the members determine. A majority of all the task force members shall
6constitute a quorum for the transaction of any business, for the performance of any
7duty, or for the exercise of any action by the task force. The task force may meet in
8person or by telephone or by using other communication technologies, and may hold
9meetings to discuss issues even in the absence of quorum. The task force shall
10attempt to engage, and solicit the input of, a broad and diverse range of groups,
11organizations, and individuals. In doing so, the task force may use whatever
12networking and communication technologies will most effectively further its mission
13and facilitate this outreach.
SB653,19,15 14(6) The chair of the task force will be selected by a majority of the members that
15constitute the task force.
SB653,19,18 16(7) No member shall serve beyond the time when he or she holds the office,
17employment, or status by reason of which he or she was initially eligible for
18appointment.
SB653,19,22 19(8) The task force shall serve without compensation but shall be eligible for
20reimbursement for necessary and reasonable expenses incurred in the performance
21of their official duties within the limits of funds appropriated or otherwise made
22available to the department for its purposes.
SB653,20,4 23(9) The task force may draw upon the human resources and expertise of private
24institutions, including those institutions associated with individuals appointed to
25the task force to the extent considered appropriate by those institutions. The task

1force may not permit financial remuneration for assistance provided under this
2subsection, and private institutions may not be provide assistance with any intent
3to influence the deliberations of the task force to the advantage of the participating
4private entity.
SB653,20,7 5(10) The department shall, as part of its routine functions, designate and
6provide staffing and support services sufficient to ensure that the task force can
7complete its work and submit its report each year.
SB653,20,9 8258.20 Comprehensive women's health research council. (1) In this
9section:
SB653,20,1010 (a) "Council" means the comprehensive women's health research council.
SB653,20,1511 (b) "Research" means basic and clinical research in evidence-based care on
12voluntary termination of pregnancy in the areas of safety and quality, including
13improvements of medical and surgical techniques, medication and pain
14management, psychosocial aspects of care, impacts of medical or surgical care
15restrictions, patient outcomes, and contraception immediately following pregnancy.
SB653,20,23 16(2) The council shall identify and assess the needs for research on voluntary
17termination of pregnancy, prioritize research projects most likely to improve health
18outcomes for women in this state, and propose ways and means to fund those
19projects. To accomplish the duty under this subsection, the council shall review
20medical and scientific literature and solicit opinions from reproductive health care
21providers and from medical and scientific researchers on the current status of
22research on voluntary termination of pregnancy and on improving women's health
23outcomes.
SB653,21,3
1(3) The council shall meet at least twice annually on dates and at times as the
2members determine. The council may meet in person, by telephone, or by using other
3means of communication.
SB653,21,8 4(4) The council may request human resources and expertise of private
5institutions, including those institutions associated with individuals appointed to
6the council. The private institutions may provide those human resources and that
7expertise as they consider appropriate without compensation and without intent to
8influence the deliberations of the council to the advantage of the private institution.
SB653,21,11 9(5) The department shall designate and provide staffing and support services
10sufficient, including a needs assessment, to ensure that the council is able to conduct
11its work.
SB653,21,15 12(6) Annually, in December, the council shall submit to the governor, to the
13department for publication on the department's Internet site, and to the legislature
14in the manner described under s. 13.172 (2) a report that addresses all of the
15following:
SB653,21,1716 (a) An assessment of the current status and any gaps in research on voluntary
17termination of pregnancy and on improving health outcomes for women.
SB653,21,1918 (b) An inventory of significant research needed to advance and improve health
19care outcomes for women.
SB653,21,2120 (c) A prioritization of the research considered by the council to most likely
21result in improving the health outcome of women in this state.
SB653,21,2322 (d) The findings of the council regarding the availability of public and private
23funding to meet the research needs identified by the council under par. (b).
SB653,21,2524 (e) An estimate of the funding needed to meet the research needs prioritized
25by the council under par. (c).
SB653,22,3
1(f) A statement of criteria and standards recommended by the council for
2awarding grants for the research identified under par. (b) or prioritized under par.
3(c) when funding is available.
SB653,22,11 4(7) It is the policy of the state to support and attain improved health care
5outcomes for all women who voluntarily terminate a pregnancy in this state. In
6recognition of this policy, with awareness that national level research directed
7towards achieving improved outcomes on voluntary termination of pregnancy
8remains limited and that continuing advances in safe and effective health care in all
9medical fields requires ongoing evidence-based research, the department shall
10engage in activities and pursue strategies to continually advance the science and
11medicine of voluntary termination of pregnancy.
SB653,22,13 12258.25 Enabling patient care while honoring conscience of
13reproductive health care providers.
(1) Definitions. In this section:
SB653,22,1814 (a) "Appropriate medical screening examination" means an examination
15reasonably tailored to identify reproductive health care issues and conditions
16specific to the patient and is comparable to a hospital's standard screening
17examination for other patients presenting symptoms, health care issues, conditions,
18illnesses, injuries, or diseases.
SB653,22,2319 (b) "Capabilities" means, in the context of a hospital's provision of services
20pursuant to sub. (2), the availability of physical space, equipment, supplies, and
21services that the hospital provides, such as surgery, psychiatry, obstetrics, intensive
22care, pediatrics, trauma care, and that the level of care that the personnel of the
23hospital provides is within the training and scope of their professional licenses.
SB653,23,224 (c) "Capacity" means the physical ability of a hospital to accommodate the
25individual requesting examination or treatment. Capacity encompasses such things

1as numbers and availability of qualified staff, beds, and equipment and the hospital's
2past practices of accommodating additional patients in excess of its occupancy limits.
SB653,23,73 (d) "Conscientious belief" means sincerely held religious, moral, or ethical
4beliefs held by an individual that stands for the central moral core of the individual's
5character, and for purposes of this section does not include beliefs that are motivated
6by or based upon race, color, national origin, ethnicity, sex, creed, or sexual
7orientation.
SB653,23,118 (e) "Hospital" has the meaning given in s. 50.33 (2), except that "hospital" as
9used in this section does not include a critical access hospital or a hospital that does
10not meet the conditions of participation in any federal health care program as
11specified in 42 USC 1395x (e) and 1395cc.
SB653,23,1512 (f) "Maternity care services" means maternity support services, prenatal care,
13ambulatory care maternity services, complications of pregnancy, neonatal care,
14inpatient institution maternity care, including labor and delivery, and postpartum
15care.
SB653,23,1816 (g) "Medically necessary care" means health care services or products that a
17prudent physician would provide to a patient to prevent, diagnose, or treat an illness,
18injury, disease, condition, or its symptoms in a manner that is all of the following:
SB653,23,1919 1. In accordance with generally accepted standards of medical practice.
SB653,23,2020 2. Clinically appropriate in terms of type, frequency, extent, site, and duration.
SB653,23,2221 3. Not primarily for the economic benefit of the health plans and purchasers
22or for the convenience of the treating physician or other health care provider.
SB653,24,223 (h) "Reasonably accommodate" means making existing facilities used by
24reproductive health care providers readily accessible, job restructuring, part-time
25or modified work schedules, acquisition or modification of equipment or devices,

1adjustment or modifications of policies, and the provision of other similar
2accommodations.
SB653,24,93 (i) "Reproductive health care provider" means a natural person who is an
4employee, independent contractor, or consultant of a hospital, or is otherwise
5affiliated with a hospital, and who provides services as a physician of medicine or
6osteopathy, a physician's assistant, a specialist assistant, a nurse, or a nurse
7practitioner, and is directly involved in providing medical treatment to a patient
8during a procedure in which the patient receives medical treatment in the hospital
9for a standard reproductive health care service.
SB653,24,1410 (j) "Stabilizing treatment" means, with respect to an emergent or urgent
11medical condition covered in sub. (2) (d) of this section, medically appropriate
12medical measures to ensure that no material deterioration of the condition is likely,
13within reasonable medical probability, to result from or occur during the transfer of
14the individual from a hospital if such a transfer were to occur.
SB653,24,2215 (k) "Standard reproductive health care services" means family planning;
16contraception and birth-spacing services; full-spectrum contraceptive education;
17counseling for and access to emergency contraception; screening, assessment, and
18treatment of reproductive tract infections and sexually transmitted infections
19including HIV/AIDS; screening, assessment, and treatment for gynecologic and
20breast cancers; routine well-woman and preventive exams; pregnancy testing;
21infertility services; miscarriage and abortion services; sterilization; obstetric care
22and services; and menopause and perimenopause services.
SB653,25,323 (L) "Transfer" means the movement, including the discharge, of an individual
24outside a hospital at the direction of any person employed by, or affiliated or
25associated with, directly or indirectly, the hospital, but does not include such a

1movement of an individual who has been declared dead, or leaves the facility without
2the permission of any person employed by, or affiliated or associated with, directly
3or indirectly, the hospital.
SB653,25,74 (m) "Undue hardship" means, as determined by the examination of the facts,
5an actual, as opposed to a speculative, hardship that necessarily and significantly
6either interferes with a hospital's delivery of safe health care or degrades its
7provision of medically necessary care to patients.
SB653,25,11 8(2) Reproductive health care services. (a) A hospital that has a department
9or service offering maternity care services shall permit all standard reproductive
10health care services and all maternity care services, provided that such services are
11within the capacity and capabilities of the hospital.
SB653,25,1612 (b) In the case of a hospital that has a department or service that offers
13maternity care services, if any individual comes to the hospital and a request is made
14on the individual's behalf for examination, treatment, or care for any standard
15reproductive health care service, the hospital shall provide an appropriate medical
16screening examination within the capabilities of the hospital.
SB653,25,1917 (c) Whenever a health care provider, within the training and scope of his or her
18professional license, is available to provide or perform care appropriate for a patient's
19reproductive health care condition, the hospital must do all of the following:
SB653,25,2120 1. Permit that reproductive health care provider to provide standard
21reproductive health care services.
SB653,25,2422 2. Reasonably accommodate that provider in providing any standard
23reproductive health care service, provided that the provider has given notice to the
24hospital of his or her readiness to provide such care under sub. (3).
SB653,26,3
13. Provide sufficient support, including ancillary services routinely available
2for patients with comparable medical needs or circumstances, to ensure the
3provision of medically necessary care of the patient.
SB653,26,104 (d) Whenever a health care provider, within the training and scope of his or her
5professional license, is not available to provide or perform care appropriate for a
6patient's reproductive health care condition, and the hospital reasonably determines
7that the individual who came to the hospital seeking examination, treatment, or care
8for any standard reproductive health care service has an emergent or urgent medical
9condition, the hospital shall, within the staff and facilities available at the hospital,
10do all of the following:
SB653,26,1211 1. Provide for further medical examination and treatment as may be required
12to stabilize the medical condition.
SB653,26,1413 2. Provide necessary stabilizing treatment for the patient's presented
14reproductive health care condition.
SB653,26,1615 3. Counsel the patient on all medically appropriate treatments specific to the
16patient's reproductive health care condition and circumstances.
SB653,26,1817 4. Offer and provide referral to health care providers who provide those
18treatments.
SB653,26,2019 (e) A hospital that has fulfilled the requirements of par. (d) may transfer the
20individual to another medical facility when the patient is medically stable.
SB653,26,24 21(3) Conscientious beliefs. Because the provision of medically necessary care
22for one or more specific standard reproductive health care services may implicate
23religious, moral, or ethical conscientious beliefs, a reproductive health care provider
24may do any of the following:
SB653,27,6
1(a) Give written notice to a hospital that has a department or service offering
2maternity care services, describing in detail the provider's conscientious belief, the
3core values associated with that belief, how he or she came to hold that belief, and
4how it affects the provider's readiness to provide specific standard reproductive
5health care services. If a provider submits a written notice under this paragraph,
6all of the following apply:
SB653,27,87 1. A provider's assertion in a written notice of his or her conscientious belief
8under this paragraph is prima facie evidence of its validity.
SB653,27,159 2. A hospital challenging the validity of a conscientious belief has the burden
10of showing by clear and convincing evidence that the provider's notice does not
11describe a conscientious belief. If a hospital determines as a matter of fact that a
12notice does not describe a conscientious belief, the hospital shall issue findings of fact
13and explain in writing how the hospital has met the clear and convincing evidentiary
14standard in making its determination that the provider's notice did not describe a
15conscientious belief.
SB653,27,2016 (b) Give written notice to a hospital that has a department or service offering
17maternity care services that the provider, within his or her training and within the
18scope of his or her professional license, accepts and is ready to provide specific
19standard reproductive health care services identified in the notice. If a provider
20submits a written notice under this paragraph, all of the following apply:
SB653,28,321 1. The hospital shall honor the provider's conscientious belief, unless it is
22determined that the notice submitted by the provider did not describe a conscientious
23belief, and shall reasonably accommodate the provider's decisions, including, if
24specified, a decision to provide certain specific standard reproductive health care
25services, or for example, a decision to provide abortion services until the limit on the

1period of gestation under state law or until viability when no gestation limit is set
2by state law, provided that the hospital may deny an accommodation if it would
3create an undue hardship.
SB653,28,104 2. To support, sustain, and accommodate provider decisions to provide specified
5reproductive health care services, both as a least restrictive means to ensure
6compliance with this section and as a means to achieve the state interests described
7in this section, the hospital shall annually prepare, adopt, implement, and make
8publicly available a written plan designed to estimate and meet the reasonably
9anticipated demand for all the standard reproductive health care services, and to
10provide the support and ancillary services as described in sub. (2).
SB653,28,1511 (c) Give written notice to a hospital that has a department or service offering
12maternity care services that the provider, invoking applicable refusal rights in
13federal or state law, declines and objects to providing specific standard reproductive
14health care services identified in the notice. If a provider submits a written notice
15under this paragraph, all of the following apply:
SB653,28,2316 1. The hospital shall honor the provider's conscientious belief, unless it
17determined that the notice submitted by the provider did not identify applicable
18refusal rights in federal or state law or did not describe a conscientious belief, and
19shall reasonably accommodate the provider's decisions, provided that the hospital
20may deny an accommodation if it would create an undue hardship or precludes,
21under sub. (2), the provision of an appropriate medical screening examination or the
22provision of medically necessary care to an individual who has come to the hospital
23as specified in sub. (2).
SB653,29,824 2. To support, sustain, and accommodate provider decisions to not provide
25specified reproductive health care services, both as a least restrictive means to

1ensure compliance with this section and as a means to achieve the state interests
2described in this section, the hospital is authorized, whenever the hospital
3determines that it will lack sufficient personnel to meet the reasonably anticipated
4demand for the services permitted under sub. (2), to obtain services necessary for
5both the delivery of safe health care and the provision of medically necessary care
6by requiring applicants for vacant reproductive health care provider positions to
7provide specific standard reproductive health care services as may be necessary to
8meet the reasonably anticipated demand for all services permitted under sub. (2).
SB653,29,11 9(4) Interference. No person may interfere with or otherwise penalize or
10punish a reproductive health care provider for asserting or exercising his or her
11conscientious belief under this section.
SB653,29,13 12(5) Violations. Any person violating this section shall be subject to the civil
13remedies under s. 258.55.
SB653,30,8 14(6) State policies. (a) Discrimination in access to reproductive health care.
15Access to health care services and to accurate health care information is a basic and
16foundational human right. Yet, in the realm of sexual and reproductive health care,
17in a health care system that is especially challenging to most anyone with a limited
18education or who lives in poverty or is victimized by family violence, gender-based
19health care discrimination profoundly limits access to standard reproductive health
20care services and safe motherhood, and thwarts the state's policy of promoting
21improved health care outcomes for all women and in honoring and protecting privacy
22rights inherent in their reproductive health care decisions. With an awareness that
23some hospitals with a maternity department or services have the capability of
24permitting standard reproductive health care services but routinely restrict or deny
25women access to them, the state declares that failure to permit access to standard

1reproductive health care services for women and their willing reproductive health
2care providers is a form of invidious discrimination, and that the state has
3compelling governmental interests in public health and safety and the well-being of
4all its residents in ending this form of gender discrimination and in assuring that no
5one is deprived of privacy rights inherent in reproductive health care decision
6making. Accordingly, it is the policy of this state that hospitals that offer maternity
7care services, permit patients with willing reproductive health care providers to have
8access to all standard reproductive health care services and maternity care services.
SB653,30,199 (b) Honoring conscientious beliefs. A commitment to providing standard
10reproductive health care services to patients and a strong objection to providing such
11services each qualify as sincerely held conscientious beliefs when predicated on a
12person's central core beliefs and values. The state's governmental interest in public
13health and safety and the well-being of all its residents requires that the provision
14of medically necessary care be the paramount and constant concern of all health care
15providers. Accordingly, it is the policy of this state, that hospitals that offer
16maternity care services, consistent with maintaining systems sufficient to ensure
17that women and their health care providers can access all standard reproductive
18health care services, shall honor and reasonably accommodate conscientious beliefs
19of direct providers of all standard reproductive health care services.
SB653,30,20 20258.50 Patient and health care provider protection. (1) In this section:
SB653,30,2221 (a) "Health care provider" includes an individual who aids an individual to seek
22or obtain health care services.
SB653,30,2323 (b) "Patient" has the meaning given in s. 258.05 (1).
SB653,30,24 24(2) No person may do any of the following:
SB653,31,11
1(a) Engage in conduct directed at a health care provider or a patient that
2injures, intimidates, harasses, interferes with, or threatens or attempts to injure,
3intimidate, harass, interfere with, or threaten the health care provider or patient,
4by use of force, threat of force, or physical obstruction if the person knows that the
5conduct will cause the health care provider or patient to suffer serious emotional
6distress or place him or her in reasonable fear of death or of great bodily harm to
7himself or herself or a member of his or her family or household, or will cause a
8reasonable person under the same circumstances to suffer serious emotional
9distress, or will place a reasonable person under the same circumstances in fear of
10death or bodily harm to himself or herself or a member of his or her family or
11household.
SB653,31,1812 (b) Intentionally use, obstruct, manipulate, arrange, or rearrange, or attempt
13to use, obstruct, manipulate, arrange, or rearrange the property of a medical facility
14to impede or otherwise interfere with its efficiency, or attempt to engage in any of
15these actions, or file a lawsuit or administrative complaint against a health care
16provider that, when considering the action in its entirety, cannot be supported by any
17rational argument based in fact or law, or publish, distribute, or communicate in any
18form of deprecatory matter relating to a health care provider.
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