LRB-3115/1
RPN:bjk&wlj:rs
2007 - 2008 LEGISLATURE
October 30, 2007 - Introduced by Representatives Strachota, Hines, Boyle, Parisi,
Berceau, Zepnick, Grigsby, Sheridan, Pope-Roberts, Musser, Ballweg and
Hraychuck, cosponsored by Senators Erpenbach, Vinehout, Lassa, Harsdorf,
Darling, Roessler and
Olsen. Referred to Committee on Public Health.
AB556,1,3
1An Act to repeal 905.04 (4) (e) 1. and 905.04 (4) (e) 2.; and
to create 905.04 (4)
2(e) 2m. of the statutes;
relating to: the reporting of child abuse or neglect
3exemption for privileged information.
Analysis by the Legislative Reference Bureau
Under current law, confidential communications between a patient and a
physician, registered nurse, chiropractor, psychologist, social worker, marriage and
family therapist, or professional counselor are privileged and may not be disclosed
to any other person without the patient's permission. There are a number of
exceptions to this privilege, including situations where the examination of an abused
or neglected child creates a reasonable ground for the opinion by the physician,
registered nurse, chiropractor, psychologist, social worker, marriage and family
therapist, or professional counselor that the abuse or neglect was not accidental.
Current law regarding privilege defines "abuse" and "neglect" by reference to
definitions in the Children's Code.
This bill provides that there is no privilege for information contained in a report
of child abuse or neglect provided under the Children's Code section that requires a
large number of professionals, including all of the professionals listed in current law
under the privilege statute, to report possible child abuse or neglect.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB556, s. 1
1Section
1. 905.04 (4) (e) 1. of the statutes is repealed.
AB556, s. 2
2Section
2. 905.04 (4) (e) 2. of the statutes is repealed.
AB556, s. 3
3Section
3. 905.04 (4) (e) 2m. of the statutes is created to read:
AB556,2,64
905.04
(4) (e) 2m. There is no privilege for information contained in a report
5of child abuse or neglect that is provided under s. 48.981 (3) when that report is
6required under s. 48.981 (2).
