SB653: Bill Text

SB653,12 Section 12. 253.105 of the statutes is repealed.

SB653,13 Section 13. 253.107 of the statutes, as created by 2015 Wisconsin Act 56, is repealed.

SB653,14 Section 14. Chapter 258 of the statutes is created to read:

SB653,9,24 Chapter 258 Patients' Reproductive health act

SB653,9,25 258.01 Definitions. In this chapter:

SB653,10,7 (1) "Biomedical and behavioral research" includes studies designed primarily to increase the scientific base of information about normal or abnormal physiology and development; studies primarily intended to evaluate the safety, effectiveness, or usefulness of a medical product, procedure, or intervention; and studies on the behavior of individuals and populations to establish a body of demonstrable, replicable facts and theories that contribute to knowledge and amelioration of human problems.

SB653,10,8 (2) "Department" means the department of health services.

SB653,10,15 (3) "Deprecatory matter" means, in the context of patient and health care provider protection, any knowingly false communication or publication that exposes an individual who is seeking, is obtaining, or has obtained health care services, who is aiding or has aided an individual to obtain health care services, or who provides health care services to hatred, contempt, ridicule, degradation, or disgrace in society or exposes that individual or health care provider to injury in the individual's or health care provider's business or occupation.

SB653,10,22 (4) "Employment retribution" means a retaliatory action taken by an employer in response to an exercise of a health care provider's rights specifically created or recognized in law, including termination of employment, employment suspensions or probationary periods, written or oral warnings, failure to promote, diminishment in employment responsibilities, adverse changes in compensation, removal from or adverse changes in titled positions, denial of medical staff or other privileges, or unwanted work schedule changes.

SB653,11,4 (5) "Health care provider" means an employer, employee, independent contractor, or consultant who provides health care under state law, a business or corporation providing health care services authorized by the state, including a physician of medicine or osteopathy, a physician's assistant, a specialist assistant, a nurse, a nurse practitioner, a hospital, a critical access hospital, a skilled nursing facility, a comprehensive outpatient rehabilitative facility, a health center, a home health agency, an ambulatory surgery center, a dialysis center, or a hospice program.

SB653,11,9 (6) "Immediate family member" means, for a certain individual, in the context of patient and health care provider protection, a spouse, parent, brother or sister, child or person to whom the individual stands in loco parentis, or any other person living in the individual's household and related to that individual by blood or marriage.

SB653,11,21 (7) "Medically accurate" means information relevant to informed decision-making based on the weight of current scientific evidence, derived from research using accepted scientific methods, consistent with generally recognized scientific theory, and, if available, published in peer-reviewed journals, and recognized as accurate, objective, and complete by professional medical organizations including the American Medical Association, the American Congress of Obstetricians and Gynecologists, the American Public Health Association, or the American Academy of Pediatrics; by government agencies, including the Center for Disease Control, the Food and Drug Administration, the National Cancer Institute, the American Psychological Association, or the National Institute of Health; or by scientific advisory groups including the Institute of Medicine and the Advisory Committee on Immunization Practices.

SB653,11,23 (8) "Physical obstruction" means, in the context of patient and health care provider protection, willfully or recklessly doing any of the following:

SB653,12,3 (a) Obstructing, hindering, detaining, depriving, impeding the clear passage to, or blocking an individual's access to or egress from, a health care facility or from the common areas of the real property upon which the facility is located.

SB653,12,8 (b) Without the consent of the individual, intruding within 6 feet of an individual entering or exiting a health care facility or from the common areas of the real property upon which the facility is located in a manner that deprives or delays the individual from obtaining, aiding another to obtain, or providing health care services.

SB653,12,9 (9) "Physician" has the meaning given in s. 448.01 (5).

SB653,12,14 (10) "Procedure or treatment form" means any information a patient receives relating to giving consent to a procedure or treatment the patient may elect to proceed with, whether in a brochure, a notice, a posting, an agreement, or other document, provided in writing, electronically, or by video, without regard to whether or not the communication requires a signature.

SB653,12,20 (11) "Professional medical organization" means an entity widely regarded as the leading organization or association within its field that serves a single profession, or a specialty within a single profession, that possesses a primary standing in that profession that requires of its members a significant amount of education, training, or experience, or a license or certificate from a state or authorized private authority to practice the profession or specialty.

SB653,12,25 (12) "Referral" means providing names and contact information of health care providers, securing or assisting a patient in scheduling appointments with health care providers, and communicating with referred health care providers about medical care that may be in the patient's best interest in the judgment of the health care provider.

SB653,13,5 (13) "Scientific advisory group" means, in the context of providing medically accurate information to patients, a group that is recognized as an authoritative scientific source by the medical profession and is comprised of knowledgeable, prominent, and credible members in their field of expertise and that offers scientific opinions on health matters.

SB653,13,10 (14) "Suffer serious emotional distress" means to feel terrified, intimidated, threatened, harassed, or tormented on account of an actor's intentional conduct or behavior if such conduct or behavior would cause a reasonable person under the same circumstances to feel terrified, intimidated, threatened, harassed, or tormented.

SB653,13,11 (15) "Targeted and dangerous activity" means any of the following:

SB653,13,14 (a) Any act or threat involving murder, kidnapping, arson, robbery, other substantial bodily harm, bribery, or extortion, which is chargeable under the law and punishable by imprisonment for more than one year.

SB653,13,16 (b) Any act dangerous to human life that is a violation of the laws of the United States or of this state.

SB653,13,21 258.05 Patient rights to medically accurate information. (1) In this section, "patient" means any individual who presents himself or herself at or before a health care provider for the purpose of obtaining medical investigation, examination, diagnosis, stabilization, consultation, treatment, procedure, or referral.

SB653,13,25 (2) A patient has the right to receive medically accurate information from a physician providing medical care, including but not limited to, investigation, examination, diagnosis, stabilization, consultation, treatment, procedure, and referral.

SB653,14,3 (3) A physician has the right and obligation to provide medically accurate information to patients to whom the physician provides medical care, and to make referrals for patients to other licensed physicians and health care providers.

SB653,14,6 (4) No person, including the state or any political subdivision of the state, may interfere with or otherwise diminish the rights and obligations specified in sub. (2) or (3).

SB653,14,10 (5) Employment retribution by any person against a physician based on the physician's exercise of the rights and obligations specified in subs. (2) and (3), or the physician's provision of medical care to a patient based on such rights and obligations, is prohibited.

SB653,14,12 (6) The state, including any political subdivision or instrumentality of the state, may not do any of the following:

SB653,14,16 (a) Require the inclusion of any content in a procedure or treatment form that is not medically accurate, or promote or support, in any manner, an entity that promulgates, for distribution to a patient or other person seeking medical advice from an entity, information that is not medically accurate.

SB653,14,25 (b) Prohibit a physician from adding medically accurate information or from deleting information in a procedure or treatment form that, in the physician's medical judgment, is either not medically accurate or that does not align with a patient's specific request for medical care concerning diagnosis, reservations relevant to the diagnosis, the nature and purpose of the proposed procedure or treatment, risks and consequences of the proposed procedure or treatment, reasonable alternatives to the procedure or treatment appropriate for the patient's situation, patient counseling, or prognosis if a patient elects not to proceed with a proposed procedure or treatment.

SB653,15,1 (7) (a) A patient in this state has the right to all of the following:

SB653,15,3 1. Access, generally, to continually improving, medically accurate, high quality, safe patient care.

SB653,15,9 2. Access, particularly, to continually improving, medically accurate, high quality, safe patient care from obstetricians, gynecologists, pediatricians, emergency room physicians, and family medicine physicians who attended medical residency programs that provided training in evidence-based, clinically sound and current, comprehensive reproductive health care with reliance on up-to-date, medically accurate didactic materials.

SB653,15,16 (b) The office of advancement in medical knowledge and care shall investigate developments affecting the policy of the state and patient rights under this section, submit an annual report of its findings to the appropriate standing committees of the legislature handling issues relating to health, as determined by the speaker of the assembly and the president of the senate under s. 13.172 (3), and distribute the report to the governor, the deans of all schools of medicine in the state, and the directors of all medical residency programs in the state.

SB653,15,18 (8) Whoever violates this section shall be subject to the civil remedies under s. 258.55.

SB653,15,21 258.10 Employment retribution and discrimination prohibition. (1) In this section, "adverse employment action" means any of the following actions engaged in or taken by an employer:

SB653,15,24 (a) Employment retribution, or unfair discrimination in employment under s. 111.31, in the hiring, licensing, terms or conditions of employment, compensation, promotion, privileges, or termination of any health care provider.

SB653,16,2 (b) Employment retribution, or unfair discrimination in employment under s. 111.31, in the extension of staff or other privileges to any health care provider.

SB653,16,6 (c) Any adverse action against a health care provider with respect to hiring, licensing, terms or conditions of employment, compensation, promotion, privileges, termination, or quantity, schedule, or nature of the health care provider's assignments or duties.

SB653,16,8 (2) No person may take any adverse employment action against a health care provider because the health care provider does any of the following:

SB653,16,11 (a) Performs or assists or has performed or assisted in a sterilization procedure, an abortion procedure, or other reproductive health service for an employer or as a volunteer.

SB653,16,12 (b) Participates in or has participated in biomedical and behavioral research.

SB653,16,14 (c) Engages or has engaged in activities that support or promote any of the procedures, services, or research described under par. (a) or (b).

SB653,16,17 (d) Has asserted or exercised, under s. 258.25, a conscientious belief to not provide or to provide any standard reproductive health care services, as defined in s. 258.25 (1) (k).

SB653,16,21 (3) A hospital or health care facility shall provide a written notice to each health care provider applicant, and annually to each health care provider, describing the employment retribution and discrimination prohibitions under sub. (2). Notices may be provided to applicants and employees electronically.

SB653,17,2 (4) A hospital or health care facility may not, without the express consent of a health care provider, disclose information about a health care provider's procedures, services, or research to that health care provider's potential or prospective employers if the disclosure divulges activities that the hospital or health care facility could not use itself for disciplinary or other prohibited purposes under sub. (2).

SB653,17,5 (5) Whoever engages in employment retribution or discrimination against a health care provider in violation of sub. (2), (3), or (4) shall be subject to the civil remedies under s. 258.55.

SB653,17,7 258.15 Implementation health care task force. (1) In this section, "task force" means the implementation health care task force established under sub. (2).

SB653,17,12 (2) The secretary of the department shall establish a special committee under s. 15.04 (1) (c) called the implementation health care task force to examine and report annually upon the challenges and successes in achieving the state policies and rights created or described in this chapter. The task force described in this section shall be comprised of the following members:

SB653,17,15 (a) A law enforcement officer designated by the Wisconsin Professional Police Association who specializes in investigating crimes involving harassment under s. 947.013 or stalking under s. 940.32.

SB653,17,16 (b) The state public defender, or his or her designee.

SB653,17,18 (c) A representative designated by a statewide professional medical organization that represents registered nurses.

SB653,17,21 (d) An assistant district attorney designated by the association of state prosecutors who has significant professional experience prosecuting crimes involving harassment under s. 947.013 or stalking under s. 940.32.

SB653,17,24 (e) A representative designated by a statewide nonprofit organization dedicated to advancing access to standard reproductive health care services, as defined in s. 258.25 (1) (k).

SB653,18,2 (f) A representative designated by a statewide professional medical organization that specializes in the fields of obstetrics and gynecology.

SB653,18,4 (g) A representative designated by a statewide professional medical organization that specializes in the field of family medicine.

SB653,18,5 (h) A representative designated by a scientific advisory group.

SB653,18,8 (i) A representative designated by a nonprofit organization with a multi-year record of advocating for assuring access to comprehensive, community-oriented primary health care services.

SB653,18,10 (3) If a vacancy occurs in the task force membership, the vacancy shall be filled in the same manner as the initial appointment.

SB653,18,16 (4) The task force shall submit an annual report in December of each year that is made publicly available either in paper or electronic form, published on the department's website, and delivered to the governor and the legislature documenting the progress of the task force and including its findings for the year and containing recommendations for future actions. The report must address all of the following issues:

SB653,18,17 (a) All studies performed and the results of those studies.

SB653,18,19 (b) Evaluations of the effectiveness of existing law in resolving issues within the scope of mandate of the task force.

SB653,18,22 (c) Recommendations for new services, resources, and legislative or administrative policies to secure more effective implementation of state policies, rights, and remedies.

SB653,18,24 (d) Recommendations to enhance public consideration of those issues not susceptible to immediate legal or administrative resolution.

SB653,19,3 (e) A full presentation of the findings, evaluations, and recommendations of each member who, in whole or in part, does not agree with the findings, evaluations, or recommendations of the majority of the members of the task force.

SB653,19,13 (5) The task force shall meet in person at least twice annually on such dates and times as the members determine. A majority of all the task force members shall constitute a quorum for the transaction of any business, for the performance of any duty, or for the exercise of any action by the task force. The task force may meet in person or by telephone or by using other communication technologies, and may hold meetings to discuss issues even in the absence of quorum. The task force shall attempt to engage, and solicit the input of, a broad and diverse range of groups, organizations, and individuals. In doing so, the task force may use whatever networking and communication technologies will most effectively further its mission and facilitate this outreach.

SB653,19,15 (6) The chair of the task force will be selected by a majority of the members that constitute the task force.

SB653,19,18 (7) No member shall serve beyond the time when he or she holds the office, employment, or status by reason of which he or she was initially eligible for appointment.

SB653,19,22 (8) The task force shall serve without compensation but shall be eligible for reimbursement for necessary and reasonable expenses incurred in the performance of their official duties within the limits of funds appropriated or otherwise made available to the department for its purposes.

SB653,20,4 (9) The task force may draw upon the human resources and expertise of private institutions, including those institutions associated with individuals appointed to the task force to the extent considered appropriate by those institutions. The task force may not permit financial remuneration for assistance provided under this subsection, and private institutions may not be provide assistance with any intent to influence the deliberations of the task force to the advantage of the participating private entity.

SB653,20,7 (10) The department shall, as part of its routine functions, designate and provide staffing and support services sufficient to ensure that the task force can complete its work and submit its report each year.

SB653,20,9 258.20 Comprehensive women's health research council. (1) In this section:

SB653,20,10 (a) "Council" means the comprehensive women's health research council.

SB653,20,15 (b) "Research" means basic and clinical research in evidence-based care on voluntary termination of pregnancy in the areas of safety and quality, including improvements of medical and surgical techniques, medication and pain management, psychosocial aspects of care, impacts of medical or surgical care restrictions, patient outcomes, and contraception immediately following pregnancy.

SB653,20,23 (2) The council shall identify and assess the needs for research on voluntary termination of pregnancy, prioritize research projects most likely to improve health outcomes for women in this state, and propose ways and means to fund those projects. To accomplish the duty under this subsection, the council shall review medical and scientific literature and solicit opinions from reproductive health care providers and from medical and scientific researchers on the current status of research on voluntary termination of pregnancy and on improving women's health outcomes.

SB653,21,3 (3) The council shall meet at least twice annually on dates and at times as the members determine. The council may meet in person, by telephone, or by using other means of communication.

SB653,21,8 (4) The council may request human resources and expertise of private institutions, including those institutions associated with individuals appointed to the council. The private institutions may provide those human resources and that expertise as they consider appropriate without compensation and without intent to influence the deliberations of the council to the advantage of the private institution.

SB653,21,11 (5) The department shall designate and provide staffing and support services sufficient, including a needs assessment, to ensure that the council is able to conduct its work.

SB653,21,15 (6) Annually, in December, the council shall submit to the governor, to the department for publication on the department's Internet site, and to the legislature in the manner described under s. 13.172 (2) a report that addresses all of the following:

SB653,21,17 (a) An assessment of the current status and any gaps in research on voluntary termination of pregnancy and on improving health outcomes for women.

SB653,21,19 (b) An inventory of significant research needed to advance and improve health care outcomes for women.

SB653,21,21 (c) A prioritization of the research considered by the council to most likely result in improving the health outcome of women in this state.

SB653,21,23 (d) The findings of the council regarding the availability of public and private funding to meet the research needs identified by the council under par. (b).

SB653,21,25 (e) An estimate of the funding needed to meet the research needs prioritized by the council under par. (c).

SB653,22,3 (f) A statement of criteria and standards recommended by the council for awarding grants for the research identified under par. (b) or prioritized under par. (c) when funding is available.

SB653,22,11 (7) It is the policy of the state to support and attain improved health care outcomes for all women who voluntarily terminate a pregnancy in this state. In recognition of this policy, with awareness that national level research directed towards achieving improved outcomes on voluntary termination of pregnancy remains limited and that continuing advances in safe and effective health care in all medical fields requires ongoing evidence-based research, the department shall engage in activities and pursue strategies to continually advance the science and medicine of voluntary termination of pregnancy.

SB653,22,13 258.25 Enabling patient care while honoring conscience of reproductive health care providers. (1) Definitions. In this section: