LRB-3602/1
SWB:amn
2017 - 2018 LEGISLATURE
November 17, 2017 - Introduced by Representatives C. Taylor, Anderson,
Berceau, Billings, Brostoff, Considine, Crowley, Fields, Goyke, Hebl,
Hesselbein, Kolste, Ohnstad, Pope, Riemer, Sargent, Sinicki, Spreitzer,
Stuck, Subeck, Wachs, Zamarripa and Zepnick, cosponsored by Senators
Erpenbach, Johnson, Larson, Miller, Ringhand, Risser, Shilling, L. Taylor,
Vinehout and Wirch. Referred to Committee on Health.
AB657,1,2 1An Act to create 146.893 of the statutes; relating to: medically accurate
2information.
Analysis by the Legislative Reference Bureau
This bill creates a right and obligation for a health care provider to provide
medically accurate information to patients to whom the health care provider
provides medical care. The bill also creates a right for a patient to receive medically
accurate information from a health care provider. The bill prohibits interference or
other diminishment of the rights and obligations relating to medically accurate
information, and further prohibits employment retribution based upon a health care
provider's exercise of the rights and obligations relating to the provision of medically
accurate information.
Under the bill, the state, including any political subdivision or instrumentality
of the state, may not do either of the following: 1) require any information that is not
medically accurate to be included on a procedure or treatment form; or 2) prohibit a
health care provider from including medically accurate information or from deleting
information that in the health care provider's medical judgment is either not
medically accurate or not somehow relevant to the patient's specific request for care
or treatment.
Under the bill, a patient or health care provider may file a civil action for a
violation related to the patient's right to accurate medical information. The bill
allows the person to seek, in addition to injunctive relief and punitive damages,
compensatory damages that reflect his or her actual damages or statutory damages
of $5,000 per violation.

A statutory damages option of $20,000 per violation is available to a health care
provider who files a civil action after experiencing employment retribution for his or
her provision of medical care, after being prevented from providing medically
accurate information to a patient, or after being required to provide medically
inaccurate information to patient.
The bill also authorizes the attorney general to commence a civil action if he or
she has reasonable cause to believe that any person is violating a patient's or health
care provider's rights relating to the receipt or provision of medically accurate
information. Under the bill, a court may award injunctive relief and compensatory
damages and an additional assessment of up to $20,000 for the first violation and
$40,000 for each subsequent violation.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB657,1 1Section 1. 146.893 of the statutes is created to read:
AB657,2,3 2146.893 Patient rights to medically accurate information. (1)
3Definitions. In this section:
AB657,2,44 (a) “Health care provider” has the meaning given in s. 146.81 (1).
AB657,3,25 (b) “Medically accurate information" means information relevant to informed
6decision making verified or supported by the weight of peer-reviewed medical
7research conducted in compliance with accepted scientific methods; recognized as
8medically sound and objective by leading medical organizations with relevant
9expertise, such as the American Medical Association, the American Congress of
10Obstetricians and Gynecologists, the American Public Health Association, the
11American Psychological Association, the American Academy of Pediatrics, the
12American College of Physicians, and the American Academy of Family Physicians,
13or by government agencies such as the Center for Disease Control, the Food and Drug
14Administration, the National Cancer Institute, and the National Institute of Health,
15or by scientific advisory groups including the Institute of Medicine and the Advisory

1Committee on Immunization Practices; or recommended by or affirmed in the
2medical practice guidelines of a nationally recognized accrediting organization.
AB657,3,33 (c) “Patient” has the meaning given in s. 146.81 (3).
AB657,3,84 (d) “Procedure or treatment form” means any information a patient receives
5relating to giving consent to a procedure or treatment the patient may elect to
6proceed with, whether in a brochure, a notice, a posting, an agreement, or other
7document, provided in writing, electronically, or by video, without regard to whether
8or not the communication requires a signature.
AB657,3,149 (e) “Professional medical organization” means an entity widely regarded as the
10leading organization or association within its field serving a single profession, or a
11specialty within a single profession, that possesses a primary standing in that
12profession and requires of its members a significant amount of education, training,
13or experience, or a license or certificate from a state or authorized private authority
14to practice the profession or specialty.
AB657,3,1915 (f) “Scientific advisory group” means, in the context of providing medically
16accurate information to patients, a group that is recognized as an authoritative
17scientific source by the medical profession and is comprised of knowledgeable,
18prominent, and credible members in their field of expertise and that offers opinions
19on health matters.
AB657,3,23 20(2) Patient rights. (a) A patient has the right to receive medically accurate
21information from a health care provider providing medical care, including medical
22investigation, examination, diagnosis, stabilization, consultation, treatment,
23procedure, and referral.
AB657,4,3
1(b) A health care provider has the right and obligation to provide medically
2accurate information to patients to whom the health care provider provides medical
3care and to make referrals for patients to other licensed health care providers.
AB657,4,64 (c) No person, including the state or any political subdivision of the state, may
5interfere with or otherwise diminish the rights and obligations specified in par. (a)
6or (b).
AB657,4,107 (d) Employment retribution by any person against a health care provider based
8on the health care provider's exercise of the rights and obligations specified in pars.
9(a) and (b), or the health care provider's provision of medical care to a patient based
10on such rights and obligations, is prohibited.
AB657,4,1211 (e) The state, including any political subdivision or instrumentality of the state,
12may not do any of the following:
AB657,4,1413 1. Require the inclusion of any content in a procedure or treatment form that
14is not medically accurate information.
AB657,4,2315 2. Prohibit a health care provider from adding medically accurate information
16or from deleting information in a procedure or treatment form that, in the health care
17provider's medical judgment, is either not medically accurate information or that
18does not align with a patient's specific request for medical care concerning diagnosis,
19reservations relevant to the diagnosis, the nature and purpose of the proposed
20procedure or treatment, risks and consequences of the proposed procedure or
21treatment, reasonable alternatives to the procedure or treatment appropriate for the
22patient's situation, patient counseling, or prognosis if a patient elects not to proceed
23with a proposed procedure or treatment.
AB657,5,3
1(f) Any person, including this state or any political subdivision or
2instrumentality of this state, who violates this section shall be subject to the
3remedies under sub. (3).
AB657,5,64 (g) Nothing in this section may be construed to alter existing professional
5standards of care or abrogate the duty of a licensed health care provider to meet the
6applicable standard of care.
AB657,5,11 7(3) Remedies. (a) 1. If the attorney general has reasonable cause to believe that
8any person is violating sub. (2), the attorney general has standing to bring and may
9commence a civil action against any party in the name of the state in any court with
10appropriate jurisdiction to vindicate the public interest and protect the rights of
11citizens of the state.
AB657,5,1712 2. For each violation specified in subd. 1., the court may award any appropriate
13relief, including temporary, preliminary, or permanent injunctive relief and
14compensatory damages. The court, to vindicate the public interest, may assess
15against a party other than the state or political subdivision or instrumentality of the
16state an additional amount not to exceed $20,000 for the first violation and $40,000
17for each subsequent violation.
AB657,5,2018 (b) 1. A patient or health care provider claiming a violation of the right and
19obligations specified in sub. (2) and any associated claims under common law may
20commence a civil action for relief under subd. 2.
AB657,5,2521 2. In any action under subd. 1., the court may award appropriate relief,
22including temporary, preliminary, or permanent injunctive relief, and compensatory
23and punitive damages. With respect to compensatory damages, the plaintiff may
24elect, at any time prior to the rendering of final judgment, to recover an award of
25statutory damages in the amount of $5,000 per violation in lieu of actual damages.
AB657,6,2
1(c) A health care provider claiming a violation of sub. (2) (d) or (e) may
2commence a civil action for relief under par. (d).
AB657,6,83 (d) In any action under par. (c), the court may award appropriate relief,
4including temporary, preliminary, or permanent injunctive relief; back pay or
5reinstatement or other privileges; and compensatory and punitive damages. With
6respect to compensatory damages, the plaintiff may elect, at any time before the
7rendering of final judgment, to recover an award of statutory damages in the amount
8of $20,000 per violation, in lieu of actual damages.
AB657,6,99 (End)
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