2019 - 2020 LEGISLATURE
March 19, 2020 - Introduced by Senators Erpenbach, Johnson, Wirch,
Ringhand, L. Taylor, Larson, Shilling, Risser, Bewley and Miller,
cosponsored by Representatives
C. Taylor, Emerson, Neubauer, Spreitzer,
Anderson, Sinicki, Hintz, Subeck, Considine, Ohnstad, Zamarripa and
Crowley. Referred to Committee on Health and Human Services.
1An Act to create
146.893 of the statutes; relating to: medically accurate
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 any person,
including the state or any subdivision of the state, from interfering with or otherwise
diminishing the rights described under the bill related to medically accurate
information and from requiring in a procedure or treatment form information that
is not medically accurate. The bill 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, 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 people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
146.893 of the statutes is created to read:
2146.893 Patient rights to medically accurate information. (1) 3Definitions.
In this section:
(a) “Health care provider” has the meaning given in s. 146.81 (1).
(b) “Leading professional medical organization” means an entity widely 6
regarded as the leading organization or association within its field serving a single 7
profession, or a specialty within a single profession, that possesses a primary 8
standing in that profession and requires of its members a significant amount of 9
education, training, or experience, or a license or certificate from a state or 10
authorized private authority to practice the profession or specialty.
(c) “Medically accurate information" means information relevant to informed 12
decision making verified or supported by the weight of peer-reviewed medical 13
research conducted in compliance with accepted scientific methods; recognized as 14
medically sound and objective by leading professional medical organizations with 15
relevant expertise, such as the American Medical Association, the American 16
Congress of Obstetricians and Gynecologists, the American Public Health 17
Association, the American Psychological Association, the American Academy of 18
Pediatrics, the American College of Physicians, and the American Academy of 19
Family Physicians, or by government agencies such as the Centers for Disease 20
Control and Prevention, the Food and Drug Administration, the National Cancer 21
Institute, and the National Institutes of Health, or by scientific advisory groups
including the Institute of Medicine and the Advisory Committee on Immunization 2
Practices; or recommended by or affirmed in the medical practice guidelines of a 3
nationally recognized accrediting organization.
(d) “Patient” has the meaning given in s. 146.81 (3).
(e) “Procedure or treatment form” means any information a patient receives 6
relating to giving consent to a procedure or treatment the patient may elect to 7
proceed with, whether in a brochure, a notice, a posting, an agreement, or other 8
document, provided in writing, electronically, or by video, without regard to whether 9
or not the communication requires a signature.
(f) “Scientific advisory group” means, in the context of providing medically 11
accurate information to patients, a group that is recognized as an authoritative 12
scientific source by the medical profession and is comprised of knowledgeable, 13
prominent, and credible members in their field of expertise and that offers opinions 14
on health matters.
15(2) Rights and obligations.
(a) A patient has the right to receive medically 16
accurate information from a health care provider providing medical care, including 17
medical investigation, examination, diagnosis, stabilization, consultation, 18
treatment, procedure, and referral.
(b) A health care provider has the right and obligation to provide medically 20
accurate information to patients to whom the health care provider provides medical 21
care and to make referrals for patients to other licensed health care providers.
(c) No person, including the state or any political subdivision of the state, may 23
interfere with or otherwise diminish the rights and obligations specified in par. (a) 24
or (b) or require in a procedure or treatment form information that is not medically 25
(d) Employment retribution by any person against a health care provider based 2
on the health care provider's exercise of the rights and obligations specified in pars. 3
(a) and (b), or the health care provider's provision of medical care to a patient based 4
on such rights and obligations, is prohibited.
(e) Any person, including this state or any political subdivision or 6
instrumentality of this state, who violates this section shall be subject to the 7
remedies under sub. (3).
(f) Nothing in this section may be construed to alter existing professional 9
standards of care or abrogate the duty of a licensed health care provider to meet the 10
applicable standard of care.
(a) 1. A patient or health care provider claiming a violation of 12
the right and obligations specified in sub. (2) and any associated claims under 13
common law may commence a civil action for relief under subd. 2.
2. In any action under subd. 1., the court may award appropriate relief, 15
including temporary, preliminary, or permanent injunctive relief, and compensatory 16
and punitive damages. With respect to compensatory damages, the plaintiff may 17
elect, at any time prior to the rendering of final judgment, to recover an award of 18
statutory damages in the amount of $5,000 per violation in lieu of actual damages.
(b) 1. A health care provider claiming a violation of sub. (2) (d) may commence 20
a civil action for relief under subd. 2.
2. In any action under subd. 1., the court may award appropriate relief, 22
including temporary, preliminary, or permanent injunctive relief; back pay or 23
reinstatement or other privileges; and compensatory and punitive damages. With 24
respect to compensatory damages, the plaintiff may elect, at any time before the
rendering of final judgment, to recover an award of statutory damages in the amount 2
of $20,000 per violation, in lieu of actual damages.