2021 - 2022 LEGISLATURE
October 4, 2021 - Introduced by Senators Testin,
Jagler, Bernier, Bradley,
Cowles, Kapenga, LeMahieu, Nass, Roth and Wanggaard, cosponsored by
Representatives Dittrich, Allen, Callahan, Gundrum, Katsma, Knodl,
Krug, Kuglitsch, Loudenbeck, Mursau, Penterman, Plumer, Rozar,
Schraa, Spiros, Summerfield, Tusler and Edming. Referred to Committee on
1An Act to create
253.135 of the statutes; relating to: congenital condition
Analysis by the Legislative Reference Bureau
This bill requires physicians who administer a prenatal or postnatal test for a
congenital condition and receive a positive test result to ensure the parent or
expectant parent of the child with the positive test result receives certain educational
resources on the congenital condition made available by the Department of Health
Services. The educational resources may be provided electronically, or, if the parent
or expectant parent prefers, physically. The educational resources that DHS must
make available on its Internet site must include certain current, evidence-based
information about the congenital condition that has been reviewed by medical
experts and national organizations specializing in the congenital condition specified
in the bill and supportive information relevant to the congenital condition that
includes contact information as specified in the bill. The bill requires DHS to review
and, as appropriate, update the educational resources with information from new
studies and research. The bill also requires DHS to provide the educational
resources in, at least, English and in Spanish and Hmong translations.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
253.135 of the statutes is created to read:
2253.135 Congenital conditions.
In this section:
(a) “Congenital condition” means a genetic or other congenital disease or 4
condition, including Down syndrome, that is capable of being detected through in 5
(b) “Down syndrome" means a genetic condition caused by cell division that 7
results in the presence of an extra whole or partial copy of chromosome 21.
8(2) Requirement to provide educational resources.
Any physician who 9
administers a prenatal or postnatal test for a congenital condition and receives a 10
positive test result for a congenital condition shall ensure that the parent or 11
expectant parent of a child with the positive test result receives all of the educational 12
resources described under sub. (3). The educational resources may be provided 13
electronically by electronic mail or another digital or electronic means of 14
communication or, if the parent or expectant parent prefers, physically by a copy of 15
the resources obtained from the department's Internet site.
16(3) Educational resources.
(a) The department shall make available to 17
physicians described in sub. (2) through a link on its Internet site educational 18
resources on the congenital condition that include all of the following:
1. Current, evidence-based information about the congenital condition that 20
has been reviewed by medical experts and national organizations specializing in that 21
congenital condition and that contains all of the following:
a. Possible physical, developmental, educational, and psychosocial outcomes 23
of the congenital condition.
b. Life expectancy for individuals with a diagnosis of the congenital condition.
c. Clinical course of the congenital condition.
d. Intellectual and functional development for individuals with a diagnosis of 2
the congenital condition.
e. Treatment options for the congenital condition.
f. Any other information related to the congenital condition the department 5
determines is necessary.
2. Supportive information relevant to the congenital condition that includes 7
contact information for all of the following:
a. Informational hotlines specific to the congenital condition.
b. Relevant resource centers.
c. National and local organizations with a focus on the congenital condition.
d. Educational and support programs.
(b) The department shall periodically review the educational resources under 13
par. (a) 1. and 2. and, as appropriate, shall update the educational resources with 14
information from new studies or research that is released or discovered related to 15
(c) The department shall provide the educational resources under par. (a) 1. and 17
2. in, at least, Spanish and Hmong translations in addition to English.