LRB-5239/1
EHS:cdc
2023 - 2024 LEGISLATURE
December 6, 2023 - Introduced by Representatives Emerson, Conley, Jacobson,
Sinicki, Andraca, J. Anderson, Shelton, Considine, Drake and Haywood,
cosponsored by Senators L. Johnson, Smith and Larson. Referred to
Committee on Health, Aging and Long-Term Care.
AB729,1,2
1An Act to create 48.374 of the statutes;
relating to: a minor's authority to
2consent to health care.
Analysis by the Legislative Reference Bureau
This bill allows a minor who is an unaccompanied youth to consent to, contract
for, and receive medical, dental, or behavioral health examinations, care, or
treatment without a parent's or guardian's permission, authority, or consent under
certain circumstances. The bill defines “unaccompanied youth” as the term is
defined under federal law, which is a homeless youth not in the physical custody of
a parent or guardian.
Under the bill, in order to consent to health care, such a minor must be at least
14 years of age and must not be under the supervision of a county department of
human services or social services, a licensed child welfare agency, the Department
of Children and Families, or the Department of Corrections. Also under the bill, one
of the following must confirm in writing that the minor is an unaccompanied youth:
a local educational agency liaison for homeless children and youths designated under
federal law, a school social worker or counselor, an employee who conducts intake at
a shelter facility or transitional living program where the minor has been admitted
as an unaccompanied youth under current law, or the director, or his or her designee,
of a governmental or nonprofit entity that receives public or private funding to
provide services to individuals who are homeless or to unaccompanied youth.
Under the bill, a professional who provides medical, dental, or behavioral
health examinations, care, or treatment to a minor based on the minor's consent
given in conformity with the bill may not be held liable in a civil or criminal action
for providing those services without having obtained permission from the minor's
parent or guardian.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB729,1
1Section 1
. 48.374 of the statutes is created to read:
AB729,2,3
248.374 Minor consent for medical care. (1) In this section,
3“unaccompanied youth” has the meaning given in
42 USC 11434a (6).
AB729,2,7
4(2) Except as provided under s. 48.375, a minor may consent to, contract for,
5and receive medical, dental, or behavioral health examinations, care, or treatment
6without a parent's or guardian's permission, authority, or consent if all of the
7following apply:
AB729,2,88
(a) The minor is 14 years of age or older.
AB729,2,119
(b) The minor is not under the supervision of a county department, a licensed
10child welfare agency, the department, or the department of corrections under this
11chapter or ch. 938 or under the jurisdiction of the court.
AB729,2,1412
(c) One of the following, who has obtained the minor's consent to disclose the
13minor's status as an unaccompanied youth, confirms in writing that the minor is an
14unaccompanied youth:
AB729,2,1615
1. A local educational agency liaison for homeless children and youth
16designated under
42 USC 11432 (g) (1) (J) (ii).
AB729,2,1717
2. A school social worker or counselor.
AB729,2,1918
3. An employee who conducts intake at a shelter facility or transitional living
19program where the minor has been admitted under s. 48.9875.
AB729,3,3
14. The director, or his or her designee, of a governmental or nonprofit entity that
2receives public or private funding to provide services to individuals who are homeless
3or to unaccompanied youth.
AB729,3,44
5. An attorney representing the minor in any legal matter.
AB729,3,9
5(3) (a) A physician or other qualified professional licensed to practice in this
6state who provides medical, dental, or behavioral health examinations, care, or
7treatment to a minor based on consent given by the minor in conformity with this
8section may not be held liable in a civil or criminal action for providing those services
9without having obtained permission from the minor's parent or guardian.
AB729,3,1210
(b) This section does not relieve a physician or other qualified professional
11licensed in this state from liability for negligence in the diagnosis or treatment of a
12minor.
AB729,3,14
13(4) (a) Identification of a minor as an unaccompanied youth does not by itself
14establish that the minor has been abused or neglected.
AB729,3,1615
(b) This section does not supersede the mandatory reporting requirements
16under s. 48.981.
AB729,3,1817
(c) This section does not affect any rights a minor has to consent to treatment
18under ch. 51.
