Amendment ASA1-SB799

2025 - 2026 LEGISLATURE

LRBs0545/1

KMS:klm

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO SENATE BILL 799

February 19, 2026 - Offered by Representative Donovan.

SB799-ASA1,1,4 An Act to amend 51.30 (5) (b) 1., 51.30 (5) (bm), 62.50 (3) (am) and 146.835; to create 146.83 (1d) and 252.15 (3m) (d) 1m. of the statutes; relating to: management policies of police and fire departments of first class cities and parental access to health records of minors.

Analysis by the Legislative Reference Bureau

Under current law, in first class cities (presently only the city of Milwaukee), the chief of the police department and the chief of the fire department are responsible for establishing policies relating to the control and management of each department. The common council may suspend or modify any of these policies with a two-thirds vote of all of the members of the common council. Under this bill, such a policy may be suspended or modified only upon a unanimous vote of all of the members of the common council.

In addition, generally, under current law, the parent or guardian of a minor is entitled to access to the minor’s health records, with certain exceptions. The bill makes various changes to parent and guardian access to minors’ health records.

Under current law, the parent or guardian of a developmentally disabled minor is entitled to access to the minor’s court and mental health treatment records except if the minor is at least 14 years old and files a written objection. The bill eliminates the exception.

Current law allows a minor who is at least 14 years old to consent to HIV testing without parental consent, and the parent or guardian generally would not be entitled to disclosure of the test results without informed consent of the minor. The bill allows parents and guardians access to the records.

The bill leaves in place the current law provision that a parent who has been denied physical placement with a minor is not entitled to access the minor’s health care records. The bill adds that a parent of a minor who has been found in need of protection or services because of the parent’s action or inaction is not entitled to access the minor’s health care records.

Consistent with existing federal regulations, the bill does not change access to records relating to alcohol and other drug treatment a minor legally obtains without parental consent. The bill also does not alter a health care provider’s authority under federal law to limit access to records in certain circumstances when there is suspected abuse or the provider believes the release of the information could endanger the minor.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB799-ASA1,1 Section 1. 51.30 (5) (b) 1. of the statutes is amended to read:

SB799-ASA1,2,11 51.30 (5) (b) 1. The guardian of an individual who is adjudicated incompetent in this state shall have access to the individual’s court and treatment records at all times. The parent, guardian, or person in the place of a parent of a developmentally disabled minor shall have access to the minor’s court and treatment records at all times except in the case of a minor aged 14 or older who files a written objection to such access with the custodian of the records. The parent, guardian, or person in the place of a parent of other minors shall have the same rights of access as provided to subject individuals under this section. Access under this subdivision includes access, at any time, to any electronic version of a minor’s treatment records that is accessible via the Internet.

SB799-ASA1,2 Section 2. 51.30 (5) (bm) of the statutes is amended to read:

SB799-ASA1,3,6 51.30 (5) (bm) Parents denied physical placement who may not access a child’s court or treatment records. A parent who has been denied periods of physical placement with a child under s. 767.41 (4) (b) or 767.451 (4) and the parent of a minor who has been adjudged to be in need of protection or services under s. 48.13 because of an action by the parent or the parent’s failure to act may not have the rights of a parent or guardian under pars. (a) and (b) with respect to access to that child’s court or treatment records.

SB799-ASA1,3 Section 3. 62.50 (3) (am) of the statutes is amended to read:

SB799-ASA1,3,10 62.50 (3) (am) The common council may suspend or modify any policy established under par. (a) only upon a two-thirds unanimous vote of all of the members of the common council.

SB799-ASA1,4 Section 4. 146.83 (1d) of the statutes is created to read:

SB799-ASA1,3,14 146.83 (1d) A health care provider shall grant the parent or guardian of a minor access, at any time, to any electronic version of the minor’s patient health care records that is accessible via the Internet.

SB799-ASA1,5 Section 5. 146.835 of the statutes is amended to read:

SB799-ASA1,3,22 146.835 Parents denied physical placement rights who may not access a child’s patient health care records. A parent who has been denied periods of physical placement under s. 767.41 (4) (b) or 767.451 (4) and the parent of a minor who has been adjudged to be in need of protection or services under s. 48.13 because of an action by the parent or the parent’s failure to act may not have the rights of a parent or guardian under this chapter with respect to access to that child’s patient health care records under s. 146.82 or 146.83.

SB799-ASA1,6 Section 6. 252.15 (3m) (d) 1m. of the statutes is created to read:

SB799-ASA1,4,2 252.15 (3m) (d) 1m. Notwithstanding par. (c), to a parent or legal custodian of a minor who is 14 years of age or older, except for a parent described in s. 146.835.

SB799-ASA1,4,3 (end)