LRB-0031/3
DAK&MDK:jlg&kmg&ksh:ijs
1999 - 2000 LEGISLATURE
February 4, 1999 - Introduced by Representatives Wasserman, Sykora, Musser,
Berceau, Gronemus, J. Lehman and Reynolds. Referred to Committee on
Judiciary and Personal Privacy.
AB98,1,4
1An Act to amend 448.015 (4); and
to create 448.03 (5) (d) of the statutes;
2relating to: providing immunity from civil liability for a physician who
3prescribes an antibiotic drug for treatment of sexually transmitted disease to
4a patient for use by another.
Analysis by the Legislative Reference Bureau
Currently, a physician must inform a patient about the availability of all
alternate, viable medical modes of treatment and about the benefits and risks of
these treatments. A physician's prescription orders must specify, among other
things, the name and address of the patient. The medical examining board may
define a physician's acts or attempted acts, whether committed or omitted, as
unprofessional conduct and may warn or reprimand a physician found guilty of
unprofessional conduct or limit, suspend or revoke his or her license to practice
medicine and surgery. Currently, a "sexually transmitted disease" means syphilis,
gonorrhea, chlamydia or other diseases that the department of health and family
services defines by rule.
This bill provides immunity from liability for civil damages for a physician who,
in good faith, prescribes antibiotic drugs, other than controlled substances, for
treatment of a sexually transmitted disease to a patient for use by a person with
whom the patient has sexual intercourse. The bill excepts this practice from the
definition of "unprofessional conduct". The bill also makes the practice inapplicable
to requirements concerning informing a patient of all alternate medical modes of
treatment and specifying the name and address of a patient on a prescription order.
For further information see the state and local 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:
AB98,2,73
448.015
(4) "Unprofessional conduct" means those acts or attempted acts of
4commission or omission defined as unprofessional conduct by the board under the
5authority delegated to the board by s. 15.08 (5) (b) and any act by a physician
or 6physician assistant in violation of ch. 450 or 961.
"Unprofessional conduct" does not
7include the prescribing of an antibiotic drug as described in s. 448.03 (5) (d).
AB98, s. 2
8Section
2. 448.03 (5) (d) of the statutes is created to read:
AB98,2,99
448.03
(5) (d) 1. In this paragraph:
AB98,2,1610
a. "Antibiotic drug" means a drug approved by the federal food and drug
11administration for human use that has the capacity to inhibit or destroy
12microorganisms in dilute solution and that is composed wholly or partially of any
13kind of penicillin, streptomycin, chlortetracycline, chloramphenicol, bacitracin or
14other drug intended for human use that contains a chemical substance produced by
15a microorganism or that contains a chemically synthesized equivalent of the
16substance; or any derivative of the drug.
AB98,2,1817
b. "Sexual intercourse" means the genital contact by one person with the
18genitalia of another or cunnilingus, fellatio or anal intercourse between persons.
AB98,3,719
2. Notwithstanding the requirements of s. 448.30 and the requirement to
20provide the name and address of the patient in s. 450.11 (1), a physician who in good
21faith prescribes an antibiotic drug for treatment of a sexually transmitted disease to
1a patient for use by a person with whom the patient has sexual intercourse is immune
2from liability for any damage that results from any act or omission in prescribing the
3antibiotic drug. In any administrative or court proceeding, the good faith of a
4physician who prescribes such an antibiotic drug shall be presumed. This
5subdivision does not apply to the prescribing of a substance listed in the schedules
6in ss. 961.14, 961.16, 961.18, 961.20 and 961.22 or substances added by the controlled
7substances board acting under s. 961.11 (1).
AB98,3,109
(1)
This act takes effect on February 1, 1999, or on the day after publication,
10whichever is later.
