AB795: Bill Text

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

AB795, s. 1 Section 1. 50.375 of the statutes is created to read:

AB795,3,3 50.375 Emergency contraception for sexual assault victims. (1) In this section:

AB795,3,9 (a) "Emergency contraception" means a drug, medicine, oral hormonal compound, mixture, preparation, instrument, article, or device that is approved by the federal food and drug administration and that prevents a pregnancy after sexual intercourse. "Emergency contraception" does not include a drug, medicine, oral hormonal compound, mixture, preparation, instrument, article, or device of any nature that is prescribed to terminate the pregnancy of a female.

AB795,3,10 (b) "Sexual assault" means a violation of s. 940.225 (1), (2), or (3).

AB795,3,13 (c) "Victim" means a female who alleges or for whom it is alleged that she suffered sexual assault and who, as a result of the sexual assault, presents as a patient at a hospital that provides emergency services.

AB795,3,15 (2) A hospital that provides emergency services to a victim shall, after obtaining the consent of the victim, do all of the following:

AB795,4,2 (a) Provide to the victim medically and factually accurate and unbiased written and oral information about emergency contraception and its use and efficacy.

AB795,4,4 (b) Orally inform the victim of her option to receive emergency contraception at the hospital.

AB795,4,7 (c) Except as specified in sub. (4), provide emergency contraception, in accordance with instructions approved by the federal food and drug administration, immediately at the hospital to the victim if she requests it.

AB795,4,10 (3) A hospital that provides emergency care shall ensure that each hospital employee who provides care to a victim has available medically and factually accurate and unbiased information about emergency contraception.

AB795,4,12 (4) No hospital may be required to provide emergency contraception to a victim who is pregnant, as indicated by a test for pregnancy.

AB795,4,16 (5) The department shall respond to any complaint received by the department concerning noncompliance by a hospital with the requirements of subs. (2) and (3) and shall periodically review hospital procedures to determine whether a hospital is in compliance with the requirements.

AB795, s. 2 Section 2. 50.38 (1) of the statutes is renumbered 50.38 (1) (a).

AB795, s. 3 Section 3. 50.38 (1) (b) of the statutes is created to read:

AB795,4,20 50.38 (1) (b) Whoever violates a requirement under s. 50.375 (2) or (3) may be required to forfeit not less than $2,500 nor more than $5,000 for each violation.

AB795, s. 4 Section 4. 50.38 (2) of the statutes is amended to read:

AB795,5,2 50.38 (2) The department may directly assess forfeitures provided for under sub. (1) (a) or (b). If the department determines that a forfeiture should be assessed for a particular violation, the department shall send a notice of assessment to the hospital. The notice shall specify the amount of the forfeiture assessed, the violation and the statute or rule alleged to have been violated, and shall inform the hospital of the right to a hearing under sub. (3).

AB795, s. 5 Section 5. 118.019 (2) of the statutes is repealed and recreated to read:

AB795,5,8 118.019 (2) Subjects. A school board may provide an instructional program in human growth and development in grades kindergarten to 12. If provided, the program shall offer scientifically based information and instruction appropriate to each grade level and the age and level of maturity of the pupils. If offered, the program shall include instruction in all of the following areas:

AB795,5,10 (a) Self-esteem, responsible decision making and personal responsibility related to relationships and sexual behavior.

AB795,5,11 (b) Communication with parents or guardians about human sexuality.

AB795,5,13 (c) Sexual anatomy and physiology, and the stages, patterns, and responsibilities associated with growth and development.

AB795,5,15 (d) Recognition of unwanted physical and verbal sexual advances and the rejection of unwanted sexual advances.

AB795,5,16 (e) Sexual stereotypes and protective behavior.

AB795,5,18 (f) Information about counseling and medical and legal resources available to survivors of sexual assault.

AB795,5,25 (g) Beginning in grade 7, marriage and parental responsibilities; prenatal development; childbirth; adoption; the social, psychological, and health benefits of abstaining from sexual activity, including the prevention of pregnancy and sexually transmitted diseases; and how sexually transmitted diseases are transmitted and the effectiveness and safety of all federal food and drug administration methods of reducing the risk of unintended pregnancy and contracting sexually transmitted diseases.

AB795, s. 6 Section 6. 118.019 (2m) of the statutes is repealed.

AB795, s. 7 Section 7. 118.019 (3) of the statutes is amended to read:

AB795,6,17 118.019 (3) (title) Distribution of curriculum to parents; notice. Each school board that provides an instructional program in human growth and development shall annually provide the parents of each pupil enrolled in the school district with an outline of the human growth and development curriculum used in the pupil's grade level and information regarding how the parent may inspect the complete curriculum and instructional materials. The school board shall make the complete human growth and development curriculum and all instructional materials available upon request for inspection at any time, including prior to their use in the classroom. If a school board elects not to provide an instructional program in human growth and development, by September 30 of each school year, it shall send a notice to the parent or guardian of each pupil that includes a statement that the school board is permitted to provide instruction in human growth and development in kindergarten to grade 12, the required subjects of the instruction under sub. (2), and a statement that the school board is not providing human growth and development instruction to its pupils.

AB795, s. 8 Section 8. 118.019 (6) of the statutes is created to read:

AB795,6,21 118.019 (6) Notice about abstinence only education. (a) In this subsection, "abstinence only education" has the meaning given for "abstinence education" in 42 USC 710 (b) (2).

AB795,6,25 (b) Each school board that receives federal funding to provide a program of abstinence only education or that elects to provide such a program, shall, at the beginning of each school year, send a written notice to each pupil's parent or guardian that contains all of the following statements:

AB795,7,1 1. The pupil is receiving abstinence only education.

AB795,7,4 2. Abstinence only education does not teach pupils how to prevent pregnancy and sexually transmitted infections, such as human immunodeficiency virus and acquired immunodeficiency syndrome, other than by remaining abstinent.

AB795,7,6 3. At the written request of the parent or guardian under sub. (4), the school board shall excuse the pupil from instruction in abstinence only education.

AB795,7,8 (c) A pupil excused under par. (b) 3. is not subject to discipline or academic penalty.

AB795, s. 9 Section 9. 450.09 (2m) of the statutes is created to read:

AB795,7,12 450.09 (2m) Patients' rights. Every pharmacist has a duty to administer, distribute, and dispense all federal-food-and-drug-administration-approved contraceptives, unless contraindicated for a particular patient.

AB795, s. 10 Section 10. Effective dates. This act takes effect on the day after publication, except as follows:

AB795,7,16 (1) The treatment of section 118.019 (2), (2m), (3), and (6) of the statutes takes effect on September 1, 2006.

AB795,7,17 (End)