LRB-1387/4
DAK:wlj:sh
2007 - 2008 LEGISLATURE
May 31, 2007 - Introduced by Representatives Musser, Pocan, Wood, Kaufert,
Richards, Hilgenberg, Hintz, Molepske, Wasserman, Kreuser, Hebl,
Soletski, Toles, Benedict, Berceau, Black, Boyle, Grigsby, Hraychuck,
Kessler, Parisi, Pope-Roberts, Seidel, Sheridan, Sherman, Shilling, Sinicki,
Smith, Travis, Turner, Vruwink, Young
and Zepnick, cosponsored by Senators
Robson, Taylor, Miller, Plale, Risser, Erpenbach, Lehman, Wirch, Hansen,
Jauch, Carpenter, Kreitlow, Coggs, Lassa
and Sullivan. Referred to
Committee on Judiciary and Ethics.
AB377,1,4 1An Act to renumber 50.38 (1); to amend 50.38 (2); and to create 50.375 and
250.38 (1) (b) of the statutes; relating to: requiring a hospital to provide to a
3sexual assault victim information and, upon her request, emergency
4contraception and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Health and Family Services (DHFS)
issues certificates of approval to hospitals that meet DHFS requirements and
otherwise regulates approved hospitals.
This bill requires a hospital to do all of the following if it provides emergency
services to a victim, as defined in the bill, of sexual assault: 1) provide her with
medically and factually accurate and unbiased written and oral information about
emergency contraception and its use and efficacy; 2) orally inform her of her option
to receive emergency contraception, her option to report the sexual assault to a law
enforcement agency, and any available options for her to receive an examination to
gather evidence regarding the sexual assault; and 3) immediately provide
emergency contraception to her upon her request. If the medication is taken in more
than one dosage, the hospital shall provide all subsequent dosages to the victim for
later self administration. "Emergency contraception" is defined in the bill to be 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. The definition of "emergency
contraception" specifically excludes a drug, medicine, oral hormonal compound,

mixture, preparation, instrument, article, or device of any nature that is prescribed
to terminate the pregnancy of a woman. No hospital must provide emergency
contraception to a victim who is pregnant, as indicated by a test for pregnancy.
The bill also requires a hospital that provides emergency care to ensure that
each hospital employee who provides care to a victim of sexual assault has available
medically and factually accurate and unbiased information about emergency
contraception. DHFS must respond to complaints about violations of these
requirements and must periodically review procedures of hospitals to determine
whether they are in compliance. Violators of the requirements are subject to
forfeitures.
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:
AB377, s. 1 1Section 1. 50.375 of the statutes is created to read:
AB377,2,3 250.375 Emergency contraception for sexual assault victims. (1) In this
3section:
AB377,2,94 (a) "Emergency contraception" means a drug, medicine, oral hormonal
5compound, mixture, preparation, instrument, article, or device that is approved by
6the federal food and drug administration and that prevents a pregnancy after sexual
7intercourse. "Emergency contraception" does not include a drug, medicine, oral
8hormonal compound, mixture, preparation, instrument, article, or device of any
9nature that is prescribed to terminate the pregnancy of a female.
AB377,2,1010 (b) "Sexual assault" means a violation of s. 940.225 (1), (2), or (3).
AB377,2,1311 (c) "Victim" means a female who alleges or for whom it is alleged that she
12suffered sexual assault and who, as a result of the sexual assault, presents as a
13patient at a hospital that provides emergency services.
AB377,2,15 14(2) A hospital that provides emergency services to a victim shall do all of the
15following:
AB377,3,2
1(a) Provide to the victim medically and factually accurate and unbiased written
2and oral information about emergency contraception and its use and efficacy.
AB377,3,33 (b) Orally inform the victim of all of the following:
AB377,3,44 1. Her option to receive emergency contraception at the hospital.
AB377,3,55 2. Her option to report the sexual assault to a law enforcement agency.
AB377,3,76 3. Any available options for her to receive an examination to gather evidence
7regarding the sexual assault.
AB377,3,128 (c) Except as specified in sub. (4), immediately provide to the victim upon her
9request emergency contraception, in accordance with instructions approved by the
10federal food and drug administration. If the medication is taken in more than one
11dosage, the hospital shall provide all subsequent dosages to the victim for later self
12administration.
AB377,3,15 13(3) A hospital that provides emergency care shall ensure that each hospital
14employee who provides care to a victim has available medically and factually
15accurate and unbiased information about emergency contraception.
AB377,3,17 16(4) No hospital may be required to provide emergency contraception to a victim
17who is pregnant, as indicated by a test for pregnancy.
AB377,3,21 18(5) The department shall respond to any complaint received by the department
19concerning noncompliance by a hospital with the requirements of subs. (2) and (3)
20and shall periodically review hospital procedures to determine whether a hospital
21is in compliance with the requirements.
AB377, s. 2 22Section 2. 50.38 (1) of the statutes is renumbered 50.38 (1) (a).
AB377, s. 3 23Section 3. 50.38 (1) (b) of the statutes is created to read:
AB377,3,2524 50.38 (1) (b) Whoever violates a requirement under s. 50.375 (2) or (3) may be
25required to forfeit not less than $2,500 nor more than $5,000 for each violation.
AB377, s. 4
1Section 4. 50.38 (2) of the statutes is amended to read:
AB377,4,72 50.38 (2) The department may directly assess forfeitures provided for under
3sub. (1) (a) or (b). If the department determines that a forfeiture should be assessed
4for a particular violation, the department shall send a notice of assessment to the
5hospital. The notice shall specify the amount of the forfeiture assessed, the violation
6and the statute or rule alleged to have been violated, and shall inform the hospital
7of the right to a hearing under sub. (3).
AB377,4,88 (End)
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