LRB-2058/2
MED:sac:rs
2013 - 2014 LEGISLATURE
April 5, 2013 - Introduced by Representatives J. Ott,
Severson, Czaja, Jacque,
Brooks, Strachota, Marklein, A. Ott, Kestell, Murphy, Stroebel, Nygren,
Bies, Ballweg, Stone, T. Larson, Endsley and LeMahieu, cosponsored by
Senators Grothman, Vukmir, Farrow, Cowles, Tiffany, Olsen, Darling,
Moulton and Lasee. Referred to Committee on Judiciary.
AB139,1,3
1An Act to repeal 448.30 (1);
to amend 448.30 (intro.); and
to create 448.30 (7)
2of the statutes;
relating to: the duty of physicians to inform patients of
3treatment options.
Analysis by the Legislative Reference Bureau
Under Wisconsin's physician informed consent law, a physician who treats a
patient has a duty to inform the patient about the availability of all alternate, viable
medical modes of treatment and the benefits and risks of those treatments, subject
to certain exceptions. A physician who fails to so inform a patient about modes of
treatment may be held civilly liable for damages under tort law. The Wisconsin
Supreme Court has employed a "reasonable patient standard" to determine whether
a physician has fulfilled his or her duty. Under the reasonable patient standard, a
physician must disclose information necessary for a reasonable person in the
patient's position to make an intelligent decision with respect to the choices of
treatment. The Wisconsin Supreme Court has also held that the duty to inform a
patient about alternate modes of treating the patient's condition includes the duty
to inform a patient about alternate modes of diagnosing the patient's condition.
This bill instead provides that any physician who treats a patient has a duty
to inform the patient about the availability of reasonable alternate medical modes
of treatment and the benefits and risks of those treatments, and provides that the
"reasonable physician standard" is the standard for informing a patient under the
physician informed consent law. The bill provides that the reasonable physician
standard requires the disclosure only of information that a reasonable physician in
the same or a similar medical specialty would know and disclose under the
circumstances. The bill also provides that the physician's duty does not require the
disclosure of information about alternate medical modes of treatment for conditions
that the physician does not believe the patient has at the time the physician informs
the patient.
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:
AB139,1
1Section
1. 448.30 (intro.) of the statutes is amended to read:
AB139,2,10
2448.30 Information on alternate modes of treatment Informed
3consent. (intro.) Any physician who treats a patient shall inform the patient about
4the availability of
all reasonable alternate
, viable medical modes of treatment and
5about the benefits and risks of these treatments.
The reasonable physician standard
6is the standard for informing a patient under this section. The reasonable physician
7standard requires disclosure only of information that a reasonable physician in the
8same or a similar medical specialty would know and disclose under the
9circumstances. The physician's duty to inform the patient under this section does not
10require disclosure of:
AB139,2
11Section
2. 448.30 (1) of the statutes is repealed.
AB139,3
12Section
3. 448.30 (7) of the statutes is created to read:
AB139,2,1513
448.30
(7) Information about alternate medical modes of treatment for
14conditions that the physician does not believe the patient has at the time the
15physician informs the patient.
AB139,4
16Section
4.
Initial applicability.
AB139,3,2
1(1)
This act first applies to a cause of action that accrues on the effective date
2of this subsection.
