The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB675,1 1Section 1. 46.238 of the statutes is amended to read:
AB675,3,2 246.238 Infants and unborn children whose mothers abuse controlled
3substances
or, controlled substance analogs, or alcohol. If an agency, as
4defined in s. 48.981 (1) (ag), receives a report under s. 146.0255 (2) (a) 3. or (b) 3. or
5146.0257 (2)
and that agency is a county department under s. 46.22 or 46.23 or a
6licensed child welfare agency under contract with that county department, the
7agency shall offer to provide appropriate services and treatment to the child and the
8child's
infant and the infant's mother or to the unborn child, as defined in s. 48.02
9(19), and the expectant mother of the unborn child or the agency shall make
10arrangements for the provision of appropriate services and treatment. If an agency
11receives a report under s. 146.0255 (2) (a) 3. or (b) 3. or 146.0257 (2) and that agency
12is the department or a licensed child welfare agency under contract with the
13department, the agency shall refer the report to the county department under s.

151.42 or 51.437 and that county department shall offer to provide, or make
2arrangements for the provision of, those services and that treatment.
AB675,2 3Section 2. 146.0255 (title) of the statutes is amended to read:
AB675,3,5 4146.0255 (title) Testing infants and expectant mothers for controlled
5substances or controlled substance analogs.
AB675,3 6Section 3. 146.0255 (1) (a) of the statutes is renumbered 146.0255 (1) (ar).
AB675,4 7Section 4. 146.0255 (1) (ag) of the statutes is created to read:
AB675,3,88 146.0255 (1) (ag) "Agency" has the meaning given in s. 48.981 (1) (ag).
AB675,5 9Section 5. 146.0255 (1) (c) of the statutes is created to read:
AB675,3,1010 146.0255 (1) (c) "Unborn child" has the meaning given in s. 48.02 (19).
AB675,6 11Section 6. 146.0255 (2) of the statutes is renumbered 146.0255 (2) (a) 1. and
12amended to read:
AB675,4,213 146.0255 (2) (a) 1. Any If a hospital employee who provides health care, social
14worker, or intake worker under ch. 48 may refer an infant or an expectant mother
15of an unborn child, as defined in s. 48.02 (19), to a physician for testing of the bodily
16fluids of the infant or expectant mother for controlled substances or controlled
17substance analogs if the hospital employee who provides health care, social worker,
18or intake worker
suspects that the an infant or expectant mother has controlled
19substances or controlled substance analogs in the infant's bodily fluids of the infant
20or expectant mother
because of the use of controlled substances or controlled
21substance analogs by the mother while she was pregnant with the infant or by the
22expectant mother while she is pregnant with the unborn child. The physician may
23test the infant or expectant mother to ascertain whether or not the infant or
24expectant mother has controlled substances or controlled substance analogs in the
25bodily fluids of the infant or expectant mother, if the
, the hospital employee, social

1worker, or intake worker may refer the infant to a physician for testing of the bodily
2fluids of the infant for controlled substances or controlled substance analogs.
AB675,4,11 32. If a physician determines that there is a serious risk that there are controlled
4substances or controlled substance analogs in the bodily fluids of the an infant or
5expectant mother
because of the use of controlled substances or controlled substance
6analogs by the mother while she was pregnant with the infant or by the expectant
7mother while she is pregnant with the unborn child
and that the health of the infant,
8the unborn child or the child when born
may be adversely affected by the controlled
9substances or controlled substance analogs., the physician may test the infant to
10ascertain whether or not the infant has controlled substances or controlled substance
11analogs in the infant's bodily fluids.
AB675,4,18 123. If the results of the a test under subd. 2. indicate that the infant does have
13controlled substances or controlled substance analogs in the infant's bodily fluids,
14the physician shall report the occurrence of that condition in the infant to the agency,
15as defined in s. 48.981 (1) (ag),
that is responsible for conducting child abuse and
16neglect investigations under s. 48.981, and that agency shall offer to provide, or
17arrange or refer for the provision of, services and treatment for the child and the
18child's mother
infant and the infant's mother as provided under s. 46.238.
AB675,5,2 19(b) 3. If the results of the a test under subd. 2. test indicate that the expectant
20mother does have controlled substances or controlled substance analogs in the
21expectant mother's bodily fluids, the physician may report the occurrence of that
22condition in the expectant mother to the agency, as defined in s. 48.981 (1) (ag), that
23is responsible for conducting unborn child abuse investigations under s. 48.981, and
24that agency shall offer to provide, or arrange or refer for the provision of, services and
25treatment for the unborn child and expectant mother as provided under s. 46.238.

1Under this subsection paragraph, no physician may test an expectant mother
2without first receiving her informed consent to the testing.
AB675,7 3Section 7. 146.0255 (2) (a) (title) of the statutes is created to read:
AB675,5,44 146.0255 (2) (a) (title) Testing of infants.
AB675,8 5Section 8. 146.0255 (2) (b) of the statutes is created to read:
AB675,5,126 146.0255 (2) (b) Testing of expectant mothers. 1. If a hospital employee who
7provides health care, social worker, or intake worker under ch. 48 suspects that an
8expectant mother has controlled substances or controlled substance analogs in her
9bodily fluids because of the use of controlled substances or controlled substance
10analogs, the hospital employee, social worker, or intake worker may refer the
11expectant mother to a physician for testing of the bodily fluids of the expectant
12mother for controlled substances or controlled substance analogs.
AB675,5,2013 2. If a physician determines that there is a serious risk that there are controlled
14substances or controlled substance analogs in the bodily fluids of an expectant
15mother because of the use of controlled substances or controlled substance analogs
16by the expectant mother and that the health of the unborn child or the child when
17born may be adversely affected by the controlled substances or controlled substance
18analogs, the physician may test the expectant mother to ascertain whether or not the
19expectant mother has controlled substances or controlled substance analogs in her
20bodily fluids.
AB675,9 21Section 9. 146.0255 (3) (intro.) of the statutes is amended to read:
AB675,5,2422 146.0255 (3) Test results. (intro.) The A physician who performs a test under
23sub. (2) (a) 2. or (b) 2. shall provide the infant's parents or guardian or the expectant
24mother with all of the following information:
AB675,10 25Section 10. 146.0255 (3) (b) of the statutes is amended to read:
AB675,6,3
1146.0255 (3) (b) A statement of explanation that the test results of an infant
2must, and that the test results of an expectant mother may, be disclosed to an agency
3under sub. (2) (a) 3. or (b) 3. if the test results are positive.
AB675,11 4Section 11. 146.0257 of the statutes is created to read:
AB675,6,6 5146.0257 Evaluation of infants for fetal alcohol spectrum disorder. (1)
6Definition. In this section, "agency" has the meaning given in s. 48.981 (1) (ag).
AB675,6,18 7(2) Evaluation. If a hospital employee who provides health care, social worker,
8or intake worker under ch. 48 suspects that an infant has fetal alcohol spectrum
9disorder, the hospital employee, social worker, or intake worker shall refer the infant
10to a physician for an evaluation to diagnose whether the infant has that disorder.
11If a physician determines that there is a serious risk that an infant has fetal alcohol
12spectrum disorder, the physician shall evaluate the infant to diagnose whether the
13infant has that disorder. If a physician diagnoses that an infant has fetal alcohol
14spectrum disorder, the physician shall report that diagnosis to the agency that is
15responsible for conducting child abuse and neglect investigations under s. 48.981,
16and that that agency shall offer to provide, or arrange or refer for the provision of,
17services and treatment for the infant and the infant's mother as provided under s.
1846.238.
AB675,6,20 19(3) Diagnosis. A physician who performs an evaluation under sub. (2) shall
20provide the infant's parents or guardian with all of the following information:
AB675,6,2221 (a) An explanation concerning the evaluation that was performed, the date of
22that evaluation, and the diagnosis resulting from that evaluation.
AB675,6,2523 (b) An explanation that the results of the evaluation must be disclosed to an
24agency under sub. (2) if the evaluation indicates a diagnosis of fetal alcohol spectrum
25disorder.
AB675,7,2
1(4) Confidentiality. The results of an evaluation performed under sub. (2) may
2be disclosed as provided in sub. (3).
AB675,7,33 (End)
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