LRB-4919/1
SWB:ahe
2019 - 2020 LEGISLATURE
March 26, 2020 - Introduced by Representatives C. Taylor, Emerson, Neubauer,
Sargent, Spreitzer, Anderson, Sinicki, Hintz, Subeck, Considine, Ohnstad,
Zamarripa and Crowley, cosponsored by Senators Erpenbach, Johnson,
Wirch, Smith, Ringhand, L. Taylor, Larson, Shilling, Risser, Bewley and
Miller. Referred to Committee on Rules.
AB1028,1,2 1An Act to create 146.893 of the statutes; relating to: medically accurate
2information.
Analysis by the Legislative Reference Bureau
This bill creates a right and obligation for a health care provider to provide
medically accurate information to patients to whom the health care provider
provides medical care. The bill also creates a right for a patient to receive medically
accurate information from a health care provider. The bill prohibits any person,
including the state or any subdivision of the state, from interfering with or otherwise
diminishing the rights described under the bill related to medically accurate
information and from requiring in a procedure or treatment form information that
is not medically accurate. The bill further prohibits employment retribution based
upon a health care provider's exercise of the rights and obligations relating to the
provision of medically accurate information.
Under the bill, a patient or health care provider may file a civil action for a
violation related to the patient's right to accurate medical information. The bill
allows the person to seek, in addition to injunctive relief and punitive damages,
compensatory damages that reflect his or her actual damages or statutory damages
of $5,000 per violation.
A statutory damages option of $20,000 per violation is available to a health care
provider who files a civil action after experiencing employment retribution for his or
her provision of medical care, after being prevented from providing medically

accurate information to a patient, or after being required to provide medically
inaccurate information to patient.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1028,1 1Section 1. 146.893 of the statutes is created to read:
AB1028,2,3 2146.893 Patient rights to medically accurate information. (1)
3Definitions. In this section:
AB1028,2,44 (a) “Health care provider” has the meaning given in s. 146.81 (1).
AB1028,2,105 (b) “Leading professional medical organization” means an entity widely
6regarded as the leading organization or association within its field serving a single
7profession, or a specialty within a single profession, that possesses a primary
8standing in that profession and requires of its members a significant amount of
9education, training, or experience, or a license or certificate from a state or
10authorized private authority to practice the profession or specialty.
AB1028,3,311 (c) “Medically accurate information" means information relevant to informed
12decision making verified or supported by the weight of peer-reviewed medical
13research conducted in compliance with accepted scientific methods; recognized as
14medically sound and objective by leading professional medical organizations with
15relevant expertise, such as the American Medical Association, the American
16Congress of Obstetricians and Gynecologists, the American Public Health
17Association, the American Psychological Association, the American Academy of
18Pediatrics, the American College of Physicians, and the American Academy of
19Family Physicians, or by government agencies such as the Centers for Disease
20Control and Prevention, the Food and Drug Administration, the National Cancer
21Institute, and the National Institutes of Health, or by scientific advisory groups

1including the Institute of Medicine and the Advisory Committee on Immunization
2Practices; or recommended by or affirmed in the medical practice guidelines of a
3nationally recognized accrediting organization.
AB1028,3,44 (d) “Patient” has the meaning given in s. 146.81 (3).
AB1028,3,95 (e) “Procedure or treatment form” means any information a patient receives
6relating to giving consent to a procedure or treatment the patient may elect to
7proceed with, whether in a brochure, a notice, a posting, an agreement, or other
8document, provided in writing, electronically, or by video, without regard to whether
9or not the communication requires a signature.
AB1028,3,1410 (f) “Scientific advisory group” means, in the context of providing medically
11accurate information to patients, a group that is recognized as an authoritative
12scientific source by the medical profession and is comprised of knowledgeable,
13prominent, and credible members in their field of expertise and that offers opinions
14on health matters.
AB1028,3,18 15(2) Rights and obligations. (a) A patient has the right to receive medically
16accurate information from a health care provider providing medical care, including
17medical investigation, examination, diagnosis, stabilization, consultation,
18treatment, procedure, and referral.
AB1028,3,2119 (b) A health care provider has the right and obligation to provide medically
20accurate information to patients to whom the health care provider provides medical
21care and to make referrals for patients to other licensed health care providers.
AB1028,3,2522 (c) No person, including the state or any political subdivision of the state, may
23interfere with or otherwise diminish the rights and obligations specified in par. (a)
24or (b) or require in a procedure or treatment form information that is not medically
25accurate.
AB1028,4,4
1(d) Employment retribution by any person against a health care provider based
2on the health care provider's exercise of the rights and obligations specified in pars.
3(a) and (b), or the health care provider's provision of medical care to a patient based
4on such rights and obligations, is prohibited.
AB1028,4,75 (e) Any person, including this state or any political subdivision or
6instrumentality of this state, who violates this section shall be subject to the
7remedies under sub. (3).
AB1028,4,108 (f) Nothing in this section may be construed to alter existing professional
9standards of care or abrogate the duty of a licensed health care provider to meet the
10applicable standard of care.
AB1028,4,13 11(3) Remedies. (a) 1. A patient or health care provider claiming a violation of
12the right and obligations specified in sub. (2) and any associated claims under
13common law may commence a civil action for relief under subd. 2.
AB1028,4,1814 2. In any action under subd. 1., the court may award appropriate relief,
15including temporary, preliminary, or permanent injunctive relief, and compensatory
16and punitive damages. With respect to compensatory damages, the plaintiff may
17elect, at any time prior to the rendering of final judgment, to recover an award of
18statutory damages in the amount of $5,000 per violation in lieu of actual damages.
AB1028,4,2019 (b) 1. A health care provider claiming a violation of sub. (2) (d) may commence
20a civil action for relief under subd. 2.
AB1028,5,221 2. In any action under subd. 1., the court may award appropriate relief,
22including temporary, preliminary, or permanent injunctive relief; back pay or
23reinstatement or other privileges; and compensatory and punitive damages. With
24respect to compensatory damages, the plaintiff may elect, at any time before the

1rendering of final judgment, to recover an award of statutory damages in the amount
2of $20,000 per violation, in lieu of actual damages.
AB1028,5,33 (End)
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