LRB-2377/1
DAK:wlj:rs
2005 - 2006 LEGISLATURE
April 12, 2005 - Introduced by Senators Robson, Risser, Carpenter, Coggs,
Erpenbach, Hansen, Lassa, Miller, Plale
and Wirch, cosponsored by
Representatives Pocan, Benedict, Berceau, Black, Boyle, Grigsby, Kessler,
Lehman, Parisi, Pope-Roberts, Richards, Seidel, Sheridan, Sherman,
Shilling, Sinicki, Toles, Turner, Vruwink, Wasserman
and Zepnick. Referred
to Health, Children, Families, Aging and Long Term Care.
SB166,1,4 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, with consent, information and emergency contraception
4and 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 and has obtained the
victim's consent: 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; and 3) provide
emergency contraception to her immediately if she requests it. "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:
SB166, s. 1 1Section 1. 50.375 of the statutes is created to read:
SB166,2,3 250.375 Emergency contraception for sexual assault victims. (1) In this
3section:
SB166,2,94 (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.
SB166,2,1010 (b) "Sexual assault" means a violation of s. 940.225 (1), (2), or (3).
SB166,2,1311 (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.
SB166,2,15 14(2) A hospital that provides emergency services to a victim shall, after
15obtaining the consent of the victim, do all of the following:
SB166,2,1716 (a) Provide to the victim medically and factually accurate and unbiased written
17and oral information about emergency contraception and its use and efficacy.
SB166,3,2
1(b) Orally inform the victim of her option to receive emergency contraception
2at the hospital.
SB166,3,53 (c) Except as specified in sub. (4), provide emergency contraception, in
4accordance with instructions approved by the federal food and drug administration,
5immediately at the hospital to the victim if she requests it.
SB166,3,8 6(3) A hospital that provides emergency care shall ensure that each hospital
7employee who provides care to a victim has available medically and factually
8accurate and unbiased information about emergency contraception.
SB166,3,10 9(4) No hospital may be required to provide emergency contraception to a victim
10who is pregnant, as indicated by a test for pregnancy.
SB166,3,14 11(5) The department shall respond to any complaint received by the department
12concerning noncompliance by a hospital with the requirements of subs. (2) and (3)
13and shall periodically review hospital procedures to determine whether a hospital
14is in compliance with the requirements.
SB166, s. 2 15Section 2. 50.38 (1) of the statutes is renumbered 50.38 (1) (a).
SB166, s. 3 16Section 3. 50.38 (1) (b) of the statutes is created to read:
SB166,3,1817 50.38 (1) (b) Whoever violates a requirement under s. 50.375 (2) or (3) may be
18required to forfeit not less than $2,500 nor more than $5,000 for each violation.
SB166, s. 4 19Section 4. 50.38 (2) of the statutes is amended to read:
SB166,4,220 50.38 (2) The department may directly assess forfeitures provided for under
21sub. (1) (a) or (b). If the department determines that a forfeiture should be assessed
22for a particular violation, the department shall send a notice of assessment to the
23hospital. The notice shall specify the amount of the forfeiture assessed, the violation

1and the statute or rule alleged to have been violated, and shall inform the hospital
2of the right to a hearing under sub. (3).
SB166,4,33 (End)
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