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Bills · 2013-2014 Regular Session

AB 139

Became law Official bill text Atom feed

Relating to: the duty of physicians to inform patients of treatment options. (FE)

Physician

  1. Introduced, completed
  2. Passes Assembly, completed
  3. Passes Senate, completed
  4. Governor signs, completed
  5. Law, completed

Unfamiliar terms? Glossary

What this bill does

Plain-language analysis by the nonpartisan 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.

What it would cost

Fiscal estimates filed by state agencies, as official PDFs

Sponsors

Introduced by: A. Ott (R) , Ballweg (R) , Bies (R) , Brooks (R) , Czaja (R) , Endsley (R) , J. Ott (R) , Jacque (R) , Kestell (R) , LeMahieu (R) , Marklein (R) , Murphy (R) , Nygren (R) , Severson (R) , Stone (R) , Strachota (R) , Stroebel (R) , T. Larson (R)

11 cosponsors

Cowles (R) , Craig (R) , Darling (R) , Farrow (R) , Grothman (R) , Lasee (R) , Moulton (R) , Olsen (R) , Schultz (R) , Tiffany (R) , Vukmir (R)

Votes

Assembly: Report passage recommended by Committee on Judiciary, Ayes 6, Noes 2

Passed 6–2 May 1, 2013 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Assembly Substitute Amendment 2 laid on table, Ayes 58, Noes 38

Passed 58–38 May 8, 2013 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Assembly Substitute Amendment 3 laid on table, Ayes 58, Noes 38

Passed 58–38 May 8, 2013 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Read a third time and passed, Ayes 65, Noes 31

Passed 65–31 May 8, 2013 official source full page

Aye · 65

Not voting · 3

Senate: Report adoption of Senate Amendment 1 recommended by Committee on Judiciary and Labor, Ayes 5, Noes 0

Passed 5–0 Oct 10, 2013 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Report concurrence as amended recommended by Committee on Judiciary and Labor, Ayes 3, Noes 2

Passed 3–2 Oct 10, 2013 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Public hearing requirement waived by committee on Senate Organization, pursuant to Senate Rule 18 (1m), Ayes 5, Noes 0

Passed 5–0 Oct 14, 2013 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Full history

  1. Apr 5, 2013 · Assembly

    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

  2. Apr 5, 2013 · Assembly

    Read first time and referred to Committee on Judiciary

  3. Apr 9, 2013 · Assembly

    Senator Schultz added as a cosponsor

  4. Apr 10, 2013 · Assembly

    Fiscal estimate received

  5. Apr 11, 2013 · Assembly

    Public hearing held

  6. Apr 16, 2013 · Assembly

    Representative Craig added as a coauthor

  7. Apr 23, 2013 · Assembly

    Assembly Substitute Amendment 1 offered by Representative Wachs

  8. Apr 25, 2013 · Assembly

    Executive action taken

  9. May 1, 2013 · Assembly

    Report passage recommended by Committee on Judiciary, Ayes 6, Noes 2

  10. May 1, 2013 · Assembly

    Referred to Committee on Rules

  11. May 2, 2013 · Assembly

    Placed on calendar 5-8-2013 by Committee on Rules

  12. May 7, 2013 · Assembly

    Assembly Amendment 1 offered by Representative J. Ott

  13. May 7, 2013 · Assembly

    Assembly Amendment 2 offered by Representative Wachs

  14. May 7, 2013 · Assembly

    Assembly Substitute Amendment 2 offered by Representatives Goyke, Hebl, Wachs, Genrich, C. Taylor, Bewley and Sargent

  15. May 7, 2013 · Assembly

    Made a special order of business at 1:03 PM on 5-8-2013 pursuant to Assembly Resolution 9

  16. May 8, 2013 · Assembly

    Assembly Substitute Amendment 3 offered by Representatives Hebl, Wachs, Sargent and Barca

  17. May 8, 2013 · Assembly

    Read a second time

  18. May 8, 2013 · Assembly

    Assembly Substitute Amendment 2 placed after Assembly Substitute Amendment 3

  19. May 8, 2013 · Assembly

    Assembly Substitute Amendment 2 laid on table, Ayes 58, Noes 38

  20. May 8, 2013 · Assembly

    Assembly Substitute Amendment 3 laid on table, Ayes 58, Noes 38

  21. May 8, 2013 · Assembly

    Assembly Amendment 1 adopted

  22. May 8, 2013 · Assembly

    Assembly Amendment 2 withdrawn and returned to author

  23. May 8, 2013 · Assembly

    Ordered to a third reading

  24. May 8, 2013 · Assembly

    Rules suspended

  25. May 8, 2013 · Assembly

    Read a third time and passed, Ayes 65, Noes 31

  26. May 8, 2013 · Assembly

    Ordered immediately messaged

  27. May 9, 2013 · Senate

    Received from Assembly

  28. May 10, 2013 · Senate

    Read first time and referred to committee on Judiciary and Labor

  29. Oct 8, 2013 · Senate

    Senate Amendment 1 offered by Senator Grothman

  30. Oct 9, 2013 · Senate

    Executive action taken

  31. Oct 10, 2013 · Senate

    Report adoption of Senate Amendment 1 recommended by Committee on Judiciary and Labor, Ayes 5, Noes 0

  32. Oct 10, 2013 · Senate

    Report concurrence as amended recommended by Committee on Judiciary and Labor, Ayes 3, Noes 2

  33. Oct 10, 2013 · Senate

    Available for scheduling

  34. Oct 14, 2013 · Senate

    Public hearing requirement waived by committee on Senate Organization, pursuant to Senate Rule 18 (1m), Ayes 5, Noes 0

  35. Oct 14, 2013 · Senate

    Placed on calendar 10-15-2013 pursuant to Senate Rule 18(1)

  36. Oct 15, 2013 · Senate

    Read a second time

  37. Oct 15, 2013 · Senate

    Senate Amendment 1 adopted

  38. Oct 15, 2013 · Senate

    Ordered to a third reading

  39. Oct 15, 2013 · Senate

    Rules suspended

  40. Oct 15, 2013 · Senate

    Read a third time and concurred in as amended

  41. Oct 15, 2013 · Senate

    Ordered immediately messaged

  42. Oct 16, 2013 · Assembly

    Received from Senate amended and concurred in as amended (Senate amendment 1 adopted)

  43. Oct 22, 2013 · Assembly

    Referred to committee on Rules

  44. Oct 31, 2013 · Assembly

    Placed on calendar 11-5-2013 by Committee on Rules

  45. Nov 5, 2013 · Assembly

    Senate Amendment 1 concurred in

  46. Nov 5, 2013 · Assembly

    Action ordered immediately messaged

  47. Nov 7, 2013 · Assembly

    Report correctly enrolled on 11-7-2013

  48. Dec 12, 2013 · Assembly

    Presented to the Governor on 12-12-2013

  49. Dec 13, 2013 · Assembly

    Report approved by the Governor on 12-13-2013. 2013 Wisconsin Act 111

  50. Dec 13, 2013 · Assembly

    Published 12-14-2013