2021 - 2022 LEGISLATURE
LRB-1888/1
JPC:amn&wlj
2021 ASSEMBLY BILL 128
March 5, 2021 - Introduced by Representatives CABRAL-GUEVARA, BRANDTJEN,
ALLEN, BOWEN, CABRERA, KERKMAN, MOSES, MURPHY, J. RODRIGUEZ,
SHANKLAND, SKOWRONSKI, SNYDER, SORTWELL, SUBECK, TITTL, VORPAGEL,
WICHGERS, ROZAR, BROOKS, STUBBS and SPREITZER, cosponsored by Senators
JACQUE, L. TAYLOR, CARPENTER, BALLWEG, LARSON, NASS and ROYS. Referred to
Committee on Health.
1 AN ACT to create 50.373 of the statutes; relating to: requiring informed consent
2 before performing a pelvic exam on a patient who is under general anesthesia
3 or unconscious.
Analysis by the Legislative Reference Bureau
This bill requires hospitals to have and enforce a policy requiring written and
verbal informed consent to be obtained from a patient before a medical student, a
nursing student, any person providing nursing care, or any other person authorized
to perform pelvic examinations may perform a pelvic examination on a patient who
is under general anesthesia or otherwise unconscious. Under the bill, every hospital
must also inform medical students, nursing students, persons providing nursing
care, other persons authorized to perform pelvic examinations, and physicians
supervising any of these individuals of the informed consent policy and must take
appropriate action to discipline any individual who violates the policy or instructs
a medical student, a nursing student, or a person providing nursing care to conduct
an examination in violation of the policy.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
4 SECTION 1. 50.373 of the statutes is created to read:
 2021 - 2022 Legislature -2- LRB-1888/1
JPC:amn&wlj
ASSEMBLY BILL 128 SECTION 1
1 50.373 (1) In this section, “nursing care” includes professional nursing, as
2 defined in s. 441.001 (4), and practical nursing, as defined in s. 441.001 (3).
3 (2) Every hospital shall have and enforce a policy that requires written and
4 verbal informed consent to be obtained from a patient before a medical student, a
5 nursing student, any person providing nursing care, or any other person authorized
6 to perform pelvic examinations may perform a pelvic examination on a patient who
7 is under general anesthesia or otherwise unconscious.
8 (3) Every hospital shall inform medical students, nursing students, persons
9 providing nursing care, any other person authorized to perform pelvic examinations,
10 and physicians supervising any of these individuals of the policy required under this
11 section and shall take appropriate action to discipline any individual who violates
12 the policy or instructs a medical student, a nursing student, any person providing
13 nursing care, or any other person authorized to perform pelvic examinations to
14 conduct an examination in violation of the policy.
15 (END)