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LRB-4135/1
TJD:cjs
2019 - 2020 LEGISLATURE
February 7, 2020 - Introduced by Representatives Hintz, Vorpagel, Anderson,
Billings, Brostoff, Fields, Kolste, Neubauer, Ohnstad, Sinicki, Spreitzer,
Stubbs, Subeck and Zamarripa, cosponsored by Senators Miller and Risser.
Referred to Committee on Constitution and Ethics.
AB863,1,2 1An Act to amend 46.03 (18) (b); and to create 252.043 of the statutes; relating
2to:
vaccination of minors without parental consent.
Analysis by the Legislative Reference Bureau
This bill requires a physician or other health care provider who is authorized
to administer a vaccination to administer a medically-appropriate vaccine to a
minor who is 16 years of age or older and who requests to be vaccinated, regardless
of whether or not a parent or guardian consents to the vaccination of the minor. If
a parent or guardian is refusing to provide consent to the vaccination, the physician
or other health care provider shall obtain the minor's consent before billing a third
party for the services. If the minor does not consent to billing a third party, the minor
shall be responsible for paying for the services, which the Department of Health
Services shall bill to the minor.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB863,1 3Section 1. 46.03 (18) (b) of the statutes is amended to read:
AB863,2,84 46.03 (18) (b) Except as provided in s. 46.10 (14) (b) and (c), any person
5receiving services provided or purchased under par. (a) or the spouse of the person
6and, in the case of a minor, the parents of the person, and, in the case of a foreign child

1described in s. 48.839 (1) who became dependent on public funds for his or her
2primary support before an order granting his or her adoption, the resident of this
3state appointed guardian of the child by a foreign court who brought the child into
4this state for the purpose of adoption, shall be liable for the services in the amount
5of the fee established under par. (a). If a minor receives services without consent of
6a parent or guardian under s. 51.138 or, 51.47, or 252.043, the department or, if
7applicable, the county department shall base the fee solely on the minor's ability to
8pay.
AB863,2 9Section 2. 252.043 of the statutes is created to read:
AB863,2,14 10252.043 Vaccination of a minor without parental consent. (1) A
11physician or other health care provider who is authorized to administer a vaccination
12shall administer a medically-appropriate vaccine to a minor who is 16 years of age
13or older and who requests to be vaccinated, regardless of whether or not a parent or
14guardian consents to the vaccination of the minor.
AB863,2,19 15(2) For a vaccination administered under this section when a parent or
16guardian refuses to provide consent, the physician or other health care provider shall
17obtain the minor's consent before billing a 3rd party for the services. If the minor
18does not consent to billing a 3rd party, the minor shall be responsible for paying for
19the services, which the department shall bill to the minor under s. 46.03 (18) (b).
AB863,2,2020 (End)
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