2021 - 2022 LEGISLATURE
February 17, 2022 - Introduced by Representatives Sortwell, Murphy, Behnke,
Cabral-Guevara, Moses, Rozar, Wichgers, Thiesfeldt, Brandtjen, Brooks,
Horlacher, James and Schraa, cosponsored by Senators Stroebel and Nass.
Referred to Committee on Health.
AB1058,1,4
1An Act to create 146.50 and 440.208 of the statutes;
relating to: prohibiting
2discrimination or retaliation against health care providers by health care
3entities and credentialing boards for ordering or discussing innovative or novel
4therapies.
Analysis by the Legislative Reference Bureau
This bill prevents health care entities and credentialing boards from
discriminating or retaliating against health care providers for ordering innovative
therapies or novel therapies if certain conditions are met, including: 1) the health
care provider orders the therapy based on his or her assessment of the patient and
any available clinical data supporting the therapy; 2) the patient requests the
innovative therapy or novel therapy; and 3) the ordered therapy, if the therapy is a
drug, device, or biological product, is either approved or authorized for emergency
use by the federal Food and Drug Administration. Further, this bill prevents any
health care entity or credentialing board from restricting any health care provider
from informing a patient of any innovative or novel therapy that may potentially
benefit the patient.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1058,1
5Section
1. 146.50 of the statutes is created to read:
AB1058,2,1
1146.50 Novel and innovative therapies. (1) In this section:
AB1058,2,32
(a) “Health care entity” has the meaning given for “health care provider” in s.
3146.81 (1) (i) to (p).
AB1058,2,44
(b) “Health care provider” has the meaning given in s. 146.81 (1) (a) to (hp).
AB1058,2,7
5(2) No health care entity may retaliate against, discriminate against, or deny
6privileges to a health care provider for ordering an innovative or novel therapy if all
7of the following apply:
AB1058,2,108
(a) The health care provider orders the innovative or novel therapy based on
9his or her assessment of the patient and any available clinical data supporting the
10innovative or novel therapy.
AB1058,2,1211
(b) The patient is informed of all reasonable alternative courses of treatment
12and requests the innovative or novel therapy over alternative courses of treatment.
AB1058,2,1613
(c) If the ordered innovative or novel therapy is a drug, device, or biological
14product, the ordered drug, device, or biological product is approved by the federal
15food and drug administration under
21 USC 355 or is authorized for emergency use
16by the federal food and drug administration under
21 USC 360bbb-3.
AB1058,2,19
17(3) A health care entity may not restrict, directly or indirectly, any health care
18provider from informing a patient of any innovative or novel therapy that may
19potentially benefit the patient.
AB1058,2
20Section
2. 440.208 of the statutes is created to read:
AB1058,2,22
21440.208 Novel and innovative therapies. (1) In this section, “health care
22provider” has the meaning given in s. 146.81 (1) (a) to (hp).
AB1058,2,25
23(2) No credentialing board may retaliate against, discriminate against, or
24deny, suspend, limit, or revoke a credential to a health care provider for ordering an
25innovative or novel therapy if all of the following apply:
AB1058,3,3
1(a) The health care provider orders the innovative or novel therapy based on
2his or her assessment of the patient and any available clinical data supporting the
3innovative or novel therapy.
AB1058,3,54
(b) The patient is informed of all reasonable alternative courses of treatment
5and requests the innovative or novel therapy over alternative courses of treatment.
AB1058,3,96
(c) If the ordered innovative or novel therapy is a drug, device, or biological
7product, the ordered drug, device, or biological product is approved by the federal
8food and drug administration under
21 USC 355 or is authorized for emergency use
9by the federal food and drug administration under
21 USC 360bbb-3.
AB1058,3,12
10(3) No credentialing board may restrict, directly or indirectly, by rule or any
11other official action, any health care provider from informing a patient of any
12innovative or novel therapy that may potentially benefit the patient.