March 21, 2025 - Introduced by Senators Jagler, Feyen, Dassler-Alfheim, James, L. Johnson, Spreitzer, Testin and Wall, cosponsored by Representatives Dittrich, Duchow, Andraca, Knodl, Murphy, Mursau, Sinicki, Stubbs and Subeck. Referred to Committee on Health.
SB145,1,4
1An Act to create 253.13 (6) of the statutes; relating to: the procedure for
2adding federal newborn screening recommendations to the state-required
3newborn screenings, granting rule-making authority, and providing an
4exemption from emergency rule procedures. Analysis by the Legislative Reference Bureau
In general, under current law, newborns must be tested for certain congenital and metabolic disorders as specified in rules promulgated by the Department of Health Services. The federal Department of Health and Human Services maintains a list of disorders for which it recommends testing in newborns, known as the federal Recommended Uniform Screening Panel (RUSP).
Under this bill, DHS must evaluate each disorder that is included in the RUSP as of January 1, 2025, to determine whether newborns in this state should be tested for that disorder. This requirement does not apply to any disorder in the RUSP if, as of January 1, 2025, the disorder is already included in the list of disorders for which newborns must be tested in this state. In addition, the bill requires DHS to evaluate any disorder added to the RUSP after January 1, 2025, to determine whether newborns in this state should be tested for that newly added disorder. If DHS determines newborns should not be tested for the disorder, DHS must annually review medical literature and the department’s capacity and resources to test for the disorder in order to determine whether to reevaluate the inclusion of the disorder in newborn testing in this state. If, in any of these evaluations or reevaluations, DHS determines that a disorder in the RUSP should be added to the list of disorders for which newborns must be tested in this state, the bill requires DHS to promulgate rules to add that disorder.
The requirements for evaluations, reviews, and reevaluations under the bill do not apply to a disorder in the RUSP if DHS is in the process of adding, by rule, the disorder to the list of disorders for which newborns must be tested in this state. However, if the rule-making procedure for that disorder does not result in promulgation of a rule, then DHS must consider the disorder under the review and reevaluation procedures under the bill.
For further information see the state 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:
SB145,1
1Section 1. 253.13 (6) of the statutes is created to read: SB145,2,72253.13 (6) Federal recommendations; evaluation procedure. (a) Initial 3evaluation. 1. Subject to subd. 2., for any disorder that is added to the federal 4recommended uniform screening panel approved by the federal department of 5health and human services after January 1, 2025, and that is not included in the 6list of disorders under s. DHS 115.04, Wis. Adm. Code, the department shall do all 7of the following within 18 months after the addition of the disorder: SB145,2,98a. Conduct an initial evaluation to determine whether the disorder should be 9included in the testing required under this section. SB145,2,1210b. If the department determines that the disorder should be included in the 11testing required under this section, commence rule making to add the disorder to 12the list under s. DHS 115.04, Wis. Adm. Code. SB145,3,3132. This paragraph does not apply to any disorder included in the federal 14recommended uniform screening panel that will be added to the list of disorders
1under s. DHS 115.04, Wis. Adm. Code, pending promulgation of a rule for which the 2department has commenced rule-making procedures as of the effective date of this 3subdivision .... [LRB inserts date]. SB145,3,94(b) Annual review. 1. Subject to subd. 2., the department shall do all of the 5following on an annual basis for any disorder the department determines in an 6initial evaluation under par. (a) or a reevaluation under par. (c) should not be 7included in the testing required under this section and for any disorder that was the 8subject of rule making under par. (a) 2. or 2025 Wisconsin Act .... (this act), section 92 (2), that did not result in the promulgation of a rule: SB145,3,1410a. Review the medical literature published on the disorder since the initial 11evaluation or the commencement of rule making under par. (a) 2. or 2025 Wisconsin 12Act .... (this act), section 2 (2), to determine whether new information has been 13identified that would merit a reevaluation of whether testing for the disorder 14should be included in the testing required under this section. SB145,3,1615b. Determine whether the department has the capacity and resources needed 16to include testing for the disorder in the testing required under this section. SB145,3,18172. This paragraph does not apply to any disorder that is removed from the 18federal recommended uniform screening panel. SB145,4,219(c) Reevaluation. If the department finds in an annual review under par. (b) 20that new information has been identified that would merit a reevaluation of 21whether testing for a disorder should be included in the testing required under this 22section or that the department has the capacity and resources needed to include
1testing for the disorder in the testing required under this section, the department 2shall do all of the following within 18 months of completing the annual review: SB145,4,431. Conduct a reevaluation to determine whether testing for the disorder 4should be included in the testing required under this section. SB145,4,752. If the department determines in the reevaluation that testing for a disorder 6should be included in the testing required under this section, commence rule 7making to add the disorder to the list under s. DHS 115.04, Wis. Adm. Code. SB145,4,208(d) Emergency rule making. The department may use the procedure under s. 9227.24 to promulgate a rule under this subsection or 2025 Wisconsin Act .... (this 10act), section 2 (1) (b). Notwithstanding s. 227.24 (1) (a) and (3), the department is 11not required to provide evidence that promulgating a rule under this paragraph as 12an emergency rule is necessary for the preservation of the public peace, health, 13safety, or welfare and is not required to provide a finding of emergency for a rule 14promulgated under this paragraph. Notwithstanding s. 227.24 (1) (c) and (2), if the 15department submits in proposed form a permanent rule to the legislative council 16staff under s. 227.15 (1) within 15 months of the date the statement of scope of the 17emergency rule promulgated under this paragraph is published in the register 18under s. 227.135 (3), the emergency rule remains in effect until the date on which 19the permanent rule takes effect or the date on which the statement of scope expires 20under s. 227.135 (5), whichever occurs first. SB145,5,221(e) Implementation. The department shall ensure that testing for any 22disorder added by rule to the list under s. DHS 115.04, Wis. Adm. Code, in
1accordance with this subsection begins within 6 months after the date of 2publication, as defined in s. 227.22 (1), of the rule. SB145,23Section 2. Nonstatutory provisions. SB145,5,94(1) For any disorder included in the federal recommended uniform screening 5panel approved by the federal department of health and human services as of 6January 1, 2025, that is not included in the list of disorders under s. DHS 115.04, 7Wis. Adm. Code, on the effective date of this subsection, the department of health 8services shall do all of the following within 18 months of the effective date of this 9subsection: SB145,5,1110(a) Evaluate whether the disorder should be included in the testing required 11under s. 253.13 (1). SB145,5,1412(b) If, in its evaluation, the department of health services determines that the 13disorder should be included in the testing required under s. 253.13 (1), commence 14rule making to add the disorder to the list under s. DHS 115.04, Wis. Adm. Code. SB145,5,1915(2) Subsection (1) does not apply to any disorder included in the federal 16recommended uniform screening panel that will be added to the list of disorders 17under s. DHS 115.04, Wis. Adm. Code, pending promulgation of a rule for which the 18department of health services has commenced the rule-making procedure as of the 19effective date of this subsection. SB145,6,220(3) The department of health services shall ensure that testing for any 21disorder added by rule to the list under s. DHS 115.04, Wis. Adm. Code, in
1accordance with sub. (1) begins within 6 months after the date of publication, as 2defined in s. 227.22 (1), of the rule.
