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Wisconsin Legislature: SB1119: Bill Text
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SB1119: Bill Text
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2025 - 2026 LEGISLATURE
LRB-6349/1
SWB:amn&skw
2025 SENATE BILL 1119
March 19, 2026 - Introduced by Senators
L. Johnson
,
Hesselbein
,
Larson
,
Ratcliff
and
Spreitzer
, cosponsored by Representatives
Subeck
,
Anderson
,
Arney
,
Joers
,
Johnson
,
Madison
,
McCarville
,
Miresse
,
Neubauer
,
Palmeri
,
Roe
,
Sinicki
,
Tenorio
and
Udell
. Referred to Committee on Licensing, Regulatory Reform, State and Federal Affairs.
SB1119,1,3
1
An Act
to create
253.17 of the statutes;
relating to:
protection of pregnant
2
individuals’ information, authorization for disclosure, data breach, and
3
providing a penalty.
Analysis by the Legislative Reference Bureau
This bill prohibits an unregulated pregnancy center from disclosing nonpublic personal health information about an individual unless an authorization is obtained from the individual whose nonpublic personal health information is sought to be disclosed. Under the bill, an “unregulated pregnancy center” is a pregnancy services center that does not directly provide abortions or emergency contraception to clients or provide referrals to clients for abortions or emergency contraception. The bill provides that a “pregnancy services center” is a facility, including a mobile facility, the primary purpose of which is to provide services to individuals who are or may be pregnant and that offers obstetric ultrasounds, obstetric sonograms, pregnancy testing or diagnosis, or prenatal care to pregnant individuals or has the appearance of a medical facility.
Under the bill, a valid authorization to disclose nonpublic personal health information must be in written or electronic form and must contain the identity and signature of the individual who is the subject of the nonpublic personal health information. The authorization must also contain a general description of the types of nonpublic personal health information to be disclosed, a general description of the parties to whom the center discloses the information, the purpose of the disclosure and how the information will be used, as well as notice of the length of time for which the authorization is valid, notice that the individual may revoke the authorization at any time, and the procedure for making a revocation. The bill also provides that before an unregulated pregnancy center may obtain an authorization, it must, as part of its explanation of the authorization form, provide a verbal disclosure to the individual that it is not a covered entity for purposes of the federal privacy regulations promulgated under the federal Health Insurance Portability and Accountability Act (HIPAA).
The bill provides that an authorization under the bill must specify a length of time for which the authorization may remain valid, which may not exceed 24 months. The bill also provides that an individual may generally revoke authorization provided under the bill at any time, subject to the rights of an unregulated pregnancy center that acted in reliance on the authorization prior to notice of the revocation. Under the bill, an unregulated pregnancy center must retain an authorization and any revocation of the authorization for six years. The bill prohibits an unregulated pregnancy center from unfairly discriminating against an individual because that individual has not granted authorization for the disclosure of nonpublic personal health information under the bill. The bill also requires that an unregulated pregnancy center that maintains, stores, or manages computerized nonpublic personal health information must provide notice of any breach of the security of the system to any individual whose personal information was or is reasonably believed to have been accessed and acquired by an unauthorized person. Under the bill, any person who violates the requirements of the bill engages in an unfair and deceptive trade practice as provided under current law.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SB1119,1
1
Section
1
.
253.17 of the statutes is created to read:
SB1119,2,3
2
253.17
Protection of pregnant individuals’ information.
(1)
3
Definitions.
In this section:
SB1119,2,7
4
(a) “Health information” means information or data, except age or gender,
5
whether oral or recorded in a form or medium, created by or derived from an
6
unregulated pregnancy center or an individual that relates to one or more of the
7
following:
SB1119,3,2
1
1. The past, present, or future physical, mental, or behavioral health or
2
condition of an individual.
SB1119,3,4
3
2. A service provided to or discussed with the individual, including any
4
pregnancy-related service.
SB1119,3,7
5
(b) “Unregulated pregnancy center” means a pregnancy services center that
6
does not directly provide, or provide referrals for, abortions or emergency
7
contraception and is not covered by medical privacy laws.
SB1119,3,10
8
(c) “Nonpublic personal health information” means health information that
9
identifies an individual who is the subject of the information or health information
10
that there is a reasonable basis to believe could be used to identify an individual.
SB1119,3,15
11
(d) “Pregnancy-related service” means a medical or counseling service related
12
to pregnancy, pregnancy prevention, or pregnancy termination, including
13
contraception and contraceptive counseling, pregnancy testing, pregnancy
14
diagnosis, pregnancy options counseling, obstetric ultrasound, obstetric sonogram,
15
or prenatal care.
SB1119,3,21
16
(e) “Pregnancy services center” means a facility, including a mobile facility,
17
the primary purpose of which is to provide services to individuals who are or may
18
be pregnant and that offers obstetric ultrasounds, obstetric sonograms, or prenatal
19
care to pregnant individuals or has the appearance of a medical facility. A
20
pregnancy services center has the appearance of a medical facility if at least 2 of the
21
following apply:
SB1119,3,23
22
1. The facility offers obstetric ultrasounds, obstetric sonograms, pregnancy
23
testing or diagnosis, or prenatal care to pregnant clients.
SB1119,3,24
24
2. The facility has staff or volunteers who wear medical attire or uniforms.
SB1119,4,1
1
3. The facility contains one or more examination tables.
SB1119,4,3
2
4. The facility contains a private or semiprivate room or area containing
3
medical supplies or medical instruments.
SB1119,4,5
4
5. The facility has staff or volunteers who collect health information from
5
clients.
SB1119,4,8
6
6. The facility shares space with a credentialed health care provider or is
7
located on the same premises as a medical facility approved by the department or a
8
credentialed health care provider.
SB1119,4,12
9
(2)
Authorization required for disclosure.
(a)
Disclosure prohibited.
An
10
unregulated pregnancy center may not disclose nonpublic personal health
11
information about an individual unless an authorization is obtained from the
12
individual whose nonpublic personal health information is sought to be disclosed.
SB1119,4,19
13
(b)
Exceptions.
An unregulated pregnancy center may disclose nonpublic
14
personal health information without authorization if disclosure is required to
15
comply with federal, state, or local laws, a civil, criminal, or regulatory inquiry,
16
investigation, subpoena, or summons by federal, state, or local authorities, or to
17
cooperate with law enforcement agencies concerning conduct or activity that the
18
business, service provider, or third party reasonably and in good faith believes may
19
violate federal, state, or local laws.
SB1119,4,22
20
(c)
Valid authorization.
1. A valid authorization to disclose nonpublic
21
personal health information shall be in written or electronic form and shall contain
22
all of the following:
SB1119,4,24
23
a. The identity of the individual who is the subject of the nonpublic personal
24
health information.
SB1119,5,2
1
b. A general description of the types of nonpublic personal health information
2
to be disclosed.
SB1119,5,5
3
c. General descriptions of the parties to whom the unregulated pregnancy
4
center discloses nonpublic personal health information, the purpose of the
5
disclosure, and how the information will be used.
SB1119,5,8
6
d. The signature of the individual who is the subject of the nonpublic personal
7
health information or the individual who is legally empowered to grant authority
8
and the date signed.
SB1119,5,11
9
e. Notice of the length of time for which the authorization is valid, notice that
10
the individual may revoke the authorization at any time, and the procedure for
11
making a revocation.
SB1119,5,17
12
2. Before an unregulated pregnancy center may obtain an authorization from
13
an individual under this subsection, the unregulated pregnancy center shall, as
14
part of its explanation of the authorization form, provide a verbal disclosure to the
15
individual that the unregulated pregnancy center is not a covered entity for
16
purposes of the federal privacy regulations promulgated under the federal Health
17
Insurance Portability and Accountability Act of 1996.
SB1119,5,20
18
(d)
Duration of authorization.
An authorization under this subsection shall
19
specify a length of time for which the authorization may remain valid, which may
20
not exceed 24 months.
SB1119,5,24
21
(e)
Revocation of authorization.
An individual who is the subject of nonpublic
22
personal health information may revoke an authorization provided under this
23
section at any time, subject to the rights of an unregulated pregnancy center that
24
acted in reliance on the authorization prior to notice of the revocation.
SB1119,6,4
1
(f)
Record of authorization.
An unregulated pregnancy center shall retain an
2
authorization and any revocation of the authorization, or copies of the authorization
3
and any revocation of the authorization, for 6 years in the record of the individual
4
who is the subject of nonpublic personal health information.
SB1119,6,8
5
(g)
Nondiscrimination.
An unregulated pregnancy center may not unfairly
6
discriminate against an individual because that individual has not granted
7
authorization for the disclosure of nonpublic personal health information under this
8
section.
SB1119,6,14
9
(3)
Data breach.
An unregulated pregnancy center that maintains, stores,
10
or manages computerized nonpublic personal health information shall provide
11
notice of any breach of the security of the system following determination of the
12
breach of the security of the system to any individual whose personal information
13
was or is reasonably believed to have been accessed and acquired by an
14
unauthorized person.
SB1119,6,16
15
(4)
Violation.
Any person who violates this section engages in an unfair and
16
deceptive trade practice in violation of s. 100.20.
SB1119,2
17
Section
2
. Effective date.
SB1119,6,19
18
(
1
)
This act takes effect on the first day of the 3rd month beginning after
19
publication.
SB1119,6,20
20
(end)
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