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Wisconsin Legislature: SB157: Bill Text
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SB157: Bill Text
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2025 - 2026 LEGISLATURE
LRB-1359/1
SWB&JPC:cjs
2025 SENATE BILL 157
March 27, 2025 - Introduced by Senators
Tomczyk
,
Kapenga
,
Nass
,
Quinn
and
Wimberger
, cosponsored by Representatives
Allen
,
Vos
,
Behnke
,
Brill
,
Brooks
,
Callahan
,
Dittrich
,
Goeben
,
Green
,
Gundrum
,
Hurd
,
B. Jacobson
,
Knodl
,
Kreibich
,
Maxey
,
Murphy
,
Mursau
,
Nedweski
,
Neylon
,
O'Connor
,
Penterman
,
Steffen
,
Tucker
,
Tusler
and
Wichgers
. Referred to Committee on Government Operations, Labor and Economic Development.
SB157,1,4
1
An Act
to amend
441.07 (2), 448.02 (6), 448.02 (9) (intro.) and 448.978 (2)
2
(intro.);
to create
146.36, 441.07 (1j), 448.02 (3m) and 448.978 (1v) of the
3
statutes;
relating to:
prohibiting gender transition medical intervention for
4
individuals under 18 years of age.
Analysis by the Legislative Reference Bureau
This bill prohibits health care providers from engaging in, causing the engagement in, or making referrals for, certain medical intervention practices upon an individual under 18 years of age if done for the purpose of changing the minor’s body to correspond to a sex that is discordant with the minor’s biological sex. The prohibitions under the bill do not apply to any of the following: 1) a health care provider providing a service in accordance with a good faith medical decision of a parent or guardian of a minor born with a medically verifiable genetic disorder of sex development; 2) the treatment of any infection, injury, disease, or disorder that has been caused by or exacerbated by the performance of a gender transition medical procedure, whether or not that procedure was performed in accordance with state and federal law; or 3) any procedure undertaken because the minor suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the minor in imminent danger of death or impairment of a major bodily function unless surgery is performed.
Under the bill, the Board of Nursing, the Medical Examining Board, and the Physician Assistant Affiliated Credentialing Board are required to investigate any allegation that any person licensed or certified by the respective boards has violated any of the prohibitions on engaging in, causing the engagement in, or making certain referrals for the medical intervention practices described in the bill. Upon a finding by the Board of Nursing, the Medical Examining Board, or the Physician Assistant Affiliated Credentialing Board that the holder of a license or certificate has violated any of these prohibitions, the bill requires the Board of Nursing, the Medical Examining Board, or the Physician Affiliated Credentialing Board to revoke that person’s license or certificate.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SB157,1
1
Section
1
.
146.36 of the statutes is created to read:
SB157,2,3
2
146.36
Gender transition medical intervention.
(1)
Definitions.
In
3
this section:
SB157,2,5
4
(a) “Biological sex” means the biological state of being female or male based on
5
sex organs, chromosomes, and endogenous hormone profiles.
SB157,2,6
6
(b) “Health care provider” has the meaning given in s. 146.81 (1) (a) to (hp).
SB157,2,7
7
(c) “Minor” means an individual who is under 18 years of age.
SB157,2,11
8
(2)
Prohibition.
A health care provider may not engage in, cause the
9
engagement in, or make a referral for, any of the following practices upon a minor
10
for the purpose of changing the minor’s body to correspond to a sex that is
11
discordant with the minor’s biological sex:
SB157,2,14
12
(a) Performing a surgery that sterilizes an individual, including castration,
13
vasectomy, hysterectomy, oophorectomy, metoidioplasty, orchiectomy, penectomy,
14
phalloplasty, and vaginoplasty.
SB157,2,15
15
(b) Performing a mastectomy.
SB157,2,16
16
(c) Administering, prescribing, or supplying any of the following medications:
SB157,3,1
1
1. Puberty-blocking drugs to stop or delay normal puberty.
SB157,3,3
2
2. Supraphysiologic doses of testosterone or other androgens to biological
3
females.
SB157,3,4
4
3. Supraphysiologic doses of estrogen to biological males.
SB157,3,5
5
(d) Removing any otherwise healthy or nondiseased body part or tissue.
SB157,3,7
6
(3)
Applicability limitation.
This section does not apply to any of the
7
following:
SB157,3,10
8
(a) A health care provider providing a service in accordance with a good faith
9
medical decision of a parent or guardian of a minor born with a medically verifiable
10
genetic disorder of sex development, including any of the following:
SB157,3,13
11
1. External biological sex characteristics that are irresolvably ambiguous,
12
such as in those born with 46,XX karyotype with virilization, with 46,XY karyotype
13
with undervirilization, or having both ovarian and testicular tissue.
SB157,3,17
14
2. A sexual development disorder when a physician has determined through
15
genetic testing that the minor does not have the normal sex chromosome structure,
16
sex steroid hormone production, or sex steroid hormone action for a biological male
17
or biological female.
SB157,3,21
18
(b) The treatment of any infection, injury, disease, or disorder that has been
19
caused by or exacerbated by the performance of a gender transition medical
20
procedure, whether or not that procedure was performed in accordance with state
21
and federal law.
SB157,4,2
22
(c) Any procedure undertaken because the minor suffers from a physical
23
disorder, physical injury, or physical illness that would, as certified by a physician,
1
place the minor in imminent danger of death or impairment of a major bodily
2
function unless surgery is performed.
SB157,2
3
Section
2
.
441.07 (1j) of the statutes is created to read:
SB157,4,10
4
441.07
(1j)
Subject to the rules promulgated under s. 440.03 (1), the board
5
shall investigate allegations that any person licensed under this chapter has
6
violated s. 146.36 (2). After an investigation, if the board finds that there is
7
probable cause to believe that the person violated s. 146.36 (2), the board shall hold
8
a hearing on such conduct. After a hearing, if the board determines that the person
9
has violated s. 146.36 (2), the board shall revoke the person’s license and, if
10
applicable, the person’s certificate to issue prescription orders under s. 441.16.
SB157,3
11
Section
3
.
441.07 (2) of the statutes is amended to read:
SB157,4,14
12
441.07
(2)
The board may reinstate a revoked license, no earlier than one year
13
following revocation, upon receipt of an application for reinstatement. This
14
subsection does not apply to a license that is revoked under
sub. (1j) or
s. 440.12.
SB157,4
15
Section
4
.
448.02 (3m) of the statutes is created to read:
SB157,5,2
16
448.02
(3m)
Investigations; hearing; action for gender transition
17
medical intervention
. The board shall investigate allegations that any person
18
holding a license or certificate granted by the board has violated s. 146.36 (2). After
19
an investigation, if the board finds that there is probable cause to believe that the
20
person violated s. 146.36 (2), the board shall hold a hearing on such conduct. After
21
a hearing, if the board determines that the person has violated s. 146.36 (2), the
22
board shall revoke the person’s license or certificate. The board shall comply with
1
the rules of procedure for the investigation, hearing, and action that are
2
promulgated under ss. 440.03 (1) and 448.40.
SB157,5
3
Section
5
.
448.02 (6) of the statutes is amended to read:
SB157,5,8
4
448.02
(6)
Restoration of license or certificate.
The board may restore
5
any license or certificate that has been voluntarily surrendered or revoked under
6
any of the provisions of this subchapter, on such terms and conditions as it may
7
deem appropriate
, except that the board may not restore any license or certificate
8
that was revoked pursuant to sub. (3m)
.
SB157,6
9
Section
6
.
448.02 (9) (intro.) of the statutes is amended to read:
SB157,5,15
10
448.02
(9)
Judicial review.
(intro.) No injunction, temporary injunction,
11
stay, restraining order or other order may be issued by a court in any proceeding for
12
review that suspends or stays an order of the board to discipline a physician under
13
sub. (3) (c)
, to revoke a physician’s license under sub. (3m),
or to suspend or limit a
14
physician’s license under sub. (4), except upon application to the court and a
15
determination by the court that all of the following conditions are met:
SB157,7
16
Section
7
.
448.978 (1v) of the statutes is created to read:
SB157,5,22
17
448.978
(1v)
Subject to the rules promulgated under s. 440.03 (1), the board
18
shall investigate allegations that any person licensed under this subchapter has
19
violated s. 146.36 (2). After an investigation, if the board finds that there is
20
probable cause to believe that the person violated s. 146.36 (2), the board shall hold
21
a hearing on such conduct. After a hearing, if the board determines that the person
22
has violated s. 146.36 (2), the board shall revoke the person’s license.
SB157,8
23
Section
8
.
448.978 (2) (intro.) of the statutes is amended to read:
SB157,6,5
1
448.978
(2)
(intro.) Subject to the rules promulgated under s. 440.03 (1)
and
2
except as provided in sub. (1v)
, if a person who applies for or holds a license or
3
compact privilege issued under s. 448.974 does any of the following, the board may
4
reprimand the person or deny, limit, suspend, or revoke the person’s license or
5
compact privilege:
SB157,9
6
Section
9
. Nonstatutory provisions.
SB157,6,14
7
(
1
)
Legislative intent statement.
By including a 6-month delayed effective
8
date in
Section
10
(
1
) of this act, the legislature intends to allow time for
9
appropriate medication tapering and discontinuation under the care of a physician
10
or other health care provider for any minor who is using puberty-blocking drugs or
11
cross-sex hormones for the purpose of changing the minor’s body to correspond to a
12
sex that is discordant with the minor’s biological sex and who will be a minor when
13
the act takes effect. For purposes of this subsection, the terms “biological sex,”
14
“health care provider,” and “minor” have the meanings given in s. 146.36 (1).
SB157,10
15
Section
10
. Effective date.
SB157,6,17
16
(
1
)
This act takes effect on the first day of the 7th month beginning after
17
publication.
SB157,6,18
18
(end)
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