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- 2026 LEGISLATURE LRB-0479/1 SWB&JPC:cjs ASSEMBLY BILL 104 March 5, 2025 - Introduced by Representatives LLEN, VOS, BEHNKE , BRILL, B ROOKS, CALLAHAN , D ITTRIC, G OEBEN , GREEN , GUNDRUM , H URD, B.
Date of enactment:
JACOBSON , KNODL, KREIBIC, MAXEY, MURPHY , URSAU , EDWESKI , EYLON , O'CONNOR , PENTERMAN , STEFFEN, TUCKER, TUSLER and W ICHGERS, cosponsored by SenatorsOMCZYK , KAPENGA , ASS, QUINN and WIMBERGER .
Assembly Bill 104 Date of publication*:
Referred to Committee on Health, Aging and Long-Term Care.
WISCONSIN ACT A N A CT to amend 441.07 (2), 448.02 (6), 448.02 (9) (intro.) and 448.978 (2) (intro.);
A N A CT to amend 441.07 (2), 448.02 (6), 448.02 (9) (intro.) and 448.978 (2) (intro.);
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 people of the state of Wisconsin, represented in sen- 2.
The prohibitions under the bill do not apply to any of the following:
Supraphysiologic doses of testosterone or other ate and assembly, do enact as follows:
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;
androgens to biological females.
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;
3.
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.
Supraphysiologic doses of estrogen to biological SECTION 1.
- 2026 Legislature - 2 - LRB-0479/1 SWB&JPC:cjs ASSEMBLY BILL 104 SECTION 1 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:
S ECTION 1.
males.
(a) “Biological sex” means the biological state of being female or male based on sex organs, chromosomes, and endogenous hormone profiles.
(d) Removing any otherwise healthy or nondiseased (a) “Biological sex” means the biological state of body part or tissue.
(b) “Health care provider” has the meaning given in s.
being female or male based on sex organs, chromo- (3) A PPLICABILITY LIMITATION .
146.81 (1) (a) to (hp).
(c) “Minor” means an individual who is under 18 years of age.
(2) P ROHIBITION.
A health care provider may not engage in, cause the engagement in, or make a referral for, any of the following practices upon a minor for the purpose of changing the minor’s body to correspond to a sex that is discordant with the minor’s biological sex:
(a) Performing a surgery that sterilizes an individual, including castration, vasectomy, hysterectomy, oophorectomy, metoidioplasty, orchiectomy, penectomy, phalloplasty, and vaginoplasty.
(b) Performing a mastectomy.
(c) Administering, prescribing, or supplying any of the following medications:
- 2026 Legislature - 3 - LRB-0479/1 SWB&JPC:cjs ASSEMBLY BILL 104 SECTION 1 1.
Puberty-blocking drugs to stop or delay normal puberty.
2.
Supraphysiologic doses of testosterone or other androgens to biological females.
3.
Supraphysiologic doses of estrogen to biological males.
(d) Removing any otherwise healthy or nondiseased body part or tissue.
(3) A PPLICABILITY LIMITATIO.
(a) 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, including any of the following:
somes, and endogenous hormone profiles.
(b) “Health care provider” has the meaning given in (a) A health care provider providing a service in ac- s.
146.81 (1) (a) to (hp).
cordance with a good faith medical decision of a parent (c) “Minor” means an individual who is under 18 or guardian of a minor born with a medically verifiable years of age.
genetic disorder of sex development, including any of (2) P ROHIBITION .
A health care provider may not the following:
External biological sex characteristics that are irresolvably ambiguous, such as in those born with 46,XX karyotype with virilization, with 46,XY karyotype with undervirilization, or having both ovarian and testicular tissue.
External biological sex characteristics that are ir- engage in, cause the engagement in, or make a referral for, any of the following practices upon a minor for the resolvably ambiguous, such as in those born with 46,XX purpose of changing the minor’s body to correspond to a karyotype with virilization, with 46,XY karyotype with sex that is discordant with the minor’s biological sex:
2.
undervirilization, or having both ovarian and testicular (a) Performing a surgery that sterilizes an individ- tissue.
A sexual development disorder when a physician has determined through genetic testing that the minor does not have the normal sex chromosome structure, sex steroid hormone production, or sex steroid hormone action for a biological male or biological female.
ual, including castration, vasectomy, hysterectomy, 2.
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(b) 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.
A sexual development disorder when a physician oophorectomy, metoidioplasty, orchiectomy, penec- has determined through genetic testing that the minor tomy, phalloplasty, and vaginoplasty.
(c) Any procedure undertaken because the minor suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, - 2026 Legislature - 4 - LRB-0479/1 SWB&JPC:cjs ASSEMBLY BILL 104 SECTION 1 place the minor in imminent danger of death or impairment of a major bodily function unless surgery is performed.
does not have the normal sex chromosome structure, sex (b) Performing a mastectomy.
S ECTION 2.
steroid hormone production, or sex steroid hormone ac- (c) Administering, prescribing, or supplying any of tion for a biological male or biological female.
441.07 (1j) of the statutes is created to read:
the following medications:
441.07 (1j) Subject to the rules promulgated under s.
(b) The treatment of any infection, injury, disease, 1.
440.03 (1), the board shall investigate allegations that any person licensed under this chapter has violated s.
Puberty-blocking drugs to stop or delay normal or disorder that has been caused by or exacerbated by puberty.
146.36 (2After an investigation, if the board finds that there is probable cause to believe that the person violated s.
the performance of a gender transition medical proce- ernor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” Wisconsin Act - 2 - 2025 Assembly Bill 104 dure, whether or not that procedure was performed in cense or certificate that was revoked pursuant to sub.
146.36 (2), the board shall hold a hearing on such conduct.
accordance with state and federal law.
After a hearing, if the board determines that the person has violated s.
(3m).
146.36 (2), the board shall revoke the person’s license and, if applicable, the person’s certificate to issue prescription orders under s.
(c) Any procedure undertaken because the minor S ECTION 6.
441.16.
448.02 (9) (intro.) of the statutes is suffers from a physical disorder, physical injury, or phys- amended to read:
S ECTION 3.
ical illness that would, as certified by a physician, place 448.02 (9) J UDICIAL REVIEW .
441.07 (2) of the statutes is amended to read:
(intro.) No injunc- the minor in imminent danger of death or impairment of tion, temporary injunction, stay, restraining order or a major bodily function unless surgery is performed.
441.07 (2) The board may reinstate a revoked license, no earlier than one year following revocation, upon receipt of an application for reinstatemeThis subsection does not apply to a license that is revoked under sub.
other order may be issued by a court in any proceeding SECTION 2.
(1j) or s.
441.07 (1j) of the statutes is created to for review that suspends or stays an order of the board to read:
discipline a physician under sub.
(3) (c), to revoke a 441.07 (1j) Subject to the rules promulgated under physician’s license under sub.
(3m), or to suspend or s.
440.03 (1), the board shall investigate allegations that limit a physician’s license under sub.
(4), except upon any person licensed under this chapter has violated s.
application to the court and a determination by the court 146.36 (2).
After an investigation, if the board finds that that all of the following conditions are met:
there is probable cause to believe that the person vio- S ECTION 7.
448.978 (1v) of the statutes is created to lated s.
146.36 (2), the board shall hold a hearing on read:
such conduct.
After a hearing, if the board determines 448.978 (1v) Subject to the rules promulgated under that the person has violated s.
146.36 (2), the board shall s.
440.03 (1), the board shall investigate allegations that revoke the person’s license and, if applicable, the per- any person licensed under this subchapter has violated s.
son’s certificate to issue prescription orders under s.
146.36 (2).
After an investigation, if the board finds that 441.16.
SECTION 3.
441.07 (2) of the statutes, as affected by there is probable cause to believe that the person vio- lated s.
146.36 (2), the board shall hold a hearing on Wisconsin Act 17, is amended to read:
such conduct.
After a hearing, if the board determines 441.07 (2) The board may reinstate a revoked li- that the person has violated s.
146.36 (2), the board shall cense, no earlier than one year following revocation, upon receipt of an application for reinstatement.
This revoke the person’s license.
subsection does not apply to a license that is revoked un- S ECTION 8.
448.978 (2) (intro.) of the statutes is amended to read:
der sub.
(1j) or (1r) or s.
S ECTION 4.
448.978 (2) (intro.) Subject to the rules promulgated SECTION 4.
448.02 (3m) NVESTIGATIONS;
under s.
HEARING;
440.03 (1) and except as provided in sub.
ACTION FOR GENDER TRANSITION MEDICAL INTERVENTION.
(1v), 448.02 (3m) I NVESTIGATIONS ;
The board shall investigate allegations that any person holding a license or certificate granted by the board has violated s.
HEARING ;
ACTION if a person who applies for or holds a license or compact privilege issued under s.
448.974 does any of the follow- FOR GENDER TRANSITION MEDICAL INTERVENTION .
The ing, the board may reprimand the person or deny, limit, board shall investigate allegations that any person hold- ing a license or certificate granted by the board has vio- suspend, or revoke the person’s license or compact lated s.
After an investigation, if the board finds that there is probable cause to believe that the person violated s.
After an investigation, if the board privilege:
finds that there is probable cause to believe that the per- S ECTION 9.
Nonstatutory provisions.
(1) L EGISLATIVE INTENT STATEMENT .
By including son violated s.
After a hearing, if the board determines that the person has violated s.
After a hearing, if the board deter- a 6-month delayed effective date in S ECTION 10 (1) of mines that the person has violated s.
146.36 (2), the board shall revoke the person’s license or certificate.
146.36 (2), the this act, the legislature intends to allow time for appro- board shall revoke the person’s license or certificate.
The board shall comply with - 2026 Legislature - 5 - LRB-0479/1 SWB&JPC:cjs ASSEMBLY BILL 104 SECTION 4 the rules of procedure for the investigation, hearing, and action that are promulgated under ss.
priate medication tapering and discontinuation under The board shall comply with the rules of procedure for the care of a physician or other health care provider for any minor who is using puberty-blocking drugs or cross- the investigation, hearing, and action that are promul- gated under ss.
S ECTION 5.
sex hormones for the purpose of changing the minor’s SECTION 5.
448.02 (6) of the statutes is amended to read:
448.02 (6) of the statutes, as affected by body to correspond to a sex that is discordant with the Wisconsin Act 76, is amended to read:
448.02 (6) RESTORATION OF LICENSE OR CERTIFICA.
minor’s biological sex and who will be a minor when the act takes effect.
The board may restore any license or certificate that has been voluntarily surrendered or revoked under any of the provisions of this subchapter, on such terms and conditions as it may deem appropriate, except that the board may not restore any license or certificate that was revoked pursuant to sub.
For purposes of this subsection, the 448.02 (6) R ESTORATION OF CREDENTIAL .
(3m).
The board may restore any license, certificate, or respiratory terms “biological sex,” “health care provider,” and “mi- care compact privilege that has been voluntarily surren- nor” have the meanings given in s.
S ECTION 6.
448.02 (9) (intro.) of the statutes is amended to read:
448.02 (9) JUDICIAL REVIEW.
(intro.) No injunction, temporary injunction, stay, restraining order or other order may be issued by a court in any proceeding for review that suspends or stays an order of the board to discipline a physician under sub.
(3) (c), to revoke a physician’s license under sub.
(3m), or to suspend or limit a physician’s license under sub.
(4), except upon application to the court and a determination by the court that all of the following conditions are met:
S ECTION 7.
448.978 (1v) of the statutes is created to read:
448.978 (1v) Subject to the rules promulgated under s.
440.03 (1), the board shall investigate allegations that any person licensed under this subchapter has violated s.
146.36 (2After an investigation, if the board finds that there is probable cause to believe that the person violated s.
146.36 (2), the board shall hold a hearing on such conduct.
After a hearing, if the board determines that the person has violated s.
146.36 (2), the board shall revoke the person’s license.
S ECTION 8.
448.978 (2) (intro.) of the statutes is amended to read:
- 2026 Legislature - 6 - LRB-0479/1 SWB&JPC:cjs ASSEMBLY BILL 104 SECTION 8 448.978 (2) (intro.) Subject to the rules promulgated under s.
440.03 (1) and except as provided in sub.
(1v), if a person who applies for or holds a license or compact privilege issued under s.
448.974 does any of the following, the board may reprimand the person or deny, limit, suspend, or revoke the person’s license or compact privilege:
S ECTION 9.
Nonstatutory provisions.
(1) LEGISLATIVE INTENT STATEMEN.
By including a 6-month delayed effective date in SECTION 10 (1) of this act, the legislature intends to allow time for appropriate medication tapering and discontinuation under the care of a physician or other health care provider for any minor who is using puberty-blocking drugs or cross-sex hormones for the purpose of changing the minor’s body to correspond to a sex that is discordant with the minor’s biological sex and who will be a minor when the act takes effect.
For purposes of this subsection, the terms “biological sex,” “health care provider,” and “minor” have the meanings given in s.
S ECTION 10.
dered or revoked under any of the provisions of this sub- S ECTION 10.
(1) This act takes effect on the first day of the 7th month beginning after publication.
chapter, on such terms and conditions as it may deem (1) This act takes effect on the first day of the 7th appropriate, except that the board may not restore any li- month beginning after publication.
(END)
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