Wisconsin Senate Bill SB145

Wisconsin 2025-2026 Regular Session

• Introduced: 3/21/25
• Refer: 3/21/25
• Report Pass: 8/21/25
• Failed: 3/23/26

Caption

An Act to create 253.13 (6) of the statutes; Relating to: the procedure for adding federal newborn screening recommendations to the state-required newborn screenings, granting rule-making authority, and providing an exemption from emergency rule procedures. (FE)

Summary

SB145 would change how Wisconsin updates its required newborn screening list when the federal government adds new conditions to the Recommended Uniform Screening Panel (RUSP). For disorders added to the federal panel after January 1, 2025, and not already required under state rules, the Department of Health Services (DHS) would have to evaluate the disorder within 18 months to decide whether it should be added to Wisconsin’s newborn screening program. If DHS concludes a disorder should be screened for, it must begin rulemaking to add it to the state list. The bill also creates a continuing review process for disorders DHS initially declines to add. DHS would have to review medical literature and its own capacity and resources each year, and if new information or improved capacity suggests screening should be reconsidered, DHS would have to conduct a reevaluation within 18 months and potentially start rulemaking. The bill allows DHS to use emergency rulemaking for these additions without having to show the usual emergency justification, and it requires that screening for any newly added disorder begin within six months after the rule is published.

Impact

The bill would create a new statutory subsection in Wisconsin’s newborn screening law, s. 253.13, and direct DHS to follow a structured timeline for evaluating federal newborn screening recommendations and converting them into state-required screenings through administrative rule. It would also affect DHS rulemaking under ch. 227 by authorizing emergency rules for this purpose without the standard emergency findings, while still requiring a permanent rule process to follow. In practical terms, the bill would expand the mechanism by which disorders can be added to the state screening panel and could lead to additional mandated newborn tests, subject to DHS evaluation of medical evidence and agency resources.

Sentiment

The available record shows no committee transcript or recorded votes, so there is no detailed public debate captured in the materials provided. Based on the bill text, the measure appears policy-driven and administrative rather than controversial in its framing, with an emphasis on keeping Wisconsin’s newborn screening program aligned with federal recommendations and current medical literature. The bill ultimately failed to pass pursuant to Senate Joint Resolution 1, indicating it did not complete the legislative process despite being introduced with bipartisan cosponsorship.

Contention

The main points of potential contention are likely to be the pace and automaticity of adding new newborn screening conditions, the burden on DHS to repeatedly evaluate and reevaluate disorders, and the bill’s relaxation of normal emergency rule requirements. Supporters would likely favor faster incorporation of medically recommended screenings, while skeptics may worry about agency capacity, costs, implementation timelines, and whether every federal recommendation should be translated into state mandate. The bill also leaves DHS discretion to decide, at least initially, whether a disorder should be added, which could be a point of concern for those seeking clearer legislative direction or for those concerned about overexpansion of screening requirements.