Wisconsin Statutes
Wis. Stat. § 253.13 (2026)
Tests for congenital disorders
✓ current as of July 2026
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253.13(1)(a)(a) In this subsection, “nurse-midwife” means an individual who is licensed as an advanced practice registered nurse and possesses a certified nurse-midwife specialty designation under s. 441.09.
253.13(1)(b)(b) The attending physician or nurse-midwife shall cause every infant born in each hospital or maternity home, prior to its discharge therefrom, to be subjected to tests for congenital and metabolic disorders, as specified in rules promulgated by the department. If the infant is born elsewhere than in a hospital or maternity home, the attending physician, nurse-midwife, or birth attendant who attended the birth shall cause the infant, within one week of birth, to be subjected to these tests.
Effective date noteNOTE: Sub. (1) is shown as affected eff. 9-1-26 by 2025 Wis. Act 17. Prior to 9-1-26 it reads:
253.13 Note(1) Tests; requirements. The attending physician or nurse licensed under s. 441.15 shall cause every infant born in each hospital or maternity home, prior to its discharge therefrom, to be subjected to tests for congenital and metabolic disorders, as specified in rules promulgated by the department. If the infant is born elsewhere than in a hospital or maternity home, the attending physician, nurse licensed under s. 441.15, or birth attendant who attended the birth shall cause the infant, within one week of birth, to be subjected to these tests.
253.13(2)(2) Tests; diagnostic, dietary and follow-up counseling program; fees. The department shall contract with the state laboratory of hygiene to perform any tests under this section that are laboratory tests and to furnish materials for use in the tests. The department shall provide necessary diagnostic services, special dietary treatment as prescribed by a physician for a patient with a congenital disorder as identified by tests under this section, and follow-up counseling for the patient and his or her family. The department shall impose a fee, by rule, for tests performed under this section sufficient to pay for services provided under the contract. The department shall include as part of the fee established by rule amounts to fund the provision of diagnostic and counseling services, special dietary treatment, and periodic evaluation of infant screening programs, the costs of consulting with experts under sub. (5), the costs of administering the hearing screening program under s. 253.115, and the costs of administering the congenital disorder program under this section and, except as otherwise provided in this subsection, shall credit these amounts to the appropriation accounts under s. 20.435 (1) (ja) and (jb). Beginning on July 7, 2023, the fee imposed by the department under this subsection cannot be less than $195. At least $75 of this amount shall be credited to the appropriation account under s. 20.285 (1) (i).
253.13(3)(3) Exceptions. This section shall not apply if the parents or legal guardian of the child object thereto on the grounds that the test conflicts with their religious tenets and practices or with their personal convictions. No tests may be performed under this section unless the parents or legal guardian are fully informed of the purposes of testing under this section and have been given reasonable opportunity to object as authorized in this subsection to such tests.
253.13(4)(a)(a) The state laboratory of hygiene shall provide its laboratory test results to the physician, who shall advise the parents or legal guardian of the results. No information obtained under this section from the parents or guardian or from tests performed under this section may be disclosed except for use in statistical data compiled by the department without reference to the identity of any individual and except as provided in s. 146.82 (2). The state laboratory of hygiene board shall provide to the department the names and addresses of parents of infants who have positive test results.
253.13(4)(b)(b) The department may require reporting in connection with the tests performed under this section for use in statistical data compilation and for evaluation of infant screening programs.
253.13(5)(5) Related services. The department shall disseminate information to families whose children suffer from congenital disorders and to women of child-bearing age with a history of congenital disorders concerning the need for and availability of follow-up counseling and special dietary treatment and the necessity for testing infants. The department shall also refer families of children who suffer from congenital disorders to available health services programs and shall coordinate the provision of these programs. The department shall periodically consult appropriate experts in reviewing and evaluating the state’s infant screening programs.
253.13 HistoryHistory: 1977 c. 160; 1983 a. 157; 1985 a. 255; 1987 a. 27; 1989 a. 31; 1991 a. 39, 177; 1993 a. 27 s. 316; Stats. 1993 s. 253.13; 1995 a. 27 s. 9126 (19); 2001 a. 16, 52; 2007 a. 20 s. 9121 (6) (a); 2009 a. 28, 279; 2011 a. 32; 2013 a. 135; 2023 a. 19; 2025 a. 17.
253.13 AnnotationA physician and parent may enter an agreement to perform a PKU test after the infant has left the hospital without violating sub. (1). 61 Atty. Gen. 66.
Notes of Decisions
Cited in 4
cases, 1946–2018 · leading case: State v. Shaun M. Sanders, 912 N.W.2d 16 (Wis. 2018).
State v. Shaun M. Sanders, 912 N.W.2d 16 (Wis. 2018). “Wis. Stat. § 253.13 (1) (1967-68). County courts were abolished as part of the court reorganization of 1977.”
Ande v. Rock, 2002 WI App 136 (Wis. Ct. App. 2002). “See Wis. Stat. § 253.13 (1993-94); Wis. AdmiN.”
State Ex Rel. Herget v. Circuit Court for Waukesha Cnty., 267 N.W.2d 309 (Wis. 1978). “” Sec. 253.13, Stats., was renumbered sec. 754.”
Est. of Evans, 22 N.W.2d 497 (Wis. 1946). “Thurwachter, to show cause why the decision and proceedings should not be vacated and set aside on the ground that as Thurwachter was public administrator of Waukesha county under an appointment by Judge Young he was disqualified from sitting as'judge in this matter in view of…”
— Wis. Stat. § 253.13(5) — 1 case
Ande v. Rock, 2002 WI App 136 (Wis. Ct. App. 2002). “See Wis. Stat. § 253.13 (1993-94); Wis. AdmiN.”
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