AB434,2,8
7253.083 Limited services pregnancy centers; false advertising. (1) In
8this section:
AB434,2,99
(a) "Abortion" has the meaning given in s. 253.10 (2) (a).
AB434,2,1110
(b) "Client" means an individual who is inquiring about or seeking services at
11a pregnancy services center.
AB434,2,1212
(c) "Emergency contraception" has the meaning given in s. 50.375 (1) (a).
AB434,2,1513
(d) "Health information" means any oral or written information in any form or
14medium that relates to the physical or mental health or condition of a client and any
15information in any form that relates to a client's health insurance.
AB434,2,1716
(e) "Licensed health care provider" means a physician licensed under subch. II
17of ch. 448.
AB434,3,3
1(f) "Limited services pregnancy center" means a pregnancy services center that
2does not directly provide abortions or emergency contraception to clients or provide
3referrals to clients for abortions or emergency contraception.
AB434,3,84
(g) "Pregnancy services center" means a facility, including a mobile facility, the
5primary purpose of which is to provide services to women who are or may be pregnant
6and that offers obstetric ultrasounds, obstetric sonograms, or prenatal care to
7pregnant women or has the appearance of a medical facility. A pregnancy services
8center has the appearance of a medical facility if at least 2 of the following apply:
AB434,3,99
1. The facility offers pregnancy testing or pregnancy diagnosis.
AB434,3,1010
2. The facility has staff or volunteers who wear medical attire or uniforms.
AB434,3,1111
3. The facility contains one or more examination tables.
AB434,3,1312
4. The facility contains a private or semi-private room or area containing
13medical supplies or medical instruments.
AB434,3,1514
5. The facility has staff or volunteers who collect health information from
15clients.
AB434,3,1816
6. The facility shares space with a licensed health care provider or is located
17on the same premises as a state-licensed medical facility or a licensed health care
18provider.
AB434,3,2019
(h) "Prenatal care" means a physical examination, pelvic examination, or
20clinical laboratory service that is provided to a woman during pregnancy.
AB434,4,3
21(2) (a) A limited services pregnancy center that offers or intends to offer
22pregnancy-related services, directly or indirectly, may not make or disseminate or
23cause to be made or disseminated any advertisement in any medium, including in
24a newspaper, magazine, pamphlet, or the Internet, that contains a statement or an
25omission of material fact related to the services it offers or intends to offer to clients
1that is untrue or misleading and that the limited services pregnancy center knew or
2should have known was untrue or misleading when the advertisement was created,
3published, or republished.
AB434,4,94
(b) A limited services pregnancy center that offers or intends to offer
5pregnancy-related services, directly or indirectly, may not make or disseminate, or
6cause to be made or disseminated a misleading or untrue statement concerning the
7services it offers or intends to offer to clients as part of a plan not to perform services
8that the limited services pregnancy center advertises that it offers, explicitly or by
9implication.
AB434,4,14
10(3) (a) Subject to par. (b), if the attorney general or a district attorney has
11reason to believe that a limited services pregnancy center has violated sub. (2), the
12attorney general or district attorney may bring an action in the name of the state
13against the limited services pregnancy center for injunctive relief to restrain the
14violation.
AB434,4,2215
(b) Before an action may be commenced under par. (a), the attorney general or
16district attorney shall notify the limited services pregnancy center, in writing, of the
17violation. The notice shall specifically identify the violation, including a description
18of the untrue information or omission of material fact, and provide the limited
19services pregnancy center 10 days in which to cure the violation. If the limited
20services pregnancy center fails to cure the violation within 10 days, as determined
21by the attorney general or district attorney, the attorney general or district attorney
22may commence an action under par. (a).
AB434,4,2423
(c) If a court finds that a limited services pregnancy center violated this section,
24the court may issue an injunction that requires any of the following:
AB434,5,3
11. That the limited services pregnancy center pay for and disseminate
2corrective advertising in the same form as the advertisement that is the basis of the
3violation.
AB434,5,64
2. That the limited services pregnancy center post a notice on its premises, in
5a location that is readily visible to clients in any waiting area or in each examination
6room that states all of the following:
AB434,5,77
a. Whether there is a licensed physician on staff at the center.
AB434,5,98
b. Whether abortions, emergency contraception, or referrals for abortions or
9emergency contraception are available at the center.
AB434,5,1210
3. Any other narrowly tailored relief that the court considers necessary to
11remedy the adverse effects of the false, misleading, or deceptive advertising toward
12women seeking pregnancy-related services.
AB434,5,1413
(d) A court may require each person who violates sub. (2) to forfeit an amount
14not less than $50 nor more than $500 per violation.
AB434,5,2215
(e) In addition to the forfeitures provided under par. (d), the court may award
16the reasonable and necessary expenses of the investigation and prosecution,
17including attorney fees, to the state if the action was brought by the attorney general
18or to the county, if the action was brought by the district attorney. The department
19of justice shall deposit in the state treasury for deposit into the general fund all
20moneys that the court awards to the state under this paragraph. The costs of
21investigation and the expenses of prosecution, including attorney fees, shall be
22credited to the appropriation account under s. 20.455 (1) (gh).
