LRB-2766/1
TJD:sac:ph
2013 - 2014 LEGISLATURE
February 20, 2014 - Introduced by Senators Erpenbach, Shilling,
Harris, Hansen,
Risser, L. Taylor, T. Cullen, Lehman, Miller, Lassa, Wirch, Vinehout and
C. Larson, cosponsored by Representatives Pasch,
C. Taylor, Wright, Danou,
Ohnstad, Berceau, Milroy, Kolste, Sargent, Shankland, Sinicki, Goyke,
Genrich, Barnes, Johnson, Mason, Pope, Bewley, Kahl, Ringhand, Kessler,
Riemer, Billings, Clark, Hebl, Zepnick, Wachs, Hintz, Bernard Schaber,
Zamarripa, Young and Hesselbein. Referred to Committee on Health and
Human Services.
SB623,1,7
1An Act to repeal 253.095, 253.10 (3) (c) 1. gm., 253.10 (3) (em), 253.10 (3g),
2253.10 (6) (am) and 253.10 (6) (dm);
to amend 253.10 (3) (c) (intro.), 253.10 (3)
3(c) 5., 253.10 (3) (d) 1., 253.10 (3m) (a) (intro.), 253.10 (5) and 253.10 (6) (b); and
4to create 253.10 (3) (c) 1. gg. of the statutes;
relating to: eliminating
5requirement to have an ultrasound before obtaining an abortion and
6eliminating requirement that physicians performing abortions have admitting
7privileges at certain hospitals.
Analysis by the Legislative Reference Bureau
Under current law, a woman upon whom an abortion is to be performed or
induced must give voluntary and informed written consent to the abortion. Under
current law, with certain exceptions, a woman's consent to an abortion is considered
informed only if, at least 24 hours before the abortion is performed or induced, the
physician or an assistant has, in person, orally provided the woman with certain
information and given to the woman certain written materials. Before the
enactment of
2013 Wisconsin Act 37, the information required to be orally provided
by the physician performing or inducing the abortion or another qualified physician
to the woman included that fetal ultrasound imaging and auscultation of fetal heart
tone services are available and how to obtain ultrasound imaging and auscultation
services if she desires to do so. In
2013 Wisconsin Act 37, this requirement to provide
information about obtaining fetal ultrasound imaging and auscultation services was
eliminated. This bill reinstates the requirement to provide information on fetal
ultrasound imaging and auscultation services as it was before enactment of
2013
Wisconsin Act 37.
Current law requires, except in a medical emergency and except in the situation
where the pregnancy is the result of sexual assault, that before a person may perform
or induce an abortion the physician who is to perform or induce the abortion or any
physician requested by the pregnant woman must do all of the following or shall
arrange for a person who is qualified to perform an ultrasound to do all of the
following: perform an ultrasound on the pregnant woman using whichever
transducer the woman chooses; provide a simultaneous oral explanation during the
ultrasound; display the ultrasound images so that the pregnant woman may view
them; provide a medical description of the ultrasound images; and provide a means
for the pregnant woman to visualize any fetal heartbeat, if detectable by the chosen
ultrasound transducer type, and a simultaneous oral explanation of the visual
display of the heartbeat (ultrasound requirements). Current law requires that, as
part of the information a physician must provide a pregnant woman at least 24 hours
before an abortion is performed or induced, the physician must tell the pregnant
woman that she is required to obtain an ultrasound and must provide her a list of
facilities that provide ultrasounds at no cost. This bill eliminates all of the
ultrasound requirements and the requirement that the pregnant woman be told she
is required to have an ultrasound performed before obtaining an abortion.
Current law prohibits a physician from performing an abortion unless he or she
has admitting privileges in a hospital within 30 miles of the location where the
abortion is to be performed (admitting privilege requirement). On July 8, 2013, a
judge in a federal district court temporarily enjoined enforcement of this admitting
privilege requirement at certain clinics until further hearings on the issue. The bill
eliminates the admitting privilege requirement.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB623,3,3
1253.10
(3) (c)
Informed consent. (intro.) Except if a medical emergency exists
2and subject to sub. (3g), a woman's consent to an abortion is informed only if all of
3the following first take place:
SB623,3
4Section
3. 253.10 (3) (c) 1. gg. of the statutes is created to read:
SB623,3,95
253.10
(3) (c) 1. gg. That fetal ultrasound imaging and auscultation of fetal
6heart tone services are available that enable a pregnant woman to view the image
7or hear the heartbeat of her unborn child. In so informing the woman and describing
8these services, the physician shall advise the woman as to how she may obtain these
9services if she desires to do so.
SB623,4,414
253.10
(3) (c) 5. The woman certifies in writing on a form that the department
15shall provide, prior to performance or inducement of the abortion, that the
16information that is required under subds. 1. and 2. has been provided to her in the
17manner specified in subd. 3.,
that the ultrasound required under sub. (3g) has been
18performed or that requirement is waived under sub. (3m) (a), that she has been
19offered the information described in par. (d) and that all of her questions, as specified
20under subd. 4., have been answered in a satisfactory manner. The physician who is
21to perform or induce the abortion or the qualified person assisting the physician shall
22write on the certification form the name of the physician who is to perform or induce
23the abortion. The woman shall indicate on the certification form who provided the
24information to her and when it was provided
and who performed the ultrasound and
25when it was performed, unless the ultrasound requirement is waived under sub. (3m)
1(a). If the ultrasound required under sub. (3g) was performed at a facility other than
2the facility where the physician who is to perform or induce the abortion is located,
3the woman shall provide to the physician who is to perform or induce the abortion
4the certification form described under sub. (3g) (d).
SB623,5,167
253.10
(3) (d) 1. Geographically indexed materials that are designed to inform
8a woman about public and private agencies, including adoption agencies, and
9services that are available to provide information on family planning, as defined in
10s. 253.07 (1) (a), including natural family planning information, to provide
11ultrasound imaging services, to assist her if she has received a diagnosis that her
12unborn child has a disability or if her pregnancy is the result of sexual assault or
13incest and to assist her through pregnancy, upon childbirth and while the child is
14dependent. The materials shall include a comprehensive list of the agencies
15available, a description of the services that they offer and a description of the manner
16in which they may be contacted, including telephone numbers and addresses, or, at
17the option of the department, the materials shall include a toll-free, 24-hour
18telephone number that may be called to obtain an oral listing of available agencies
19and services in the locality of the caller and a description of the services that the
20agencies offer and the manner in which they may be contacted. The materials shall
21provide information on the availability of governmentally funded programs that
22serve pregnant women and children. Services identified for the woman shall include
23medical assistance for pregnant women and children under s. 49.47 (4) (am) and
2449.471, the availability of family or medical leave under s. 103.10, the Wisconsin
25works program under ss. 49.141 to 49.161, child care services, child support laws and
1programs and the credit for expenses for household and dependent care and services
2necessary for gainful employment under section
21 of the Internal Revenue Code.
3The materials shall state that it is unlawful to perform an abortion for which consent
4has been coerced, that any physician who performs or induces an abortion without
5obtaining the woman's voluntary and informed consent is liable to her for damages
6in a civil action and is subject to a civil penalty, that the father of a child is liable for
7assistance in the support of the child, even in instances in which the father has
8offered to pay for an abortion, and that adoptive parents may pay the costs of
9prenatal care, childbirth and neonatal care. The materials shall include
10information, for a woman whose pregnancy is the result of sexual assault or incest,
11on legal protections available to the woman and her child if she wishes to oppose
12establishment of paternity or to terminate the father's parental rights.
The
13materials shall state that fetal ultrasound imaging and auscultation of fetal heart
14tone services are obtainable by pregnant women who wish to use them and shall
15describe the services. The materials shall include information on services in the
16state that are available for victims or individuals at risk of domestic abuse.
SB623,5,2523
253.10
(3m) (a) (intro.) A woman seeking an abortion may waive the 24-hour
24period required under sub. (3) (c) 1. (intro.) and L. and 2. (intro.)
and may waive all
25of the requirements under sub. (3g) if all of the following are first done:
SB623,6,63
253.10
(5) Penalty. Any person who violates sub. (3)
, (3g) (a), or (3m) (a) 2. or
4(b) 2. shall be required to forfeit not less than $1,000 nor more than $10,000. No
5penalty may be assessed against the woman upon whom the abortion is performed
6or induced or attempted to be performed or induced.
SB623,6,1411
253.10
(6) (b) A person who has been awarded damages under par. (a)
or (am)
12shall, in addition to any damages awarded under par. (a)
or (am), be entitled to not
13less than $1,000 nor more than $10,000 in punitive damages for a violation that
14satisfies a standard under s. 895.043 (3).
