6. That if the woman asserts that her pregnancy is the result of sexual assault
or incest, the printed materials contain information on counseling services and
support groups for victims of sexual assault and incest and legal protections
available to the woman and her child if she wishes to oppose establishment of
paternity or to terminate the father's parental rights.
If the woman requests it, the physician or qualified person assisting the
physician must provide the woman with a list that specifies public and private
agencies and services that are available to provide her with birth control
information. The list is distributed by county departments of social services or
human services of counties in which are located hospitals, clinics or facilities in
which abortions are performed.
Under the bill, the information that is required to be provided to the woman
and, if the woman is a minor and has not obtained a judicial waiver, the individual
who is also giving consent for the abortion for the minor must be provided in an
individual setting that protects privacy, maintains the confidentiality of the decision
and ensures that the information received focuses on the woman's individual
circumstances. The woman and, if the woman is a minor and has not obtained a
judicial waiver, the individual who is also giving consent for the abortion for the
minor receiving the information must be provided the opportunity to ask questions
and receive requested information, after which the woman and, if the woman is a
minor and has not obtained a judicial waiver, the individual must certify in writing
that the required or requested information has been provided, in the required
setting, and that any questions have been answered. The physician or qualified
person assisting the physician must place this certification in the woman's medical
record prior to performance or inducement of the abortion.
The bill requires that the department of health and social services (DHSS)
publish certain printed materials in English, Spanish and certain other languages,
distribute the materials to county departments of social services and human services
and upon request, annually review the materials for accuracy and exercise
reasonable diligence in providing materials that are current. The materials include
a listing of services and agencies available to provide ultra sound imaging services,
to assist if the unborn child is diagnosed to have a disability or if the pregnancy is
the result of sexual assault or incest or assist a woman through pregnancy, upon
childbirth and while the child is dependent; pictures or drawings that are designed
to inform the woman of probable anatomical and physiological characteristics of the
unborn child at certain increments of the pregnancy; information on the availability
of certain governmentally funded programs; and a form to certify that required
information is provided. The bill requires DHSS and the county departments to
distribute the materials, upon request, and authorizes the charging of a fee, not to
exceed the actual costs of preparation and distribution, for them. Under the bill,
physicians who intend to perform or induce an abortion, or other qualified physicians
who believe they may have a patient for whom the materials must be provided, must
request a reasonably adequate number of these materials from DHSS or a county
department. Other persons may request a reasonably adequate number of these
materials. DHSS also is authorized, under the bill, to maintain a 24-hour toll-free
telephone service to provide the listing of available agencies in the locality of the
caller, a description of the services that the agencies offer and the manner in which
they may be contacted.
The bill creates a forfeiture and provides civil remedies for violation of the
informed consent requirements. The bill also creates provisions that include
violations of the informed consent requirements as bases for allegations of
unprofessional conduct for licensed physicians, licensed registered nurses and
certified social workers.
Lastly, the bill expands the types of information required to be reported to
DHSS concerning induced abortions to include, for a minor, whether consent for the
minor's abortion was obtained and, if so, the relationship to the minor of the
individual who provided consent or if not, on what basis the abortion was performed.
Current U.S. supreme court opinion:
In Planned Parenthood v. Casey, 505 U.S. ...., 112 S.Ct. 2791 (1992), 3 justices
of the U.S. supreme court delivered a plurality opinion that specifically overruled the
court's previous holding in City of Akron v. Akron Center for Reproductive Health, 462
U.S. 416, 103 S.Ct. 2481 (1983) and found that a 24-hour waiting period prior to
performance of an abortion does not constitute an undue burden on a woman's
procurement of an abortion. Casey, at 2825, 2826. With respect to the informed
consent requirement of the Pennsylvania law in question, the 3 justices found that
"... requiring that the woman be informed of the availability of information relating
to fetal development and the assistance available should she decide to carry the
pregnancy to full term is a reasonable measure to insure an informed choice ...." Id.,
at 2824. They stated, "In attempting to ensure that a woman apprehend the full
consequences of her decision, the State furthers the legitimate purpose of reducing
the risk that a woman may elect an abortion, only to discover later, with devastating
psychological consequences, that her decision was not fully informed. If the
information the State requires to be made available to the woman is truthful and not
misleading, the requirement may be permissible." Id., at 2823. (The Pennsylvania
law reviewed in Casey required that the physician who is to perform the abortion, the
referring physician or a qualified physician assistant, health care practitioner,
technician or social worker orally inform the pregnant woman about the proposed
procedure, medical risks, the probable gestational age of the unborn child,
alternatives to abortion, medical assistance benefits and the liability of the father for
child support and that the Pennsylvania department publishes and will provide to
her, free of charge, if she chooses to review it, printed materials designed to inform
the woman of the probable anatomical and physiological characteristics of the
unborn child at 2-week gestational increments from fertilization to full term.) The
3 justices noted that the Pennsylvania statute requiring provision of information "...
does not require a physician to comply with the informed consent provisions `if he or
she can demonstrate by a preponderance of the evidence, that he or she reasonably
believed that furnishing the information would have resulted in a severely adverse
effect on the physical or mental health of the patient ...' " and "... does not prevent the
physician from exercising his or her medical judgment." Id., at 2824.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
246.245 Information for certain pregnant women.
A county department 3
under s. 46.215, 46.22 or 46.23 shall do all of the following:
Upon request, distribute the materials described under s. 253.10 (3) (d), as 5
prepared and distributed by the department. The county department may charge 6
a fee not to exceed the actual cost of preparation and distribution of the materials. 7
A physician who intends to perform or induce an abortion or another qualified
physician, as defined in s. 253.10 (2) (g), who reasonably believes that he or she might 2
have a patient for whom the information under s. 253.10 (3) (d) is required to be 3
given, shall request a reasonably adequate number of the materials from the county 4
department under this subsection or from the department under s. 253.10 (3) (d). An 5
individual may request a reasonably adequate number of the materials.
In any county in which a hospital, clinic or other facility in which abortions 7
are performed is located, prepare the list specified under s. 253.10 (3) (cm) and 8
distribute the list to each of those hospitals, clinics or other facilities.
(a) 1. The person or the person's agent has, either directly or through 11
a referring physician or his or her agent, received and made part of the minor's 12
medical record, under the requirements of s. 253.10,
the voluntary and informed 13
written consent of the minor and the voluntary and informed
written consent of one 14
of her parents; or of the minor's guardian or legal custodian, if one has been 15
appointed; or of an adult family member of the minor; or of one of the minor's foster 16
parents or treatment foster parents, if the minor has been placed in a foster home 17
or treatment foster home and the minor's parent has signed a waiver granting the 18
department, a county department, the foster parent or the treatment foster parent 19
the authority to consent to medical services or treatment on behalf of the minor.
(j) If the patient is a minor, whether consent was provided under s. 22
48.375 (4) (a) 1. for the abortion and, if so, the relationship of the individual providing 23
consent to the minor; or, if consent under s. 48.375 (4) (a) 1. was not provided, on 24
which of the bases under s. 48.375 (4) (a) 2. or (b) 1., 1g., 1m., 2. or 3. the abortion was 25
2253.10 Voluntary and informed consent for abortions.
3findings and intent.
(a) The legislature finds that:
1. Many women now seek or are encouraged to undergo elective abortions 5
without full knowledge of the medical and psychological risks of abortion, 6
development of the unborn child or of alternatives to abortion. An abortion decision 7
is often made under stressful circumstances.
2. The knowledgeable exercise of a woman's decision to have an elective 9
abortion depends on the extent to which the woman receives sufficient information 10
to make a voluntary and informed choice between 2 alternatives of great 11
consequence: carrying a child to birth or undergoing an abortion.
3. The U.S. supreme court has stated: "In attempting to ensure that a woman 13
apprehend the full consequences of her decision, the State furthers the legitimate 14
purpose of reducing the risk that a woman may elect an abortion, only to discover 15
later, with devastating psychological consequences, that her decision was not fully 16
informed." Planned Parenthood of Southeastern Pennsylvania v. Casey, 112 U.S. 17
2791, 2823 (1992).
4. It is essential to the psychological and physical well-being of a woman 19
considering an elective abortion that she receive complete and accurate information 20
on all options available to her in dealing with her pregnancy.
5. The vast majority of elective abortions in this state are performed in clinics 22
that are devoted solely to providing abortions and family planning services. Women 23
who seek elective abortions at these facilities normally do not have a prior 24
patient-physician relationship with the physician who is to perform or induce the 25
abortion, normally do not return to the facility for post-operative care and normally
do not continue a patient-physician relationship with the physician who performed 2
or induced the abortion. In most instances, the woman's only actual contact with the 3
physician occurs simultaneously with the abortion procedure, with little opportunity 4
to receive personal counseling by the physician concerning her decision. Because of 5
this, certain safeguards are necessary to protect a woman's right to know.
6. A reasonable waiting period is critical to ensure that a woman has the fullest 7
opportunity to give her voluntary and informed consent before she elects to undergo 8
(b) It is the intent of the legislature in enacting this section to further the 10
important and compelling state interests in all of the following:
1. Protecting the life and health of the woman subject to an elective abortion 12
and, to the extent constitutionally permissible, the life of her unborn child.
2. Fostering the development of standards of professional conduct in the 14
practice of abortion.
3. Ensuring that prior to the performance or inducement of an elective abortion, 16
the woman considering an elective abortion receive personal counseling by the 17
physician and be given a full range of information regarding her pregnancy, her 18
unborn child, the abortion, the medical and psychological risks of abortion and 19
available alternatives to the abortion.
4. Ensuring that a woman who decides to have an elective abortion gives her 21
voluntary and informed consent to the abortion procedure.
In this section:
(a) "Abortion" means the use of an instrument, medicine, drug or other 24
substance or device with intent to terminate the pregnancy of a woman known to be 25
pregnant or for whom there is reason to believe that she may be pregnant and with
intent other than to increase the probability of a live birth, to preserve the life or 2
health of the infant after live birth or to remove a dead fetus.
(b) "Agency" means a private nonprofit organization or a county department 4
under s. 46.215, 46.22 or 46.23.
(c) "Disability" means a physical or mental impairment that substantially 6
limits one or more major life activities, a record of having such an impairment or 7
being regarded as having such an impairment. "Disability" includes any physical 8
disability or developmental disability, as defined in s. 51.01 (5) (a).
(d) "Medical emergency" means a condition, in a physician's reasonable medical 10
judgment, that so complicates the medical condition of a pregnant woman as to 11
necessitate the immediate abortion of her pregnancy to avert her death or for which 12
a 24-hour delay in performance or inducement of an abortion will create serious risk 13
of substantial and irreversible impairment of one or more of the woman's major 14
(e) "Probable gestational age of the unborn child" means the number of weeks 16
that have elapsed from the probable time of fertilization of a woman's ovum, based 17
on the information provided by the woman as to the time of her last menstrual period, 18
her medical history, a physical examination performed by the physician who is to 19
perform or induce the abortion or by any other qualified physician and any 20
appropriate laboratory tests performed on her.
(f) "Qualified person assisting the physician" means a social worker certified 22
under ch. 457, a registered nurse or a physician assistant to whom a physician who 23
is to perform or induce an abortion has delegated the responsibility, as the 24
physician's agent, for providing the information required under sub. (3) (c) 2.
(g) "Qualified physician" means a physician who by training or experience is 2
qualified to provide the information required under sub. (3) (c) 1.
(h) "Viability" has the meaning given in s. 940.15 (1).
4(3) Voluntary and informed consent.
An abortion may not be 5
performed or induced unless the woman upon whom the abortion is to be performed 6
or induced has and, if the woman is a minor and s. 48.375 (4) (a) 2. does not apply, 7
the individual who also gives consent under s. 48.375 (4) (a) 1. have given voluntary 8
and informed written consent under the requirements of this section.
(b) Voluntary consent.
Consent under this section to an abortion is voluntary 10
only if the consent is given freely and without coercion by any person.
(c) Informed consent.
Except if a medical emergency exists, a woman's consent 12
to an abortion is informed only if all of the following first take place:
1. At least 24 hours before the abortion is to be performed or induced, the 14
physician who is to perform or induce the abortion or any other qualified physician 15
has, in person, orally informed the woman of all of the following:
a. Whether or not, according to the reasonable medical judgment of the 17
physician, the woman is pregnant.
b. The probable gestational age of the unborn child at the time that the 19
information is provided. The physician or other qualified physician shall also 20
provide this information to the woman in writing at this time.
c. The particular medical risks, if any, associated with the woman's pregnancy.
d. The probable anatomical and physiological characteristics of the woman's 23
unborn child at the time the information is given.
e. The details of the medical or surgical method that would be used in 25
performing or inducing the abortion.
f. The medical risks associated with the particular abortion procedure that 2
would be used, including the risks of infection, psychological trauma, hemorrhage, 3
endometritis, perforated uterus, incomplete abortion, failed abortion, danger to 4
subsequent pregnancies and infertility.
g. That fetal ultrasound imaging and auscultation of fetal heart tone services 6
are available that enable a pregnant woman to view the image or hear the heartbeat 7
of her unborn child. In so informing the woman and describing these services, the 8
physician shall advise the woman as to how she may obtain these services if she 9
desires to do so.
h. The recommended general medical instructions for the woman to follow after 11
an abortion to enhance her safe recovery and the name and telephone number of a 12
physician to call if complications arise after the abortion.
i. If, in the reasonable medical judgment of the physician, the woman's unborn 14
child has reached viability, that the physician who is to perform or induce the 15
abortion is required to take all steps necessary under s. 940.15 to preserve and 16
maintain the life and health of the child.
j. Any other information that a reasonable patient would consider material and 18
relevant to a decision of whether or not to carry a child to birth or to undergo an 19
k. That the woman may withdraw her consent to have an abortion at any time 21
before the abortion is performed or induced.
L. That the woman is not required to pay any amount for performance or 23
inducement of the abortion until at least 24 hours have elapsed after the 24
requirements of this paragraph are met.
2. At least 24 hours before the abortion is to be performed or induced, the 2
physician who is to perform or induce the abortion, a qualified person assisting the 3
physician or another qualified physician has, in person, orally informed the woman 4
of all of the following:
a. That benefits under the medical assistance program may be available for 6
prenatal care, childbirth and neonatal care.
b. That the father of the unborn child is liable for assistance in the support of 8
the woman's child, if born, even if the father has offered to pay for the abortion.
c. That the woman has a legal right to continue her pregnancy and to keep the 10
child, place the child in foster care, place the child with a relative for adoption or 11
petition the court for placement of the child for adoption in the home of a person who 12
is not a relative.
d. That the woman has the right to receive and review the printed materials 14
described in par. (d). The physician or qualified person assisting the physician shall 15
physically give the materials to the woman and shall, in person, orally inform her 16
that the materials are free of charge, have been provided by the state and describe 17
the unborn child and list agencies that offer alternatives to abortion and shall 18
provide her with the current updated copies of the printed materials free of charge.
e. If the woman has received a diagnosis of disability for her unborn child, that 20
the printed materials described in par. (d) contain information on community-based 21
services and financial assistance programs for children with disabilities and their 22
families, information on support groups for people with disabilities and parents of 23
children with disabilities and information on adoption of children with special needs.
f. If the woman asserts that her pregnancy is the result of sexual assault or 25
incest, that the printed materials described in par. (d) contain information on
counseling services and support groups for victims of sexual assault and incest and 2
legal protections available to the woman and her child if she wishes to oppose 3
establishment of paternity or to terminate the father's parental rights.
g. The availability of public and private agencies and services to provide the 5
woman with birth control information, including natural family planning 6
3. The information that is required under subds. 1. and 2. is provided to the 8
woman in an individual setting that protects her privacy, maintains the 9
confidentiality of her decision and ensures that the information she receives focuses 10
on her individual circumstances. This subdivision may not be construed to prevent 11
the woman from having a family member, or any other person of her choice, present 12
during her private counseling.
4. Whoever provides the information that is required under subd. 1. or 2., or 14
both, provides adequate opportunity for the woman to ask questions, including 15
questions concerning the pregnancy, her unborn child, abortion, foster care and 16
adoption, and provides the information that is requested or indicates to the woman 17
where she can obtain the information.
5. The woman certifies in writing on a form that the department shall provide, 19
prior to performance or inducement of the abortion, that the information that is 20
required under subds. 1. and 2. has been provided to her in the manner specified in 21
subd. 3., that she has been offered the information described in par. (d) and that all 22
of her questions, as specified under subd. 4., have been answered in a satisfactory 23
manner. The physician who is to perform or induce the abortion or the qualified 24
person assisting the physician shall write on the certification form the name of the
physician who is to perform or induce the abortion. The woman shall indicate on the 2
certification form who provided the information to her and when it was provided.
6. Prior to the performance or the inducement of the abortion, the physician 4
who is to perform or induce the abortion or the qualified person assisting the 5
physician receives the written certification that is required under subd. 5. The 6
physician or qualified person assisting the physician shall place the certification in 7
the woman's medical record and shall provide the woman with a copy of the 8
7. If the woman considering an abortion is a minor, unless s. 48.375 (4) (a) 2. 10
applies, the requirements to provide information to the woman under subds. 1. to 6. 11
apply to also require provision of the information to the individual whose consent is 12
also required under s. 48.375 (4) (a) 1. If the woman considering an abortion has been 13
adjudicated incompetent under ch. 880, the requirements to provide information to 14
the woman under subds. 1. to 6. apply to also require provision of the information to 15
the person appointed as the woman's guardian.
(cm) List upon request.
Upon request of the woman receiving information 17
under par. (c), the physician who is to perform or induce the abortion, a qualified 18
person assisting the physician or another qualified physician shall provide the 19
woman with the list distributed under s. 46.245 (2) by a county department. The list 20
shall specify public and private agencies and services that are available to provide 21
the woman with birth control information, including natural family planning 22
(d) Printed information.
By the date that is 60 days after the effective date of 24
this paragraph .... [revisor inserts date], the department shall cause to be published 25
in English, Spanish, and other languages spoken by a significant number of state
residents, as determined by the department, materials that are in an easily 2
comprehensible format and are printed in type of not less than 12-point size. The 3
department shall distribute a reasonably adequate number of the materials to 4
county departments as specified under s. 46.245 (1) and upon request, annually 5
review the materials for accuracy and exercise reasonable diligence in providing 6
materials that are accurate and current. The department may charge a fee not to 7
exceed the actual cost of the preparation and distribution of the materials. The 8
materials shall be all of the following:
1. Geographically indexed materials that are designed to inform a woman 10
about public and private agencies, including adoption agencies, and services that are 11
available to provide ultrasound imaging services, to assist her if she has received a 12
diagnosis that her unborn child has a disability or if her pregnancy is the result of 13
sexual assault or incest and to assist her through pregnancy, upon childbirth and 14
while the child is dependent. The materials shall include a comprehensive list of the 15
agencies available, a description of the services that they offer and a description of 16
the manner in which they may be contacted, including telephone numbers and 17
addresses, or, at the option of the department, the materials shall include a toll-free, 18
24-hour telephone number that may be called to obtain an oral listing of available 19
agencies and services in the locality of the caller and a description of the services that 20
the agencies offer and the manner in which they may be contacted. The materials 21
shall provide information on the availability of governmentally funded programs 22
that serve pregnant women and children. Services identified for the woman shall 23
include aid to families with dependent children under s. 49.19, medical assistance 24
for pregnant women and children under s. 49.47 (4) (am), the job opportunities and 25
basic skills program under s. 49.193, the availability of family or medical leave under
s. 103.10, child care services, child support laws and programs and the credit for 2
expenses for household and dependent care and services necessary for gainful 3
employment under section 21
of the internal revenue code. The materials shall state 4
that it is unlawful for any person to coerce a woman to undergo an abortion, that any 5
physician who performs or induces an abortion without obtaining the woman's 6
voluntary and informed consent is liable to her for damages in a civil action and is 7
subject to a civil penalty, that the father of a child is liable for assistance in the 8
support of the child, even in instances in which the father has offered to pay for an 9
abortion, and that adoptive parents may pay the costs of prenatal care, childbirth 10
and neonatal care. The materials shall include information, for a woman whose 11
pregnancy is the result of sexual assault or incest, on legal protections available to 12
the woman and her child if she wishes to oppose establishment of paternity or to 13
terminate the father's parental rights. The materials shall state that fetal 14
ultrasound imaging and auscultation of fetal heart tone services are obtainable by 15
pregnant women who wish to use them and shall describe the services.
2. Materials, including photographs, pictures or drawings, that are designed 17
to inform the woman of the probable anatomical and physiological characteristics of 18
the unborn child at 2-week gestational increments for the first 16 weeks of her 19
pregnancy and at 4-week gestational increments from the 17th week of the 20
pregnancy to full term, including any relevant information regarding the time at 21
which the unborn child could possibly be viable. The pictures or drawings must 22
contain the dimensions of the unborn child and must be realistic and appropriate for 23
the stage of pregnancy depicted. The materials shall be objective, nonjudgmental 24
and designed to convey only accurate scientific information about the unborn child 25
at the various gestational ages, including appearance, mobility, brain and heart
activity and function, tactile sensitivity and the presence of internal organs and 2
external members. The materials shall also contain objective, accurate information 3
describing the methods of abortion procedures commonly employed, the medical and 4
psychological risks commonly associated with each such procedure, including the 5
risks of infection, psychological trauma, hemorrhage, endometritis, perforated 6
uterus, incomplete abortion, failed abortion, danger to subsequent pregnancies and 7
infertility, and the medical risks commonly associated with carrying a child to birth.
3. A certification form for use under par. (c) 5. that lists, in a check-off format, 9
all of the information required to be provided under that subdivision.
(e) Requirement to obtain materials.
A physician who intends to perform or 11
induce an abortion or another qualified physician, who reasonably believes that he 12
or she might have a patient for whom the information under par. (d) is required to 13
be given, shall request a reasonably adequate number of the materials that are 14
described under par. (d) from the department under par. (d) or from a county 15
department as specified under s. 46.245 (1).
(f) Medical emergency.
If a medical emergency exists, the physician who is to 17
perform or induce the abortion necessitated by the medical emergency shall inform 18
the woman, prior to the abortion if possible, of the medical indications supporting the 19
physician's reasonable medical judgment that an immediate abortion is necessary 20
to avert her death or that a 24-hour delay in performance or inducement of an 21
abortion will create a serious risk of substantial and irreversible impairment of one 22
or more of the woman's major bodily functions. If possible, the physician shall obtain 23
the woman's written consent prior to the abortion. The physician shall certify these 24
medical indications in writing and place the certification in the woman's medical 25
Satisfaction of the conditions required under par. (c) creates 2
a rebuttable presumption that the woman's consent and, if the woman is a minor and 3
if s. 48.375 (4) (a) 2. does not apply, the consent of the individual who also gives 4
consent under s. 48.375 (4) (a) 1. to an abortion is informed. The presumption of 5
informed consent may be overcome by a preponderance of evidence that establishes 6
that the consent was obtained through fraud, negligence, deception, 7
misrepresentation or omission of a material fact. There is no presumption that 8
consent to an abortion is voluntary.
The department may maintain a toll-free telephone number that 10
is available 24 hours each day, to provide the materials specified in sub. (3) (d) 1.
Any person who violates sub. (3) shall be required to forfeit not 12
less than $5,000 nor more than $10,000.
13(6) Civil remedies.
(a) A person who violates sub. (3) is liable to the woman 14
on or for whom the abortion was performed or induced for damages arising out of the 15
performance or inducement of the abortion, including damages for personal injury 16
and emotional and psychological distress.
(b) A person who has been awarded damages under par. (a) shall, in addition 18
to any damages awarded under par. (a), be entitled to not less than $5,000 nor more 19
than $10,000 in punitive damages for a violation that satisfies a standard under s. 20
(c) A conviction under sub. (5) is not a condition precedent to bringing an action, 22
obtaining a judgment or collecting the judgment under this subsection.
(d) Notwithstanding s. 814.04 (1), a person who recovers damages under par. 24
(a) or (b) may also recover reasonable attorney fees incurred in connection with the 25
(e) A contract is not a defense to an action under this subsection.
(f) Nothing in this subsection limits the common law rights of a person that are 3
not in conflict with sub. (3).
4(7) Affirmative defense.
No person is liable under sub. (5) or (6) or under s. 5
441.07 (1) (f) or 457.26 (2) (gm) for failure under sub. (3) (c) 2. d. to provide the printed 6
materials described in sub. (3) (d) to a woman or for failure under sub. (3) (c) 2. d., 7
e. or f. to describe the contents of the printed materials if the person has made a 8
reasonably diligent effort to obtain the printed materials under sub. (3) (e) and s. 9
46.245 (1) and the department and the county department under s. 46.215, 46.22 or 10
46.23 have not made the printed materials available at the time that the person is 11
required to give them to the woman.
Nothing in this section may be construed as creating or 13
recognizing a right to abortion or as making lawful an abortion that is otherwise 14
(f) A violation of the requirements of s. 253.10 (3) (c) 2., 3., 4., 5., 6. 17