2011 - 2012 LEGISLATURE
March 15, 2012 - Offered by Representative Sinicki.
SB306-AA8,1,11 At the locations indicated, amend the bill as follows:
SB306-AA8,1,3 21. Page 1, line 4: after "abortion," insert "voluntary and informed consent for
SB306-AA8,1,4 42. Page 3, line 1: before that line insert:
SB306-AA8,1,5 5" Section 1g. 146.39 of the statutes is created to read:
SB306-AA8,1,7 6146.39 Voluntary and informed consent; vasectomy. (1) Definitions. In
7this section:
SB306-AA8,1,118 (a) "Qualified person assisting the physician" means a social worker certified
9under ch. 457, a registered nurse, or a physician assistant to whom a physician who
10is to perform a vasectomy has delegated the responsibility, as the physician's agent,
11for providing the information required under sub. (2) (c) 2.
SB306-AA8,1,1312 (b) "Qualified physician" means a physician who by training or experience is
13qualified to provide the information required under sub. (2) (c) 1.
1(2) Voluntary and informed consent. (a) Generally. Vasectomies may not be
2performed unless the man who is to receive the vasectomy has given voluntary and
3informed written consent under the requirements of this section.
SB306-AA8,2,134 (b) Voluntary consent. Consent under this section to a vasectomy is voluntary
5only if the consent is given freely and without coercion by any person. The physician
6who is to perform the vasectomy shall determine whether the individual's consent
7is, in fact, voluntary. Notwithstanding par. (c) 3., the physician shall make the
8determination by speaking to the individual in person, out of the presence of anyone
9other than a person working for or with the physician. If the physician has reason
10to suspect that the individual is in danger of being physically harmed by anyone who
11is coercing the individual to consent to a vasectomy against his will, the physician
12shall inform the individual of services for victims or individuals at risk of domestic
13abuse and provide him with private access to a telephone.
SB306-AA8,2,1514 (c) Informed consent. An individual's consent to receive a vasectomy is
15informed only if all of the following first take place:
SB306-AA8,2,1816 1. At least 24 hours before the vasectomy is performed, the physician who
17performs the vasectomy or any other qualified physician has, in person, orally
18informed the individual of all of the following:
SB306-AA8,2,2019 a. Whether or not, according to the reasonable medical judgment of the
20physician, the individual is a candidate for a vasectomy.
SB306-AA8,2,2321 b. The probable condition of the man's body and sexual organs at the time that
22the information is provided. The physician or other qualified physician shall also
23provide this information to the individual in writing at this time.
SB306-AA8,2,2524 c. The particular medical risks, if any, associated with the man's sexual
1d. The probable anatomical and physiological characteristics of the man's
2sexual organs.
SB306-AA8,3,43 e. The details of the medical method that would be used to perform the
SB306-AA8,3,65 f. The medical risks associated with the particular method of vasectomy that
6would be used.
SB306-AA8,3,97 g. The recommended general medical instructions for the individual to follow
8after a vasectomy to enhance his safe recovery and the name and telephone number
9of a physician to call if complications arise after receiving a vasectomy.
SB306-AA8,3,1310 h. That the individual has a right to refuse to consent to a vasectomy, that his
11consent is not voluntary if anyone is coercing him to consent to having a vasectomy
12against his will, and that it is unlawful for the physician to perform a vasectomy
13without his voluntary consent.
SB306-AA8,3,1514 i. That the individual may withdraw his consent to a vasectomy at any point
15before the vasectomy is performed.
SB306-AA8,3,1716 j. That the individual is not required to pay any amount for a vasectomy until
17at least 24 hours have elapsed after the requirements of this paragraph are met.
SB306-AA8,3,2018 k. That the man must return to the facility for a follow-up visit 12 to 18 days
19after a vasectomy to confirm the efficacy of the procedure and evaluate the man's
20medical condition.
SB306-AA8,3,2321 2. At least 24 hours before performing a vasectomy, the physician who is to
22perform the vasectomy, a qualified person assisting the physician, or another
23qualified physician has, in person, done all of the following:
SB306-AA8,4,424 a. Orally informed the man that he has the right to receive and review the
25printed materials described in par. (d). The physician or qualified person assisting

1the physician shall physically give the materials to the individual and shall, in
2person, orally inform him that the materials are free of charge and have been
3provided by the state and shall provide him with the current updated copies of the
4printed materials free of charge.
SB306-AA8,4,75 b. Orally informed the man that the printed materials described in par. (d)
6contain information on services available for victims or individuals at risk of
7domestic abuse.
SB306-AA8,4,108 c. Orally informed the man that the printed materials described in par. (d)
9contain information on the availability of public and private agencies and services
10to provide the individual with information on vasectomies.
SB306-AA8,4,1611 3. The information that is required under subds. 1. and 2. is provided to the
12individual in an individual setting that protects his privacy, maintains the
13confidentiality of his decision, and ensures that the information he receives focuses
14on his individual circumstances. This subdivision may not be construed to prevent
15the individual from having a family member, or any other person of his choice,
16present during his private counseling.
SB306-AA8,4,2017 4. Whoever provides the information that is required under subd. 1. or 2., or
18both, provides adequate opportunity for the man to ask questions and provides the
19information that is requested or indicates to the man where he can obtain the
SB306-AA8,5,421 5. The individual certifies in writing on a form that the department shall
22provide, prior to the vasectomy, that the information that is required under subds.
231. and 2. has been provided to him in the manner specified in subd. 3., that he has
24been offered the information described in par. (d), and that all of his questions, as
25specified under subd. 4., have been answered in a satisfactory manner. The

1physician who is to perform the vasectomy or the qualified person assisting the
2physician shall write on the certification form the name of the physician who is to
3perform the vasectomy. The individual shall indicate on the certification form who
4provided the information to him or her and when it was provided.
SB306-AA8,5,95 6. Prior to performing the vasectomy, the physician who is to perform the
6vasectomy or the qualified person assisting the physician receives the written
7certification that is required under subd. 5. The physician or qualified person
8assisting the physician shall place the certification in the individual's medical record
9and shall provide the individual with a copy of the certification.
SB306-AA8,5,1610 7. If the individual considering a vasectomy is a minor, the requirements to
11provide information to the minor under subds. 1. to 6. apply also to require provision
12of the information to the individual whose consent is required. If the individual
13considering a vasectomy is an individual adjudicated incompetent in this state, the
14requirements to provide information to the individual under subds. 1. to 6. apply to
15also require provision of the information to the person appointed as the individual's
SB306-AA8,5,2517 (d) Printed information. By the date that is 60 days after May 1, 2012, the
18department shall cause to be published in English, Spanish, and other languages
19spoken by a significant number of state residents, as determined by the department,
20materials that are in an easily comprehensible format and are printed in type of not
21less than 12-point size. The department shall distribute a reasonably adequate
22number of the materials to county departments under s. 46.215, 46.22, or 46.23 and,
23upon request, shall annually review the materials for accuracy and shall exercise
24reasonable diligence in providing materials that are accurate and current. The
25materials shall be all of the following:
11. Geographically indexed materials that are designed to inform an individual
2about public and private agencies and services that are available to provide
3information on vasectomies and provide imaging services. The materials shall
4include a comprehensive list of the agencies available, a description of the services
5that they offer, and a description of the manner in which they may be contacted,
6including telephone numbers and addresses, or, at the option of the department, the
7materials shall include a toll-free, 24-hour telephone number that may be called to
8obtain an oral listing of available agencies and services in the locality of the caller
9and a description of the services that the agencies offer and the manner in which they
10may be contacted. The materials shall provide information on the availability of
11governmentally funded programs that serve individuals seeking a vasectomy.
12Services identified for the individual shall include Medical Assistance. The
13materials shall state that it is unlawful to perform a vasectomy for which consent has
14been coerced and that any physician who performs a vasectomy without obtaining
15the individual's voluntary and informed consent is liable to him for damages in a civil
16action and is subject to a civil penalty. The materials shall state that imaging
17services may be obtainable by individuals who wish to use them and shall describe
18the services. The materials shall include information on services in the state that
19are available for victims or individuals at risk of domestic abuse.
SB306-AA8,7,220 2. Materials, including photographs, pictures, or drawings, that are designed
21to show vasectomies. The pictures, drawings, and videos must be realistic and
22appropriate for the method of vasectomy depicted. The materials shall be objective,
23nonjudgmental and designed to convey only accurate scientific information about
24vasectomies. The materials shall also contain objective, accurate information

1describing the methods of vasectomy commonly employed, and the medical and
2psychological risks commonly associated with each such procedure.
SB306-AA8,7,43 3. A certification form for use under par. (c) 5. that lists, in a check-off format,
4all of the information required to be provided under par. (c) 5.
SB306-AA8,7,105 (e) Requirement to obtain materials. A physician who intends to perform
6vasectomies or another qualified physician, who reasonably believes that he or she
7might have a patient for whom the information under par. (d) is required to be given,
8shall request a reasonably adequate number of the materials that are described
9under par. (d) from the department under par. (d) or from a county department under
10s. 46.215, 46.22, or 46.23.
SB306-AA8,7,1711 (f) Presumptions. Satisfaction of the conditions required under par. (c) creates
12a rebuttable presumption that the individual's consent and, if the individual is a
13minor, the consent of the individual who also gives consent, to a vasectomy is
14informed. The presumption of informed consent may be overcome by a
15preponderance of evidence that establishes that the consent was obtained through
16fraud, negligence, deception, misrepresentation or omission of a material fact. There
17is no presumption that consent to a vasectomy is voluntary.
SB306-AA8,7,20 18(3) Penalty. Any person who violates sub. (2) shall be required to forfeit not
19less than $1,000 nor more than $10,000. No penalty may be assessed against the
20man upon whom a vasectomy is performed or attempted to be performed.
SB306-AA8,7,24 21(4) Civil remedies. (a) A person who violates sub. (2) is liable to the man on
22whom the vasectomy is performed or attempted to be performed for damages arising
23out of the performance of the vasectomy, including damages for personal injury and
24emotional and psychological distress.
1(b) A conviction under sub. (3) is not a condition precedent to bringing an action,
2obtaining a judgment, or collecting the judgment under this subsection.
SB306-AA8,8,43 (c) Notwithstanding s. 814.04 (1), a person who recovers damages under par.
4(a) may also recover reasonable attorney fees incurred in connection with the action.
SB306-AA8,8,55 (d) A contract is not a defense to an action under this subsection.
SB306-AA8,8,76 (e) Nothing in this subsection limits the common law rights of a person that are
7not in conflict with sub. (2).
SB306-AA8,8,15 8(5) Affirmative defense. No person is liable under sub. (3) or (4) or under s.
9441.07 (1) (f), 448.02 (3) (a), or 457.26 (2) (gm) for failure under sub. (2) (c) 2. to provide
10the printed materials described in sub. (2) (d) to an individual or for failure under
11sub. (2) (c) 2. to describe the contents of the printed materials if the person has made
12a reasonably diligent effort to obtain the printed materials under sub. (2) (e) and the
13department and the county department under s. 46.215, 46.22, or 46.23 have not
14made the printed materials available at the time that the person is required to give
15them to the individual.".
SB306-AA8,8,16 163. Page 3, line 1: delete " Section 1" and substitute "Section 1r".
SB306-AA8,8,17 174. Page 9, line 23: after that line insert:
SB306-AA8,8,18 18" Section 10k. 441.07 (1) (f) of the statutes is amended to read:
SB306-AA8,8,2019 441.07 (1) (f) A violation of the requirements of s. 146.39 (2) (c) 2., 3., 4., 5., 6.,
20or 7. or
253.10 (3) (c) 2., 3., 4., 5., 6. or 7.
SB306-AA8, s. 10n 21Section 10n. 448.02 (3) (a) of the statutes is amended to read:
SB306-AA8,9,1622 448.02 (3) (a) The board shall investigate allegations of unprofessional conduct
23and negligence in treatment by persons holding a license, certificate or limited
24permit granted by the board. An allegation that a physician has violated s. 146.39

253.10 (3), 448.30 or 450.13 (2) or has failed to mail or present a medical
2certification required under s. 69.18 (2) within 21 days after the pronouncement of
3death of the person who is the subject of the required certificate or that a physician
4has failed at least 6 times within a 6-month period to mail or present a medical
5certificate required under s. 69.18 (2) within 6 days after the pronouncement of death
6of the person who is the subject of the required certificate is an allegation of
7unprofessional conduct. Information contained in reports filed with the board under
8s. 49.45 (2) (a) 12r., 50.36 (3) (b), 609.17 or 632.715, or under 42 CFR 1001.2005, shall
9be investigated by the board. Information contained in a report filed with the board
10under s. 655.045 (1), as created by 1985 Wisconsin Act 29, which is not a finding of
11negligence or in a report filed with the board under s. 50.36 (3) (c) may, within the
12discretion of the board, be used as the basis of an investigation of a person named in
13the report. The board may require a person holding a license, certificate or limited
14permit to undergo and may consider the results of one or more physical, mental or
15professional competency examinations if the board believes that the results of any
16such examinations may be useful to the board in conducting its investigation.
SB306-AA8, s. 10p 17Section 10p. 457.26 (2) (gm) of the statutes is amended to read:
SB306-AA8,9,1918 457.26 (2) (gm) Violated the requirements of s. 146.39 (2) (c) 2., 3., 4., 5., 6., or
197. or
253.10 (3) (c) 2., 3., 4., 5., 6. or 7.".