AB441-ASA1,9,128 f. If the woman asserts that her pregnancy is the result of sexual assault or
9incest, that the printed materials described in par. (d) contain information on
10counseling services and support groups for victims of sexual assault and incest and
11legal protections available to the woman and her child if she wishes to oppose
12establishment of paternity or to terminate the father's parental rights.
AB441-ASA1,9,1513 g. The availability of public and private agencies and services to provide the
14woman with birth control information, including natural family planning
15information.
AB441-ASA1,9,2116 3. The information that is required under subds. 1. and 2. is provided to the
17woman in an individual setting that protects her privacy, maintains the
18confidentiality of her decision and ensures that the information she receives focuses
19on her individual circumstances. This subdivision may not be construed to prevent
20the woman from having a family member, or any other person of her choice, present
21during her private counseling.
AB441-ASA1,9,2422 4. Whoever provides the information that is required under subd. 1. or 2., or
23both, provides adequate opportunity for the woman to ask questions, including
24questions concerning the pregnancy, her unborn child, abortion, foster care and

1adoption, and provides the information that is requested or indicates to the woman
2where she can obtain the information.
AB441-ASA1,10,123 5. The woman certifies in writing on a form that the department shall provide,
4prior to performance or inducement of the abortion, that the information that is
5required under each subdivision paragraph of subds. 1. and 2. has been provided to
6her in the manner specified in subd. 3., that she has been offered the information
7described in par. (d) and that all of her questions, as specified under subd. 4., have
8been answered in a satisfactory manner. The physician who is to perform or induce
9the abortion or the qualified person assisting the physician shall write on the
10certification form the name of the physician who is to perform or induce the abortion.
11The woman shall indicate on the certification form who provided the information to
12her and when it was provided.
AB441-ASA1,10,1813 6. Prior to the performance or the inducement of the abortion, the physician
14who is to perform or induce the abortion or the qualified person assisting the
15physician receives the written certification that is required under subd. 5. The
16physician or qualified person assisting the physician shall place the certification in
17the woman's medical record and shall provide the woman with a copy of the
18certification.
AB441-ASA1,10,2519 7. If the woman considering an abortion is a minor, unless s. 48.375 (4) (a) 2.
20applies, the requirements to provide information to the woman under subds. 1. to 6.
21apply to also require provision of the information to the individual whose consent is
22also required under s. 48.375 (4) (a) 1. If the woman considering an abortion has been
23adjudicated incompetent under ch. 880, the requirements to provide information to
24the woman under subds. 1. to 6. apply to also require provision of the information to
25the person appointed as the woman's guardian.
AB441-ASA1,11,7
1(cm) List upon request. Upon request of the woman receiving information
2under par. (c), the physician who is to perform or induce the abortion, a qualified
3person assisting the physician or another qualified physician shall provide the
4woman with the list distributed under s. 46.245 (2) by a county department. The list
5shall specify public and private agencies and services that are available to provide
6the woman with birth control information, including natural family planning
7information.
AB441-ASA1,11,188 (d) Printed information. By the date that is 60 days after the effective date of
9this paragraph .... [revisor inserts date], the department shall cause to be published
10in English, Spanish, and other languages spoken by a significant number of state
11residents, as determined by the department, materials that are in an easily
12comprehensible format and are printed in type of not less than 12-point size. The
13department shall distribute a reasonably adequate number of the materials to
14county departments as specified under s. 46.245 (1) and upon request, annually
15review the materials for accuracy and exercise reasonable diligence in providing
16materials that are accurate and current. The department may charge a fee not to
17exceed the actual cost of the preparation and distribution of the materials. The
18materials shall be all of the following:
AB441-ASA1,12,2519 1. Geographically indexed materials that are designed to inform a woman
20about public and private agencies, including adoption agencies, and services that are
21available to provide ultrasound imaging services, to assist her if she has received a
22diagnosis that her unborn child has a disability or if her pregnancy is the result of
23sexual assault or incest and to assist her through pregnancy, upon childbirth and
24while the child is dependent. The materials shall include a comprehensive list of the
25agencies available, a description of the services that they offer and a description of

1the manner in which they may be contacted, including telephone numbers and
2addresses, or, at the option of the department, the materials shall include a toll-free,
324-hour telephone number that may be called to obtain an oral listing of available
4agencies and services in the locality of the caller and a description of the services that
5the agencies offer and the manner in which they may be contacted. The materials
6shall provide information on the availability of governmentally funded programs
7that serve pregnant women and children. Services identified for the woman shall
8include aid to families with dependent children under s. 49.19, medical assistance
9for pregnant women and children under s. 49.47 (4) (am), the job opportunities and
10basic skills program under s. 49.193, the availability of family or medical leave under
11s. 103.10, child care services, child support laws and programs and the credit for
12expenses for household and dependent care and services necessary for gainful
13employment under section 21 of the internal revenue code. The materials shall state
14that it is unlawful for any person to coerce a woman to undergo an abortion, that any
15physician who performs or induces an abortion without obtaining the woman's
16voluntary and informed consent is liable to her for damages in a civil action and is
17subject to a civil penalty, that the father of a child is liable for assistance in the
18support of the child, even in instances in which the father has offered to pay for an
19abortion, and that adoptive parents may pay the costs of prenatal care, childbirth
20and neonatal care. The materials shall include information, for a woman whose
21pregnancy is the result of sexual assault or incest, on legal protections available to
22the woman and her child if she wishes to oppose establishment of paternity or to
23terminate the father's parental rights. The materials shall state that the state of
24Wisconsin encourages the woman to view an ultrasonic image and hear or view the
25heartbeat of her unborn child before she decides to have an abortion.
AB441-ASA1,13,17
12. Materials, including photographs, pictures or drawings, that are designed
2to inform the woman of the probable anatomical and physiological characteristics of
3the unborn child at 2-week gestational increments for the first 16 weeks of her
4pregnancy and at 4-week gestational increments from the 17th week of the
5pregnancy to full term, including any relevant information regarding the time at
6which the unborn child could possibly be viable. The pictures or drawings must
7contain the dimensions of the unborn child and must be realistic and appropriate for
8the stage of pregnancy depicted. The materials shall be objective, nonjudgmental
9and designed to convey only accurate scientific information about the unborn child
10at the various gestational ages, including appearance, mobility, brain and heart
11activity and function, tactile sensitivity and the presence of internal organs and
12external members. The materials shall also contain objective, accurate information
13describing the methods of abortion procedures commonly employed, the medical and
14psychological risks commonly associated with each such procedure, including the
15risks of infection, psychological trauma, hemorrhage, endometriosis, perforated
16uterus, incomplete abortion, failed abortion, danger to subsequent pregnancies and
17infertility, and the medical risks commonly associated with carrying a child to birth.
AB441-ASA1,13,1918 3. A certification form for use under par. (c) 5. that lists, in a check-off format,
19all of the information required to be provided under that subdivision.
AB441-ASA1,13,2520 (e) Requirement to obtain materials. A physician who intends to perform or
21induce an abortion or another qualified physician, who reasonably believes that he
22or she might have a patient for whom the information under par. (d) is required to
23be given, shall request a reasonably adequate number of the materials that are
24described under par. (d) from the department under par. (d) or from a county
25department as specified under s. 46.245 (1).
AB441-ASA1,14,10
1(f) Medical emergency. If a medical emergency exists, the physician who is to
2perform or induce the abortion necessitated by the medical emergency shall inform
3the woman, prior to the abortion if possible, of the medical indications supporting the
4physician's reasonable medical judgment that an immediate abortion is necessary
5to avert her death or that a 24-hour delay in performance or inducement of an
6abortion will create a serious risk of substantial and irreversible impairment of one
7or more of the woman's major bodily functions. If possible, the physician shall obtain
8the woman's written consent prior to the abortion. The physician shall certify these
9medical indications in writing and place the certification in the woman's medical
10record.
AB441-ASA1,14,1811 (g) Presumptions. Satisfaction of the conditions required under par. (c) creates
12a rebuttable presumption that the woman's consent and, if the woman is a minor and
13if s. 48.375 (4) (a) 2. does not apply, the consent of the individual who also gives
14consent under s. 48.375 (4) (a) 1. to an abortion is informed. The presumption of
15informed consent may be overcome by a preponderance of evidence that establishes
16that the consent was obtained through fraud, negligence, deception,
17misrepresentation or omission of a material fact. There is no presumption that
18consent to an abortion is voluntary.
AB441-ASA1,14,20 19(4) Hotline. The department may maintain a toll-free telephone number that
20is available 24 hours each day, to provide the materials specified in sub. (3) (d) 1.
AB441-ASA1,14,22 21(5) Penalty. Any person who violates sub. (3) shall be required to forfeit not
22less than $5,000 nor more than $10,000.
AB441-ASA1,15,2 23(6) Civil remedies. (a) A person who violates sub. (3) is liable to the woman
24on or for whom the abortion was performed or induced for damages arising out of the

1performance or inducement of the abortion, including damages for personal injury
2and emotional and psychological distress.
AB441-ASA1,15,63 (b) A person who has been awarded damages under par. (a) shall, in addition
4to any damages awarded under par. (a), be entitled to not less than $5,000 nor more
5than $10,000 in punitive damages for a violation that satisfies a standard under s.
6895.85 (3).
AB441-ASA1,15,87 (c) A conviction under sub. (5) is not a condition precedent to bringing an action,
8obtaining a judgment or collecting the judgment under this subsection.
AB441-ASA1,15,119 (d) Notwithstanding s. 814.04 (1), a person who recovers damages under par.
10(a) or (b) may also recover reasonable attorney fees incurred in connection with the
11action.
AB441-ASA1,15,1212 (e) A contract is not a defense to an action under this subsection.
AB441-ASA1,15,1413 (f) Nothing in this subsection limits the common law rights of a person that are
14not in conflict with sub. (3).
AB441-ASA1,15,22 15(7) Affirmative defense. No person is liable under sub. (5) or (6) or under s.
16441.07 (1) (f) or 457.26 (2) (gm) for failure under sub. (3) (c) 2. d. to provide the printed
17materials described in sub. (3) (d) to a woman or for failure under sub. (3) (c) 2. d.,
18e. or f. to describe the contents of the printed materials if the person has made a
19reasonably diligent effort to obtain the printed materials under sub. (3) (e) and s.
2046.245 (1) and the department and the county department under s. 46.215, 46.22 or
2146.23 have not made the printed materials available at the time that the person is
22required to give them to the woman.
AB441-ASA1,16,5 23(8) Confidentiality. (a) Notwithstanding ss. 801.09 (1), 801.095, 802.04 (1)
24and 815.05 (intro.), in an action brought under sub. (5) or (6), the plaintiff may
25substitute her initials, or fictitious initials, and her age and county of residence for

1her name and address on the summons and complaint. The plaintiff's attorney shall
2supply the court with the name and other necessary identifying information of the
3plaintiff. The court shall maintain the name and other identifying information, and
4supply the information to other parties to the action, in a manner that reasonably
5protects the information from being disclosed to the public.
AB441-ASA1,16,106 (b) Upon motion by the plaintiff, and for good cause shown, or upon its own
7motion, the court may make any order that justice requires to protect a plaintiff who
8is using initials in an action under sub. (5) or (6) from annoyance, embarrassment,
9oppression or undue burden that would arise if any information identifying the
10plaintiff were made public.
AB441-ASA1,16,13 11(9) Construction. Nothing in this section may be construed as creating or
12recognizing a right to abortion or as making lawful an abortion that is otherwise
13unlawful.
AB441-ASA1, s. 5 14Section 5. 441.07 (1) (f) of the statutes is created to read:
AB441-ASA1,16,1515 441.07 (1) (f) Violated the requirements of s. 253.10 (3) (c) 2., 3., 4., 5., 6. or 7.
AB441-ASA1, s. 6 16Section 6. 441.07 (1r) of the statutes is created to read:
AB441-ASA1,16,2517 441.07 (1r) (a) In a hearing brought to determine if a violation of sub. (1) (f) has
18occurred, the person who files the informal complaint may substitute her initials, or
19fictitious initials, and her age and county of residence for her name and address to
20the extent that her name and address may appear on any pleading, notice, order or
21other paper filed in the disciplinary proceeding. The attorney of the person who files
22the informal complaint shall supply the board with the name and other necessary
23identifying information of the person. The board shall maintain the name and other
24identifying information, and supply the information to parties to the hearing, in a
25manner that reasonably protects the information from being disclosed to the public.
AB441-ASA1,17,6
1(b) Upon request by the person who files the informal complaint, and for good
2cause shown, or upon its own motion, the board may make any order that justice
3requires to protect a person who files the informal complaint, who is using initials
4in a hearing brought to determine if a violation of sub. (1) (f) has occurred, from
5annoyance, embarrassment, oppression or undue burden that would arise if any
6information identifying the person were made public.
AB441-ASA1, s. 7 7Section 7. 448.02 (3) (a) of the statutes is amended to read:
AB441-ASA1,18,28 448.02 (3) (a) The board shall investigate allegations of unprofessional conduct
9and negligence in treatment by persons holding a license, certificate or limited
10permit granted by the board. An allegation that a physician has violated s. 253.10
11(3),
448.30 or 450.13 (2) or has failed to mail or present a medical certification
12required under s. 69.18 (2) within 21 days after the pronouncement of death of the
13person who is the subject of the required certificate or that a physician has failed at
14least 6 times within a 6-month period to mail or present a medical certificate
15required under s. 69.18 (2) within 6 days after the pronouncement of death of the
16person who is the subject of the required certificate is an allegation of unprofessional
17conduct. Information contained in reports filed with the board under s. 49.45 (2) (a)
1812r., 50.36 (3) (b), 609.17 or 632.715 or under 42 CFR 1001.109 (e) and 42 CFR
191001.124
(a) (3) and (b) shall be investigated by the board. Information contained
20in a report filed with the board under s. 655.045 (1), as created by 1985 Wisconsin
21Act 29
, which is not a finding of negligence or in a report filed with the board under
22s. 50.36 (3) (c) may, within the discretion of the board, be used as the basis of an
23investigation of the persons named in the reports. The board may require a person
24holding a license, certificate or limited permit to undergo and may consider the
25results of one or more physical, mental or professional competency examinations if

1the board believes that the results of any such examinations may be useful to the
2board in conducting its investigation.
AB441-ASA1, s. 8 3Section 8. 448.02 (3) (bm) of the statutes is created to read:
AB441-ASA1,18,134 448.02 (3) (bm) 1. In a hearing brought to determine if a violation of s. 253.10
5(3) has occurred, the person who files the informal complaint may substitute her
6initials, or fictitious initials, and her age and county of residence for her name and
7address to the extent that her name and address may appear on any pleading, notice,
8order or other paper filed in the disciplinary proceeding. The attorney of the person
9who files the informal complaint shall supply the board with the name and other
10necessary identifying information of the person. The board shall maintain the name
11and other identifying information, and supply the information to parties to the
12hearing, in a manner that reasonably protects the information from being disclosed
13to the public.
AB441-ASA1,18,1914 2. Upon request by the person who files the informal complaint, and for good
15cause shown, or upon its own motion, the board may issue any order that justice
16requires to protect a person who files the informal complaint, who is using initials
17in a hearing brought to determine if a violation of s. 253.10 (3) has occurred, from
18annoyance, embarrassment, oppression or undue burden that would arise if any
19information identifying the person were made public.
AB441-ASA1, s. 9 20Section 9. 457.26 (2) (gm) of the statutes is created to read:
AB441-ASA1,18,2221 457.26 (2) (gm) Violated the requirements of s. 253.10 (3) (c) 2., 3., 4., 5., 6. or
227.
AB441-ASA1, s. 10 23Section 10. 457.26 (2m) of the statutes is created to read:
AB441-ASA1,19,824 457.26 (2m) (a) In a hearing brought to determine if a violation of sub. (2) (gm)
25has occurred, the person who files the informal complaint may substitute her initials,

1or fictitious initials, and her age and county of residence for her name and address,
2to the extent that her name and address may appear on any pleading, notice, order
3or other paper filed in the disciplinary proceedings. The attorney of the person who
4files the informal complaint shall supply the social worker section of the examining
5board with the name and other necessary identifying information of the person. The
6social worker section of the examining board shall maintain the name and other
7identifying information, and supply the information to parties to the hearing, in a
8manner that reasonably protects the information from being disclosed to the public.
AB441-ASA1,19,159 (b) Upon request by the person who files the informal complaint, and for good
10cause shown, or upon its own motion, the social worker section of the examining
11board may issue any order that justice requires to protect a person who files the
12informal complaint, who is using initials in a hearing brought to determine if a
13violation of sub. (2) (gm) has occurred, from annoyance, embarrassment, oppression
14or undue burden that would arise if any information identifying the person were
15made public.
AB441-ASA1, s. 11 16Section 11. 893.55 (3m) of the statutes is created to read:
AB441-ASA1,20,217 893.55 (3m) (a) Notwithstanding ss. 801.09 (1), 801.095, 802.04 (1) and 815.05
18(intro.), in an action brought under this section resulting from a violation of s. 253.10
19(3) or in an action to recover damages for injury that arises from the performance or
20inducement of an abortion, the plaintiff may substitute her initials, or fictitious
21initials, and her age and county of residence for her name and address on the
22summons and complaint. The plaintiff's attorney shall supply the court with the
23name and other necessary identifying information of the plaintiff. The court shall
24maintain the name and other identifying information, and supply the information

1to other parties to the action, in a manner that reasonably protects the information
2from being disclosed to the public.
AB441-ASA1,20,93 (b) Upon motion by the plaintiff, and for good cause shown, or upon its own
4motion, the court may make any order that justice requires to protect a plaintiff who
5is using initials in an action under this section resulting from a violation of s. 253.10
6(3) or in an action to recover damages for injury that arises from the performance or
7inducement of an abortion from annoyance, embarrassment, oppression or undue
8burden that would arise if any information identifying the plaintiff were made
9public.
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