LRBs0261/1
DAK:kmg:km
1995 - 1996 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 3,
To 1995 ASSEMBLY BILL 441
September 28, 1995 - Offered by Representative Jensen.
AB441-ASA3,1,5 1An Act to amend 48.375 (4) (a) 1. and 448.02 (3) (a); to repeal and recreate
246.245 and 253.10; and to create 69.186 (1) (j) of the statutes; relating to:
3expanding requirements for a woman's informed consent for performance or
4inducement of an abortion and for consent to a minor's obtaining an abortion
5and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB441-ASA3, s. 1 6Section 1. 46.245 of the statutes is repealed and recreated to read:
AB441-ASA3,1,8 746.245 Information for certain pregnant women. A county department
8under s. 46.215, 46.22 or 46.23 shall do all of the following:
AB441-ASA3,2,2 9(1) Upon request, distribute the materials described under s. 253.10 (2) (c), as
10prepared and distributed by the department. The county department may charge
11a fee not to exceed the actual cost of preparation and distribution of the materials.
12A physician who reasonably believes that he or she might have a patient for whom
13the information under s. 253.10 (2) (c) is required to be given, shall request a
14reasonably adequate number of the materials from the county department under

1this subsection or from the department under s. 253.10 (2) (c) 3. An individual may
2request a reasonably adequate number of the materials.
AB441-ASA3,2,5 3(2) In any county in which a hospital, clinic or other facility in which abortions
4are performed is located, prepare the list specified under s. 253.10 (2) (d) and
5distribute the list to each of those hospitals, clinics or other facilities.
AB441-ASA3, s. 2 6Section 2. 48.375 (4) (a) 1. of the statutes is amended to read:
AB441-ASA3,2,167 48.375 (4) (a) 1. The person or the person's agent has, either directly or through
8a referring physician or his or her agent, received and made part of the minor's
9medical record, under the requirements of s. 253.10, the voluntary and informed
10written consent of the minor and the voluntary and informed written consent of one
11of her parents; or of the minor's guardian or legal custodian, if one has been
12appointed; or of an adult family member of the minor; or of one of the minor's foster
13parents or treatment foster parents, if the minor has been placed in a foster home
14or treatment foster home and the minor's parent has signed a waiver granting the
15department, a county department, the foster parent or the treatment foster parent
16the authority to consent to medical services or treatment on behalf of the minor.
AB441-ASA3, s. 3 17Section 3. 69.186 (1) (j) of the statutes is created to read:
AB441-ASA3,2,2218 69.186 (1) (j) If the patient is a minor, whether consent was provided under s.
1948.375 (4) (a) 1. for the abortion and, if so, the relationship of the individual providing
20consent to the minor; or, if consent under s. 48.375 (4) (a) 1. was not provided, on
21which of the bases under s. 48.375 (4) (a) 2. or (b) 1., 1g., 1m., 2. or 3. the abortion was
22performed.
AB441-ASA3, s. 4 23Section 4. 253.10 of the statutes is repealed and recreated to read:
AB441-ASA3,2,24 24253.10 Informed consent for abortions. (1) Definitions. In this section:
AB441-ASA3,2,2525 (a) "Abortion" has the meaning given in s. 48.375 (2) (a).
AB441-ASA3,3,2
1(b) "Agency" means a private nonprofit organization or a county department
2under s. 46.215, 46.22 or 46.23.
AB441-ASA3,3,83 (c) "Medical emergency" means a condition, in a physician's reasonable medical
4judgment, that so complicates the medical condition of a pregnant woman as to
5necessitate the immediate abortion of her pregnancy to avert her death or for which
6a 24-hour delay in performance or inducement of an abortion will create serious risk
7of substantial and irreversible impairment of one or more of the woman's major
8bodily functions.
AB441-ASA3,3,149 (d) "Probable gestational age of the unborn child" means the number of weeks
10that have elapsed from the probable time of fertilization of a woman's ovum, based
11on the information provided by the woman as to the time of her last menstrual period,
12her medical history, a physical examination performed by the physician who is to
13perform or induce the abortion or by any other qualified physician and any
14appropriate laboratory tests performed on her.
AB441-ASA3,3,1515 (e) "Unborn child" means a human being from fertilization until birth.
AB441-ASA3,3,21 16(2) Informed consent. (a) Generally. No abortion may be performed or induced
17except with the voluntary and informed consent of the woman upon whom the
18abortion is to be performed or induced and, if the woman is a minor and s. 48.375 (4)
19(a) 2. does not apply, the individual who also gives consent under s. 48.375 (4) (a) 1.
20Except in the case of a medical emergency, consent to an abortion is voluntary and
21informed only if:
AB441-ASA3,3,2422 1. The woman is provided, at least 24 hours before the abortion, with all of the
23following information by the physician who is to perform the abortion or by the
24referring physician but not by the agent or representative of either.
AB441-ASA3,3,2525 a. The name of the physician who will perform the abortion.
AB441-ASA3,4,2
1b. The fact that there may be detrimental physical and psychological effects
2which are not accurately foreseeable.
AB441-ASA3,4,53 c. The particular medical risks associated with the particular abortion
4procedure to be employed including, when medically accurate, the risks of infection,
5hemorrhage, danger to subsequent pregnancies and infertility.
AB441-ASA3,4,76 d. The probable gestational age of the unborn child at the time the abortion is
7to be performed.
AB441-ASA3,4,88 e. The medical risks associated with carrying her child to term.
AB441-ASA3,4,109 2. The woman is informed of all of the following, by the physician or by his or
10her agent, at least 24 hours before the abortion:
AB441-ASA3,4,1211 a. The fact that medical assistance benefits may be available for prenatal care,
12childbirth and neonatal care.
AB441-ASA3,4,1413 b. The fact that the father is liable to assist in the support of her child, even in
14instances where the father has offered to pay for the abortion.
AB441-ASA3,4,2115 c. That she has the right to review the printed materials described in par. (c).
16The physician or his or her agent shall orally inform the woman that the materials
17describe the unborn child and list agencies that offer alternatives to abortion. If the
18woman chooses to view the materials, copies of them shall be furnished to her. If the
19woman is unable to read the materials furnished her, the materials shall be read to
20her. If the woman seeks answers to questions concerning any of the information or
21materials, answers shall be provided her in her own language.
AB441-ASA3,4,2422 3. The woman certifies in writing, prior to the abortion, that the information
23described in subds. 1. and 2. has been furnished her, and that she has been informed
24of her opportunity to review the information referred to in subd. 2.
AB441-ASA3,5,3
14. Prior to the performance of the abortion, the physician who is to perform or
2induce the abortion or his or her agent receives a copy of the written certification
3required under subd. 3.
AB441-ASA3,5,74 (b) Medical emergency. If a medical emergency compels the performance of an
5abortion, the physician shall inform the woman, prior to the abortion if possible, of
6the medical indications supporting his or her judgment that an abortion is necessary
7to avert the woman's death.
AB441-ASA3,5,88 (c) Printed information.
AB441-ASA3,5,119 1. The department shall cause to be published in English, Spanish and
10Vietnamese, by the date that is 60 days after the effective date of this subdivision ....
11[revisor inserts date], the following easily comprehensible printed materials:
AB441-ASA3,6,212 a. Geographically indexed materials designed to inform the woman of public
13and private agencies and services available to assist a woman through pregnancy,
14upon childbirth and while the child is dependent, including adoption agencies, which
15shall include a comprehensive list of the agencies available, a description of the
16services they offer and a description of the manner, including telephone numbers, in
17which they might be contacted, or, at the option of the department, printed materials
18including a toll-free, 24-hour a day telephone number which may be called to obtain,
19orally, such a list and description of agencies in the locality of the caller and of the
20services they offer. The materials shall include the statement: "There are many
21public and private agencies willing and able to help you to carry your child to term,
22and to assist you and your child after your child is born, whether you choose to keep
23your child or to place her or him for adoption. The State of Wisconsin strongly urges
24you to contact them before making a final decision about abortion. The law requires

1that your physician or his or her agent give you the opportunity to call agencies like
2these before you undergo an abortion."
AB441-ASA3,6,83 b. Materials designed to inform the woman of the probable anatomical and
4physiological characteristics of the unborn child at a-week gestational increments
5from fertilization to full term, including any relevant information on the possibility
6of the unborn child's survival. The materials shall be objective, nonjudgmental and
7designed to convey only accurate scientific information about the unborn child at the
8various gestational ages.
AB441-ASA3,6,109 2. The materials under this paragraph shall be printed in a typeface large
10enough to be clearly legible.
AB441-ASA3,6,1311 3. The materials required under this paragraph shall be available at no cost
12from the department upon request and in appropriate number to any person, facility
13or hospital.
AB441-ASA3,6,1814 (d) List upon request. Upon request of the woman receiving information under
15par. (c), the physician shall provide the woman with the list distributed under s.
1646.245 (2) by a county department. The list shall specify public and private agencies
17and services that are available to provide the woman with birth control information,
18including natural family planning information.
AB441-ASA3,6,2319 (e) Requirement to obtain materials. A physician who reasonably believes that
20he or she might have a patient for whom the information under par. (c) is required
21to be given shall request a reasonably adequate number of the materials that are
22described under par. (c) from the department under par. (c) or from a county
23department as specified under s. 46.245 (1).
AB441-ASA3,6,25 24(3) Unprofessional conduct. Violation of this section by a physician
25constitutes unprofessional conduct.
AB441-ASA3,7,5
1(4) Penalty. Whoever, other than a physician, is required to provide
2information under sub. (2) and fails to provide the information may, for the first
3offense, be required to forfeit not more than $1,000 and may, for the 2nd or
4subsequent offense, be fined not more than $10,000 or imprisoned for not more than
59 months or both.
AB441-ASA3,7,8 6(5) Limitation on civil liability. No physician who complies with this section
7may be held civilly liable to his or her patient for failure to obtain informed consent
8to the abortion.
AB441-ASA3, s. 5 9Section 5. 448.02 (3) (a) of the statutes is amended to read:
AB441-ASA3,8,410 448.02 (3) (a) The board shall investigate allegations of unprofessional conduct
11and negligence in treatment by persons holding a license, certificate or limited
12permit granted by the board. An allegation that a physician has violated s. 253.10
13(2),
448.30 or 450.13 (2) or has failed to mail or present a medical certification
14required under s. 69.18 (2) within 21 days after the pronouncement of death of the
15person who is the subject of the required certificate or that a physician has failed at
16least 6 times within a 6-month period to mail or present a medical certificate
17required under s. 69.18 (2) within 6 days after the pronouncement of death of the
18person who is the subject of the required certificate is an allegation of unprofessional
19conduct. Information contained in reports filed with the board under s. 49.45 (2) (a)
2012r., 50.36 (3) (b), 609.17 or 632.715 or under 42 CFR 1001.109 (e) and 42 CFR
211001.124
(a) (3) and (b) shall be investigated by the board. Information contained
22in a report filed with the board under s. 655.045 (1), as created by 1985 Wisconsin
23Act 29
, which is not a finding of negligence or in a report filed with the board under
24s. 50.36 (3) (c) may, within the discretion of the board, be used as the basis of an
25investigation of the persons named in the reports. The board may require a person

1holding a license, certificate or limited permit to undergo and may consider the
2results of one or more physical, mental or professional competency examinations if
3the board believes that the results of any such examinations may be useful to the
4board in conducting its investigation.
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