Amendment SSA2-AB441

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1995 - 1996 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 2, To 1995 ASSEMBLY BILL 441

March 7, 1996 - Offered by Senators Huelsman and Moen.

AB441-SSA2,1,5 An Act to renumber and amend 253.10 (1); to amend 48.375 (4) (a) 1., 253.10 (2) (intro.), 253.10 (3) and 253.10 (4); and to create 69.186 (1) (j) and 253.10 (1) of the statutes; relating to: expanding requirements for a woman's informed consent for performance or inducement of an abortion and for consent to a minor's obtaining an abortion.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB441-SSA2, s. 1 Section 1. 48.375 (4) (a) 1. of the statutes is amended to read:

AB441-SSA2,2,2 48.375 (4) (a) 1. The person or the person's agent has, either directly or through a referring physician or his or her agent, received and made part of the minor's medical record, under the requirements of s. 253.10, the voluntary and informed written consent of the minor and the voluntary and informed written consent of one of her parents; or of the minor's guardian or legal custodian, if one has been appointed; or of an adult family member of the minor; or of one of the minor's foster parents or treatment foster parents, if the minor has been placed in a foster home or treatment foster home and the minor's parent has signed a waiver granting the department, a county department, the foster parent or the treatment foster parent the authority to consent to medical services or treatment on behalf of the minor.

AB441-SSA2, s. 2 Section 2. 69.186 (1) (j) of the statutes is created to read:

AB441-SSA2,2,8 69.186 (1) (j) If the patient is a minor, whether consent was provided under s. 48.375 (4) (a) 1. for the abortion and, if so, the relationship of the individual providing consent to the minor; or, if consent under s. 48.375 (4) (a) 1. was not provided, on which of the bases under s. 48.375 (4) (a) 2. or (b) 1., 1g., 1m., 2. or 3. the abortion was performed.

AB441-SSA2, s. 3 Section 3. 253.10 (1) of the statutes is renumbered 253.10 (1m), and 253.10 (1m) (intro.) and (a) 1. and 6., as renumbered, are amended to read:

AB441-SSA2,2,15 253.10 (1m) Medical and other information. (intro.) Prior At least 24 hours prior to the performance of an abortion otherwise permitted by law, the attending physician who is to perform or induce the abortion, another qualified physician or a person who is assisting the attending physician who is to perform or induce the abortion:

AB441-SSA2,2,19 (a) 1. Whether or not, according to the best judgment of the attending physician who is to perform or induce the abortion, another qualified physician or the person who is assisting the attending physician who is to perform or induce the abortion, the woman is pregnant.

AB441-SSA2,3,2 6. Any particular risks associated with the woman's pregnancy and the abortion technique to be employed, including at least a general description of the medical instructions it is recommended that she follow subsequent to the abortion to ensure her safe recovery and other information which in the judgment of the attending physician who is to perform or induce the abortion, another qualified physician or the person who is assisting the attending physician who is to perform or induce the abortion is relevant to her decision whether to have an abortion or to carry her pregnancy to term.

AB441-SSA2, s. 4 Section 4. 253.10 (1) of the statutes is created to read:

AB441-SSA2,3,7 253.10 (1) Definition. In this section, "qualified physician" means a physician who by training or experience is qualified to provide counseling to a woman who is seeking an abortion and to provide her with the information necessary to make an informed decision.

AB441-SSA2, s. 5 Section 5. 253.10 (2) (intro.) of the statutes is amended to read:

AB441-SSA2,3,14 253.10 (2) Written information upon request. (intro.) The attending physician who is to perform or induce the abortion or a person who is assisting the attending physician under sub. (1) who is to perform or induce the abortion shall, upon request of the woman receiving information under that subsection sub. (1m), provide her with the following written information provided by the county department under s. 46.245:

AB441-SSA2, s. 6 Section 6. 253.10 (3) of the statutes is amended to read:

AB441-SSA2,3,20 253.10 (3) Consent statement. Following the provision of the information required under subs. (1) (1m) and (2), the pregnant woman shall, prior to the performance of any abortion, sign a statement acknowledging that she has been provided with that information and stating that she consents, freely and without coercion, to the abortion.

AB441-SSA2, s. 7 Section 7. 253.10 (4) of the statutes is amended to read:

AB441-SSA2,4,8 253.10 (4) Emergency procedure. Subsections (1) (1m) to (3) do not apply if there is an emergency requiring abortion performance because the continuation of the pregnancy constitutes an immediate threat and a grave risk to the life and health of the woman the physician who is to perform or induce the abortion or another qualified physician believes, to the best of his or her medical judgment based on the facts of the case before him or her, that a medical emergency exists that complicates the pregnancy so as to require an immediate abortion and if the attending physician so certifies in writing. The written certification shall set forth the nature of the threat or risk medical emergency and the consequences which would accompany the continuation of the pregnancy. The certification shall be kept with the woman's other medical records which are maintained by the physician in the hospital, clinic or other facility in which the abortion is performed.

AB441-SSA2,4,9 (End)