LRBs0238/1
DAK:kmg:jlb
1995 - 1996 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 2,
To 1995 ASSEMBLY BILL 441
September 21, 1995 - Offered by Representative Bock.
AB441-ASA2,1,5
1An Act to renumber and amend 253.10 (1);
to amend 48.375 (4) (a) 1., 253.10
2(2) (intro.), 253.10 (3) and 253.10 (4); and
to create 69.186 (1) (j) and 253.10 (1)
3of the statutes;
relating to: expanding requirements for a woman's informed
4consent for performance or inducement of an abortion and for consent to a
5minor's obtaining an abortion.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB441-ASA2, s. 1
6Section
1. 48.375 (4) (a) 1. of the statutes is amended to read:
AB441-ASA2,2,27
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
1department, a county department, the foster parent or the treatment foster parent
2the authority to consent to medical services or treatment on behalf of the minor.
AB441-ASA2,2,84
69.186
(1) (j) If the patient is a minor, whether consent was provided under s.
548.375 (4) (a) 1. for the abortion and, if so, the relationship of the individual providing
6consent to the minor; or, if consent under s. 48.375 (4) (a) 1. was not provided, on
7which of the bases under s. 48.375 (4) (a) 2. or (b) 1., 1g., 1m., 2. or 3. the abortion was
8performed.
AB441-ASA2, s. 3
9Section
3. 253.10 (1) of the statutes is renumbered 253.10 (1m), and 253.10
10(1m) (intro.) and (a) 1. and 6., as renumbered, are amended to read:
AB441-ASA2,2,1511
253.10
(1m) Medical and other information. (intro.)
Prior At least 24 hours
12prior to the performance of an abortion otherwise permitted by law, the
attending 13physician
who is to perform or induce the abortion, another qualified physician or a
14person who is assisting the
attending physician
who is to perform or induce the
15abortion:
AB441-ASA2,2,1916
(a) 1. Whether or not, according to the best judgment of the
attending physician
17who is to perform or induce the abortion, another qualified physician or the person
18who is assisting the
attending physician
who is to perform or induce the abortion, the
19woman is pregnant.
AB441-ASA2,3,220
6. Any particular risks associated with the woman's pregnancy and the
21abortion technique to be employed, including at least a general description of the
22medical instructions it is recommended that she follow subsequent to the abortion
23to ensure her safe recovery and other information which in the judgment of the
24attending physician
who is to perform or induce the abortion, another qualified
25physician or the person who is assisting the
attending physician
who is to perform
1or induce the abortion is relevant to her decision whether to have an abortion or to
2carry her pregnancy to term.
AB441-ASA2,3,74
253.10
(1) Definition. In this section, "qualified physician" means a physician
5who by training or experience is qualified to provide counseling to a woman who is
6seeking an abortion and to provide her with the information necessary to make an
7informed decision.
AB441-ASA2, s. 5
8Section
5. 253.10 (2) (intro.) of the statutes is amended to read:
AB441-ASA2,3,149
253.10
(2) Written information upon request. (intro.) The
attending 10physician
who is to perform or induce the abortion or a person who is assisting the
11attending physician
under sub. (1)
who is to perform or induce the abortion shall,
12upon request of the woman receiving information under
that subsection sub. (1m), 13provide her with the following written information provided by the county
14department under s. 46.245:
AB441-ASA2,3,2016
253.10
(3) Consent statement. Following the provision of the information
17required under subs.
(1) (1m) and (2), the pregnant woman shall, prior to the
18performance of any abortion, sign a statement acknowledging that she has been
19provided with that information and stating that she consents, freely and without
20coercion, to the abortion.
AB441-ASA2,4,822
253.10
(4) Emergency procedure. Subsections
(1) (1m) to (3) do not apply if
23there is an emergency requiring abortion performance because the continuation of
24the pregnancy constitutes an immediate threat and a grave risk to the life and health
25of the woman the physician who is to perform or induce the abortion or another
1qualified physician believes, to the best of his or her medical judgment based on the
2facts of the case before him or her, that a medical emergency exists that complicates
3the pregnancy so as to require an immediate abortion and if the
attending physician
4so certifies in writing. The written certification shall set forth the nature of the
5threat or risk medical emergency and the consequences which would accompany the
6continuation of the pregnancy. The certification shall be kept with the woman's other
7medical records which are maintained by the physician
in the hospital, clinic or other
8facility in which the abortion is performed.