SB274,6,11 10253.10 Voluntary and informed consent for abortions. (1) Legislative
11findings and intent.
(a) The legislature finds that:
SB274,6,1512 1. Many women now seek or are encouraged to undergo elective abortions
13without full knowledge of the medical and psychological risks of abortion,
14development of the unborn child or of alternatives to abortion. An abortion decision
15is often made under stressful circumstances.
SB274,6,1916 2. The knowledgeable exercise of a woman's decision to have an elective
17abortion depends on the extent to which the woman receives sufficient information
18to make a voluntary and informed choice between 2 alternatives of great
19consequence: carrying a child to birth or undergoing an abortion.
SB274,6,2520 3. The U.S. supreme court has stated: "In attempting to ensure that a woman
21apprehend the full consequences of her decision, the State furthers the legitimate
22purpose of reducing the risk that a woman may elect an abortion, only to discover
23later, with devastating psychological consequences, that her decision was not fully
24informed." Planned Parenthood of Southeastern Pennsylvania v. Casey, 112 U.S.
252791, 2823 (1992).
SB274,7,3
14. It is essential to the psychological and physical well-being of a woman
2considering an elective abortion that she receive complete and accurate information
3on all options available to her in dealing with her pregnancy.
SB274,7,134 5. The vast majority of elective abortions in this state are performed in clinics
5that are devoted solely to providing abortions and family planning services. Women
6who seek elective abortions at these facilities normally do not have a prior
7patient-physician relationship with the physician who is to perform or induce the
8abortion, normally do not return to the facility for post-operative care and normally
9do not continue a patient-physician relationship with the physician who performed
10or induced the abortion. In most instances, the woman's only actual contact with the
11physician occurs simultaneously with the abortion procedure, with little opportunity
12to receive personal counseling by the physician concerning her decision. Because of
13this, certain safeguards are necessary to protect a woman's right to know.
SB274,7,1614 6. A reasonable waiting period is critical to ensure that a woman has the fullest
15opportunity to give her voluntary and informed consent before she elects to undergo
16an abortion.
SB274,7,1817 (b) It is the intent of the legislature in enacting this section to further the
18important and compelling state interests in all of the following:
SB274,7,2019 1. Protecting the life and health of the woman subject to an elective abortion
20and, to the extent constitutionally permissible, the life of her unborn child.
SB274,7,2221 2. Fostering the development of standards of professional conduct in the
22practice of abortion.
SB274,8,223 3. Ensuring that prior to the performance or inducement of an elective abortion,
24a woman considering an elective abortion receive personal counseling by the
25physician and be given a full range of information regarding her pregnancy, her

1unborn child, the abortion, the medical and psychological risks of abortion and
2available alternatives to the abortion.
SB274,8,43 4. Ensuring that a woman who decides to have an elective abortion gives her
4voluntary and informed consent to the abortion procedure.
SB274,8,5 5(2) Definitions. In this section:
SB274,8,106 (a) "Abortion" means the use of an instrument, medicine, drug or other
7substance or device with intent to terminate the pregnancy of a woman known to be
8pregnant or for whom there is reason to believe that she may be pregnant and with
9intent other than to increase the probability of a live birth, to preserve the life or
10health of the infant after live birth or to remove a dead fetus.
SB274,8,1211 (b) "Agency" means a private nonprofit organization or a county department
12under s. 46.215, 46.22 or 46.23.
SB274,8,1813 (c) "Medical emergency" means a condition, in a physician's reasonable medical
14judgment, that so complicates the medical condition of a pregnant woman as to
15necessitate the immediate abortion of her pregnancy to avert her death or for which
16a 24-hour delay in performance or inducement of an abortion will create serious risk
17of substantial and irreversible impairment of one or more of the woman's major
18bodily functions.
SB274,8,2419 (d) "Probable gestational age of the unborn child" means the number of weeks
20that have elapsed from the probable time of fertilization of a woman's ovum to the
21time when an abortion is to be performed or induced, based on the information
22provided by the woman as to the time of her last menstrual period, her medical
23history, a physical examination performed by the physician who is to perform or
24induce the abortion and any appropriate laboratory tests performed on her.
SB274,9,4
1(e) "Qualified person assisting the physician" means a social worker certified
2under ch. 457 or a registered nurse to whom a physician who is to perform or induce
3an abortion has delegated the responsibility, as the physician's agent, for providing
4the information required under sub. (3) (c) 2.
SB274,9,55 (f) "Viability" has the meaning given in s. 940.15 (1).
SB274,9,12 6(3) Voluntary and informed consent. (a) Generally. An abortion that
7otherwise is permitted to be performed or induced under s. 48.375 (4), 940.04 (5) or
8940.15 may not be performed or induced unless the woman upon whom the abortion
9is to be performed or induced has and, if the woman is a minor and s. 48.375 (4) (a)
102. does not apply, the individual who also gives consent under s. 48.375 (4) (a) 1. have
11given voluntary and informed written consent under the requirements of this
12section.
SB274,9,1413 (b) Voluntary consent. Consent under this section to an abortion is voluntary
14only if the consent is given freely and without coercion by any person.
SB274,9,1615 (c) Informed consent. Except if a medical emergency exists, a woman's consent
16to an abortion is informed only if all of the following first take place:
SB274,9,1917 1. At least 24 hours before the abortion is to be performed or induced, the
18physician who is to perform or induce the abortion has, in person, orally informed the
19woman of all of the following:
SB274,9,2120 a. Whether or not, according to the reasonable medical judgment of the
21physician, the woman is pregnant.
SB274,9,2322 b. The probable gestational age of the unborn child at the time that the abortion
23is to be performed or induced.
SB274,9,2424 c. The particular medical risks, if any, associated with the woman's pregnancy.
SB274,10,3
1d. In language designed to be understood by the woman taking into account her
2age, level of maturity and intellectual capability, the probable anatomical and
3physiological characteristics of her unborn child.
SB274,10,44 e. The name of the physician who will perform or induce the abortion.
SB274,10,65 f. The details of the medical or surgical method that will be used in performing
6or inducing the abortion.
SB274,10,107 g. The medical risks associated with the particular abortion procedure to be
8used, including, if medically applicable, the risks of infection, psychological trauma,
9hemorrhage, endometriosis, perforated uterus, incomplete abortion, failed abortion,
10danger to subsequent pregnancies, infertility and breast cancer.
SB274,10,2011 h. That the state of Wisconsin encourages the woman to view an ultrasonic
12image and hear or view the heartbeat of her unborn child before she decides to have
13an abortion. If the woman chooses to view an ultrasonic image or hear or view the
14heartbeat of her unborn child, the physician who is to perform or induce the abortion
15shall provide the heartbeat transmittal or ultrasound service free of charge or at a
16nominal charge or order the heartbeat transmittal or ultrasound service for the
17woman at any facility that provides heartbeat transmittal or ultrasound imaging
18services. Any person who provides heartbeat transmittal or ultrasound imaging
19services under this subd. 1. h. shall use the method most likely to give the clearest
20image or sound.
SB274,10,2321 i. The recommended general medical instructions for the woman to follow after
22her abortion to enhance her safe recovery and the name and telephone number of a
23physician to call if complications arise after the abortion.
SB274,11,3
1j. If, in the reasonable medical judgment of the physician, the woman's unborn
2child has reached viability, that the physician is required under s. 940.15 to take all
3steps necessary to preserve and maintain the life and health of the child.
SB274,11,64 k. Any other information that a reasonable patient would consider material
5and relevant to a decision of whether or not to carry a child to birth or to undergo an
6abortion.
SB274,11,87 L. That the woman may withdraw her consent to have an abortion at any time
8before the abortion is performed or induced.
SB274,11,109 m. That the woman is not required to pay any amount for performance or
10inducement of the abortion until at least 24 hours have elapsed.
SB274,11,1311 2. At least 24 hours before the abortion is to be performed or induced, the
12physician who is to perform or induce the abortion or a qualified person assisting the
13physician has, in person, orally informed the woman of all of the following:
SB274,11,1514 a. That benefits under the medical assistance program may be available for
15prenatal care, childbirth and neonatal care.
SB274,11,1716 b. That the father of the unborn child is liable for assistance in the support of
17the woman's child, if born, even if the father has offered to pay for the abortion.
SB274,11,2118 c. That the woman has a legal right to continue her pregnancy and to keep the
19child, place the child in foster care, place the child with a relative for adoption or
20petition the court for placement of the child for adoption in the home of a person who
21is not a relative.
SB274,12,222 d. That the woman has the right to receive and review the printed materials
23described in par. (d). The physician or qualified person assisting the physician shall
24physically give the materials to the woman and shall, in person, orally inform her
25that the materials are free of charge, have been provided by the state and describe

1the unborn child and list agencies that offer alternatives to abortion and shall
2provide her with the current updated copies of the printed materials free of charge.
SB274,12,83 3. The information that is required under subds. 1. and 2. is provided to the
4woman in an individual setting that protects her privacy, maintains the
5confidentiality of her decision and ensures that the information she receives focuses
6on her individual circumstances. This subdivision may not be construed to prevent
7the woman from having a family member, or any other person of her choice, present
8during her private counseling.
SB274,12,149 4. The physician who is to perform or induce the abortion and, if the qualified
10person assisting the physician provides information under subd. 2., the qualified
11person provide adequate opportunity for the woman to ask questions, including
12questions concerning the pregnancy, her unborn child, abortion, foster care and
13adoption, and provide the information that is requested or indicate to the woman
14where she can obtain the information.
SB274,12,2115 5. The woman certifies in writing on a form that the department shall provide,
16prior to performance or inducement of the abortion, that the information that is
17required under each subdivision paragraph of subds. 1. and 2. has been provided to
18her in the manner specified in subd. 3., that she has been offered the information
19described in par. (d) and that all of her questions, as specified under subd. 4., have
20been answered in a satisfactory manner. The woman shall indicate on the
21certification form who provided the information to her.
SB274,13,222 6. Prior to the performance or the inducement of the abortion, the physician
23who is to perform or induce the abortion or the qualified person assisting the
24physician receives the written certification that is required under subd. 5. The

1physician or qualified person assisting the physician shall place the certification in
2the woman's medical record.
SB274,13,63 7. If the woman whose consent to performance or inducement of an abortion
4under this paragraph is a minor, unless s. 48.375 (4) (a) 2. applies, the requirements
5to provide information to the woman under subds. 1. to 6. apply to require provision
6of the information to the individual who also gives consent under s. 48.375 (4) (a) 1.
SB274,13,177 (d) Printed information. By the date that is 60 days after the effective date of
8this paragraph .... [revisor inserts date], the department shall cause to be published
9in English, Spanish, and other languages spoken by a significant number of state
10residents, as determined by the department, materials that are in an easily
11comprehensible format and are printed in type of not less than 12-point size. The
12department shall distribute a reasonably adequate number of the materials to
13county departments as specified under s. 46.245 and upon request, annually review
14the materials for accuracy and exercise reasonable diligence in providing materials
15that are accurate and current. The department may charge a fee not to exceed the
16actual cost of the preparation and distribution of the materials. The materials shall
17be all of the following:
SB274,14,1918 1. Geographically indexed materials that are designed to inform a woman
19about public and private agencies, including adoption agencies, and services that are
20available to provide ultrasound imaging services and to assist her through
21pregnancy, upon childbirth and while the child is dependent. The materials shall
22include a comprehensive list of the agencies available, a description of the services
23that they offer and a description of the manner in which they may be contacted,
24including telephone numbers and addresses, or, at the option of the department, the
25materials shall include a toll-free, 24-hour telephone number that may be called to

1obtain an oral listing of available agencies in the locality of the caller and a
2description of the services that the agencies offer and the manner in which they may
3be contacted. The materials shall provide information on the availability of
4governmentally funded programs that serve pregnant women and children. Services
5identified for the woman shall include aid to families with dependent children under
6s. 49.19, medical assistance for pregnant women and children under s. 49.47 (4) (am),
7the job opportunities and basic skills program under s. 49.193, the availability of
8family or medical leave under s. 103.10, child care services, child support laws and
9programs and the credit for expenses for household and dependent care and services
10necessary for gainful employment under section 21 of the internal revenue code. The
11materials shall state that it is unlawful for any person to coerce a woman to undergo
12an abortion, that any physician who performs or induces an abortion without
13obtaining the woman's voluntary and informed consent is liable to her for damages
14in a civil action and is subject to a civil penalty, that the father of a child is liable for
15assistance in the support of the child, even in instances in which the father has
16offered to pay for an abortion, and that adoptive parents may pay the costs of
17prenatal care, childbirth and neonatal care. The materials shall state that the state
18of Wisconsin encourages the woman to view an ultrasonic image and hear or view the
19heartbeat of her unborn child before she decides to have an abortion.
SB274,15,1120 2. Materials, including pictures or drawings, that are designed to inform the
21woman of the probable anatomical and physiological characteristics of the unborn
22child at 2-week gestational increments for the first 16 weeks of her pregnancy and
23at 4-week gestational increments from the 17th week of the pregnancy to full term,
24including any relevant information regarding the time at which the unborn child
25could possibly be viable. The pictures or drawings must contain the dimensions of

1the unborn child and must be realistic and appropriate for the stage of pregnancy
2depicted. The materials shall be objective, nonjudgmental and designed to convey
3only accurate scientific information about the unborn child at the various gestational
4ages, including appearance, mobility, brain and heart activity and function, tactile
5sensitivity and the presence of internal organs and external members. The materials
6shall also contain objective, accurate information describing the methods of abortion
7procedures commonly employed, the medical and psychological risks commonly
8associated with each such procedure, including the risks of infection, psychological
9trauma, hemorrhage, endometriosis, perforated uterus, incomplete abortion, failed
10abortion, danger to subsequent pregnancies, infertility and breast cancer, and the
11medical risks commonly associated with carrying a child to birth.
SB274,15,1312 3. A certification form for use under par. (c) 5. that lists, in a check-off format,
13all of the information required to be provided under that subdivision.
SB274,15,1714 (e) Requirement to obtain materials. A physician who intends to perform or
15induce an abortion shall request a reasonably adequate number of the materials that
16are described under par. (d) from the department under par. (d) or from a county
17department as specified under s. 46.245.
SB274,16,218 (f) Medical emergency. If a medical emergency exists, the physician who is to
19perform or induce the abortion necessitated by the medical emergency shall inform
20the woman, prior to the abortion if possible, of the medical indications supporting the
21physician's reasonable medical judgment that an immediate abortion is necessary
22to avert her death or that a 24-hour delay in performance or inducement of an
23abortion will create a serious risk of substantial and irreversible impairment of one
24or more of the woman's major bodily functions. If possible, the physician shall obtain
25the woman's written consent prior to the abortion. The physician shall certify these

1medical indications in writing and place the certification in the woman's medical
2record.
SB274,16,103 (g) Presumptions. Satisfaction of the conditions required under par. (c) creates
4a rebuttable presumption that the woman's consent and, if the woman is a minor and
5if s. 48.375 (4) (a) 2. does not apply, the consent of the individual who also gives
6consent under s. 48.375 (4) (a) 1. to an abortion is informed. The presumption of
7informed consent may be overcome by a preponderance of evidence that establishes
8that the consent was obtained through fraud, negligence, deception,
9misrepresentation or omission of a material fact. There is no presumption that
10consent to an abortion is voluntary.
SB274,16,12 11(4) Hotline. The department may maintain a toll-free telephone number that
12is available 24 hours each day, to provide the materials specified in sub. (3) (d) 1.
SB274,16,14 13(5) Penalty. Any person who violates sub. (3) shall be required to forfeit not
14less than $5,000 nor more than $10,000.
SB274,16,18 15(6) Civil remedies. (a) A person who violates sub. (3) is liable to the woman
16on or for whom the abortion was performed or induced for damages arising out of the
17performance or inducement of the abortion, including damages for personal injury
18and emotional and psychological distress.
SB274,16,2219 (b) If a person who has been awarded damages under par. (a) proves by clear
20and convincing evidence that the violation of sub. (3) was wilful, wanton or reckless,
21that person shall, in addition to any damages awarded under par. (a), be entitled to
22not less than $5,000 nor more than $10,000 in punitive damages.
SB274,16,2423 (c) A conviction under sub. (5) is not a condition precedent to bringing an action,
24obtaining a judgment or collecting the judgment under this subsection.
SB274,17,3
1(d) Notwithstanding s. 814.04 (1), a person who recovers damages under par.
2(a) or (b) may also recover reasonable attorney fees incurred in connection with the
3action.
SB274,17,44 (e) A contract is not a defense to an action under this subsection.
SB274,17,55 (f) Nothing in this subsection limits the common law rights of a person.
SB274,17,12 6(7) Affirmative defense. No person is liable under sub. (5) or (6) or under s.
7441.07 (1) (f) or 457.26 (2) (gm) for failure under sub. (3) (c) 2. d. to provide the printed
8materials described in sub. (3) (d) to a woman if the person has made a reasonably
9diligent effort to obtain the printed materials under sub. (3) (e) and s. 46.245 and the
10department and the county department under s. 46.215, 46.22 or 46.23 have not
11made the printed materials available at the time that the person is required to give
12them to the woman.
SB274,17,20 13(8) Confidentiality. (a) Notwithstanding ss. 801.09 (1), 801.095, 802.04 (1)
14and 815.05 (intro.), in an action brought under sub. (5) or (6), the plaintiff may
15substitute her initials, or fictitious initials, and her age and county of residence for
16her name and address on the summons and complaint. The plaintiff's attorney shall
17supply the court with the name and other necessary identifying information of the
18plaintiff. The court shall maintain the name and other identifying information, and
19supply the information to other parties to the action, in a manner that reasonably
20protects the information from being disclosed to the public.
SB274,17,2521 (b) Upon motion by the plaintiff, and for good cause shown, or upon its own
22motion, the court may make any order that justice requires to protect a plaintiff who
23is using initials in an action under sub. (5) or (6) from annoyance, embarrassment,
24oppression or undue burden that would arise if any information identifying the
25plaintiff were made public.
SB274,18,3
1(9) Construction. Nothing in this section may be construed as creating or
2recognizing a right to abortion or as making lawful an abortion that is otherwise
3unlawful.
SB274, s. 5 4Section 5. 441.07 (1) (f) of the statutes is created to read:
SB274,18,55 441.07 (1) (f) Violated the requirements of s. 253.10 (3) (c) 2., 3., 4., 5., 6. or 7.
SB274, s. 6 6Section 6. 441.07 (1r) of the statutes is created to read:
SB274,18,157 441.07 (1r) (a) In a hearing brought to determine if a violation of sub. (1) (f) has
8occurred, the person who files the informal complaint may substitute her initials, or
9fictitious initials, and her age and county of residence for her name and address to
10the extent that her name and address may appear on any pleading, notice, order or
11other paper filed in the disciplinary proceeding. The attorney of the person who files
12the informal complaint shall supply the board with the name and other necessary
13identifying information of the person. The board shall maintain the name and other
14identifying information, and supply the information to parties to the hearing, in a
15manner that reasonably protects the information from being disclosed to the public.
SB274,18,2116 (b) Upon request by the person who files the informal complaint, and for good
17cause shown, or upon its own motion, the board may make any order that justice
18requires to protect a person who files the informal complaint, who is using initials
19in a hearing brought to determine if a violation of sub. (1) (f) has occurred, from
20annoyance, embarrassment, oppression or undue burden that would arise if any
21information identifying the person were made public.
SB274, s. 7 22Section 7. 448.02 (3) (a) of the statutes is amended to read:
SB274,19,1723 448.02 (3) (a) The board shall investigate allegations of unprofessional conduct
24and negligence in treatment by persons holding a license, certificate or limited
25permit granted by the board. An allegation that a physician has violated s. 253.10

1(3),
448.30 or 450.13 (2) or has failed to mail or present a medical certification
2required under s. 69.18 (2) within 21 days after the pronouncement of death of the
3person who is the subject of the required certificate or that a physician has failed at
4least 6 times within a 6-month period to mail or present a medical certificate
5required under s. 69.18 (2) within 6 days after the pronouncement of death of the
6person who is the subject of the required certificate is an allegation of unprofessional
7conduct. Information contained in reports filed with the board under s. 49.45 (2) (a)
812r., 50.36 (3) (b), 609.17 or 632.715 or under 42 CFR 1001.109 (e) and 42 CFR
91001.124
(a) (3) and (b) shall be investigated by the board. Information contained
10in a report filed with the board under s. 655.045 (1), as created by 1985 Wisconsin
11Act 29
, which is not a finding of negligence or in a report filed with the board under
12s. 50.36 (3) (c) may, within the discretion of the board, be used as the basis of an
13investigation of the persons named in the reports. The board may require a person
14holding a license, certificate or limited permit to undergo and may consider the
15results of one or more physical, mental or professional competency examinations if
16the board believes that the results of any such examinations may be useful to the
17board in conducting its investigation.
SB274, s. 8 18Section 8. 448.02 (3) (bm) of the statutes is created to read:
SB274,20,319 448.02 (3) (bm) 1. In a hearing brought to determine if a violation of s. 253.10
20(3) has occurred, the person who files the informal complaint may substitute her
21initials, or fictitious initials, and her age and county of residence for her name and
22address to the extent that her name and address may appear on any pleading, notice,
23order or other paper filed in the disciplinary proceeding. The attorney of the person
24who files the informal complaint shall supply the board with the name and other
25necessary identifying information of the person. The board shall maintain the name

1and other identifying information, and supply the information to parties to the
2hearing, in a manner that reasonably protects the information from being disclosed
3to the public.
SB274,20,94 2. Upon request by the person who files the informal complaint, and for good
5cause shown, or upon its own motion, the board may issue any order that justice
6requires to protect a person who files the informal complaint, who is using initials
7in a hearing brought to determine if a violation of s. 253.10 (3) has occurred, from
8annoyance, embarrassment, oppression or undue burden that would arise if any
9information identifying the person were made public.
SB274, s. 9 10Section 9. 457.26 (2) (gm) of the statutes is created to read:
SB274,20,1211 457.26 (2) (gm) Violated the requirements of s. 253.10 (3) (c) 2., 3., 4., 5., 6. or
127.
SB274, s. 10 13Section 10. 457.26 (2m) of the statutes is created to read:
SB274,20,2314 457.26 (2m) (a) In a hearing brought to determine if a violation of sub. (2) (gm)
15has occurred, the person who files the informal complaint may substitute her initials,
16or fictitious initials, and her age and county of residence for her name and address,
17to the extent that her name and address may appear on any pleading, notice, order
18or other paper filed in the disciplinary proceedings. The attorney of the person who
19files the informal complaint shall supply the social worker section of the examining
20board with the name and other necessary identifying information of the person. The
21social worker section of the examining board shall maintain the name and other
22identifying information, and supply the information to parties to the hearing, in a
23manner that reasonably protects the information from being disclosed to the public.
SB274,21,524 (b) Upon request by the person who files the informal complaint, and for good
25cause shown, or upon its own motion, the social worker section of the examining

1board may issue any order that justice requires to protect a person who files the
2informal complaint, who is using initials in a hearing brought to determine if a
3violation of sub. (2) (gm) has occurred, from annoyance, embarrassment, oppression
4or undue burden that would arise if any information identifying the person were
5made public.
SB274, s. 11 6Section 11. 893.55 (3m) of the statutes is created to read:
SB274,21,167 893.55 (3m) (a) Notwithstanding ss. 801.09 (1), 801.095, 802.04 (1) and 815.05
8(intro.), in an action brought under this section resulting from a violation of s. 253.10
9(3) or in an action to recover damages for injury that arises from the performance or
10inducement of an abortion, the plaintiff may substitute her initials, or fictitious
11initials, and her age and county of residence for her name and address on the
12summons and complaint. The plaintiff's attorney shall supply the court with the
13name and other necessary identifying information of the plaintiff. The court shall
14maintain the name and other identifying information, and supply the information
15to other parties to the action, in a manner that reasonably protects the information
16from being disclosed to the public.
SB274,21,2317 (b) Upon motion by the plaintiff, and for good cause shown, or upon its own
18motion, the court may make any order that justice requires to protect a plaintiff who
19is using initials in an action under this section resulting from a violation of s. 253.10
20(3) or in an action to recover damages for injury that arises from the performance or
21inducement of an abortion from annoyance, embarrassment, oppression or undue
22burden that would arise if any information identifying the plaintiff were made
23public.
SB274,21,2424 (End)
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