The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
2253.095 Requirements to perform abortions. (1) Definition.
In this 3
section, "abortion" has the meaning given in s. 253.10 (2) (a).
4(2) Admitting privileges required.
No physician may perform an abortion, as 5
defined in s. 253.10 (2) (a), unless he or she has admitting privileges in a hospital 6
within 30 miles of the location where the abortion is to be performed.
Any person who violates this section shall be required to forfeit 8
not less than $1,000 nor more than $10,000. No penalty may be assessed against the 9
woman upon whom the abortion is performed or induced or attempted to be 10
performed or induced.
11(4) Civil remedies.
(a) Any of the following individuals may bring a claim for 12
damages, including damages for personal injury and emotional and psychological 13
distress, against a person who performs, or attempts to perform, an abortion in 14
violation of this section:
1. A woman on whom an abortion is performed or attempted.
2. The father of the aborted unborn child or the unborn child that is attempted 3
to be aborted.
3. Any grandparent of the aborted unborn child or the child that is attempted 5
to be aborted.
(b) A person who has been awarded damages under par. (a) shall, in addition 7
to any damages awarded under par. (a), be entitled to not less than $1,000 nor more 8
than $10,000 in punitive damages for a violation that satisfies a standard under s. 9
(c) A conviction under sub. (3) is not a condition precedent to bringing an action, 11
obtaining a judgment, or collecting the judgment under this subsection.
(d) Notwithstanding s. 814.04 (1), a person who recovers damages under par. 13
(a) or (b) may also recover reasonable attorney fees incurred in connection with the 14
(e) A contract is not a defense to an action under this subsection.
(f) Nothing in this subsection limits the common law rights of a person that are 17
not in conflict with sub. (2).
18(5) Confidentiality in court proceedings.
(a) In every proceeding brought 19
under this section, the court, upon motion or sua sponte, shall rule whether the 20
identity of any woman upon whom an abortion was performed or induced or 21
attempted to be performed or induced shall be kept confidential unless the woman 22
waives confidentiality. If the court determines that a woman's identity should be 23
kept confidential, the court shall issue orders to the parties, witnesses, and counsel 24
and shall direct the sealing of the record and exclusion of individuals from 25
courtrooms or hearing rooms to the extent necessary to safeguard the woman's
identity from public disclosure. If the court issues an order to keep a woman's 2
identity confidential, the court shall provide written findings explaining why the 3
woman's identity should be kept confidential, why the order is essential to that end, 4
how the order is narrowly tailored to its purpose, and why no reasonable less 5
restrictive alternative exists.
(b) Any person, except for a public official, who brings an action under this 7
section shall do so under a pseudonym unless the person obtains the written consent 8
of the woman upon whom an abortion was performed or induced, or attempted to be 9
performed or induced, in violation of this section.
(c) This section may not be construed to allow the identity of a plaintiff or a 11
witness to be concealed from the defendant.
253.10 (3) (c) (intro.) of the statutes is amended to read:
(c) Informed consent.
(intro.) Except if a medical emergency exists 14and subject to sub. (3g)
, a woman's consent to an abortion is informed only if all of 15
the following first take place:
253.10 (3) (c) 1. gm. of the statutes is created to read:
(c) 1. gm. That the pregnant woman is required to obtain an 19
ultrasound that meets the requirements under sub. (3g), if she has not already had 20
an ultrasound that meets those requirements. The physician, or other qualified 21
physician, shall provide to the pregnant woman a list of providers that perform an 22
ultrasound at no cost to the woman, as described in par. (em) 1.
(c) 5. The woman certifies in writing on a form that the department 25
shall provide, prior to performance or inducement of the abortion, that the
information that is required under subds. 1. and 2. has been provided to her in the 2
manner specified in subd. 3., that the ultrasound required under sub. (3g) has been
3performed or that requirement is waived under sub. (3m) (a),
that she has been 4
offered the information described in par. (d) and that all of her questions, as specified 5
under subd. 4., have been answered in a satisfactory manner. The physician who is 6
to perform or induce the abortion or the qualified person assisting the physician shall 7
write on the certification form the name of the physician who is to perform or induce 8
the abortion. The woman shall indicate on the certification form who provided the 9
information to her and when it was provided and who performed the ultrasound and
10when it was performed, unless the ultrasound requirement is waived under sub. (3m)
11(a). If the ultrasound required under sub. (3g) was performed at a facility other than
12the facility where the physician who is to perform or induce the abortion is located,
13the woman shall provide to the physician who is to perform or induce the abortion
14the certification form described under sub. (3g) (d)
(d) 1. Geographically indexed materials that are designed to inform 17
a woman about public and private agencies, including adoption agencies, and 18
services that are available to provide information on family planning, as defined in 19
s. 253.07 (1) (a), including natural family planning information, to provide 20
ultrasound imaging services, to assist her if she has received a diagnosis that her 21
unborn child has a disability or if her pregnancy is the result of sexual assault or 22
incest and to assist her through pregnancy, upon childbirth and while the child is 23
dependent. The materials shall include a comprehensive list of the agencies 24
available, a description of the services that they offer and a description of the manner 25
in which they may be contacted, including telephone numbers and addresses, or, at
the option of the department, the materials shall include a toll-free, 24-hour 2
telephone number that may be called to obtain an oral listing of available agencies 3
and services in the locality of the caller and a description of the services that the 4
agencies offer and the manner in which they may be contacted. The materials shall 5
provide information on the availability of governmentally funded programs that 6
serve pregnant women and children. Services identified for the woman shall include 7
medical assistance for pregnant women and children under s. 49.47 (4) (am) and 8
49.471, the availability of family or medical leave under s. 103.10, the Wisconsin 9
works program under ss. 49.141 to 49.161, child care services, child support laws and 10
programs and the credit for expenses for household and dependent care and services 11
necessary for gainful employment under section 21
of the Internal Revenue Code. 12
The materials shall state that it is unlawful to perform an abortion for which consent 13
has been coerced, that any physician who performs or induces an abortion without 14
obtaining the woman's voluntary and informed consent is liable to her for damages 15
in a civil action and is subject to a civil penalty, that the father of a child is liable for 16
assistance in the support of the child, even in instances in which the father has 17
offered to pay for an abortion, and that adoptive parents may pay the costs of 18
prenatal care, childbirth and neonatal care. The materials shall include 19
information, for a woman whose pregnancy is the result of sexual assault or incest, 20
on legal protections available to the woman and her child if she wishes to oppose 21
establishment of paternity or to terminate the father's parental rights. The
22materials shall state that fetal ultrasound imaging and auscultation of fetal heart
23tone services are obtainable by pregnant women who wish to use them and shall
24describe the services.
The materials shall include information on services in the 25
state that are available for victims or individuals at risk of domestic abuse.
(em) Ultrasound materials and form.
1. The department shall 3
compile a list of facilities, including the names, addresses, and phone numbers, that 4
provide ultrasounds at no cost. The department shall make this list available to the 5
public and shall provide the list to every facility that performs or induces an abortion.
2. The department shall provide to every facility that performs ultrasounds at 7
no cost a list of the requirements under sub. (3g).
3. Any facility that intends to perform ultrasounds on pregnant women who are 9
seeking to have abortions performed or induced shall create a form on which a 10
physician at that facility certifies that the requirements under sub. (3g) are satisfied 11
and provides a date the requirements under sub. (3g) are satisfied.
253.10 (3g) Performance of ultrasound.
(a) Except as provided under sub. 14
(3m) and except in a medical emergency and before a person may perform or induce 15
an abortion on a pregnant woman, the physician who is to perform or induce the 16
abortion, or any physician requested by the pregnant woman, shall do all of the 17
following, or shall arrange for a person who is qualified to perform an ultrasound to 18
do all of the following:
1. Perform an obstetric ultrasound on the pregnant woman using whichever 20
transducer the woman chooses after the options have been explained to her. A 21
facility that offers ultrasounds at no cost to satisfy the requirements of this 22
subsection shall have available transducers to perform both transabdominal and 23
2. Provide a simultaneous oral explanation to the pregnant woman during the 25
ultrasound of what the ultrasound is depicting, including the presence and location
of the unborn child within the uterus, the number of unborn children, and the 2
occurrence of the death of an unborn child, if such a death has occurred.
3. Display the ultrasound images so that the pregnant woman may view them.
4. Provide to the pregnant woman a medical description of the ultrasound 5
images, including the dimensions of the unborn child and a description of any 6
external features and internal organs that are present and viewable on the image.
5. Provide a means for the pregnant woman to visualize any fetal heartbeat, 8
if a heartbeat is detectable by the ultrasound transducer type chosen by the woman 9
under subd. 1., and provide to the pregnant woman, in a manner understandable to 10
a layperson, a simultaneous oral explanation.
(b) No person may require a pregnant woman to view the ultrasound images 12
that are required to be displayed for and reviewed with her or to visualize to any fetal 13
heartbeat. No person, including the pregnant woman, may be subject to any penalty 14
if the pregnant woman declines to view the displayed ultrasound images or to 15
visualize any fetal heartbeat.
(c) The requirement under par. (a) does not apply if, the physician, in a writing 17
that is placed in the woman's medical record, certifies that the pregnant woman is 18
undergoing a medical emergency and certifies the medical condition that constitutes 19
the medical emergency.
(d) A physician other than a physician at the facility where the abortion is to 21
be performed or induced may do or arrange for the performance of the activities 22
necessary to satisfy the requirements of this subsection. A physician at a location 23
other than the facility where the abortion is to be performed or induced who does or 24
arranges for the performance of the activities under par. (a) shall certify on a form
described under sub. (3) (em) 3. that the requirements of this subsection are satisfied 2
and shall provide the date on which the requirements are satisfied.
(e) No person who has been convicted of a crime under ss. 940.22, 940.225, 4
948.02, 948.025, or 948.05 to 948.14 may perform any ultrasound that is required 5
under this subsection.
253.10 (3m) (a) (intro.) of the statutes is amended to read:
(a) (intro.) A woman seeking an abortion may waive the 24-hour 8
period required under sub. (3) (c) 1. (intro.) and L. and 2. (intro.)
and may waive all
9of the requirements under sub. (3g)
if all of the following are first done:
253.10 (5) Penalty.
Any person who violates sub. (3), (3g) (a),
or (3m) (a) 2. or 12
(b) 2. shall be required to forfeit not less than $1,000 nor more than $10,000. No 13
penalty may be assessed against the woman upon whom the abortion is performed 14
or induced or attempted to be performed or induced.
(am) Any of the following individuals may bring a claim for damages, 17
including damages for personal injury and emotional and psychological distress, 18
against a person who attempts to perform or performs an abortion in violation of sub. 19
1. A woman on whom an abortion is performed or attempted.
2. The father of the aborted unborn child or the unborn child that is attempted 22
to be aborted.
3. Any grandparent of the aborted unborn child or the unborn child that is 24
attempted to be aborted.
(b) A person who has been awarded damages under par. (a) or (am) 2
shall, in addition to any damages awarded under par. (a) or (am)
, be entitled to not 3
less than $1,000 nor more than $10,000 in punitive damages for a violation that 4
satisfies a standard under s. 895.043 (3).
(dm) A district attorney or the attorney general may institute an 7
action for injunctive relief against any person who performs or attempts to perform 8
an abortion in violation of sub. (3g).