SB206-engrossed,5,1515 (e) A contract is not a defense to an action under this subsection.
SB206-engrossed,5,1716 (f) Nothing in this subsection limits the common law rights of a person that are
17not in conflict with sub. (2).
SB206-engrossed,6,5 18(5) Confidentiality in court proceedings. (a) In every proceeding brought
19under this section, the court, upon motion or sua sponte, shall rule whether the
20identity of any woman upon whom an abortion was performed or induced or
21attempted to be performed or induced shall be kept confidential unless the woman
22waives confidentiality. If the court determines that a woman's identity should be
23kept confidential, the court shall issue orders to the parties, witnesses, and counsel
24and shall direct the sealing of the record and exclusion of individuals from
25courtrooms or hearing rooms to the extent necessary to safeguard the woman's

1identity from public disclosure. If the court issues an order to keep a woman's
2identity confidential, the court shall provide written findings explaining why the
3woman's identity should be kept confidential, why the order is essential to that end,
4how the order is narrowly tailored to its purpose, and why no reasonable less
5restrictive alternative exists.
SB206-engrossed,6,96 (b) Any person, except for a public official, who brings an action under this
7section shall do so under a pseudonym unless the person obtains the written consent
8of the woman upon whom an abortion was performed or induced, or attempted to be
9performed or induced, in violation of this section.
SB206-engrossed,6,1110 (c) This section may not be construed to allow the identity of a plaintiff or a
11witness to be concealed from the defendant.
SB206-engrossed,2 12Section 2. 253.10 (3) (c) (intro.) of the statutes is amended to read:
SB206-engrossed,6,1513 253.10 (3) (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
15the following first take place:
SB206-engrossed,3 16Section 3. 253.10 (3) (c) 1. g. of the statutes is repealed.
SB206-engrossed,4 17Section 4. 253.10 (3) (c) 1. gm. of the statutes is created to read:
SB206-engrossed,6,2218 253.10 (3) (c) 1. gm. That the pregnant woman is required to obtain an
19ultrasound that meets the requirements under sub. (3g), if she has not already had
20an ultrasound that meets those requirements. The physician, or other qualified
21physician, shall provide to the pregnant woman a list of providers that perform an
22ultrasound at no cost to the woman, as described in par. (em) 1.
SB206-engrossed,5 23Section 5. 253.10 (3) (c) 5. of the statutes is amended to read:
SB206-engrossed,7,1424 253.10 (3) (c) 5. The woman certifies in writing on a form that the department
25shall provide, prior to performance or inducement of the abortion, that the

1information that is required under subds. 1. and 2. has been provided to her in the
2manner 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
4offered the information described in par. (d) and that all of her questions, as specified
5under subd. 4., have been answered in a satisfactory manner. The physician who is
6to perform or induce the abortion or the qualified person assisting the physician shall
7write on the certification form the name of the physician who is to perform or induce
8the abortion. The woman shall indicate on the certification form who provided the
9information 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)
SB206-engrossed,6 15Section 6. 253.10 (3) (d) 1. of the statutes is amended to read:
SB206-engrossed,8,2516 253.10 (3) (d) 1. Geographically indexed materials that are designed to inform
17a woman about public and private agencies, including adoption agencies, and
18services that are available to provide information on family planning, as defined in
19s. 253.07 (1) (a), including natural family planning information, to provide
20ultrasound imaging services, to assist her if she has received a diagnosis that her
21unborn child has a disability or if her pregnancy is the result of sexual assault or
22incest and to assist her through pregnancy, upon childbirth and while the child is
23dependent. The materials shall include a comprehensive list of the agencies
24available, a description of the services that they offer and a description of the manner
25in which they may be contacted, including telephone numbers and addresses, or, at

1the option of the department, the materials shall include a toll-free, 24-hour
2telephone number that may be called to obtain an oral listing of available agencies
3and services in the locality of the caller and a description of the services that the
4agencies offer and the manner in which they may be contacted. The materials shall
5provide information on the availability of governmentally funded programs that
6serve pregnant women and children. Services identified for the woman shall include
7medical assistance for pregnant women and children under s. 49.47 (4) (am) and
849.471, the availability of family or medical leave under s. 103.10, the Wisconsin
9works program under ss. 49.141 to 49.161, child care services, child support laws and
10programs and the credit for expenses for household and dependent care and services
11necessary for gainful employment under section 21 of the Internal Revenue Code.
12The materials shall state that it is unlawful to perform an abortion for which consent
13has been coerced, that any physician who performs or induces an abortion without
14obtaining the woman's voluntary and informed consent is liable to her for damages
15in a civil action and is subject to a civil penalty, that the father of a child is liable for
16assistance in the support of the child, even in instances in which the father has
17offered to pay for an abortion, and that adoptive parents may pay the costs of
18prenatal care, childbirth and neonatal care. The materials shall include
19information, for a woman whose pregnancy is the result of sexual assault or incest,
20on legal protections available to the woman and her child if she wishes to oppose
21establishment 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
25state that are available for victims or individuals at risk of domestic abuse.
1Section 7. 253.10 (3) (em) of the statutes is created to read:
SB206-engrossed,9,52 253.10 (3) (em) Ultrasound materials and form. 1. The department shall
3compile a list of facilities, including the names, addresses, and phone numbers, that
4provide ultrasounds at no cost. The department shall make this list available to the
5public and shall provide the list to every facility that performs or induces an abortion.
SB206-engrossed,9,76 2. The department shall provide to every facility that performs ultrasounds at
7no cost a list of the requirements under sub. (3g).
SB206-engrossed,9,118 3. Any facility that intends to perform ultrasounds on pregnant women who are
9seeking to have abortions performed or induced shall create a form on which a
10physician at that facility certifies that the requirements under sub. (3g) are satisfied
11and provides a date the requirements under sub. (3g) are satisfied.
SB206-engrossed,8 12Section 8. 253.10 (3g) of the statutes is created to read:
SB206-engrossed,9,1813 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
15an abortion on a pregnant woman, the physician who is to perform or induce the
16abortion, or any physician requested by the pregnant woman, shall do all of the
17following, or shall arrange for a person who is qualified to perform an ultrasound to
18do all of the following:
SB206-engrossed,9,2319 1. Perform an obstetric ultrasound on the pregnant woman using whichever
20transducer the woman chooses after the options have been explained to her. A
21facility that offers ultrasounds at no cost to satisfy the requirements of this
22subsection shall have available transducers to perform both transabdominal and
23transvaginal ultrasounds.
SB206-engrossed,9,2524 2. Provide a simultaneous oral explanation to the pregnant woman during the
25ultrasound of what the ultrasound is depicting, including the presence and location

1of the unborn child within the uterus, the number of unborn children, and the
2occurrence of the death of an unborn child, if such a death has occurred.
SB206-engrossed,10,33 3. Display the ultrasound images so that the pregnant woman may view them.
SB206-engrossed,10,64 4. Provide to the pregnant woman a medical description of the ultrasound
5images, including the dimensions of the unborn child and a description of any
6external features and internal organs that are present and viewable on the image.
SB206-engrossed,10,107 5. Provide a means for the pregnant woman to visualize any fetal heartbeat,
8if a heartbeat is detectable by the ultrasound transducer type chosen by the woman
9under subd. 1., and provide to the pregnant woman, in a manner understandable to
10a layperson, a simultaneous oral explanation.
SB206-engrossed,10,1511 (b) No person may require a pregnant woman to view the ultrasound images
12that are required to be displayed for and reviewed with her or to visualize to any fetal
13heartbeat. No person, including the pregnant woman, may be subject to any penalty
14if the pregnant woman declines to view the displayed ultrasound images or to
15visualize any fetal heartbeat.
SB206-engrossed,10,1916 (c) The requirement under par. (a) does not apply if, the physician, in a writing
17that is placed in the woman's medical record, certifies that the pregnant woman is
18undergoing a medical emergency and certifies the medical condition that constitutes
19the medical emergency.
SB206-engrossed,11,220 (d) A physician other than a physician at the facility where the abortion is to
21be performed or induced may do or arrange for the performance of the activities
22necessary to satisfy the requirements of this subsection. A physician at a location
23other than the facility where the abortion is to be performed or induced who does or
24arranges for the performance of the activities under par. (a) shall certify on a form

1described under sub. (3) (em) 3. that the requirements of this subsection are satisfied
2and shall provide the date on which the requirements are satisfied.
SB206-engrossed,11,53 (e) No person who has been convicted of a crime under ss. 940.22, 940.225,
4948.02, 948.025, or 948.05 to 948.14 may perform any ultrasound that is required
5under this subsection.
SB206-engrossed,9 6Section 9. 253.10 (3m) (a) (intro.) of the statutes is amended to read:
SB206-engrossed,11,97 253.10 (3m) (a) (intro.) A woman seeking an abortion may waive the 24-hour
8period 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:
SB206-engrossed,10 10Section 10. 253.10 (5) of the statutes is amended to read:
SB206-engrossed,11,1411 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
13penalty may be assessed against the woman upon whom the abortion is performed
14or induced or attempted to be performed or induced.
SB206-engrossed,11 15Section 11. 253.10 (6) (am) of the statutes is created to read:
SB206-engrossed,11,1916 253.10 (6) (am) Any of the following individuals may bring a claim for damages,
17including damages for personal injury and emotional and psychological distress,
18against a person who attempts to perform or performs an abortion in violation of sub.
SB206-engrossed,11,2020 1. A woman on whom an abortion is performed or attempted.
SB206-engrossed,11,2221 2. The father of the aborted unborn child or the unborn child that is attempted
22to be aborted.
SB206-engrossed,11,2423 3. Any grandparent of the aborted unborn child or the unborn child that is
24attempted to be aborted.
SB206-engrossed,12 25Section 12. 253.10 (6) (b) of the statutes is amended to read:
1253.10 (6) (b) A person who has been awarded damages under par. (a) or (am)
2shall, in addition to any damages awarded under par. (a) or (am), be entitled to not
3less than $1,000 nor more than $10,000 in punitive damages for a violation that
4satisfies a standard under s. 895.043 (3).
SB206-engrossed,13 5Section 13. 253.10 (6) (dm) of the statutes is created to read:
SB206-engrossed,12,86 253.10 (6) (dm) A district attorney or the attorney general may institute an
7action for injunctive relief against any person who performs or attempts to perform
8an abortion in violation of sub. (3g).