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2013 - 2014 LEGISLATURE
June 4, 2013 - Introduced by Senators Lazich, Vukmir, Grothman, Leibham and
Farrow, cosponsored by Representatives Strachota, Jacque, Bernier,
Spiros, Craig, Nass, Tittl, Kleefisch, A. Ott, T. Larson, Thiesfeldt, Born,
Schraa, Ripp, Hutton, LeMahieu, Endsley, Bies and Jagler. Referred to
Committee on Health and Human Services.
SB206,1,6 1An Act to repeal 253.10 (3) (c) 1. g.; to amend 253.10 (3) (c) (intro.), 253.10 (3)
2(c) 5., 253.10 (3) (d) 1., 253.10 (3m) (a) (intro.), 253.10 (5) and 253.10 (6) (b); and
3to create 253.095, 253.10 (3) (c) 1. gm., 253.10 (3) (em), 253.10 (3g), 253.10 (6)
4(am) and 253.10 (6) (dm) of the statutes; relating to: requirements to perform
5abortions, requiring an ultrasound before informed consent for an abortion, and
6providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, a woman upon whom an abortion is to be performed or
induced must give voluntary and informed written consent to the abortion. Consent
is voluntary only if it is given freely and without coercion. Current law requires the
physician who is to perform or induce the abortion to determine whether or not the
woman's consent is, in fact, voluntary by speaking to her in person, out of the
presence of anyone other than a person working for or with the physician. Under
current law, a woman's consent to an abortion is considered informed only if, at least
24 hours before the abortion is performed or induced, the physician or an assistant
has, in person, orally provided the woman with certain information and given to the
woman certain written materials. If the pregnancy is the result of sexual assault or
incest, the 24-hour period, but not the provision of information, may be waived or
reduced under certain circumstances.
This bill requires, except in a medical emergency and except in the situation
where the pregnancy is the result of sexual assault or incest, that before a person may

perform or induce an abortion the physician who is to perform or induce the abortion
or any physician requested by the pregnant woman must do all of the following:
perform, or arrange for a qualified person to perform, an ultrasound on the pregnant
woman using whichever transducer the woman chooses; provide a simultaneous oral
explanation during the ultrasound including the number of unborn children and
presence and location of the unborn child; display the ultrasound images so that the
pregnant woman may view them; provide a medical description of the ultrasound
images including the dimensions of the unborn child and a description of any
viewable external features and internal organs of the unborn child; and provide a
means for the pregnant woman to visualize any fetal heartbeat, in a quality
consistent with current medical practice, and a simultaneous oral explanation of the
visual display of the heartbeat in a manner understandable to a layperson
(ultrasound requirements). No person may require the pregnant woman to view the
ultrasound images or visualize any fetal heartbeat and no person, including the
pregnant woman, may be subject to any penalty if the pregnant woman declines to
view the images or visualize any heartbeat. In a medical emergency, the
performance of an ultrasound is not required if the physician certifies in writing that
the pregnant woman is undergoing a medical emergency and what medical condition
constitutes the emergency. Under the bill, the ultrasound requirements are waived
for a woman whose pregnancy is the result of sexual assault and she satisfies certain
requirements, which are the same for waiving the 24-hour period for consent to be
informed.
The bill requires that, as part of the information a physician must provide a
pregnant woman at least 24 hours before an abortion is performed or induced, the
physician must tell the pregnant woman that she is required to obtain an ultrasound
and must provide her a list of facilities that provide ultrasounds at no cost. The
Department of Health Services is required, under the bill, to compile this list of
facilities that perform ultrasounds at no cost, make the list available to the public,
and provide the list to every facility that performs or induces an abortion. If a
physician at a location other than the facility where the abortion is to be performed
or induced does the activities necessary to satisfy the ultrasound requirements, that
physician must certify on a form that the ultrasound requirements are satisfied and
provide the date on which the ultrasound requirements are satisfied. The pregnant
woman must provide this form to the physician who is to perform or induce the
abortion before the abortion is performed or induced.
Under current law, any person who violates the voluntary and informed
consent requirements is required to forfeit not less than $1,000 nor more than
$10,000. None of the penalties for violating the informed consent requirements may
be assessed against the woman upon whom the abortion is to be performed or induced
or attempted to be performed or induced. Under the bill, any person who violates the
ultrasound requirement is subject to the same forfeiture as any person who violates
another of the voluntary and informed consent requirements.
Current law specifies that a person who violates certain voluntary and
informed consent requirements is liable for damages to the woman on or for whom
an abortion is performed or induced. Someone who has been awarded damages for

that violation is also entitled to additional punitive damages of not less than $1,000
nor more than $10,000 if the violation satisfies the standard to obtain punitive
damages. A person who recovers damages may also recover reasonable attorney fees.
The bill specifies that, in addition to the woman on whom an abortion is performed
or attempted, the father and any grandparent of the aborted unborn child, or the
unborn child that is attempted to be aborted, may bring a claim for damages against
a person who violates the ultrasound requirements. The bill allows a person who
recovers damages for a violation of the ultrasound requirements to recover the same
additional amounts of punitive damages as another violation of voluntary and
informed consent requirements if the standard for obtaining punitive damages is
satisfied but does not allow a person who recovers damages for a violation of the
ultrasound requirements to recover reasonable attorney fees. Additionally, a district
attorney or the attorney general, under the bill, may institute an action against any
person who performs, or attempts to perform, an abortion in violation of the
ultrasound requirements for an injunction to enjoin continued violation of those
requirements.
Under current law, in any court proceeding brought for a violation of the
voluntary and informed consent requirements, the court, upon request of a party to
the proceeding or on its own accord, must rule whether the identity of any woman
upon whom an abortion was performed or induced, or attempted to be performed or
induced, must be kept confidential, unless the woman waives confidentiality. If the
court determines that the woman's identity should be kept confidential the court
must issue orders to the parties, witnesses, and counsel and must direct the sealing
of the record and exclude individuals from the hearing rooms or courtrooms to
safeguard the woman's identity. Any person, except a public official, who brings an
action regarding a violation of voluntary or informed consent requirements must do
so under a pseudonym unless the person obtains written consent of the woman. The
confidentiality requirements, however, are not to be construed to allow the identity
of the plaintiff or witness to be concealed from a defendant. Under the bill, these
confidentiality procedures and provisions also apply to violations of the ultrasound
requirements.
The bill prohibits a physician from performing an abortion unless he or she has
admitting privileges in a hospital within 30 miles of the location where the abortion
is to be performed (admitting privilege requirement). Under the bill, a person who
violates the admitting privilege requirement is required to forfeit not less than
$1,000 nor more than $10,000 and may have an claim for damages brought against
him or her by the woman on whom an abortion is performed or attempted or the
father or any grandparent of the aborted unborn child, or the unborn child that is
attempted to be aborted. A person who is awarded damages for a violation of the
admitting privilege requirement may recover additional punitive damages in the
same amounts as a violation of the voluntary and informed consent requirements
and may also recover reasonable attorney fees. Under the bill, the same
confidentiality procedures and provisions apply to a proceeding brought for a
violation of the admitting privilege requirement as apply to a proceeding brought for
a violation of the voluntary and informed consent requirements.

For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB206, s. 1 1Section 1. 253.095 of the statutes is created to read:
SB206,4,3 2253.095 Requirements to perform abortions. (1) Definition. In this
3section, "abortion" has the meaning given in s. 253.10 (2) (a).
SB206,4,6 4(2) Admitting privileges required. No physician may perform an abortion, as
5defined in s. 253.10 (2) (a), unless he or she has admitting privileges in a hospital
6within 30 miles of the location where the abortion is to be performed.
SB206,4,10 7(3) Penalty. Any person who violates this section shall be required to forfeit
8not less than $1,000 nor more than $10,000. No penalty may be assessed against the
9woman upon whom the abortion is performed or induced or attempted to be
10performed or induced.
SB206,4,14 11(4) Civil remedies. (a) Any of the following individuals may bring a claim for
12damages, including damages for personal injury and emotional and psychological
13distress, against a person who performs, or attempts to perform, an abortion in
14violation of this section:
SB206,4,1515 1. A woman on whom an abortion is performed or attempted.
SB206,4,1716 2. The father of the aborted unborn child or the unborn child that is attempted
17to be aborted.
SB206,4,1918 3. Any grandparent of the aborted unborn child or the child that is attempted
19to be aborted.
SB206,5,220 (b) A person who has been awarded damages under par. (a) shall, in addition
21to any damages awarded under par. (a), be entitled to not less than $1,000 nor more

1than $10,000 in punitive damages for a violation that satisfies a standard under s.
2895.043 (3).
SB206,5,43 (c) A conviction under sub. (3) is not a condition precedent to bringing an action,
4obtaining a judgment, or collecting the judgment under this subsection.
SB206,5,75 (d) Notwithstanding s. 814.04 (1), a person who recovers damages under par.
6(a) or (b) may also recover reasonable attorney fees incurred in connection with the
7action.
SB206,5,88 (e) A contract is not a defense to an action under this subsection.
SB206,5,109 (f) Nothing in this subsection limits the common law rights of a person that are
10not in conflict with sub. (2).
SB206,5,23 11(5) Confidentiality in court proceedings. (a) In every proceeding brought
12under this section, the court, upon motion or sua sponte, shall rule whether the
13identity of any woman upon whom an abortion was performed or induced or
14attempted to be performed or induced shall be kept confidential unless the woman
15waives confidentiality. If the court determines that a woman's identity should be
16kept confidential, the court shall issue orders to the parties, witnesses, and counsel
17and shall direct the sealing of the record and exclusion of individuals from
18courtrooms or hearing rooms to the extent necessary to safeguard the woman's
19identity from public disclosure. If the court issues an order to keep a woman's
20identity confidential, the court shall provide written findings explaining why the
21woman's identity should be kept confidential, why the order is essential to that end,
22how the order is narrowly tailored to its purpose, and why no reasonable less
23restrictive alternative exists.
SB206,6,224 (b) Any person, except for a public official, who brings an action under this
25section shall do so under a pseudonym unless the person obtains the written consent

1of the woman upon whom an abortion was performed or induced, or attempted to be
2performed or induced, in violation of this section.
SB206,6,43 (c) This section may not be construed to allow the identity of a plaintiff or a
4witness to be concealed from the defendant.
SB206, s. 2 5Section 2. 253.10 (3) (c) (intro.) of the statutes is amended to read:
SB206,6,86 253.10 (3) (c) Informed consent. (intro.) Except if a medical emergency exists
7and subject to sub. (3g), a woman's consent to an abortion is informed only if all of
8the following first take place:
SB206, s. 3 9Section 3. 253.10 (3) (c) 1. g. of the statutes is repealed.
SB206, s. 4 10Section 4. 253.10 (3) (c) 1. gm. of the statutes is created to read:
SB206,6,1511 253.10 (3) (c) 1. gm. That the pregnant woman is required to obtain an
12ultrasound that meets the requirements under sub. (3g), if she has not already had
13an ultrasound that meets those requirements. The physician, or other qualified
14physician, shall provide to the pregnant woman a list of providers that perform an
15ultrasound at no cost to the woman, as described in par. (em) 1.
SB206, s. 5 16Section 5. 253.10 (3) (c) 5. of the statutes is amended to read:
SB206,7,717 253.10 (3) (c) 5. The woman certifies in writing on a form that the department
18shall provide, prior to performance or inducement of the abortion, that the
19information that is required under subds. 1. and 2. has been provided to her in the
20manner specified in subd. 3., that the ultrasound required under sub. (3g) has been
21performed or that requirement is waived under sub. (3m) (a),
that she has been
22offered the information described in par. (d) and that all of her questions, as specified
23under subd. 4., have been answered in a satisfactory manner. The physician who is
24to perform or induce the abortion or the qualified person assisting the physician shall
25write on the certification form the name of the physician who is to perform or induce

1the abortion. The woman shall indicate on the certification form who provided the
2information to her and when it was provided and who performed the ultrasound and
3when it was performed, unless the ultrasound requirement is waived under sub. (3m)
4(a). If the ultrasound required under sub. (3g) was performed at a facility other than
5the facility where the physician who is to perform or induce the abortion is located,
6the woman shall provide to the physician who is to perform or induce the abortion
7the certification form described under sub. (3g) (d)
.
SB206, s. 6 8Section 6. 253.10 (3) (d) 1. of the statutes is amended to read:
SB206,8,189 253.10 (3) (d) 1. Geographically indexed materials that are designed to inform
10a woman about public and private agencies, including adoption agencies, and
11services that are available to provide information on family planning, as defined in
12s. 253.07 (1) (a), including natural family planning information, to provide
13ultrasound imaging services, to assist her if she has received a diagnosis that her
14unborn child has a disability or if her pregnancy is the result of sexual assault or
15incest and to assist her through pregnancy, upon childbirth and while the child is
16dependent. The materials shall include a comprehensive list of the agencies
17available, a description of the services that they offer and a description of the manner
18in which they may be contacted, including telephone numbers and addresses, or, at
19the option of the department, the materials shall include a toll-free, 24-hour
20telephone number that may be called to obtain an oral listing of available agencies
21and services in the locality of the caller and a description of the services that the
22agencies offer and the manner in which they may be contacted. The materials shall
23provide information on the availability of governmentally funded programs that
24serve pregnant women and children. Services identified for the woman shall include
25medical assistance for pregnant women and children under s. 49.47 (4) (am) and

149.471, the availability of family or medical leave under s. 103.10, the Wisconsin
2works program under ss. 49.141 to 49.161, child care services, child support laws and
3programs and the credit for expenses for household and dependent care and services
4necessary for gainful employment under section 21 of the Internal Revenue Code.
5The materials shall state that it is unlawful to perform an abortion for which consent
6has been coerced, that any physician who performs or induces an abortion without
7obtaining the woman's voluntary and informed consent is liable to her for damages
8in a civil action and is subject to a civil penalty, that the father of a child is liable for
9assistance in the support of the child, even in instances in which the father has
10offered to pay for an abortion, and that adoptive parents may pay the costs of
11prenatal care, childbirth and neonatal care. The materials shall include
12information, for a woman whose pregnancy is the result of sexual assault or incest,
13on legal protections available to the woman and her child if she wishes to oppose
14establishment of paternity or to terminate the father's parental rights. The
15materials shall state that fetal ultrasound imaging and auscultation of fetal heart
16tone services are obtainable by pregnant women who wish to use them and shall
17describe the services.
The materials shall include information on services in the
18state that are available for victims or individuals at risk of domestic abuse.
SB206, s. 7 19Section 7. 253.10 (3) (em) of the statutes is created to read:
SB206,8,2320 253.10 (3) (em) Ultrasound materials and form. 1. The department shall
21compile a list of facilities, including the names, addresses, and phone numbers, that
22provide ultrasounds at no cost. The department shall make this list available to the
23public and shall provide the list to every facility that performs or induces an abortion.
SB206,8,2524 2. The department shall provide to every facility that performs ultrasounds at
25no cost a list of the requirements under sub. (3g).
SB206,9,4
13. Any facility that intends to perform ultrasounds on pregnant women who are
2seeking to have abortions performed or induced shall create a form on which a
3physician at that facility certifies that the requirements under sub. (3g) are satisfied
4and provides a date the requirements under sub. (3g) are satisfied.
SB206, s. 8 5Section 8. 253.10 (3g) of the statutes is created to read:
SB206,9,106 253.10 (3g) Performance of ultrasound. (a) Except as provided under sub.
7(3m) and except in a medical emergency and before a person may perform or induce
8an abortion on a pregnant woman, the physician who is to perform or induce the
9abortion, or any physician requested by the pregnant woman, shall do all of the
10following:
SB206,9,1311 1. Perform, or arrange for a person who is qualified to perform an ultrasound
12to perform, an obstetric ultrasound on the pregnant woman using whichever
13transducer the woman chooses after the options have been explained to her.
SB206,9,1714 2. Provide a simultaneous oral explanation to the pregnant woman during the
15ultrasound of what the ultrasound is depicting, including the presence and location
16of the unborn child within the uterus, the number of unborn children, and the
17occurrence of the death of an unborn child, if such a death has occurred.
SB206,9,1818 3. Display the ultrasound images so that the pregnant woman may view them.
SB206,9,2119 4. Provide to the pregnant woman a medical description of the ultrasound
20images, including the dimensions of the unborn child and a description of any
21external features and internal organs that are present and viewable on the image.
SB206,9,2522 5. Provide a means for the pregnant woman to visualize any fetal heartbeat,
23in a quality consistent with current medical practice, and provide to the pregnant
24woman, in a manner understandable to a layperson, a simultaneous oral explanation
25of the visual display of any heartbeat.
SB206,10,5
1(b) No person may require a pregnant woman to view the ultrasound images
2that are required to be displayed for and reviewed with her or to visualize to any fetal
3heartbeat. No person, including the pregnant woman, may be subject to any penalty
4if the pregnant woman declines to view the displayed ultrasound images or to
5visualize any fetal heartbeat.
SB206,10,96 (c) The requirement under par. (a) does not apply if, the physician, in a writing
7that is placed in the woman's medical record, certifies that the pregnant woman is
8undergoing a medical emergency and certifies the medical condition that constitutes
9the medical emergency.
SB206,10,1510 (d) A physician other than a physician at the facility where the abortion is to
11be performed or induced may do the activities necessary to satisfy the requirements
12of this subsection. A physician at a location other than the facility where the abortion
13is to be performed or induced who does the activities under par. (a) shall certify on
14a form described under sub. (3) (em) 3. that the requirements of this subsection are
15satisfied and shall provide the date on which the requirements are satisfied.
SB206, s. 9 16Section 9. 253.10 (3m) (a) (intro.) of the statutes is amended to read:
SB206,10,1917 253.10 (3m) (a) (intro.) A woman seeking an abortion may waive the 24-hour
18period required under sub. (3) (c) 1. (intro.) and L. and 2. (intro.) and may waive all
19of the requirements under sub. (3g)
if all of the following are first done:
SB206, s. 10 20Section 10. 253.10 (5) of the statutes is amended to read:
SB206,10,2421 253.10 (5) Penalty. Any person who violates sub. (3), (3g) (a), or (3m) (a) 2. or
22(b) 2. shall be required to forfeit not less than $1,000 nor more than $10,000. No
23penalty may be assessed against the woman upon whom the abortion is performed
24or induced or attempted to be performed or induced.
SB206, s. 11 25Section 11. 253.10 (6) (am) of the statutes is created to read:
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