2019 - 2020 LEGISLATURE
April 22, 2019 - Introduced by Senators Kapenga, Bernier, Craig,
Jacque, Kooyenga, LeMahieu, Marklein, Nass, Olsen, Roth, Stroebel,
Testin, Tiffany and Wanggaard, cosponsored by Representatives Vos,
Ballweg, Brandtjen, Dittrich, Duchow, Felzkowski, Gundrum, Horlacher,
Hutton, Jagler, James, Katsma, Kerkman, Knodl, Kuglitsch, Kulp, Kurtz,
Loudenbeck, Murphy, Oldenburg, Ott, Plumer, Pronschinske, Quinn,
Rodriguez, Rohrkaste, Sanfelippo, Schraa, Skowronski, Snyder, Sortwell,
Spiros, Thiesfeldt, Tittl, Tusler and Edming. Referred to Committee on
Government Operations, Technology and Consumer Protection.
1An Act to amend
69.186 (1) (hm) and 69.186 (2) (intro.) and (a); and to create
69.186 (1) (gg) and (gm), 69.186 (1) (m), 253.10 (3) (c) 1. hr. and 253.10 (3) (d) 3
2m. of the statutes; relating to: informed consent regarding a certain
4abortion-inducing drug regimen and reporting requirements for induced
Analysis by the Legislative Reference Bureau
This bill requires certain information regarding an abortion-inducing drug
regimen to be provided to a woman that is planning to have an abortion induced by
the abortion-inducing drug regimen. This bill also adds to the information required
to be reported for induced abortions.
Under current law, a woman upon whom an abortion is to be performed or
induced must give voluntary and informed written consent to an abortion. Except
in a medical emergency, 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 a
physician, as part of the information that must be provided, to inform the woman,
if she is considering or planning to have an abortion induced by an abortion-inducing
drug regimen that includes mifepristone, that the ingestion of the first drug in the
abortion-inducing drug regimen may not result in an immediate abortion and that,
if the woman changes her mind after ingesting the first drug, the woman may be able
to continue the pregnancy but time is of the essence and she should contact a
physician to discuss options or consult the information provided in the materials that
she is required to be given to locate a health care professional that can assist in
counteracting the effects of the drug. The bill requires the Department of Health
Services to include with the written materials that a woman considering an abortion
must be given materials that are designed to inform a woman about the possibilities
of continuing a pregnancy after ingesting an abortion-inducing drug including
contact information for resources and health care professionals that assist women
in counteracting the effects of the drug and continuing their pregnancies.
Induced abortion reporting
This bill requires a hospital, clinic, or other facility in which an induced
abortion is performed to report additional information in its required annual report
to DHS. Under current law, the report must include, among other pieces of
information, for each patient, the state, and county if Wisconsin, of residence; certain
demographic information; the month and year in which the abortion was performed;
the number of weeks since the patient's last menstrual period; whether the abortion
was chemically or surgically induced or surgically induced following a failed
chemical abortion; any resulting complications; and certain information for
abortions of an unborn child capable of experiencing pain. This bill adds to the
information required in the report the number of previous induced abortions, if any;
whether the induced abortion was paid for by private health coverage, public
assistance coverage, or self-pay; and the reason for the induced abortion as selected
from a list of reasons specified in the bill. The bill also requires reporting the specific
method of a chemical or surgical abortion and includes intrauterine instillation as
a selection for the method of abortion.
Under current law, DHS is required to collect the reported information in a
manner that ensures anonymity of the patient who obtained the abortion, the health
care provider who performed the abortion, and the hospital, clinic, or other facility
in which the abortion was performed. DHS is also required to publish annual
demographic summaries of the reported information except that which reveals the
identity of a patient, provider, or hospital, clinic, or other facility. The bill eliminates
the anonymity of the hospital, clinic, or other facility in which the abortion was
performed and requires that the annual summary by DHS include information
summarized by hospital, clinic, or other facility in which the abortion was performed.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
69.186 (1) (gg) and (gm) of the statutes are created to read:
(gg) The number of previous induced abortions, if any.
(gm) Whether the induced abortion was paid for by private health coverage, 3
public assistance coverage, or self-pay.
69.186 (1) (hm) of the statutes is amended to read:
(hm) Whether the abortion was a chemically induced abortion, and,
6if so, whether mifepristone, misoprostol, a combination of mifepristone and
7misoprostol, methotrexate, or another medication was used;
a surgical abortion and,
8if so, whether dilation and curettage, dilation and evacuation, hysterectomy or
9hysterotomy, or another surgical method was used;
or an intrauterine instillation
10and whether the abortion was
a surgical abortion following a failed or incomplete 11
69.186 (1) (m) of the statutes is created to read:
(m) The reason for the induced abortion as selected from any of the 14
1. The pregnancy was the result of rape.
2. The pregnancy was the result of incest.
3. Economic reasons.
4. The woman does not want children or another child at this time.
5. The woman's emotional health is at stake.
6. The woman's physical health is at stake.
7. The woman will suffer substantial and irreversible impairment of a major 22
bodily function if the pregnancy continues.
8. The pregnancy resulted in fetal anomalies.
9. The reason is unknown or the woman refused to provide a reason.
69.186 (2) (intro.) and (a) of the statutes are amended to read:
(intro.) The department shall collect the information under sub. (1) 2
in a manner which the department shall specify and which ensures the anonymity 3
of a patient who receives an induced abortion,
a health care provider who 4
provides an induced abortion and a hospital, clinic or other facility in which an
5induced abortion is performed
. The department shall publish annual demographic 6
summaries of the information obtained under this section including information
7summarized by hospital, clinic, or other facility in which an induced abortion is
, except that the department may not disclose any information obtained 9
under this section that reveals the identity of any patient, or
health care provider or
10hospital, clinic or other facility
and shall ensure anonymity in all of the following 11
(a) The department may use information concerning the patient number under 13
sub. (1) (b) or concerning the identity of a specific reporting hospital, clinic or other
for purposes of information collection only and may not reproduce or 15
extrapolate this information for any purpose.
253.10 (3) (c) 1. hr. of the statutes is created to read:
(c) 1. hr. If the woman is considering or planning to have an abortion 18
induced by an abortion-inducing drug regimen that includes mifepristone, that the 19
ingestion of the first drug in the abortion-inducing drug regimen may not result in 20
an immediate abortion and that, if the woman changes her mind after ingesting the 21
first drug, the woman may be able to continue the pregnancy but time is of the 22
essence and she should contact a physician to discuss options or consult the 23
information provided in the materials under par. (d) to locate a health care 24
professional that can assist in counteracting the effects of the drug.
253.10 (3) (d) 2m. of the statutes is created to read:
(d) 2m. Materials that are designed to inform a woman about the 2
possibilities of continuing a pregnancy after ingesting an abortion-inducing drug. 3
The materials shall include contact information for resources and health care 4
professionals that assist women in counteracting the effects of the drug and 5
continuing their pregnancies.