AB441: Bill Text

AB441,15,13 3. A certification form for use under par. (c) 5. that lists, in a check-off format, all of the information required to be provided under that subdivision.

AB441,15,17 (e) Requirement to obtain materials. A physician who intends to perform or induce an abortion shall request a reasonably adequate number of the materials that are described under par. (d) from the department under par. (d) or from a county department as specified under s. 46.245.

AB441,16,2 (f) Medical emergency. If a medical emergency exists, the physician who is to perform or induce the abortion necessitated by the medical emergency shall inform the woman, prior to the abortion if possible, of the medical indications supporting the physician's reasonable medical judgment that an immediate abortion is necessary to avert her death or that a 24-hour delay in performance or inducement of an abortion will create a serious risk of substantial and irreversible impairment of one or more of the woman's major bodily functions. If possible, the physician shall obtain the woman's written consent prior to the abortion. The physician shall certify these medical indications in writing and place the certification in the woman's medical record.

AB441,16,10 (g) Presumptions. Satisfaction of the conditions required under par. (c) creates a rebuttable presumption that the woman's consent and, if the woman is a minor and if s. 48.375 (4) (a) 2. does not apply, the consent of the individual who also gives consent under s. 48.375 (4) (a) 1. to an abortion is informed. The presumption of informed consent may be overcome by a preponderance of evidence that establishes that the consent was obtained through fraud, negligence, deception, misrepresentation or omission of a material fact. There is no presumption that consent to an abortion is voluntary.

AB441,16,12 (4) Hotline. The department may maintain a toll-free telephone number that is available 24 hours each day, to provide the materials specified in sub. (3) (d) 1.

AB441,16,14 (5) Penalty. Any person who violates sub. (3) shall be required to forfeit not less than $5,000 nor more than $10,000.

AB441,16,18 (6) Civil remedies. (a) A person who violates sub. (3) is liable to the woman on or for whom the abortion was performed or induced for damages arising out of the performance or inducement of the abortion, including damages for personal injury and emotional and psychological distress.

AB441,16,22 (b) If a person who has been awarded damages under par. (a) proves by clear and convincing evidence that the violation of sub. (3) was wilful, wanton or reckless, that person shall, in addition to any damages awarded under par. (a), be entitled to not less than $5,000 nor more than $10,000 in punitive damages.

AB441,16,24 (c) A conviction under sub. (5) is not a condition precedent to bringing an action, obtaining a judgment or collecting the judgment under this subsection.

AB441,17,3 (d) Notwithstanding s. 814.04 (1), a person who recovers damages under par. (a) or (b) may also recover reasonable attorney fees incurred in connection with the action.

AB441,17,4 (e) A contract is not a defense to an action under this subsection.

AB441,17,5 (f) Nothing in this subsection limits the common law rights of a person.

AB441,17,12 (7) Affirmative defense. No person is liable under sub. (5) or (6) or under s. 441.07 (1) (f) or 457.26 (2) (gm) for failure under sub. (3) (c) 2. d. to provide the printed materials described in sub. (3) (d) to a woman if the person has made a reasonably diligent effort to obtain the printed materials under sub. (3) (e) and s. 46.245 and the department and the county department under s. 46.215, 46.22 or 46.23 have not made the printed materials available at the time that the person is required to give them to the woman.

AB441,17,20 (8) Confidentiality. (a) Notwithstanding ss. 801.09 (1), 801.095, 802.04 (1) and 815.05 (intro.), in an action brought under sub. (5) or (6), the plaintiff may substitute her initials, or fictitious initials, and her age and county of residence for her name and address on the summons and complaint. The plaintiff's attorney shall supply the court with the name and other necessary identifying information of the plaintiff. The court shall maintain the name and other identifying information, and supply the information to other parties to the action, in a manner that reasonably protects the information from being disclosed to the public.

AB441,17,25 (b) Upon motion by the plaintiff, and for good cause shown, or upon its own motion, the court may make any order that justice requires to protect a plaintiff who is using initials in an action under sub. (5) or (6) from annoyance, embarrassment, oppression or undue burden that would arise if any information identifying the plaintiff were made public.

AB441,18,3 (9) Construction. Nothing in this section may be construed as creating or recognizing a right to abortion or as making lawful an abortion that is otherwise unlawful.

AB441, s. 5 Section 5. 441.07 (1) (f) of the statutes is created to read:

AB441,18,5 441.07 (1) (f) Violated the requirements of s. 253.10 (3) (c) 2., 3., 4., 5., 6. or 7.

AB441, s. 6 Section 6. 441.07 (1r) of the statutes is created to read:

AB441,18,15 441.07 (1r) (a) In a hearing brought to determine if a violation of sub. (1) (f) has occurred, the person who files the informal complaint may substitute her initials, or fictitious initials, and her age and county of residence for her name and address to the extent that her name and address may appear on any pleading, notice, order or other paper filed in the disciplinary proceeding. The attorney of the person who files the informal complaint shall supply the board with the name and other necessary identifying information of the person. The board shall maintain the name and other identifying information, and supply the information to parties to the hearing, in a manner that reasonably protects the information from being disclosed to the public.

AB441,18,21 (b) Upon request by the person who files the informal complaint, and for good cause shown, or upon its own motion, the board may make any order that justice requires to protect a person who files the informal complaint, who is using initials in a hearing brought to determine if a violation of sub. (1) (f) has occurred, from annoyance, embarrassment, oppression or undue burden that would arise if any information identifying the person were made public.

AB441, s. 7 Section 7. 448.02 (3) (a) of the statutes is amended to read:

AB441,19,17 448.02 (3) (a) The board shall investigate allegations of unprofessional conduct and negligence in treatment by persons holding a license, certificate or limited permit granted by the board. An allegation that a physician has violated s. 253.10 (3), 448.30 or 450.13 (2) or has failed to mail or present a medical certification required under s. 69.18 (2) within 21 days after the pronouncement of death of the person who is the subject of the required certificate or that a physician has failed at least 6 times within a 6-month period to mail or present a medical certificate required under s. 69.18 (2) within 6 days after the pronouncement of death of the person who is the subject of the required certificate is an allegation of unprofessional conduct. Information contained in reports filed with the board under s. 49.45 (2) (a) 12r., 50.36 (3) (b), 609.17 or 632.715 or under 42 CFR 1001.109 (e) and 42 CFR 1001.124 (a) (3) and (b) shall be investigated by the board. Information contained in a report filed with the board under s. 655.045 (1), as created by 1985 Wisconsin Act 29, which is not a finding of negligence or in a report filed with the board under s. 50.36 (3) (c) may, within the discretion of the board, be used as the basis of an investigation of the persons named in the reports. The board may require a person holding a license, certificate or limited permit to undergo and may consider the results of one or more physical, mental or professional competency examinations if the board believes that the results of any such examinations may be useful to the board in conducting its investigation.

AB441, s. 8 Section 8. 448.02 (3) (bm) of the statutes is created to read:

AB441,20,3 448.02 (3) (bm) 1. In a hearing brought to determine if a violation of s. 253.10 (3) has occurred, the person who files the informal complaint may substitute her initials, or fictitious initials, and her age and county of residence for her name and address to the extent that her name and address may appear on any pleading, notice, order or other paper filed in the disciplinary proceeding. The attorney of the person who files the informal complaint shall supply the board with the name and other necessary identifying information of the person. The board shall maintain the name and other identifying information, and supply the information to parties to the hearing, in a manner that reasonably protects the information from being disclosed to the public.

AB441,20,9 2. Upon request by the person who files the informal complaint, and for good cause shown, or upon its own motion, the board may issue any order that justice requires to protect a person who files the informal complaint, who is using initials in a hearing brought to determine if a violation of s. 253.10 (3) has occurred, from annoyance, embarrassment, oppression or undue burden that would arise if any information identifying the person were made public.

AB441, s. 9 Section 9. 457.26 (2) (gm) of the statutes is created to read:

AB441,20,12 457.26 (2) (gm) Violated the requirements of s. 253.10 (3) (c) 2., 3., 4., 5., 6. or 7.

AB441, s. 10 Section 10. 457.26 (2m) of the statutes is created to read:

AB441,20,23 457.26 (2m) (a) In a hearing brought to determine if a violation of sub. (2) (gm) has occurred, the person who files the informal complaint may substitute her initials, or fictitious initials, and her age and county of residence for her name and address, to the extent that her name and address may appear on any pleading, notice, order or other paper filed in the disciplinary proceedings. The attorney of the person who files the informal complaint shall supply the social worker section of the examining board with the name and other necessary identifying information of the person. The social worker section of the examining board shall maintain the name and other identifying information, and supply the information to parties to the hearing, in a manner that reasonably protects the information from being disclosed to the public.

AB441,21,5 (b) Upon request by the person who files the informal complaint, and for good cause shown, or upon its own motion, the social worker section of the examining board may issue any order that justice requires to protect a person who files the informal complaint, who is using initials in a hearing brought to determine if a violation of sub. (2) (gm) has occurred, from annoyance, embarrassment, oppression or undue burden that would arise if any information identifying the person were made public.

AB441, s. 11 Section 11. 893.55 (3m) of the statutes is created to read:

AB441,21,16 893.55 (3m) (a) Notwithstanding ss. 801.09 (1), 801.095, 802.04 (1) and 815.05 (intro.), in an action brought under this section resulting from a violation of s. 253.10 (3) or in an action to recover damages for injury that arises from the performance or inducement of an abortion, the plaintiff may substitute her initials, or fictitious initials, and her age and county of residence for her name and address on the summons and complaint. The plaintiff's attorney shall supply the court with the name and other necessary identifying information of the plaintiff. The court shall maintain the name and other identifying information, and supply the information to other parties to the action, in a manner that reasonably protects the information from being disclosed to the public.

AB441,21,23 (b) Upon motion by the plaintiff, and for good cause shown, or upon its own motion, the court may make any order that justice requires to protect a plaintiff who is using initials in an action under this section resulting from a violation of s. 253.10 (3) or in an action to recover damages for injury that arises from the performance or inducement of an abortion from annoyance, embarrassment, oppression or undue burden that would arise if any information identifying the plaintiff were made public.

AB441,21,24 (End)