AB441-engrossed,9,2421 (f) "Qualified person assisting the physician" means a social worker certified
22under ch. 457, a registered nurse or a physician assistant to whom a physician who
23is to perform or induce an abortion has delegated the responsibility, as the
24physician's agent, for providing the information required under sub. (3) (c) 2.
AB441-engrossed,10,2
1(g) "Qualified physician" means a physician who by training or experience is
2qualified to provide the information required under sub. (3) (c) 1.
AB441-engrossed,10,33 (h) "Viability" has the meaning given in s. 940.15 (1).
AB441-engrossed,10,8 4(3) Voluntary and informed consent. (a) Generally. An abortion may not be
5performed or induced unless the woman upon whom the abortion is to be performed
6or induced has and, if the woman is a minor and s. 48.375 (4) (a) 2. does not apply,
7the individual who also gives consent under s. 48.375 (4) (a) 1. have given voluntary
8and informed written consent under the requirements of this section.
AB441-engrossed,10,109 (b) Voluntary consent. Consent under this section to an abortion is voluntary
10only if the consent is given freely and without coercion by any person.
AB441-engrossed,10,1211 (c) Informed consent. Except if a medical emergency exists, a woman's consent
12to an abortion is informed only if all of the following first take place:
AB441-engrossed,10,1513 1. At least 24 hours before the abortion is to be performed or induced, the
14physician who is to perform or induce the abortion or any other qualified physician
15has, in person, orally informed the woman of all of the following:
AB441-engrossed,10,1716 a. Whether or not, according to the reasonable medical judgment of the
17physician, the woman is pregnant.
AB441-engrossed,10,2018 b. The probable gestational age of the unborn child at the time that the
19information is provided. The physician or other qualified physician shall also
20provide this information to the woman in writing at this time.
AB441-engrossed,10,2121 c. The particular medical risks, if any, associated with the woman's pregnancy.
AB441-engrossed,10,2322 d. The probable anatomical and physiological characteristics of the woman's
23unborn child at the time the information is given.
AB441-engrossed,10,2524 e. The details of the medical or surgical method that would be used in
25performing or inducing the abortion.
AB441-engrossed,11,4
1f. The medical risks associated with the particular abortion procedure that
2would be used, including the risks of infection, psychological trauma, hemorrhage,
3endometritis, perforated uterus, incomplete abortion, failed abortion, danger to
4subsequent pregnancies and infertility.
AB441-engrossed,11,95 g. That fetal ultrasound imaging and auscultation of fetal heart tone services
6are available that enable a pregnant woman to view the image or hear the heartbeat
7of her unborn child. In so informing the woman and describing these services, the
8physician shall advise the woman as to how she may obtain these services if she
9desires to do so.
AB441-engrossed,11,1210 h. The recommended general medical instructions for the woman to follow after
11an abortion to enhance her safe recovery and the name and telephone number of a
12physician to call if complications arise after the abortion.
AB441-engrossed,11,1613 i. If, in the reasonable medical judgment of the physician, the woman's unborn
14child has reached viability, that the physician who is to perform or induce the
15abortion is required to take all steps necessary under s. 940.15 to preserve and
16maintain the life and health of the child.
AB441-engrossed,11,1917 j. Any other information that a reasonable patient would consider material and
18relevant to a decision of whether or not to carry a child to birth or to undergo an
19abortion.
AB441-engrossed,11,2120 k. That the woman may withdraw her consent to have an abortion at any time
21before the abortion is performed or induced.
AB441-engrossed,11,2422 L. That the woman is not required to pay any amount for performance or
23inducement of the abortion until at least 24 hours have elapsed after the
24requirements of this paragraph are met.
AB441-engrossed,12,4
12. At least 24 hours before the abortion is to be performed or induced, the
2physician who is to perform or induce the abortion, a qualified person assisting the
3physician or another qualified physician has, in person, orally informed the woman
4of all of the following:
AB441-engrossed,12,65 a. That benefits under the medical assistance program may be available for
6prenatal care, childbirth and neonatal care.
AB441-engrossed,12,87 b. That the father of the unborn child is liable for assistance in the support of
8the woman's child, if born, even if the father has offered to pay for the abortion.
AB441-engrossed,12,129 c. That the woman has a legal right to continue her pregnancy and to keep the
10child, place the child in foster care, place the child with a relative for adoption or
11petition the court for placement of the child for adoption in the home of a person who
12is not a relative.
AB441-engrossed,12,1813 d. That the woman has the right to receive and review the printed materials
14described in par. (d). The physician or qualified person assisting the physician shall
15physically give the materials to the woman and shall, in person, orally inform her
16that the materials are free of charge, have been provided by the state and describe
17the unborn child and list agencies that offer alternatives to abortion and shall
18provide her with the current updated copies of the printed materials free of charge.
AB441-engrossed,12,2319 e. If the woman has received a diagnosis of disability for her unborn child, that
20the printed materials described in par. (d) contain information on community-based
21services and financial assistance programs for children with disabilities and their
22families, information on support groups for people with disabilities and parents of
23children with disabilities and information on adoption of children with special needs.
AB441-engrossed,13,324 f. If the woman asserts that her pregnancy is the result of sexual assault or
25incest, that the printed materials described in par. (d) contain information on

1counseling services and support groups for victims of sexual assault and incest and
2legal protections available to the woman and her child if she wishes to oppose
3establishment of paternity or to terminate the father's parental rights.
AB441-engrossed,13,64 g. The availability of public and private agencies and services to provide the
5woman with birth control information, including natural family planning
6information.
AB441-engrossed,13,127 3. The information that is required under subds. 1. and 2. is provided to the
8woman in an individual setting that protects her privacy, maintains the
9confidentiality of her decision and ensures that the information she receives focuses
10on her individual circumstances. This subdivision may not be construed to prevent
11the woman from having a family member, or any other person of her choice, present
12during her private counseling.
AB441-engrossed,13,1713 4. Whoever provides the information that is required under subd. 1. or 2., or
14both, provides adequate opportunity for the woman to ask questions, including
15questions concerning the pregnancy, her unborn child, abortion, foster care and
16adoption, and provides the information that is requested or indicates to the woman
17where she can obtain the information.
AB441-engrossed,14,218 5. The woman certifies in writing on a form that the department shall provide,
19prior to performance or inducement of the abortion, that the information that is
20required under subds. 1. and 2. has been provided to her in the manner specified in
21subd. 3., that she has been offered the information described in par. (d) and that all
22of her questions, as specified under subd. 4., have been answered in a satisfactory
23manner. The physician who is to perform or induce the abortion or the qualified
24person assisting the physician shall write on the certification form the name of the

1physician who is to perform or induce the abortion. The woman shall indicate on the
2certification form who provided the information to her and when it was provided.
AB441-engrossed,14,83 6. Prior to the performance or the inducement of the abortion, the physician
4who is to perform or induce the abortion or the qualified person assisting the
5physician receives the written certification that is required under subd. 5. The
6physician or qualified person assisting the physician shall place the certification in
7the woman's medical record and shall provide the woman with a copy of the
8certification.
AB441-engrossed,14,159 7. If the woman considering an abortion is a minor, unless s. 48.375 (4) (a) 2.
10applies, the requirements to provide information to the woman under subds. 1. to 6.
11apply to also require provision of the information to the individual whose consent is
12also required under s. 48.375 (4) (a) 1. If the woman considering an abortion has been
13adjudicated incompetent under ch. 880, the requirements to provide information to
14the woman under subds. 1. to 6. apply to also require provision of the information to
15the person appointed as the woman's guardian.
AB441-engrossed,14,2216 (cm) List upon request. Upon request of the woman receiving information
17under par. (c), the physician who is to perform or induce the abortion, a qualified
18person assisting the physician or another qualified physician shall provide the
19woman with the list distributed under s. 46.245 (2) by a county department. The list
20shall specify public and private agencies and services that are available to provide
21the woman with birth control information, including natural family planning
22information.
AB441-engrossed,15,823 (d) Printed information. By the date that is 60 days after the effective date of
24this paragraph .... [revisor inserts date], the department shall cause to be published
25in English, Spanish, and other languages spoken by a significant number of state

1residents, as determined by the department, materials that are in an easily
2comprehensible format and are printed in type of not less than 12-point size. The
3department shall distribute a reasonably adequate number of the materials to
4county departments as specified under s. 46.245 (1) and upon request, annually
5review the materials for accuracy and exercise reasonable diligence in providing
6materials that are accurate and current. The department may charge a fee not to
7exceed the actual cost of the preparation and distribution of the materials. The
8materials shall be all of the following:
AB441-engrossed,16,159 1. Geographically indexed materials that are designed to inform a woman
10about public and private agencies, including adoption agencies, and services that are
11available to provide ultrasound imaging services, to assist her if she has received a
12diagnosis that her unborn child has a disability or if her pregnancy is the result of
13sexual assault or incest and to assist her through pregnancy, upon childbirth and
14while the child is dependent. The materials shall include a comprehensive list of the
15agencies available, a description of the services that they offer and a description of
16the manner in which they may be contacted, including telephone numbers and
17addresses, or, at the option of the department, the materials shall include a toll-free,
1824-hour telephone number that may be called to obtain an oral listing of available
19agencies and services in the locality of the caller and a description of the services that
20the agencies offer and the manner in which they may be contacted. The materials
21shall provide information on the availability of governmentally funded programs
22that serve pregnant women and children. Services identified for the woman shall
23include aid to families with dependent children under s. 49.19, medical assistance
24for pregnant women and children under s. 49.47 (4) (am), the job opportunities and
25basic skills program under s. 49.193, the availability of family or medical leave under

1s. 103.10, child care services, child support laws and programs and the credit for
2expenses for household and dependent care and services necessary for gainful
3employment under section 21 of the internal revenue code. The materials shall state
4that it is unlawful for any person to coerce a woman to undergo an abortion, that any
5physician who performs or induces an abortion without obtaining the woman's
6voluntary and informed consent is liable to her for damages in a civil action and is
7subject to a civil penalty, that the father of a child is liable for assistance in the
8support of the child, even in instances in which the father has offered to pay for an
9abortion, and that adoptive parents may pay the costs of prenatal care, childbirth
10and neonatal care. The materials shall include information, for a woman whose
11pregnancy is the result of sexual assault or incest, on legal protections available to
12the woman and her child if she wishes to oppose establishment of paternity or to
13terminate the father's parental rights. The materials shall state that fetal
14ultrasound imaging and auscultation of fetal heart tone services are obtainable by
15pregnant women who wish to use them and shall describe the services.
AB441-engrossed,17,716 2. Materials, including photographs, pictures or drawings, that are designed
17to inform the woman of the probable anatomical and physiological characteristics of
18the unborn child at 2-week gestational increments for the first 16 weeks of her
19pregnancy and at 4-week gestational increments from the 17th week of the
20pregnancy to full term, including any relevant information regarding the time at
21which the unborn child could possibly be viable. The pictures or drawings must
22contain the dimensions of the unborn child and must be realistic and appropriate for
23the stage of pregnancy depicted. The materials shall be objective, nonjudgmental
24and designed to convey only accurate scientific information about the unborn child
25at the various gestational ages, including appearance, mobility, brain and heart

1activity and function, tactile sensitivity and the presence of internal organs and
2external members. The materials shall also contain objective, accurate information
3describing the methods of abortion procedures commonly employed, the medical and
4psychological risks commonly associated with each such procedure, including the
5risks of infection, psychological trauma, hemorrhage, endometritis, perforated
6uterus, incomplete abortion, failed abortion, danger to subsequent pregnancies and
7infertility, and the medical risks commonly associated with carrying a child to birth.
AB441-engrossed,17,98 3. A certification form for use under par. (c) 5. that lists, in a check-off format,
9all of the information required to be provided under that subdivision.
AB441-engrossed,17,1510 (e) Requirement to obtain materials. A physician who intends to perform or
11induce an abortion or another qualified physician, who reasonably believes that he
12or she might have a patient for whom the information under par. (d) is required to
13be given, shall request a reasonably adequate number of the materials that are
14described under par. (d) from the department under par. (d) or from a county
15department as specified under s. 46.245 (1).
AB441-engrossed,17,2516 (f) Medical emergency. If a medical emergency exists, the physician who is to
17perform or induce the abortion necessitated by the medical emergency shall inform
18the woman, prior to the abortion if possible, of the medical indications supporting the
19physician's reasonable medical judgment that an immediate abortion is necessary
20to avert her death or that a 24-hour delay in performance or inducement of an
21abortion will create a serious risk of substantial and irreversible impairment of one
22or more of the woman's major bodily functions. If possible, the physician shall obtain
23the woman's written consent prior to the abortion. The physician shall certify these
24medical indications in writing and place the certification in the woman's medical
25record.
AB441-engrossed,18,8
1(g) Presumptions. Satisfaction of the conditions required under par. (c) creates
2a rebuttable presumption that the woman's consent and, if the woman is a minor and
3if s. 48.375 (4) (a) 2. does not apply, the consent of the individual who also gives
4consent under s. 48.375 (4) (a) 1. to an abortion is informed. The presumption of
5informed consent may be overcome by a preponderance of evidence that establishes
6that the consent was obtained through fraud, negligence, deception,
7misrepresentation or omission of a material fact. There is no presumption that
8consent to an abortion is voluntary.
AB441-engrossed,18,10 9(4) Hotline. The department may maintain a toll-free telephone number that
10is available 24 hours each day, to provide the materials specified in sub. (3) (d) 1.
AB441-engrossed,18,12 11(5) Penalty. Any person who violates sub. (3) shall be required to forfeit not
12less than $5,000 nor more than $10,000.
AB441-engrossed,18,16 13(6) Civil remedies. (a) A person who violates sub. (3) is liable to the woman
14on or for whom the abortion was performed or induced for damages arising out of the
15performance or inducement of the abortion, including damages for personal injury
16and emotional and psychological distress.
AB441-engrossed,18,2017 (b) A person who has been awarded damages under par. (a) shall, in addition
18to any damages awarded under par. (a), be entitled to not less than $5,000 nor more
19than $10,000 in punitive damages for a violation that satisfies a standard under s.
20895.85 (3).
AB441-engrossed,18,2221 (c) A conviction under sub. (5) is not a condition precedent to bringing an action,
22obtaining a judgment or collecting the judgment under this subsection.
AB441-engrossed,18,2523 (d) Notwithstanding s. 814.04 (1), a person who recovers damages under par.
24(a) or (b) may also recover reasonable attorney fees incurred in connection with the
25action.
AB441-engrossed,19,1
1(e) A contract is not a defense to an action under this subsection.
AB441-engrossed,19,32 (f) Nothing in this subsection limits the common law rights of a person that are
3not in conflict with sub. (3).
AB441-engrossed,19,11 4(7) Affirmative defense. No person is liable under sub. (5) or (6) or under s.
5441.07 (1) (f) or 457.26 (2) (gm) for failure under sub. (3) (c) 2. d. to provide the printed
6materials described in sub. (3) (d) to a woman or for failure under sub. (3) (c) 2. d.,
7e. or f. to describe the contents of the printed materials if the person has made a
8reasonably diligent effort to obtain the printed materials under sub. (3) (e) and s.
946.245 (1) and the department and the county department under s. 46.215, 46.22 or
1046.23 have not made the printed materials available at the time that the person is
11required to give them to the woman.
AB441-engrossed,19,14 12(8) Construction. Nothing in this section may be construed as creating or
13recognizing a right to abortion or as making lawful an abortion that is otherwise
14unlawful.
AB441-engrossed, s. 5 15Section 5. 441.07 (1) (f) of the statutes is created to read:
AB441-engrossed,19,1716 441.07 (1) (f) A violation of the requirements of s. 253.10 (3) (c) 2., 3., 4., 5., 6.
17or 7.
AB441-engrossed, s. 6 18Section 6. 448.02 (3) (a) of the statutes is amended to read:
AB441-engrossed,20,1319 448.02 (3) (a) The board shall investigate allegations of unprofessional conduct
20and negligence in treatment by persons holding a license, certificate or limited
21permit granted by the board. An allegation that a physician has violated s. 253.10
22(3),
448.30 or 450.13 (2) or has failed to mail or present a medical certification
23required under s. 69.18 (2) within 21 days after the pronouncement of death of the
24person who is the subject of the required certificate or that a physician has failed at
25least 6 times within a 6-month period to mail or present a medical certificate

1required under s. 69.18 (2) within 6 days after the pronouncement of death of the
2person who is the subject of the required certificate is an allegation of unprofessional
3conduct. Information contained in reports filed with the board under s. 49.45 (2) (a)
412r., 50.36 (3) (b), 609.17 or 632.715 or under 42 CFR 1001.109 (e) and 42 CFR
51001.124
(a) (3) and (b) shall be investigated by the board. Information contained
6in a report filed with the board under s. 655.045 (1), as created by 1985 Wisconsin
7Act 29
, which is not a finding of negligence or in a report filed with the board under
8s. 50.36 (3) (c) may, within the discretion of the board, be used as the basis of an
9investigation of the persons named in the reports. The board may require a person
10holding a license, certificate or limited permit to undergo and may consider the
11results of one or more physical, mental or professional competency examinations if
12the board believes that the results of any such examinations may be useful to the
13board in conducting its investigation.
AB441-engrossed, s. 7 14Section 7. 457.26 (2) (gm) of the statutes is created to read:
AB441-engrossed,20,1615 457.26 (2) (gm) Violated the requirements of s. 253.10 (3) (c) 2., 3., 4., 5., 6. or
167.
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