AB767: Bill Text

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB767, s. 1 Section 1. 48.375 (4) (b) 1g. of the statutes is amended to read:

AB767,2,11 48.375 (4) (b) 1g. The minor provides the person who intends to perform or induce the abortion with a written statement, signed and dated by the minor, in which the minor swears that the pregnancy is the result of a sexual assault in violation of s. 940.225 (1), (2) or (3) in which the minor did not indicate a freely given agreement to have sexual intercourse. The person who intends to perform or induce the abortion shall place the statement in the minor's medical record and report the sexual intercourse as required under s. 48.981 (2) or (2m) (e) (am) 4. Any minor who makes a false statement under this subdivision, which the minor does not believe is true, is subject to a proceeding under s. 938.12 or 938.13 (12), whichever is applicable, based on a violation of s. 946.32 (2).

AB767, s. 2 Section 2. 48.375 (4) (b) 2. of the statutes is amended to read:

AB767,3,2 48.375 (4) (b) 2. The minor provides the person who intends to perform or induce the abortion with a written statement, signed and dated by the minor, that the pregnancy is the result of sexual intercourse with a caregiver specified in s. 48.981 (1) (am) 1., 2., 3., 4. or 8. The person who intends to perform or induce the abortion shall place the statement in the minor's medical record. The person who intends to perform or induce the abortion shall report the sexual intercourse as required under s. 48.981 (2m) (d) 1. (am) 3. a.

AB767, s. 3 Section 3. 48.981 (2m) (title) of the statutes is amended to read:

AB767,3,4 48.981 (2m) (title) Exception Exceptions to reporting requirement.

AB767, s. 4 Section 4. 48.981 (2m) (a) of the statutes is renumbered 48.981 (2m) (am) 1. and amended to read:

AB767,3,8 48.981 (2m) (am) 1. The purpose of this subsection paragraph is to allow children to obtain confidential health care services.

AB767, s. 5 Section 5. 48.981 (2m) (ar) of the statutes is created to read:

AB767,3,13 48.981 (2m) (ar) A health care provider who is immunified under s. 253.11 (2m) (a) 2. from liability for damages caused to an infant's eyes as a result of not applying a prophylactic agent to the eyes is not required to report as neglect the objection of parents to applying the prophylactic agent under s. 253.11 (2m).

AB767, s. 6 Section 6. 48.981 (2m) (b) of the statutes is renumbered 48.981 (2m) (ag).

AB767, s. 7 Section 7. 48.981 (2m) (c) of the statutes is renumbered 48.981 (2m) (am) 2., and 48.981 (2m) (am) 2. (intro.), as renumbered, is amended to read:

AB767,3,20 48.981 (2m) (am) 2. (intro.) Except as provided under pars. (d) and (e) subds. 3. and 4., the following persons are not required to report as suspected or threatened abuse, as defined in s. 48.02 (1) (b), sexual intercourse or sexual contact involving a child:

AB767, s. 8 Section 8. 48.981 (2m) (d) of the statutes is renumbered 48.981 (2m) (am) 3., and 48.981 (2m) (am) 3. (intro.), as renumbered is amended to read:

AB767,3,25 48.981 (2m) (am) 3. (intro.) Any person described under par. (c) 1. or 4. subd. 2. a. or d. shall report as required under sub. (2) if he or she has reason to suspect any of the following:

AB767, s. 9 Section 9. 48.981 (2m) (e) of the statutes is renumbered 48.981 (2m) (am) 4. and amended to read:

AB767,4,6 48.981 (2m) (am) 4. In addition to the reporting requirements under par. (d) subd. 3., a person described under par. (c) 1. or 4. subd. 2. a. or d. shall report as required under sub. (2) if he or she has any reasonable doubt as to the voluntariness of the child's participation in the sexual contact or sexual intercourse.

AB767, s. 10 Section 10. 253.11 (1) of the statutes is amended to read:

AB767,4,10 253.11 (1) For Except as provided in sub. (2m), for the prevention of ophthalmia neonatorum or infant blindness the attending physician or midwife nurse-midwife shall use a prophylactic agent approved by the department.

AB767, s. 11 Section 11. 253.11 (2m) of the statutes is created to read:

AB767,4,14 253.11 (2m) (a) If both parents of an infant object orally or in writing to application of the prophylactic agent under sub. (1) to the infant's eyes, all of the following apply:

AB767,4,22 1. The physician or nurse-midwife shall provide the parents with a form for their signatures, prescribed by the department, under which the physician or nurse-midwife and the medical facility, if any, in which the infant is born are immune from liability for damage caused to the infant's eyes as a result of not applying the prophylactic agent under sub. (1) and the parents assume full liability for care and treatment of the infant's eyes for the first 14 days after the infant's birth. The physician or nurse-midwife shall provide to the parents oral information about the form.

AB767,5,4 2. If the parents provide the physician or nurse-midwife with a signed form that is specified under subd. 1., the physician or nurse-midwife and the medical facility, if any, in which the infant is born are immune from liability for damage caused to the infant's eyes as a result of not applying the prophylactic agent. The physician or nurse-midwife shall apply the prophylactic agent if the parents orally withdraw their objections and, in the presence of the physician or nurse-midwife, destroy the signed form.

AB767,5,8 (b) If one of the infant's parents is unavailable or unable to object to application of the prophylactic agent under sub. (1) to the infant's eyes, the conditions under par. (a) 1. and 2. shall apply if the other parent objects. The objecting parent shall assume liability on behalf of both parents.

AB767, s. 12 Section 12. 253.11 (3m) of the statutes is created to read:

AB767,5,15 253.11 (3m) The department shall promulgate rules that prescribe the form and contents of the form for immunity from liability for a physician or nurse-midwife and assumption of liability for parents, as specified in sub. (2m). The department shall prepare and distribute the form to all hospitals, to all physicians having a general practice or specializing in family practice, pediatrics or obstetrics and gynecology and to all nurse-midwives.

AB767, s. 13 Section 13. Effective date.

AB767,5,18 (1) This act takes effect on the first day of the 10th month beginning after publication.

AB767,5,19 (End)