AB434: Bill Text

AB434,2,12 (c) "Emergency contraception" has the meaning given in s. 50.375 (1) (a).

AB434,2,15 (d) "Health information" means any oral or written information in any form or medium that relates to the physical or mental health or condition of a client and any information in any form that relates to a client's health insurance.

AB434,2,17 (e) "Licensed health care provider" means a physician licensed under subch. II of ch. 448.

AB434,3,3 (f) "Limited services pregnancy center" means a pregnancy services center that does not directly provide abortions or emergency contraception to clients or provide referrals to clients for abortions or emergency contraception.

AB434,3,8 (g) "Pregnancy services center" means a facility, including a mobile facility, the primary purpose of which is to provide services to women who are or may be pregnant and that offers obstetric ultrasounds, obstetric sonograms, or prenatal care to pregnant women or has the appearance of a medical facility. A pregnancy services center has the appearance of a medical facility if at least 2 of the following apply:

AB434,3,9 1. The facility offers pregnancy testing or pregnancy diagnosis.

AB434,3,10 2. The facility has staff or volunteers who wear medical attire or uniforms.

AB434,3,11 3. The facility contains one or more examination tables.

AB434,3,13 4. The facility contains a private or semi-private room or area containing medical supplies or medical instruments.

AB434,3,15 5. The facility has staff or volunteers who collect health information from clients.

AB434,3,18 6. The facility shares space with a licensed health care provider or is located on the same premises as a state-licensed medical facility or a licensed health care provider.

AB434,3,20 (h) "Prenatal care" means a physical examination, pelvic examination, or clinical laboratory service that is provided to a woman during pregnancy.

AB434,4,3 (2) (a) A limited services pregnancy center that offers or intends to offer pregnancy-related services, directly or indirectly, may not make or disseminate or cause to be made or disseminated any advertisement in any medium, including in a newspaper, magazine, pamphlet, or the Internet, that contains a statement or an omission of material fact related to the services it offers or intends to offer to clients that is untrue or misleading and that the limited services pregnancy center knew or should have known was untrue or misleading when the advertisement was created, published, or republished.

AB434,4,9 (b) A limited services pregnancy center that offers or intends to offer pregnancy-related services, directly or indirectly, may not make or disseminate, or cause to be made or disseminated a misleading or untrue statement concerning the services it offers or intends to offer to clients as part of a plan not to perform services that the limited services pregnancy center advertises that it offers, explicitly or by implication.

AB434,4,14 (3) (a) Subject to par. (b), if the attorney general or a district attorney has reason to believe that a limited services pregnancy center has violated sub. (2), the attorney general or district attorney may bring an action in the name of the state against the limited services pregnancy center for injunctive relief to restrain the violation.

AB434,4,22 (b) Before an action may be commenced under par. (a), the attorney general or district attorney shall notify the limited services pregnancy center, in writing, of the violation. The notice shall specifically identify the violation, including a description of the untrue information or omission of material fact, and provide the limited services pregnancy center 10 days in which to cure the violation. If the limited services pregnancy center fails to cure the violation within 10 days, as determined by the attorney general or district attorney, the attorney general or district attorney may commence an action under par. (a).

AB434,4,24 (c) If a court finds that a limited services pregnancy center violated this section, the court may issue an injunction that requires any of the following:

AB434,5,3 1. That the limited services pregnancy center pay for and disseminate corrective advertising in the same form as the advertisement that is the basis of the violation.

AB434,5,6 2. That the limited services pregnancy center post a notice on its premises, in a location that is readily visible to clients in any waiting area or in each examination room that states all of the following:

AB434,5,7 a. Whether there is a licensed physician on staff at the center.

AB434,5,9 b. Whether abortions, emergency contraception, or referrals for abortions or emergency contraception are available at the center.

AB434,5,12 3. Any other narrowly tailored relief that the court considers necessary to remedy the adverse effects of the false, misleading, or deceptive advertising toward women seeking pregnancy-related services.

AB434,5,14 (d) A court may require each person who violates sub. (2) to forfeit an amount not less than $50 nor more than $500 per violation.

AB434,5,22 (e) In addition to the forfeitures provided under par. (d), the court may award the reasonable and necessary expenses of the investigation and prosecution, including attorney fees, to the state if the action was brought by the attorney general or to the county, if the action was brought by the district attorney. The department of justice shall deposit in the state treasury for deposit into the general fund all moneys that the court awards to the state under this paragraph. The costs of investigation and the expenses of prosecution, including attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh).

AB434,5,23 (End)