TJD:wlj:jf
2013 - 2014 LEGISLATURE
June 12, 2013 - Printed by direction of Assembly Chief Clerk.
SB206-engrossed,1,6 1An Act to repeal 253.10 (3) (c) 1. g.; to amend 253.10 (3) (c) (intro.), 253.10 (3)
2(c) 5., 253.10 (3) (d) 1., 253.10 (3m) (a) (intro.), 253.10 (5) and 253.10 (6) (b); and
3to create 253.095, 253.10 (3) (c) 1. gm., 253.10 (3) (em), 253.10 (3g), 253.10 (6)
4(am) and 253.10 (6) (dm) of the statutes; relating to: requirements to perform
5abortions, requiring an ultrasound before informed consent for an abortion, and
6providing a penalty.
Analysis by the Legislative Reference Bureau
Engrossment information:
The text of Engrossed 2013 Senate Bill 206 consists of the following documents
adopted in the senate on June 12, 2013: the bill as affected by Senate Amendments
1, 13, 14, and 16.
Content of Engrossed 2013 Senate Bill 206:
Under current law, a woman upon whom an abortion is to be performed or
induced must give voluntary and informed written consent to the abortion. Consent
is voluntary only if it is given freely and without coercion. Current law requires the
physician who is to perform or induce the abortion to determine whether or not the
woman's consent is, in fact, voluntary by speaking to her in person, out of the
presence of anyone other than a person working for or with the physician. Under
current law, 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, except in a medical emergency and except in the situation
where the pregnancy is the result of sexual assault or incest, that before a person may
perform or induce an abortion the physician who is to perform or induce the abortion
or any physician requested by the pregnant woman must do all of the following or
shall arrange for a person who is qualified to perform an ultrasound to do all of the
following: perform an ultrasound on the pregnant woman using whichever
transducer the woman chooses; provide a simultaneous oral explanation during the
ultrasound including the number of unborn children and presence and location of the
unborn child; display the ultrasound images so that the pregnant woman may view
them; provide a medical description of the ultrasound images including the
dimensions of the unborn child and a description of any viewable external features
and internal organs of the unborn child; and provide a means for the pregnant
woman to visualize any fetal heartbeat, if detectable by the chosen ultrasound
transducer type, and a simultaneous oral explanation of the visual display of the
heartbeat in a manner understandable to a layperson (ultrasound requirements).
A facility that offers ultrasounds at no cost must have transducers to perform both
transabdominal and transvaginal ultrasounds. No person may require the pregnant
woman to view the ultrasound images or visualize any fetal heartbeat and no person,
including the pregnant woman, may be subject to any penalty if the pregnant woman
declines to view the images or visualize any heartbeat. In a medical emergency, the
performance of an ultrasound is not required if the physician certifies in writing that
the pregnant woman is undergoing a medical emergency and what medical condition
constitutes the emergency. Under the bill, the ultrasound requirements are waived
for a woman whose pregnancy is the result of sexual assault and she satisfies certain
requirements, which are the same for waiving the 24-hour period for consent to be
informed.
The bill requires that, as part of the information a physician must provide a
pregnant woman at least 24 hours before an abortion is performed or induced, the
physician must tell the pregnant woman that she is required to obtain an ultrasound
and must provide her a list of facilities that provide ultrasounds at no cost. The
Department of Health Services is required, under the bill, to compile this list of
facilities that perform ultrasounds at no cost, make the list available to the public,
and provide the list to every facility that performs or induces an abortion. If a
physician at a location other than the facility where the abortion is to be performed
or induced does or arranges for the performance of the activities necessary to satisfy
the ultrasound requirements, that physician must certify on a form that the
ultrasound requirements are satisfied and provide the date on which the ultrasound
requirements are satisfied. The pregnant woman must provide this form to the
physician who is to perform or induce the abortion before the abortion is performed

or induced. No person who has been convicted of a sex crime, as specified in the bill,
may perform an ultrasound to fulfill the ultrasound requirements.
Under current law, any person who violates the voluntary and informed
consent requirements is required to forfeit not less than $1,000 nor more than
$10,000. None of the penalties for violating the informed consent requirements may
be assessed against the woman upon whom the abortion is to be performed or induced
or attempted to be performed or induced. Under the bill, any person who violates the
ultrasound requirement is subject to the same forfeiture as any person who violates
another of the voluntary and informed consent requirements.
Current law specifies that a person who violates certain voluntary and
informed consent requirements is liable for damages to the woman on or for whom
an abortion is performed or induced. Someone who has been awarded damages for
that violation is also entitled to additional punitive damages of not less than $1,000
nor more than $10,000 if the violation satisfies the standard to obtain punitive
damages. A person who recovers damages may also recover reasonable attorney fees.
The bill specifies that, in addition to the woman on whom an abortion is performed
or attempted, the father and any grandparent of the aborted unborn child, or the
unborn child that is attempted to be aborted, may bring a claim for damages against
a person who violates the ultrasound requirements. The bill allows a person who
recovers damages for a violation of the ultrasound requirements to recover the same
additional amounts of punitive damages as another violation of voluntary and
informed consent requirements if the standard for obtaining punitive damages is
satisfied but does not allow a person who recovers damages for a violation of the
ultrasound requirements to recover reasonable attorney fees. Additionally, a district
attorney or the attorney general, under the bill, may institute an action against any
person who performs, or attempts to perform, an abortion in violation of the
ultrasound requirements for an injunction to enjoin continued violation of those
requirements.
Under current law, in any court proceeding brought for a violation of the
voluntary and informed consent requirements, the court, upon request of a party to
the proceeding or on its own accord, must rule whether the identity of any woman
upon whom an abortion was performed or induced, or attempted to be performed or
induced, must be kept confidential, unless the woman waives confidentiality. If the
court determines that the woman's identity should be kept confidential the court
must issue orders to the parties, witnesses, and counsel and must direct the sealing
of the record and exclude individuals from the hearing rooms or courtrooms to
safeguard the woman's identity. Any person, except a public official, who brings an
action regarding a violation of voluntary or informed consent requirements must do
so under a pseudonym unless the person obtains written consent of the woman. The
confidentiality requirements, however, are not to be construed to allow the identity
of the plaintiff or witness to be concealed from a defendant. Under the bill, these
confidentiality procedures and provisions also apply to violations of the ultrasound
requirements.
The bill prohibits a physician from performing an abortion unless he or she has
admitting privileges in a hospital within 30 miles of the location where the abortion

is to be performed (admitting privilege requirement). Under the bill, a person who
violates the admitting privilege requirement is required to forfeit not less than
$1,000 nor more than $10,000 and may have an claim for damages brought against
him or her by the woman on whom an abortion is performed or attempted or the
father or any grandparent of the aborted unborn child, or the unborn child that is
attempted to be aborted. A person who is awarded damages for a violation of the
admitting privilege requirement may recover additional punitive damages in the
same amounts as a violation of the voluntary and informed consent requirements
and may also recover reasonable attorney fees. Under the bill, the same
confidentiality procedures and provisions apply to a proceeding brought for a
violation of the admitting privilege requirement as apply to a proceeding brought for
a violation of the voluntary and informed consent requirements.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB206-engrossed,1 1Section 1. 253.095 of the statutes is created to read:
SB206-engrossed,4,3 2253.095 Requirements to perform abortions. (1) Definition. In this
3section, "abortion" has the meaning given in s. 253.10 (2) (a).
SB206-engrossed,4,6 4(2) Admitting privileges required. No physician may perform an abortion, as
5defined in s. 253.10 (2) (a), unless he or she has admitting privileges in a hospital
6within 30 miles of the location where the abortion is to be performed.
SB206-engrossed,4,10 7(3) Penalty. Any person who violates this section shall be required to forfeit
8not less than $1,000 nor more than $10,000. No penalty may be assessed against the
9woman upon whom the abortion is performed or induced or attempted to be
10performed or induced.
SB206-engrossed,4,14 11(4) Civil remedies. (a) Any of the following individuals may bring a claim for
12damages, including damages for personal injury and emotional and psychological
13distress, against a person who performs, or attempts to perform, an abortion in
14violation of this section:
SB206-engrossed,5,1
11. A woman on whom an abortion is performed or attempted.
SB206-engrossed,5,32 2. The father of the aborted unborn child or the unborn child that is attempted
3to be aborted.
SB206-engrossed,5,54 3. Any grandparent of the aborted unborn child or the child that is attempted
5to be aborted.
SB206-engrossed,5,96 (b) A person who has been awarded damages under par. (a) shall, in addition
7to any damages awarded under par. (a), be entitled to not less than $1,000 nor more
8than $10,000 in punitive damages for a violation that satisfies a standard under s.
9895.043 (3).
SB206-engrossed,5,1110 (c) A conviction under sub. (3) is not a condition precedent to bringing an action,
11obtaining a judgment, or collecting the judgment under this subsection.
SB206-engrossed,5,1412 (d) Notwithstanding s. 814.04 (1), a person who recovers damages under par.
13(a) or (b) may also recover reasonable attorney fees incurred in connection with the
14action.
SB206-engrossed,5,1515 (e) A contract is not a defense to an action under this subsection.
SB206-engrossed,5,1716 (f) Nothing in this subsection limits the common law rights of a person that are
17not in conflict with sub. (2).
SB206-engrossed,6,5 18(5) Confidentiality in court proceedings. (a) In every proceeding brought
19under this section, the court, upon motion or sua sponte, shall rule whether the
20identity of any woman upon whom an abortion was performed or induced or
21attempted to be performed or induced shall be kept confidential unless the woman
22waives confidentiality. If the court determines that a woman's identity should be
23kept confidential, the court shall issue orders to the parties, witnesses, and counsel
24and shall direct the sealing of the record and exclusion of individuals from
25courtrooms or hearing rooms to the extent necessary to safeguard the woman's

1identity from public disclosure. If the court issues an order to keep a woman's
2identity confidential, the court shall provide written findings explaining why the
3woman's identity should be kept confidential, why the order is essential to that end,
4how the order is narrowly tailored to its purpose, and why no reasonable less
5restrictive alternative exists.
SB206-engrossed,6,96 (b) Any person, except for a public official, who brings an action under this
7section shall do so under a pseudonym unless the person obtains the written consent
8of the woman upon whom an abortion was performed or induced, or attempted to be
9performed or induced, in violation of this section.
SB206-engrossed,6,1110 (c) This section may not be construed to allow the identity of a plaintiff or a
11witness to be concealed from the defendant.
SB206-engrossed,2 12Section 2. 253.10 (3) (c) (intro.) of the statutes is amended to read:
SB206-engrossed,6,1513 253.10 (3) (c) Informed consent. (intro.) Except if a medical emergency exists
14and subject to sub. (3g), a woman's consent to an abortion is informed only if all of
15the following first take place:
SB206-engrossed,3 16Section 3. 253.10 (3) (c) 1. g. of the statutes is repealed.
SB206-engrossed,4 17Section 4. 253.10 (3) (c) 1. gm. of the statutes is created to read:
SB206-engrossed,6,2218 253.10 (3) (c) 1. gm. That the pregnant woman is required to obtain an
19ultrasound that meets the requirements under sub. (3g), if she has not already had
20an ultrasound that meets those requirements. The physician, or other qualified
21physician, shall provide to the pregnant woman a list of providers that perform an
22ultrasound at no cost to the woman, as described in par. (em) 1.
SB206-engrossed,5 23Section 5. 253.10 (3) (c) 5. of the statutes is amended to read:
SB206-engrossed,7,1424 253.10 (3) (c) 5. The woman certifies in writing on a form that the department
25shall provide, prior to performance or inducement of the abortion, that the

1information that is required under subds. 1. and 2. has been provided to her in the
2manner specified in subd. 3., that the ultrasound required under sub. (3g) has been
3performed or that requirement is waived under sub. (3m) (a),
that she has been
4offered the information described in par. (d) and that all of her questions, as specified
5under subd. 4., have been answered in a satisfactory manner. The physician who is
6to perform or induce the abortion or the qualified person assisting the physician shall
7write on the certification form the name of the physician who is to perform or induce
8the abortion. The woman shall indicate on the certification form who provided the
9information to her and when it was provided and who performed the ultrasound and
10when it was performed, unless the ultrasound requirement is waived under sub. (3m)
11(a). If the ultrasound required under sub. (3g) was performed at a facility other than
12the facility where the physician who is to perform or induce the abortion is located,
13the woman shall provide to the physician who is to perform or induce the abortion
14the certification form described under sub. (3g) (d)
.
SB206-engrossed,6 15Section 6. 253.10 (3) (d) 1. of the statutes is amended to read:
SB206-engrossed,8,2516 253.10 (3) (d) 1. Geographically indexed materials that are designed to inform
17a woman about public and private agencies, including adoption agencies, and
18services that are available to provide information on family planning, as defined in
19s. 253.07 (1) (a), including natural family planning information, to provide
20ultrasound imaging services, to assist her if she has received a diagnosis that her
21unborn child has a disability or if her pregnancy is the result of sexual assault or
22incest and to assist her through pregnancy, upon childbirth and while the child is
23dependent. The materials shall include a comprehensive list of the agencies
24available, a description of the services that they offer and a description of the manner
25in which they may be contacted, including telephone numbers and addresses, or, at

1the option of the department, the materials shall include a toll-free, 24-hour
2telephone number that may be called to obtain an oral listing of available agencies
3and services in the locality of the caller and a description of the services that the
4agencies offer and the manner in which they may be contacted. The materials shall
5provide information on the availability of governmentally funded programs that
6serve pregnant women and children. Services identified for the woman shall include
7medical assistance for pregnant women and children under s. 49.47 (4) (am) and
849.471, the availability of family or medical leave under s. 103.10, the Wisconsin
9works program under ss. 49.141 to 49.161, child care services, child support laws and
10programs and the credit for expenses for household and dependent care and services
11necessary for gainful employment under section 21 of the Internal Revenue Code.
12The materials shall state that it is unlawful to perform an abortion for which consent
13has been coerced, that any physician who performs or induces an abortion without
14obtaining the woman's voluntary and informed consent is liable to her for damages
15in a civil action and is subject to a civil penalty, that the father of a child is liable for
16assistance in the support of the child, even in instances in which the father has
17offered to pay for an abortion, and that adoptive parents may pay the costs of
18prenatal care, childbirth and neonatal care. The materials shall include
19information, for a woman whose pregnancy is the result of sexual assault or incest,
20on legal protections available to the woman and her child if she wishes to oppose
21establishment of paternity or to terminate the father's parental rights. The
22materials shall state that fetal ultrasound imaging and auscultation of fetal heart
23tone services are obtainable by pregnant women who wish to use them and shall
24describe the services.
The materials shall include information on services in the
25state that are available for victims or individuals at risk of domestic abuse.
SB206-engrossed,7
1Section 7. 253.10 (3) (em) of the statutes is created to read:
SB206-engrossed,9,52 253.10 (3) (em) Ultrasound materials and form. 1. The department shall
3compile a list of facilities, including the names, addresses, and phone numbers, that
4provide ultrasounds at no cost. The department shall make this list available to the
5public and shall provide the list to every facility that performs or induces an abortion.
SB206-engrossed,9,76 2. The department shall provide to every facility that performs ultrasounds at
7no cost a list of the requirements under sub. (3g).
SB206-engrossed,9,118 3. Any facility that intends to perform ultrasounds on pregnant women who are
9seeking to have abortions performed or induced shall create a form on which a
10physician at that facility certifies that the requirements under sub. (3g) are satisfied
11and provides a date the requirements under sub. (3g) are satisfied.
SB206-engrossed,8 12Section 8. 253.10 (3g) of the statutes is created to read:
SB206-engrossed,9,1813 253.10 (3g) Performance of ultrasound. (a) Except as provided under sub.
14(3m) and except in a medical emergency and before a person may perform or induce
15an abortion on a pregnant woman, the physician who is to perform or induce the
16abortion, or any physician requested by the pregnant woman, shall do all of the
17following, or shall arrange for a person who is qualified to perform an ultrasound to
18do all of the following:
SB206-engrossed,9,2319 1. Perform an obstetric ultrasound on the pregnant woman using whichever
20transducer the woman chooses after the options have been explained to her. A
21facility that offers ultrasounds at no cost to satisfy the requirements of this
22subsection shall have available transducers to perform both transabdominal and
23transvaginal ultrasounds.
SB206-engrossed,9,2524 2. Provide a simultaneous oral explanation to the pregnant woman during the
25ultrasound of what the ultrasound is depicting, including the presence and location

1of the unborn child within the uterus, the number of unborn children, and the
2occurrence of the death of an unborn child, if such a death has occurred.
SB206-engrossed,10,33 3. Display the ultrasound images so that the pregnant woman may view them.
SB206-engrossed,10,64 4. Provide to the pregnant woman a medical description of the ultrasound
5images, including the dimensions of the unborn child and a description of any
6external features and internal organs that are present and viewable on the image.
SB206-engrossed,10,107 5. Provide a means for the pregnant woman to visualize any fetal heartbeat,
8if a heartbeat is detectable by the ultrasound transducer type chosen by the woman
9under subd. 1., and provide to the pregnant woman, in a manner understandable to
10a layperson, a simultaneous oral explanation.
SB206-engrossed,10,1511 (b) No person may require a pregnant woman to view the ultrasound images
12that are required to be displayed for and reviewed with her or to visualize to any fetal
13heartbeat. No person, including the pregnant woman, may be subject to any penalty
14if the pregnant woman declines to view the displayed ultrasound images or to
15visualize any fetal heartbeat.
SB206-engrossed,10,1916 (c) The requirement under par. (a) does not apply if, the physician, in a writing
17that is placed in the woman's medical record, certifies that the pregnant woman is
18undergoing a medical emergency and certifies the medical condition that constitutes
19the medical emergency.
SB206-engrossed,11,220 (d) A physician other than a physician at the facility where the abortion is to
21be performed or induced may do or arrange for the performance of the activities
22necessary to satisfy the requirements of this subsection. A physician at a location
23other than the facility where the abortion is to be performed or induced who does or
24arranges for the performance of the activities under par. (a) shall certify on a form

1described under sub. (3) (em) 3. that the requirements of this subsection are satisfied
2and shall provide the date on which the requirements are satisfied.
SB206-engrossed,11,53 (e) No person who has been convicted of a crime under ss. 940.22, 940.225,
4948.02, 948.025, or 948.05 to 948.14 may perform any ultrasound that is required
5under this subsection.
SB206-engrossed,9 6Section 9. 253.10 (3m) (a) (intro.) of the statutes is amended to read:
SB206-engrossed,11,97 253.10 (3m) (a) (intro.) A woman seeking an abortion may waive the 24-hour
8period required under sub. (3) (c) 1. (intro.) and L. and 2. (intro.) and may waive all
9of the requirements under sub. (3g)
if all of the following are first done:
SB206-engrossed,10 10Section 10. 253.10 (5) of the statutes is amended to read:
SB206-engrossed,11,1411 253.10 (5) Penalty. Any person who violates sub. (3), (3g) (a), or (3m) (a) 2. or
12(b) 2. shall be required to forfeit not less than $1,000 nor more than $10,000. No
13penalty may be assessed against the woman upon whom the abortion is performed
14or induced or attempted to be performed or induced.
SB206-engrossed,11 15Section 11. 253.10 (6) (am) of the statutes is created to read:
SB206-engrossed,11,1916 253.10 (6) (am) Any of the following individuals may bring a claim for damages,
17including damages for personal injury and emotional and psychological distress,
18against a person who attempts to perform or performs an abortion in violation of sub.
19(3g):
SB206-engrossed,11,2020 1. A woman on whom an abortion is performed or attempted.
SB206-engrossed,11,2221 2. The father of the aborted unborn child or the unborn child that is attempted
22to be aborted.
SB206-engrossed,11,2423 3. Any grandparent of the aborted unborn child or the unborn child that is
24attempted to be aborted.
SB206-engrossed,12 25Section 12. 253.10 (6) (b) of the statutes is amended to read:
SB206-engrossed,12,4
1253.10 (6) (b) A person who has been awarded damages under par. (a) or (am)
2shall, in addition to any damages awarded under par. (a) or (am), be entitled to not
3less than $1,000 nor more than $10,000 in punitive damages for a violation that
4satisfies a standard under s. 895.043 (3).
SB206-engrossed,13 5Section 13. 253.10 (6) (dm) of the statutes is created to read:
SB206-engrossed,12,86 253.10 (6) (dm) A district attorney or the attorney general may institute an
7action for injunctive relief against any person who performs or attempts to perform
8an abortion in violation of sub. (3g).
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