LRB-4214/1
TJD:emw&cjs
2021 - 2022 LEGISLATURE
January 6, 2022 - Introduced by Representatives Sortwell, Brandtjen,
Magnafici, Penterman, Schraa, Wichgers and Murphy, cosponsored by
Senator Jacque. Referred to Committee on Health.
AB822,1,4 1An Act to amend 253.10 (3) (c) (intro.), 253.10 (3) (c) 3., 253.10 (3) (c) 4., 253.10
2(3) (c) 5. and 253.10 (3) (d) (intro.); and to create 253.10 (3) (c) 1m. and 253.10
3(3) (d) 4. of the statutes; relating to: requiring the showing of a video for
4informed consent for an abortion and granting rule-making authority.
Analysis by the Legislative Reference Bureau
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. Except
in a medical emergency, 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. Currently, 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 adds to the requirements for consent to an abortion to be considered
informed that, at least 24 hours before the abortion is to be performed or induced, a
physician must show the woman a video that depicts an animation or other
illustration of the type of abortion procedure that is to be performed or induced. The
physician must show the video regardless of whether or not a medical emergency
exists and the requirement to show the video is not subject to the time waiver for
pregnancies resulting from sexual assault or incest. The bill requires that the
Department of Health Services, similarly to other materials provided for informed
consent, distribute copies of or provide access to videos that are approved by DHS by

rule. A physician may show or DHS may distribute existing videos that are approved
by DHS in lieu of videos created by DHS.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB822,1 1Section 1. 253.10 (3) (c) (intro.) of the statutes is amended to read:
AB822,2,42 253.10 (3) (c) Informed consent. (intro.) Except if a medical emergency exists,
3except as provided in subd. 1m.,
and subject to sub. (3g), a woman's consent to an
4abortion is informed only if all of the following first take place:
AB822,2 5Section 2. 253.10 (3) (c) 1m. of the statutes is created to read:
AB822,2,116 253.10 (3) (c) 1m. At least 24 hours before the abortion is to be performed or
7induced, the physician who is to perform or induce the abortion or any other qualified
8physician has, in person, shown to the woman a video as described under par. (d) 4.
9that depicts an animation or other illustration of the type of abortion procedure that
10is to be performed or induced. The physician shall provide the information under this
11subdivision regardless of whether or not a medical emergency exists.
AB822,3 12Section 3. 253.10 (3) (c) 3. of the statutes is amended to read:
AB822,2,1813 253.10 (3) (c) 3. The information that is required under subds. 1., 1m., and 2.
14is provided to the woman in an individual setting that protects her privacy,
15maintains the confidentiality of her decision and ensures that the information she
16receives focuses on her individual circumstances. This subdivision may not be
17construed to prevent the woman from having a family member, or any other person
18of her choice, present during her private counseling.
AB822,4 19Section 4. 253.10 (3) (c) 4. of the statutes is amended to read:
AB822,3,320 253.10 (3) (c) 4. Whoever provides the information that is required under subd.
211., 1m., or 2., or both, provides adequate opportunity for the woman to ask questions,

1including questions concerning the pregnancy, her unborn child, abortion, foster care
2and adoption, and provides the information that is requested or indicates to the
3woman where she can obtain the information.
AB822,5 4Section 5. 253.10 (3) (c) 5. of the statutes is amended to read:
AB822,3,205 253.10 (3) (c) 5. The woman certifies in writing on a form that the department
6shall provide, prior to performance or inducement of the abortion, that the
7information that is required under subds. 1., 1m., and 2. has been provided to her in
8the manner specified in subd. 3., that the ultrasound required under sub. (3g) has
9been performed or that requirement is waived under sub. (3m) (a), that she has been
10offered the information described in par. (d) and that all of her questions, as specified
11under subd. 4., have been answered in a satisfactory manner. The physician who is
12to perform or induce the abortion or the qualified person assisting the physician shall
13write on the certification form the name of the physician who is to perform or induce
14the abortion. The woman shall indicate on the certification form who provided the
15information to her and when it was provided and who performed the ultrasound and
16when it was performed, unless the ultrasound requirement is waived under sub. (3m)
17(a). If the ultrasound required under sub. (3g) was performed at a facility other than
18the facility where the physician who is to perform or induce the abortion is located,
19the woman shall provide to the physician who is to perform or induce the abortion
20the certification form described under sub. (3g) (d).
AB822,6 21Section 6 . 253.10 (3) (d) (intro.) of the statutes is amended to read:
AB822,4,622 253.10 (3) (d) Printed information and video. (intro.) By the date that is 60
23days after May 16, 1996, the department shall cause to be published in English,
24Spanish, and other languages spoken by a significant number of state residents, as
25determined by the department, materials that are in an easily comprehensible

1format and, if printed, are printed in type of not less than 12-point size. The
2department shall distribute a reasonably adequate number of the materials to
3county departments as specified under s. 46.245 and upon request, shall annually
4review the materials for accuracy and shall exercise reasonable diligence in
5providing materials that are accurate and current. The materials shall be all of the
6following:
AB822,7 7Section 7. 253.10 (3) (d) 4. of the statutes is created to read:
AB822,4,148 253.10 (3) (d) 4. Copies of or access to any video for use under par. (c) 1m. that
9is approved by the department by rule to demonstrate each type of procedure used
10to perform or induce an abortion. The department may distribute or a physician may
11show an existing video from other sources in lieu of a video created by the
12department, if the department approves by rule the existing video. Notwithstanding
13s. 227.24, the department may not promulgate any rule under this subdivision as an
14emergency rule using the procedure under s. 227.24.
AB822,4,1515 (End)
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