253.10(3)(g)
(g)
Presumptions. Satisfaction of the conditions required under
par. (c) creates a rebuttable presumption that the woman's consent and, if the woman is a minor and if
s. 48.375 (4) (a) 2. does not apply, the consent of the individual who also gives consent under
s. 48.375 (4) (a) 1. to an abortion is informed. The presumption of informed consent may be overcome by a preponderance of evidence that establishes that the consent was obtained through fraud, negligence, deception, misrepresentation or omission of a material fact. There is no presumption that consent to an abortion is voluntary.
253.10(3m)
(3m) Pregnancy as the result of sexual assault or incest. 253.10(3m)(a)1.
1. The woman alleges that the pregnancy is the result of sexual assault under
s. 940.225 (1),
(2) or
(3) and states that a report alleging the sexual assault has been made to law enforcement authorities.
253.10(3m)(a)2.
2. Whoever provides the information that is required under
sub. (3) (c) 1. or
2., or both, confirms with law enforcement authorities that a report on behalf of the woman about the sexual assault has been made to law enforcement authorities, makes a notation to this effect and places the notation in the woman's medical record.
253.10(3m)(b)1.
1. The woman alleges that the pregnancy is the result of incest under
s. 948.06 (1) and states that a report alleging the incest has been made to law enforcement authorities.
253.10(3m)(b)2.
2. Whoever provides the information that is required under
sub. (3) (c) 1. or
2., or both, confirms with law enforcement authorities that a report on behalf of the woman about the incest has been made to law enforcement authorities, makes a notation to this effect and places the notation in the woman's medical record.
253.10(3m)(c)
(c) Upon receipt by the law enforcement authorities of a request for confirmation under
par. (a) 2. or
(b) 2., and after reasonable verification of the identity of the woman and her consent to release of the information, the law enforcement authorities shall confirm whether or not the report has been made. No record of a request or confirmation made under this paragraph may be disclosed by the law enforcement authorities.
253.10(4)
(4) Hotline. The department may maintain a toll-free telephone number that is available 24 hours each day, to provide the materials specified in
sub. (3) (d) 1.
253.10(5)
(5) Penalty. Any person who violates
sub. (3) or
(3m) (a) 2. or
(b) 2. shall be required to forfeit not less than $1,000 nor more than $10,000.
253.10(6)(a)(a) A person who violates
sub. (3) or
(3m) (a) 2. or
(b) 2. is liable to the woman on or for whom the abortion was performed or induced for damages arising out of the performance or inducement of the abortion, including damages for personal injury and emotional and psychological distress.
253.10(6)(b)
(b) A person who has been awarded damages under
par. (a) shall, in addition to any damages awarded under
par. (a), be entitled to not less than $1,000 nor more than $10,000 in punitive damages for a violation that satisfies a standard under
s. 895.85 (3).
253.10(6)(c)
(c) A conviction under
sub. (5) is not a condition precedent to bringing an action, obtaining a judgment or collecting the judgment under this subsection.
253.10(6)(d)
(d) Notwithstanding
s. 814.04 (1), a person who recovers damages under
par. (a) or
(b) may also recover reasonable attorney fees incurred in connection with the action.
253.10(6)(e)
(e) A contract is not a defense to an action under this subsection.
253.10(6)(f)
(f) Nothing in this subsection limits the common law rights of a person that are not in conflict with
sub. (3).
253.10(7)
(7) Affirmative defense. No person is liable under
sub. (5) or
(6) or under
s. 441.07 (1) (f),
448.02 (3) (a) or
457.26 (2) (gm) for failure under
sub. (3) (c) 2. d. to provide the printed materials described in
sub. (3) (d) to a woman or for failure under
sub. (3) (c) 2. d.,
e.,
f. or
g. to describe the contents of the printed materials if the person has made a reasonably diligent effort to obtain the printed materials under
sub. (3) (e) and
s. 46.245 and the department and the county department under
s. 46.215,
46.22 or
46.23 have not made the printed materials available at the time that the person is required to give them to the woman.
253.10(8)
(8) Construction. Nothing in this section may be construed as creating or recognizing a right to abortion or as making lawful an abortion that is otherwise unlawful.
253.10 History
History: 1985 a. 56,
176;
1991 a. 263;
1993 a. 27 s.
378; Stats. 1993 s. 253.10;
1995 a. 309;
1997 a. 27.
253.10 Annotation
Section 253.10 is constitutional except that subs. (3) (c) 1. g. and j. are unconstitutional and subs. (2) (d) and (g) and (3) (c) 2. are constitutional only if construed consistent with the court's opinion. Karlin v. Foust,
975 F. Supp. 1177 (1997).
253.11
253.11
Infant blindness. 253.11(1)(1) For the prevention of ophthalmia neonatorum or infant blindness the attending physician or midwife shall use a prophylactic agent approved by the department.
253.11(2)
(2) In a confinement not attended by a physician or nurse-midwife, if one or both eyes of an infant become inflamed, swollen and red or show an unnatural discharge at any time within 2 weeks after birth, the nurse, parents, or other person in charge shall report the facts in writing within 6 hours to the local health officer who shall immediately warn the person of the danger. The local health officer shall employ at the expense of the local health department a competent physician to examine and treat the case.
253.11(3)
(3) Any person who violates this section may be required to forfeit not more than $1,000.
253.11 History
History: 1979 c. 221;
1987 a. 332;
1993 a. 27 s.
314; Stats. 1993 s. 253.11.
253.12
253.12
Birth and developmental outcome monitoring program. 253.12(1)(a)
(a) "Adverse neonatal outcome" means one of the following resulting to an infant at birth or in the first month following birth:
253.12(1)(a)2.
2. A condition of a chronic nature, including central nervous system hemorrhage or infection of the central nervous system, which may result in a need for long-term care.
253.12(1)(a)3.
3. An apgar score of 3 or less at 5 minutes following birth.
253.12(1)(b)
(b) "Apgar score" means a numerical expression of the condition of a newborn infant which is the sum of points achieved after assessing the infant's heart rate, respiratory effort, muscle tone, reflex irritability and color.
253.12(1)(c)
(c) "Birth defect" means one or more of the following conditions resulting to an infant or child:
253.12(1)(e)
(e) "Infant or child" means a human from birth to the age of 6 years.
253.12(1)(g)
(g) "Other severe disability" means a severe sensory impairment, severe orthopedic impairment or developmental delay that results from injury, infection or disease, is chronic in nature and requires long-term care.
253.12(2)(a)(a) Beginning on April 29, 1992, the persons specified in
par. (b) shall report all of the following to the department:
253.12(2)(a)1.
1. The appearance of the condition, within 90 days after a physician first makes a diagnosis or confirms a suspected diagnosis or a nurse knows or suspects that the infant or child has the condition.
253.12(2)(a)2.
2. Information which disputes, augments or clarifies the physician's diagnosis or the nurse's knowledge or suspicion under
subd. 1., within 90 days after receipt of the information.
253.12(2)(b)
(b) The persons required to report under
par. (a) are the following:
253.12(2)(b)1.
1. A physician licensed under
ch. 448, regardless of whether he or she is the primary treating physician for an infant or child or is a consulting physician to whom the infant or child is referred by the primary treating physician, who is the first physician to make a diagnosis or confirm a suspected diagnosis that the infant or child has a condition resulting from an adverse neonatal outcome, a birth defect or a developmental disability or other severe disability.
253.12(2)(b)2.
2. If no physician licensed under
ch. 448 has treated an infant or child, a nurse registered, permitted or licensed under
ch. 441 who knows or suspects with reasonable medical certainty that an infant or child visited by the nurse has a condition resulting from an adverse neonatal outcome, a birth defect or a developmental disability or other severe disability.
253.12(3)
(3) Departmental powers and duties. From the appropriations under
s. 20.435 (1) (md) [sub.
(5) (md)] and
(8) (n), the department shall perform all of the following for the program under this section:
253.12 Note
NOTE: The correct cross-reference is shown in brackets. Corrective legislation is pending.
253.12(3)(a)
(a) Develop and implement a system for the collection, updating and analysis of information reported under
sub. (2), including the publication and distribution of report forms.
253.12(3)(b)
(b) Disseminate data and information, publish an annual report, submit the report annually to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under
s. 13.172 (3) and provide county-specific information to counties in this state on the results of information collected under
sub. (2).
253.12(3)(c)
(c) Coordinate data dissemination activities of the department with those of the division for learning support, equity and advocacy in the department of public instruction with respect to the information collected under
sub. (2).
253.12(4)(a)(a) The department, following consultation with the early intervention interagency coordinating council, shall promulgate rules:
253.12(4)(a)2.
2. To determine form content and format and procedures necessary for submittal to the department of a report under
sub. (2).
253.12(4)(b)
(b) The department may promulgate rules specifying the types of information and the conditions under which that information may be released under
sub. (5) (a).
253.12(5)(a)(a) The department may not release information specifically identifying an infant or child that is obtained from reports under
sub. (2), except the following, under the following conditions:
253.12(5)(a)1.
1. To the parent or guardian of an infant or child for whom a report is made under
sub. (2), upon receipt of a written request from the parent or guardian.
253.12(5)(a)3.
3. To the division for learning support, equity and advocacy in the department of public instruction, upon request, the name and address of an infant or child for whom a report is made under
sub. (2) and other information necessary to aid the division in providing services to the infant or child. The department shall notify the parent or guardian of an infant or child about whom information is released under this subdivision, of the release. The division for learning support, equity and advocacy in the department of public instruction may disclose information received under this paragraph only as necessary to provide services to the infant or child.
253.12(5)(a)4.
4. To a physician or nurse reporting under
sub. (2), for the purpose of verification of information reported by the physician or nurse.
253.12(5)(a)5.
5. To a representative of a federal or state agency, upon written request, information necessary to perform a legally authorized function of that agency, including investigation of causes, mortality, methods of prevention, treatment or care of birth defects, associated diseases or disabilities, except that the information may not include the name or address of an infant or child with a condition reported under
sub. (2). The department shall notify the parent or guardian of an infant or child about whom information is released under this subdivision, of the release. The representative of the federal or state agency may disclose information received under this paragraph only as necessary to perform the legally authorized function of that agency for which the information was requested.
253.12(5)(a)6.
6. To any person who has the informed, written consent of the parent or guardian of an infant or child with a condition reported under
sub. (2), any information concerning that infant or child, solely for the purpose of research in accordance with rules promulgated by the department.
253.12(5)(b)
(b) The department shall, not more than 10 years from the date of receipt of a report under
sub. (2), delete from any file of the department the name of an infant or child that is contained in the report.
253.12(6)
(6) Local health officer access to information. 253.12(6)(a)(a) If a local health officer submits to the department a written request for receipt of information submitted under
sub. (2), the department shall forward to the local health officer an abstract of information received for an infant or child for whom the parent or guardian has provided informed, written consent to a release of the information and who resides in the area of jurisdiction of the local health officer.
253.12(6)(b)
(b) The local health officer may disclose information in the abstract under
par. (a) only as necessary to aid that local health officer in rendering or coordinating follow-up care for the infant or child or for conducting a health, demographic or epidemiologic investigation. The local health officer shall destroy all information obtained under
par. (a) no later than 365 days after he or she receives it, except that this requirement does not apply to information, including individual medical records, obtained by the local health officer subsequent to his or her receipt of information under
par. (a).
253.12(6)(c)
(c) The written request submitted under
par. (a) is invalid after December 31 of the year in which the department receives it.
253.12(7)
(7) Exception. Nothing in this section authorizes or requires the administration of a physical examination or medical care or treatment to an infant or child if the parent or legal guardian of the infant or child objects on the ground that the examination or care or treatment conflicts with his or her religious tenets or practices.
253.12(8)
(8) Admissibility of information as evidence. Information collected under this section is not admissible as evidence in any legal action or proceeding before any court, tribunal, board, agency, person or for the purpose of determining insurability, except for the purpose of enforcing this section.
253.13
253.13
Tests for congenital disorders. 253.13(1)
(1)
Blood tests. The attending physician or nurse certified under
s. 441.15 shall cause every infant born in each hospital or maternity home, prior to its discharge therefrom, to be subjected to blood tests for congenital and metabolic disorders, as specified in rules promulgated by the department. If the infant is born elsewhere than in a hospital or maternity home, the attending physician, nurse certified under
s. 441.15 or birth attendant who attended the birth shall cause the infant, within one week of birth, to be subjected to these blood tests.
253.13(1m)
(1m) Urine tests. The department may establish a urine test program to test infants for causes of congenital disorders. The state laboratory of hygiene board may establish the methods of obtaining urine specimens and testing such specimens, and may develop materials for use in the tests. No person may be required to participate in programs developed under this subsection.
253.13(2)
(2) Tests; diagnostic, dietary and follow-up counseling program; fees. The department shall contract with the state laboratory of hygiene to perform the tests specified under this section and to furnish materials for use in the tests. The department shall provide necessary diagnostic services, special dietary treatment as prescribed by a physician for a patient with a congenital disorder as identified by tests under
sub. (1) or
(1m) and follow-up counseling for the patient and his or her family. The state laboratory of hygiene board, on behalf of the department, shall impose a fee for tests performed under this section sufficient to pay for services provided under the contract and shall include as part of this fee and pay to the department an amount the department determines is sufficient to fund the provision of diagnostic and counseling services, special dietary treatment and periodic evaluation of infant screening programs under this section.
253.13(3)
(3) Exceptions. This section shall not apply if the parents or legal guardian of the child object thereto on the grounds that the test conflicts with their religious tenets and practices. No tests may be performed under
sub. (1) or
(1m) unless the parents or legal guardian are fully informed of the purposes of testing under this section and have been given reasonable opportunity to object as authorized in this subsection or in
sub. (1m) to such tests.
253.13(4)
(4) Confidentiality of tests and related information. The state laboratory of hygiene shall provide the test results to the physician, who shall advise the parents or legal guardian of the results. No information obtained under this section from the parents or guardian or from specimens from the infant may be disclosed except for use in statistical data compiled by the department without reference to the identity of any individual and except as provided in
s. 146.82 (2). The state laboratory of hygiene board shall provide to the department the names and addresses of parents of infants who have positive test results.
253.13(5)
(5) Related services. The department shall disseminate information to families whose children suffer from congenital disorders and to women of child-bearing age with a history of congenital disorders concerning the need for and availability of follow-up counseling and special dietary treatment and the necessity for testing infants. The department shall also refer families of children who suffer from congenital disorders to available health and family services programs and shall coordinate the provision of these programs. The department shall periodically consult appropriate experts in reviewing and evaluating the state's infant screening programs.
253.13 Annotation
A physician and parent may enter an agreement to perform a PKU test after the infant has left the hospital without violating (1). 61 Atty. Gen. 66.
253.14
253.14
Sudden infant death syndrome. 253.14(1)
(1) The department shall prepare and distribute printed informational materials relating to sudden infant death syndrome. The materials shall be directed toward the concerns of parents of victims of sudden infant death syndrome and shall be distributed to maximize availability to the parents.
253.14(2)
(2) The department shall make available upon request follow-up counseling by trained health care professionals for parents and families of victims of sudden infant death syndrome.
253.14 History
History: 1977 c. 246; Stats. 1977 s. 146.025;
1977 c. 447; Stats. 1977 s. 146.026;
1993 a. 27 s.
343; Stats. 1993 s. 253.14.
