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) or
(1m) 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),
(3g) (a), or
(3m) (a) 2. or
(b) 2. shall be required to forfeit not less than $1,000 nor more than $10,000. No penalty may be assessed against the woman upon whom the abortion is performed or induced or attempted to be performed or induced.
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)(am)
(am) Any of the following individuals may bring a claim for damages, including damages for personal injury and emotional and psychological distress, against a person who attempts to perform or performs an abortion in violation of
sub. (3g):
253.10(6)(am)2.
2. The father of the aborted unborn child or the unborn child that is attempted to be aborted.
253.10(6)(am)3.
3. Any grandparent of the aborted unborn child or the unborn child that is attempted to be aborted.
253.10(6)(b)
(b) A person who has been awarded damages under
par. (a) or
(am) shall, in addition to any damages awarded under
par. (a) or
(am), 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. 895.043 (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)(dm)
(dm) A district attorney or the attorney general may institute an action for injunctive relief against any person who performs or attempts to perform an abortion in violation of
sub. (3g).
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 (1g) (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.,
fm., 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(7m)
(7m) Confidentiality in court proceedings. 253.10(7m)(a)(a) In every proceeding brought under this section, the court, upon motion or sua sponte, shall rule whether the identity of any woman upon whom an abortion was performed or induced or attempted to be performed or induced shall be kept confidential unless the woman waives confidentiality. If the court determines that a woman's identity should be kept confidential, the court shall issue orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard the woman's identity from public disclosure. If the court issues an order to keep a woman's identity confidential, the court shall provide written findings explaining why the woman's identity should be kept confidential, why the order is essential to that end, how the order is narrowly tailored to its purpose, and why no reasonable less restrictive alternative exists.
253.10(7m)(b)
(b) Any person, except for a public official, who brings an action under this section shall do so under a pseudonym unless the person obtains the written consent of the woman upon whom an abortion was performed or induced, or attempted to be performed or induced, in violation of this section.
253.10(7m)(c)
(c) The section may not be construed to allow the identity of a plaintiff or a witness to be concealed from the defendant.
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 Annotation
Sub. (2) (d) is constitutional and preempts the operation of s. 48.375 (4) (b) 1. in the case of emergency abortions for minors. Sub. (3) (c) 2. is constitutional; physicians may rely on their “best medical judgment" in delivering the content to be conveyed to the patient on the specific listed topics and cannot be held liable because prosecutors disagree with information provided to a woman on a certain topic. Sub. (3) (c) 1. g. is constitutional. Karlin v. Foust,
188 F.3d 446 (7th Cir. 1999). (All references are to 1995 stats.)
253.10 AnnotationSection 253.10 (3) (c) 1. j., 1995 stats., is unconstitutional. Karlin v. Foust,
975 F. Supp. 1177 (1997). This holding was not subject to the appeal in Karlin v. Foust,
188 F.3d 446.
253.105
253.105
Prescription and use of abortion-inducing drugs. 253.105(2)
(2) No person may give an abortion-inducing drug to a woman unless the physician who prescribed, or otherwise provided, the abortion-inducing drug for the woman:
253.105(2)(b)
(b) Is physically present in the room when the drug is given to the woman.
253.105(3)
(3) Penalty. Any person who violates
sub. (2) is guilty of a Class I felony. No penalty may be assessed against a woman to whom an abortion-inducing drug is given.
253.105(4)(a)(a) Any of the following persons has a claim against a person who intentionally or recklessly violates
sub. (2):
253.105(4)(a)1.
1. A woman to whom an abortion-inducing drug was given in violation of
sub. (2).
253.105(4)(a)2.
2. If the abortion-inducing drug was given to a minor in violation of
sub. (2), a parent or guardian of the minor.
253.105(4)(a)3.
3. The father of the unborn child aborted as the result of an abortion-inducing drug given in violation of
sub. (2), unless the pregnancy of the person to whom the abortion-inducing drug was given was the result of sexual assault in violation of
s. 940.225,
944.06,
948.02,
948.025,
948.06,
948.085, or
948.09 and the violation was committed by the father.
253.105(4)(b)1.
1. Damages arising out of the inducement of the abortion, including damages for personal injury and emotional and psychological distress.
253.105(4)(c)
(c) Notwithstanding
s. 814.04 (1), a person who recovers damages under this subsection may also recover reasonable attorney fees incurred in connection with the action.
253.105(4)(d)
(d) A conviction under
sub. (3) is not a condition precedent to bringing an action, obtaining a judgment, or collecting a judgment under this subsection.
253.105(4)(e)
(e) A contract is not a defense to an action under this subsection.
253.105(4)(f)
(f) Nothing in this section limits the common law rights of a person that are not in conflict with
sub. (2).
253.105(5)
(5) Confidentiality in court proceedings. 253.105(5)(a)(a) In every proceeding brought under this section, the court, upon motion or sua sponte, shall rule whether the identity of any woman upon whom an abortion was induced or attempted to be induced shall be kept confidential unless the woman waives confidentiality. If the court determines that a woman's identity should be kept confidential, the court shall issue orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard the woman's identity from public disclosure. If the court issues an order to keep a woman's identity confidential, the court shall provide written findings explaining why the woman's identity should be kept confidential, why the order is essential to that end, how the order is narrowly tailored to its purpose, and why no reasonable less restrictive alternative exists.
253.105(5)(b)
(b) Any person, except for a public official, who brings an action under this section shall do so under a pseudonym unless the person obtains the written consent of the woman upon whom an abortion was induced, or attempted to be induced, in violation of this section.
253.105(5)(c)
(c) The section may not be construed to allow the identity of a plaintiff or a witness to be concealed from the defendant.
253.105(6)
(6) 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.
253.105 History
History: 2011 a. 217.
253.107
253.107
Probable postfertilization age; later-term abortions. 253.107(1)(c)
(c) “Probable postfertilization age of the unborn child" means the number of weeks that have elapsed from the probable time of fertilization of a woman's ovum.
253.107(2)
(2) Probable postfertilization age. Except in the case of a medical emergency, no physician may perform or induce an abortion, or attempt to perform or induce an abortion, unless the physician performing or inducing it has first made a determination of the probable postfertilization age of the unborn child or relied upon such a determination made by another physician.
253.107(3)
(3) Protection of unborn child capable of feeling pain from abortions. 253.107(3)(a)(a) No person shall perform or induce or attempt to perform or induce an abortion upon a woman when the unborn child is considered capable of experiencing pain unless the woman is undergoing a medical emergency. For purposes of this subsection, an unborn child is considered to be capable of experiencing pain if the probable postfertilization age of the unborn child is 20 or more weeks.
253.107(3)(b)
(b) When the unborn child is considered capable of experiencing pain and the pregnant woman is undergoing a medical emergency, the physician shall terminate the pregnancy in the manner that, in reasonable medical judgment, provides the best opportunity for the unborn child to survive, unless the termination of the pregnancy in that manner poses a greater risk either of the death of the pregnant woman or of the substantial and irreversible physical impairment of a major bodily function of the woman than other available methods.
253.107(4)
(4) Penalty. Any person who violates
sub. (3) (a) is guilty of a Class I felony. No penalty may be assessed against a woman upon whom an abortion is performed or induced or attempted to be performed or induced.
253.107(5)(a)(a) Any of the following individuals may bring a claim for damages, including damages for personal injury and emotional and psychological distress, against a person who performs, or attempts to perform, an abortion in violation of this section:
253.107(5)(a)1.
1. A woman on whom an abortion is performed or induced or attempted to be performed or induced.
253.107(5)(a)2.
2. The father of the aborted unborn child or the unborn child that is attempted to be aborted, unless the pregnancy is the result of sexual assault under
s. 940.225 (1),
(2), or
(3) or incest under
s. 948.06 (1) or
(1m).
253.107(5)(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 punitive damages for a violation that satisfies a standard under
s. 895.043 (3).
253.107(5)(c)1.1. 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.
253.107(5)(c)2.
2. If a defendant prevails in an action under
par. (a) and the court finds the action was frivolous or brought in bad faith, notwithstanding
s. 814.04 (1), the defendant may recover reasonable attorney fees incurred in connection with defending the action.
253.107(5)(d)
(d) A contract is not a defense to an action under this subsection.
253.107(5)(e)
(e) Nothing in this subsection limits the common law rights of a person that are not in conflict with
sub. (2) or
(3).
253.107(5)(f)
(f) A prosecuting attorney with appropriate jurisdiction may bring an action for injunctive relief against a person who has intentionally or recklessly violated this section.
253.107(6)
(6) Confidentiality in court proceedings. 253.107(6)(a)(a) In every proceeding brought under this section, the court, upon motion or sua sponte, shall rule whether the identity of any woman upon whom an abortion was performed or induced or attempted to be performed or induced shall be kept confidential unless the woman waives confidentiality. If the court determines that a woman's identity should be kept confidential, the court shall issue orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard the woman's identity from public disclosure. If the court issues an order to keep a woman's identity confidential, the court shall provide written findings explaining why the woman's identity should be kept confidential, why the order is essential to that end, how the order is narrowly tailored to its purpose, and why no reasonable less restrictive alternative exists.
253.107(6)(b)
(b) Any person, except for a public official, who brings an action under this section shall do so under a pseudonym unless the person obtains the written consent of the woman upon whom an abortion was performed or induced, or attempted to be performed or induced, in violation of this section.
253.107(6)(c)
(c) This section may not be construed to allow the identity of a plaintiff or a witness to be concealed from the defendant.
253.107(7)
(7) 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.
253.107 History
History: 2015 a. 56.
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.
253.115
253.115
Newborn hearing screening.
