The department shall promulgate all rules necessary to implement and administer this section.
(3) Individual rights, medical privilege. 253.075(3)(a)(a)
The request of any person for family planning services or his or her refusal to accept any service shall in no way affect the right of the person to receive public assistance, public health services, or any other public service. Nothing in this section may abridge the right of the individual to make decisions concerning family planning nor may any individual be required to state his or her reason for refusing any offer of family planning services.
Any employee of the agencies engaged in the administration of the provisions of this section may refuse to accept the duty of offering family planning services to the extent that the duty is contrary to his or her personal beliefs. A refusal may not be grounds for dismissal, suspension, demotion, or any other discrimination in employment. The directors or supervisors of the agencies shall reassign the duties of employees in order to carry out the provisions of this section.
All information gathered by any agency, entity, or person conducting programs in family planning, other than statistical information compiled without reference to the identity of any individual or other information that the individual allows to be released through his or her informed consent, shall be considered a confidential medical record.
(4) Family planning and preventive health services.
Subject to sub. (5)
, the department shall distribute grants received under sub. (2)
that may be used for family planning and related preventive health services, including any of the following:
Screening for cervical cancer and breast cancer.
Screening for high blood pressure, anemia, and diabetes.
Screening for sexually transmitted diseases and HIV or AIDS.
Referrals for other health and social services.
(5) Family planning and related preventive health services funds. 253.075(5)(a)(a)
The department shall distribute family planning and related preventive health services funds to public entities, including state, county, and local health departments and health clinics, and the well-woman program under s. 255.06
. If any moneys remain, the department may then distribute grant funds under this section to nonpublic entities that are hospitals or federally qualified health centers that provide comprehensive primary and preventive care.
Subject to par. (c)
, a public entity that receives family planning and related preventive health services funds under this section may provide some or all of the funds to other public or private entities provided that the recipient of the funds does not do any of the following:
Providing abortion services or having an affiliate that provides abortion services solely under the circumstances described in s. 20.927 (2)
does not disqualify an entity from receiving family planning and preventive health services grant funds from a public entity under par. (b)
History: 2015 a. 151
Pregnancy counseling services.
The department shall award grants from the appropriation account under s. 20.435 (1) (eg)
to individuals and organizations to provide pregnancy counseling services. For a program to be eligible under this section, an applicant must demonstrate that moneys provided in a grant under this section will not be used to engage in any activity specified in s. 20.9275 (2) (a) 1.
History: 1985 a. 29
; 1993 a. 27
; Stats. 1993 s. 253.08; 1997 a. 27
; 2009 a. 28
Outreach to low-income pregnant women. 253.085(1)(1)
The department shall conduct an outreach program to make low-income pregnant women aware of the importance of early prenatal and infant health care and of the availability of medical assistance benefits under subch. IV of ch. 49
and other types of funding for prenatal and infant care, to refer women to prenatal and infant care services in the community and to make follow-up contacts with women referred to prenatal and infant care services.
In addition to the amounts appropriated under s. 20.435 (1) (ev)
, the department shall distribute $250,000 for each fiscal year from moneys received under the maternal and child health services block grant program, 42 USC 701
, for the outreach program under this section.
History: 1987 a. 399
; 1991 a. 39
; 1993 a. 27
; Stats. 1993 s. 253.085; 1995 a. 27
; 1997 a. 27
; 2009 a. 28
Abortion refused; no liability; no discrimination. 253.09(1)(1)
No hospital shall be required to admit any patient or to allow the use of the hospital facilities for the purpose of performing a sterilization procedure or removing a human embryo or fetus. A physician or any other person who is a member of or associated with the staff of a hospital, or any employee of a hospital in which such a procedure has been authorized, who shall state in writing his or her objection to the performance of or providing assistance to such a procedure on moral or religious grounds shall not be required to participate in such medical procedure, and the refusal of any such person to participate therein shall not form the basis of any claim for damages on account of such refusal or for any disciplinary or recriminatory action against such person.
No hospital or employee of any hospital shall be liable for any civil damages resulting from a refusal to perform sterilization procedures or remove a human embryo or fetus from a person, if such refusal is based on religious or moral precepts.
No hospital, school or employer may discriminate against any person with regard to admission, hiring or firing, tenure, term, condition or privilege of employment, student status or staff status on the ground that the person refuses to recommend, aid or perform procedures for sterilization or the removal of a human embryo or fetus, if the refusal is based on religious or moral precepts.
The receipt of any grant, contract, loan or loan guarantee under any state or federal law does not authorize any court or any public official or other public authority to require:
Such individual to perform or assist in the performance of any sterilization procedure or removal of a human embryo or fetus if the individual's performance or assistance in the performance of such a procedure would be contrary to the individual's religious beliefs or moral convictions; or
Make its facilities available for the performance of any sterilization procedure or removal of a human embryo or fetus if the performance of such a procedure in such facilities is prohibited by the entity on the basis of religious beliefs or moral convictions; or
Provide any personnel for the performance or assistance in the performance of any sterilization procedure or assistance if the performance or assistance in the performance of such procedure or the removal of a human embryo or fetus by such personnel would be contrary to the religious beliefs or moral convictions of such personnel.
History: 1973 c. 159
; Stats. 1973 s. 140.275; 1973 c. 336
; Stats. 1973 s. 140.42; 1979 c. 34
; 1993 a. 27
; Stats. 1993 s. 253.09; 1993 a. 482
Requirements to perform abortions. 253.095(2)
(2) Admitting privileges required.
No physician may perform an abortion, as defined in s. 253.10 (2) (a)
, unless he or she has admitting privileges in a hospital within 30 miles of the location where the abortion is to be performed.
Any person who violates this section 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.
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:
The father of the aborted unborn child or the unborn child that is attempted to be aborted.
Any grandparent of the aborted unborn child or the child that is attempted to be aborted.
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. 895.043 (3)
A conviction under sub. (3)
is not a condition precedent to bringing an action, obtaining a judgment, or collecting the judgment under this subsection.
Notwithstanding s. 814.04 (1)
, a person who recovers damages under par. (a)
may also recover reasonable attorney fees incurred in connection with the action.
A contract is not a defense to an action under this subsection.
Nothing in this subsection limits the common law rights of a person that are not in conflict with sub. (2)
(5) Confidentiality in court proceedings. 253.095(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 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.
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.
This section may not be construed to allow the identity of a plaintiff or a witness to be concealed from the defendant.
History: 2013 a. 37
In Planned Parenthood of Wisconsin, Inc. et. al. v. Van Hollen, et. al.
, Case No. 13-cv-465-wmc, 94 F. Supp. 3d 949
, the U.S. District Court for the Western District of Wisconsin held that this section is unconstitutional under the 14th Amendment to the U. S. Constitution and granted a permanent injunction against the enforcement of this section. Affirmed. U.S. 7th Circuit Court of Appeals Case No. 15-1736
, 806 F.3d 908
(2015). Certiorari denied, June 28, 2016. See also Whole Woman's Health v. Hellerstedt
, 579 U.S. ___ (2016).
Voluntary and informed consent for abortions. 253.10(1)(1)
Legislative findings and intent. 253.10(1)(a)1.
Many women now seek or are encouraged to undergo elective abortions without full knowledge of the medical and psychological risks of abortion, development of the unborn child or of alternatives to abortion. An abortion decision is often made under stressful circumstances.
The knowledgeable exercise of a woman's decision to have an elective abortion depends on the extent to which the woman receives sufficient information to make a voluntary and informed choice between 2 alternatives of great consequence: carrying a child to birth or undergoing an abortion.
The U.S. supreme court has stated: "In attempting to ensure that a woman apprehend the full consequences of her decision, the State furthers the legitimate purpose of reducing the risk that a woman may elect an abortion, only to discover later, with devastating psychological consequences, that her decision was not fully informed." Planned Parenthood of Southeastern Pennsylvania v. Casey, 112 U.S. 2791
, 2823 (1992).
It is essential to the psychological and physical well-being of a woman considering an elective abortion that she receive complete and accurate information on all options available to her in dealing with her pregnancy.
The vast majority of elective abortions in this state are performed in clinics that are devoted solely to providing abortions and family planning services. Women who seek elective abortions at these facilities normally do not have a prior patient-physician relationship with the physician who is to perform or induce the abortion, normally do not return to the facility for post-operative care and normally do not continue a patient-physician relationship with the physician who performed or induced the abortion. In most instances, the woman's only actual contact with the physician occurs simultaneously with the abortion procedure, with little opportunity to receive personal counseling by the physician concerning her decision. Because of this, certain safeguards are necessary to protect a woman's right to know.
A reasonable waiting period is critical to ensure that a woman has the fullest opportunity to give her voluntary and informed consent before she elects to undergo an abortion.
It is the intent of the legislature in enacting this section to further the important and compelling state interests in all of the following:
Protecting the life and health of the woman subject to an elective abortion and, to the extent constitutionally permissible, the life of her unborn child.
Fostering the development of standards of professional conduct in the practice of abortion.
Ensuring that prior to the performance or inducement of an elective abortion, the woman considering an elective abortion receive personal counseling by the physician and be given a full range of information regarding her pregnancy, her unborn child, the abortion, the medical and psychological risks of abortion and available alternatives to the abortion.
Ensuring that a woman who decides to have an elective abortion gives her voluntary and informed consent to the abortion procedure.
"Abortion" means the use of an instrument, medicine, drug or other substance or device with intent to terminate the pregnancy of a woman known to be pregnant or for whom there is reason to believe that she may be pregnant and with intent other than to increase the probability of a live birth, to preserve the life or health of the infant after live birth or to remove a dead fetus.
"Abortion-inducing drug" means a drug, medicine, oral hormonal compound, mixture, or preparation, when it is prescribed to terminate the pregnancy of a woman known to be pregnant.
"Disability" means a physical or mental impairment that substantially limits one or more major life activities, a record of having such an impairment or being regarded as having such an impairment. "Disability" includes any physical disability or developmental disability, as defined in s. 51.01 (5) (a)
"Medical emergency" means a condition, in a physician's reasonable medical judgment, that so complicates the medical condition of a pregnant woman as to necessitate the immediate abortion of her pregnancy to avert her death or for which a 24-hour delay in performance or inducement of an abortion will create serious risk of substantial and irreversible impairment of one or more of the woman's major bodily functions.
"Perinatal hospice" means comprehensive support that includes support from the time of a terminal diagnosis of an unborn child through the birth and death of the child and through the postpartum period and may include the supportive care of maternal-fetal medical specialists, obstetricians, neonatologists, anesthesia specialists, specialty nurses, psychiatrists, psychologists, mental health professionals, clergy, social workers, and other professionals.
"Probable gestational age of the unborn child" means the number of weeks that have elapsed from the probable time of fertilization of a woman's ovum, based on the information provided by the woman as to the time of her last menstrual period, her medical history, a physical examination performed by the physician who is to perform or induce the abortion or by any other qualified physician and any appropriate laboratory tests performed on her.
"Qualified person assisting the physician" means a social worker certified under ch. 457
, a registered nurse or a physician assistant to whom a physician who is to perform or induce an abortion has delegated the responsibility, as the physician's agent, for providing the information required under sub. (3) (c) 2.
"Qualified physician" means a physician who by training or experience is qualified to provide the information required under sub. (3) (c) 1.
(3) Voluntary and informed consent. 253.10(3)(a)(a)
An abortion may not be performed or induced unless the woman upon whom the abortion is to be performed or induced has and, if the woman is a minor and s. 48.375 (4) (a) 2.
does not apply, the individual who also gives consent under s. 48.375 (4) (a) 1.
have given voluntary and informed written consent under the requirements of this section.
Consent under this section to an abortion is voluntary only if the consent is given freely and without coercion by any person. The physician who is to perform or induce the abortion shall determine whether the woman's consent is, in fact, voluntary. Notwithstanding par. (c) 3.
, the physician shall make the determination by speaking to the woman in person, out of the presence of anyone other than a person working for or with the physician. If the physician has reason to suspect that the woman is in danger of being physically harmed by anyone who is coercing the woman to consent to an abortion against her will, the physician shall inform the woman of services for victims or individuals at risk of domestic abuse and provide her with private access to a telephone.
Except if a medical emergency exists and subject to sub. (3g)
, a woman's consent to an abortion is informed only if all of the following first take place:
Except as provided in sub. (3m)
, at least 24 hours before the abortion is to be performed or induced, the physician who is to perform or induce the abortion or any other qualified physician has, in person, orally informed the woman of all of the following:
Whether or not, according to the reasonable medical judgment of the physician, the woman is pregnant.