WISCONSIN.  Wisconsin Statutes. 

 

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CHAPTER 20

APPROPRIATIONS AND BUDGET MANAGEMENT

 

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20.927 Subsidy of abortions prohibited. (1g) In this

section, “abortion” means the intentional destruction of the life of

an unborn child, and “unborn child” means a human being from

the time of conception until it is born alive.

(1m) Except as provided under subs. (2) and (3), no funds of

this state or of any county, city, village, town or family care district

under s. 46.2895 or of any subdivision or agency of this state or

of any county, city, village or town and no federal funds passing

through the state treasury shall be authorized for or paid to a physician

or surgeon or a hospital, clinic or other medical facility for the

performance of an abortion.

(2) (a) This section does not apply to the performance by a

physician of an abortion which is directly and medically necessary

to save the life of the woman or in a case of sexual assault or incest,

provided that prior thereto the physician signs a certification

which so states, and provided that, in the case of sexual assault or

incest the crime has been reported to the law enforcement authorities.

The certification shall be affixed to the claim form or invoice

when submitted to any agency or fiscal intermediary of the state

for payment, and shall specify and attest to the direct medical

necessity of such abortion upon the best clinical judgment of the

physician or attest to his or her belief that sexual assault or incest

has occurred.

(b) This section does not apply to the performance by a physician

of an abortion if, due to a medical condition existing prior to

the abortion, the physician determines that the abortion is directly

and medically necessary to prevent grave, long−lasting physical

health damage to the woman, provided that prior thereto the physician

signs a certification which so states. The certification shall be

affixed to the claim form or invoice when submitted to any agency

or fiscal intermediary of the state for payment, and shall specify

and attest to the direct medical necessity of such abortion upon the

best clinical judgment of the physician.

(3) This section does not apply to the authorization or payment

of funds to a physician or surgeon or a hospital, clinic or

medical facility for or in connection with the prescription of a drug

or the insertion of a device to prevent the implantation of the fertilized

ovum.

 

20.9275 Prohibitions on funding for abortion−related

activities. (1) In this section:

(a) “Abortion” has the meaning given in s. 253.10 (2) (a).

(b) “Local governmental unit” means a city, village, town,

county or family care district under s. 46.2895 or an agency or subdivision

of a city, village, town or county.

(c) “Organization” means a nonprofit corporation, as defined

in s. 66.0129 (6) (b), or a public agency, as defined in s. 46.856 (1)

(b).

(e) “Pregnancy program, project or service” means a program,

project or service of an organization that provides services for

pregnancy prevention, family planning, as defined in s. 253.07 (1)

(a), pregnancy testing, pregnancy counseling, prenatal care, pregnancy

services and reproductive health care services that are

related to pregnancy.

(f) “Program funds” means all of the following funds distributed

or attributable to an organization for operation of a pregnancy

program, project or service:

1. Funds specified under sub. (2) (intro.).

2. Income derived from a grant, subsidy or other funding specified

under sub. (2) (intro.) or from a pregnancy program, project

or service funded by a grant, subsidy or other funding specified

under sub. (2) (intro.).

3. Funds that are matching funds to a grant, subsidy or other

funding specified under sub. (2) (intro.).

(g) “State agency” means an office, department, agency, institution

of higher education, association, society or other body in

state government created or authorized to be created by the constitution

or any law, which is entitled to expend moneys appropriated

by law, including the legislature, the courts and an authority

created in ch. 231 or 233.

(2) No state agency or local governmental unit may authorize

payment of funds of this state, of any local governmental unit or,

subject to sub. (3m), of federal funds passing through the state

treasury as a grant, subsidy or other funding that wholly or partially

or directly or indirectly involves pregnancy programs, projects

or services, that is a grant, subsidy or other funding under s.

46.99, 46.995, 253.05, 253.07, 253.08 or 253.085 or 42 USC 701

to 710, if any of the following applies:

(a) The pregnancy program, project or service using the state,

local or federal funds does any of the following:

1. Provides abortion services.

2. Promotes, encourages or counsels in favor of abortion services.

3. Makes abortion referrals either directly or through an intermediary

in any instance other than when an abortion is directly

and medically necessary to save the life of the pregnant woman.

(b) The pregnancy program, project or service is funded from

any other source that requires, as a condition for receipt of the

funds, that the pregnancy program, project or service perform any

of the activities specified in par. (a) 1. to 3.

(2m) Nothing in sub. (2) prohibits the providing of nondirective

information explaining any of the following:

(a) Prenatal care and delivery.

(b) Infant care, foster care or adoption.

(c) Pregnancy termination.

(3) Subject to sub. (3m), no organization that receives funds

specified under sub. (2) (intro.) may use program funds for an

activity that is specified under sub. (2) (a) 1. to 3.

(3m) The restriction under subs. (2) and (3) on the authorization

of payment and the use of federal funds passing through the

state treasury shall apply only to the extent that the application of

the restriction does not result in the loss of any federal funds.

(4) If an organization that receives funds specified under sub.

(2) (intro.) violates sub. (3), all of the following shall apply:

(a) The organization may not receive funds specified under

sub. (2) (intro.) for 24 months after the date on which the state

agency or local governmental unit last authorized payment or the

date on which the organization, under a pregnancy program, project

or service, last violated sub. (3), whichever is later.

(b) The grant, subsidy or other funding under which an organization,

under a pregnancy program, project or service, has used

funds in violation of sub. (3), is terminated; and the organization

shall return to the state agency or local governmental unit all funds

that have been paid to the organization under the grant, subsidy or

other funding.

(5) If a state agency or local governmental unit authorizes

payment in violation of sub. (2), the grant, subsidy or other funding

under which the state agency or local governmental unit

authorized payment in violation of sub. (2), is terminated; and the

organization shall return to the state agency or local governmental

unit funds that have been paid to the organization under the grant,

subsidy or other funding.

 
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CHAPTER 40

PUBLIC EMPLOYEE TRUST FUND

 

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SUBCHAPTER X

PRIVATE EMPLOYER HEALTH

CARE COVERAGE

 

NOTE: This subchapter is repealed eff. 1−1−10 by 1999 Wis. Act 9.

40.98 Health care coverage. (1) In this subchapter:

(ag) “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.

 

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 (g) “Nontherapeutic abortion” means an abortion that is not

directly and medically necessary to prevent the death of the

woman.

(2) (a) 1. The department shall design an actuarially sound

health care coverage program for employers that includes more

than one group health care coverage plan and that provides coverage

beginning not later than January 1, 2001. The health care coverage

program shall be known as the “Private Employer Health

Care Purchasing Alliance”. In designing the health care coverage

program, the department shall consult with the office of the commissioner

of insurance and may consult with the departments of

commerce and health and family services. The health care coverage

program may not be implemented until it is approved by the

board.

 

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 (bm) No health care coverage plan under the health care coverage

program may provide coverage of a nontherapeutic abortion

except by an optional rider or supplemental coverage provision

that is offered and provided on an individual basis and for which

an additional, separate premium or charge is paid by the individual

to be covered under the rider or supplemental coverage provision.

Only funds attributable to premiums or charges paid for coverage

under the rider or supplemental coverage provision may be used

for the payment of any claim, and related administrative expenses,

that relates to a nontherapeutic abortion. Such funds may not be

used for the payment of any claim or administrative expenses that

relate to any other type of coverage provided by the insurer under

the health care coverage plan. Nothing in this paragraph requires

an insurer or an employer to offer or provide coverage of an abortion

under a health care coverage plan under the health care coverage

program.

 

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CHAPTER 46

SOCIAL SERVICES

 

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lt family

member, as defined in s. 48.375 (2) (b), for the contemplated abortion

or in seeking a waiver from the circuit court, the county

department shall provide assistance, including, if so requested,

accompanying the minor as appropriate.

 

46.245 Information for certain pregnant women. Upon

request, a county department under s. 46.215, 46.22 or 46.23 shall

distribute the materials described under s. 253.10 (3) (d), as prepared

and distributed by the department. A physician who intends

to perform or induce an abortion or another qualified physician,

as defined in s. 253.10 (2) (g), who reasonably believes that he or

she might have a patient for whom the information under s. 253.10

(3) (d) is required to be given, shall request a reasonably adequate

number of the materials from the county department under this

section or from the department under s. 253.10 (3) (d). An individual

may request a reasonably adequate number of the materials.

 

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CHAPTER 48

CHILDREN’S CODE

 

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48.257 Petition to initiate a procedure to waive parental

consent prior to a minor’s abortion. (1) A petition to

initiate a proceeding under s. 48.375 (7) shall be entitled, “In the

interest of ‘Jane Doe’, a person under the age of 18”, and shall set

forth with specificity:

(a) The name “Jane Doe” and the minor’s date of birth.

(b) A statement that the minor is pregnant and the estimated

gestational age of the fetus at the time that the petition is filed, and

a statement that the minor is seeking an abortion.

(c) The name and address of the person who intends to perform

or induce the abortion, if known. If that person is not known, the

name and address of the clinic or other medical facility that

intends to perform or induce the abortion, if known.

(d) A request for waiver of the parental consent requirement

under s. 48.375 (4).

(e) A statement alleging that the minor is mature and well−informed

enough to make her own decision on whether or not to

have an abortion and facts sufficient to establish that the minor is

mature enough and well−informed enough to make her own decision.

(f) A statement alleging that, if the circuit court does not find

that the minor is mature enough and well−informed enough to

make her own decision, the circuit court should find that having

an abortion is in the minor’s best interest and facts sufficient to

establish that an abortion is in the minor’s best interest.

(g) A statement acknowledging that the minor has been fully

informed of the risks and consequences of abortion and the risks

and consequences of carrying the pregnancy to term.

(h) If the minor is not represented by counsel, the place where

and the manner in which the minor wishes to be notified of proceedings

under s. 48.375 (7) until appointment of counsel under

s. 48.375 (7) (a) 1. If the petition is filed by a member of the clergy

on behalf of the minor, the place where and manner in which the

member of the clergy wishes to be notified of proceedings under

s. 48.375 (7).

(2) The director of state courts shall provide simplified forms

for use in filing a petition under this section to the clerk of circuit

court in each county.

(3) The minor who is seeking the abortion shall sign the name

“Jane Doe” on the petition to initiate a proceeding under s. 48.375

(7). No other person may be required to sign the petition.

(4) The clerk of circuit court shall give a copy of the petition

to the minor or to the member of the clergy who files a petition on

behalf of the minor, if any.

(5) The minor, or the intake worker under s. 48.067 (7m), shall

file the completed petition under this section with the clerk of circuit

court.

(6) No filing fee may be charged for a petition under this section.

 

48.263 Amendment of petition. (1) Except as provided in

s. 48.255 (3), no petition, process or other proceeding may be dismissed

or reversed for any error or mistake if the case and the identity

of the child or expectant mother named in the petition may be

readily understood by the court; and the court may order an

amendment curing the defects.

(2) With reasonable notification to the interested parties and

prior to the taking of a plea under s. 48.30, the petition may be

amended at the discretion of the court or person who filed the petition.

After the taking of a plea, the petition may be amended provided

any objecting party is allowed a continuance for a reasonable

time.

 

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48.373 Medical authorization. (1) The court assigned to

exercise jurisdiction under this chapter and ch. 938 may authorize

medical services including surgical procedures when needed if the

court assigned to exercise jurisdiction under this chapter and ch.

938 determines that reasonable cause exists for the services and

that the minor is within the jurisdiction of the court assigned to

exercise jurisdiction under this chapter and ch. 938 and consents.

(2) Section 48.375 (7) applies if the medical service authorized

under sub. (1) is an abortion.

(3) In a proceeding under s. 48.375 (7), a circuit court exercising

jurisdiction under s. 48.16 may not authorize any medical services

other than the performance or inducement of an abortion.

 

48.375 Parental consent required prior to abortion;

judicial waiver procedure. (1) LEGISLATIVE FINDINGS AND

INTENT. (a) The legislature finds that:

1. Immature minors often lack the ability to make fully

informed choices that take account of both immediate and long−

range consequences.

2. The medical, emotional and psychological consequences

of abortion and of childbirth are serious and can be lasting, particularly

when the patient is immature.

3. The capacity to become pregnant and the capacity for

mature judgment concerning the wisdom of bearing a child or of

having an abortion are not necessarily related.

4. Parents ordinarily possess information essential to a physician’s

exercise of the physician’s best medical judgment concerning

a minor.

5. Parents who are aware that their minor is pregnant or has

had an abortion may better ensure that she receives adequate medical

attention during her pregnancy or after her abortion.

6. Parental knowledge of a minor’s pregnancy and parental

consent to an abortion are usually desirable and in the best interest

of the minor.

(b) It is the intent of the legislature in enacting this section to

further the purposes set forth in s. 48.01, and in particular to further

the important and compelling state interests in:

1. Protecting minors against their own immaturity.

2. Fostering the family structure and preserving it as a viable

social unit.

3. Protecting the rights of parents to rear minors who are

members of their households.

(2) DEFINITIONS. In this section:

(a) “Abortion” means the use of any instrument, medicine,

drug or any other substance or device with intent to terminate the

pregnancy of a minor after implantation of a fertilized human

ovum 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.

(b) “Adult family member” means any of the following who

is at least 25 years of age:

1. Grandparent.

2. Aunt.

3. Uncle.

4. Sister.

5. Brother.

(c) “Counselor” means a physician including a physician specializing

in psychiatry, a licensed psychologist, as defined in s.

455.01 (4), or an ordained member of the clergy. “Counselor”

does not include any person who is employed by or otherwise

affiliated with a reproductive health care facility, a family planning

clinic or a family planning agency; any person affiliated with

the performance of abortions, except abortions performed to save

the life of the mother; or any person who may profit from giving

advice to seek an abortion.

(d) Notwithstanding s. 48.02 (2m), “court” means any circuit

court within this state.

(e) “Emancipated minor” means a minor who is or has been

married; a minor who has previously given birth; or a minor who

has been freed from the care, custody and control of her parents,

with little likelihood of returning to the care, custody and control

prior to marriage or prior to reaching the age of majority.

(em) “Member of the clergy” has the meaning given in s.

765.002 (1).

(g) “Physician” means a person licensed to practice medicine

and surgery under ch. 448.

(h) “Referring physician” means a physician who refers a

minor to another physician for the purpose of obtaining an abortion.

(3) APPLICABILITY. This section applies whether or not the

minor who initiates the proceeding is a resident of this state.

(4) PARENTAL CONSENT REQUIRED. (a) Except as provided in

this section, no person may perform or induce an abortion on or

for a minor who is not an emancipated minor unless the person is

a physician and one of the following applies:

1. The person or the person’s agent has, either directly or

through a referring physician or his or her agent, received and

made part of the minor’s medical record, under the requirements

of s. 253.10, the voluntary and informed written consent of the

minor and the voluntary and informed written consent of one of

her parents; or of the minor’s guardian or legal custodian, if one

has been appointed; or of an adult family member of the minor; or

of one of the minor’s foster parents or treatment foster parents, if

the minor has been placed in a foster home or treatment foster

home and the minor’s parent has signed a waiver granting the

department, a county department, the foster parent or the treatment

foster parent the authority to consent to medical services or

treatment on behalf of the minor.

2. The court has granted a petition under sub. (7).

(b) Paragraph (a) does not apply if the person who intends to

perform or induce the abortion is a physician and any of the following

occurs:

1. The person who intends to perform or induce the abortion

believes, to the best of his or her medical judgment based on the

facts of the case before him or her, that a medical emergency exists

that complicates the pregnancy so as to require an immediate

abortion.

1g. The minor provides the person who intends to perform or

induce the abortion with a written statement, signed and dated by

the minor, in which the minor swears that the pregnancy is the

result of a sexual assault in violation of s. 940.225 (1), (2) or (3)

in which the minor did not indicate a freely given agreement to

have sexual intercourse. The person who intends to perform or

induce the abortion shall place the statement in the minor’s medical

record and report the sexual intercourse as required under s.

48.981 (2) or (2m) (e). Any minor who makes a false statement

under this subdivision, which the minor does not believe is true,

is subject to a proceeding under s. 938.12 or 938.13 (12), whichever

is applicable, based on a violation of s. 946.32 (2).

1m. A physician who specializes in psychiatry or a licensed

psychologist, as defined in s. 455.01 (4), states in writing that the

physician or psychologist believes, to the best of his or her professional

judgment based on the facts of the case before him or her,

that the minor is likely to commit suicide rather than file a petition

under s. 48.257 or approach her parent, or guardian or legal custodian,

if one has been appointed, or an adult family member of the

minor, or one of the minor’s foster parents or treatment foster parents,

if the minor has been placed in a foster home or treatment foster

home and the minor’s parent has signed a waiver granting the

department, a county department, the foster parent or the treatment

foster parent the authority to consent to medical services or

treatment on behalf of the minor, for consent.

2. The minor provides the person who intends to perform or

induce the abortion with a written statement, signed and dated by

the minor, that the pregnancy is the result of sexual intercourse

with a caregiver specified in s. 48.981 (1) (am) 1., 2., 3., 4. or 8.

The person who intends to perform or induce the abortion shall

place the statement in the minor’s medical record. The person

who intends to perform or induce the abortion shall report the

sexual intercourse as required under s. 48.981 (2m) (d) 1.

3. The minor provides the person who intends to perform or

induce the abortion with a written statement, signed and dated by

the minor, that a parent who has legal custody of the minor, or the

minor’s guardian or legal custodian, if one has been appointed, or

an adult family member of the minor, or a foster parent or treatment

foster parent, if the minor has been placed in a foster home

or treatment foster home and the minor’s parent has signed a

waiver granting the department, a county department, the foster

parent or the treatment foster parent the authority to consent to

medical services or treatment on behalf of the minor, has inflicted

abuse on the minor. The person who intends to perform or induce

the abortion shall place the statement in the minor’s medical

record. The person who intends to perform or induce the abortion

shall report the abuse as required under s. 48.981 (2).

(5) COUNSELING. Any minor who is pregnant and who is seeking

an abortion and any minor who has had an abortion may

receive counseling from a counselor of her choice. A county

department may refer the minor to a private counselor.

(6) RIGHT TO PETITION COURT FOR WAIVER. Any pregnant

minor who is seeking an abortion in this state, and any member of

the clergy on the minor’s behalf, may file a petition specified

under s. 48.257 with any court for a waiver of the parental consent

requirement under sub. (4) (a) 1.

(7) COURT PROCEDURE. (a) Receipt of petition; initial appearance.

On the date that a petition under s. 48.257 is filed, or if it is

impossible to do so on that day, on the next calendar day, the court

shall hold an initial appearance in chambers at which the minor or

the member of the clergy who filed the petition on behalf of the

minor, if any, is present and shall do all of the following:

1. Appoint legal counsel under s. 48.23 (1m) (cm) for the

minor if the minor is not represented by counsel.

3. Set a time for a hearing on the petition that will enable the

court to comply with the time limit specified in par. (d) 1.

4. Notify the minor, the minor’s counsel, if any, the member

of the clergy who filed the petition on behalf of the minor, if any,

and the minor’s guardian ad litem, if any, of the time, date and

place of the hearing.

(am) Guardian ad litem; appointment. At the initial appearance

under par. (a), the court may also, in its discretion, appoint

a guardian ad litem under s. 48.235 (1) (d).

(b) Hearing; evidence. The court shall hold a confidential

hearing on a petition that is filed by a minor. The hearing shall be

held in chambers, unless a public fact−finding hearing is

demanded by the minor through her counsel. At the hearing, the

court shall consider the report of the guardian ad litem, if any, and

hear evidence relating to all of the following:

1. The emotional development, maturity, intellect and understanding

of the minor.

2. The understanding of the minor about the nature of, possible

consequences of and alternatives to the intended abortion

procedure.

3. Any other evidence that the court may find useful in making

the determination under par. (c).

(bm) Member of the clergy’s affidavit. If a member of the

clergy files a petition under s. 48.257 on behalf of a minor, the

member of the clergy shall file with the petition an affidavit stating

that the member of the clergy has met personally with the minor

and has explored with the minor the alternative choices available

to the minor for managing the pregnancy, including carrying the

pregnancy to term and keeping the infant, carrying the pregnancy

to term and placing the infant with a relative or with another family

for adoption or having an abortion, and has discussed with the

minor the possibility of involving one of the persons specified in

sub. (4) (a) 1. in the minor’s decision making concerning the pregnancy

and whether or not in the opinion of the minor that involvement

would be in the minor’s best interests. The court may make

the determination under par. (c) on the basis of the ordained member

of the clergy’s affidavit or may, in its discretion, require the

minor to attend an interview with the court in chambers before

making that determination. Any information supplied by a minor

to a member of the clergy in preparation of the petition under s.

48.257 or the affidavit under this paragraph shall be kept confidential

and may only be disclosed to the court in connection with

a proceeding under this subsection.

(c) Determination. The court shall grant the petition if the

court finds that any of the following standards applies:

1. That the minor is mature and well−informed enough to

make the abortion decision on her own.

2. That the performance or inducement of the abortion is in

the minor’s best interests.

(d) Time limit. 1. The court shall make the determination under

par. (c) and issue an order within 3 calendar days after the initial

appearance unless the minor and her counsel, or the member of the

clergy who filed the petition on behalf of the minor, if any, consent

to an extension of the time period. The order shall be effective

immediately. The court shall prepare and file with the clerk of

court findings of fact, conclusions of law and a final order granting

or denying the petition within 24 hours after making the determination

and order. If the court grants the petition, the court shall

immediately so notify the minor by personal service on her counsel,

or the member of the clergy who filed the petition on behalf

of the minor, if any, of a certified copy of the court’s order granting

the petition. If the court denies the petition, the court shall immediately

so notify the minor by personal service on her counsel, or

the member of the clergy who filed the petition on behalf of the

minor, if any, of a copy of the court’s order denying the petition

and shall also notify the minor by her counsel, or the member of

the clergy who filed the petition on behalf of the minor, if any, that

she has a right to initiate an appeal under s. 809.105.

1m. Except as provided under s. 48.315 (1) (b), (c), (f), and

(h), if the court fails to comply with the time limits specified under

subd. 1. without the prior consent of the minor and the minor’s

counsel, if any, or the member of the clergy who filed the petition

on behalf of the minor, if any, the minor and the minor’s counsel,

if any, or the member of the clergy, if any, shall select a temporary

reserve judge, as defined in s. 753.075 (1) (b), to make the determination

under par. (c) and issue an order granting or denying the

petition and the chief judge of the judicial administrative district

in which the court is located shall assign the temporary reserve

judge selected by the minor and the minor’s counsel, if any, or the

member of the clergy, if any, to make the determination and issue

the order. A temporary reserve judge assigned under this subdivision

to make a determination under par. (c) and issue an order

granting or denying a petition shall make the determination and

issue the order within 2 calendar days after the assignment, unless

the minor and her counsel, if any, or the member of the clergy who

filed the petition on behalf of the minor, if any, consent to an extension

of that time period. The order shall be effective immediately.

The court shall prepare and file with the clerk of court findings of

fact, conclusions of law and a final order granting or denying the

petition, and shall notify the minor of the court’s order, as provided

under subd. 1.

2. Counsel for the minor, or the member of the clergy who

filed the petition on behalf of the minor, if any, shall immediately,

upon notification under subd. 1. or 1m. that the court has granted

or denied the petition, notify the minor. If the court has granted

the petition, counsel for the minor, or the member of the clergy

who filed the petition on behalf of the minor, if any, shall hand

deliver a certified copy of the court order to the person who

intends to perform or induce the abortion. If with reasonable diligence

the person who intends to perform or induce the abortion

cannot be located for delivery, then counsel for the minor, or the

member of the clergy who filed the petition on behalf of the minor,

if any, shall leave a certified copy of the order with the person’s

agent at the person’s principal place of business. If a clinic or medical

facility is specified in the petition as the corporation, limited

liability company, partnership or other unincorporated association

that employs the person who intends to perform or induce the

abortion, then counsel for the minor, or the member of the clergy

who filed the petition on behalf of the minor, if any, shall hand

deliver a certified copy of the order to an agent of the corporation,

limited liability company, partnership or other unincorporated

association at its principal place of business. There may be no service

by mail or publication. The person or agent who receives the

certified copy of the order under this subdivision shall place the

copy in the minor’s medical record.

(e) Confidentiality. The identity of a minor who files or for

whom is filed a petition under s. 48.257 and all records and other

papers relating to a proceeding under this subsection shall be kept

confidential except for use in a forfeiture action under s. 895.037

(2), a civil action filed under s. 895.037 (3) or a child abuse or

neglect investigation under s. 48.981.

(f) Certain persons barred from proceedings. No parent, or

guardian or legal custodian, if one has been appointed, or foster

parent or treatment foster parent, if the minor has been placed in

a foster home or treatment foster home and the minor’s parent has

signed a waiver granting the department, a county department, the

foster parent or the treatment foster parent the authority to consent

to medical services or treatment on behalf of the minor, or adult

family member, of any minor who is seeking a court determination

under this subsection may attend, intervene or give evidence in

any proceeding under this subsection.

(8) APPEAL. An appeal by a minor from an order of the trial

court denying a petition under sub. (7) may be taken to the court

of appeals as a matter of right under s. 808.03 (1) and is governed

by s. 809.105.

 

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CHAPTER 59

COUNTIES

 

* * *

 

59.53 Health and human services. (1) SURPLUS COMMODITY

PLANS. The board may adopt and participate in any surplus

commodity absorption plan in connection with furnishing relief to

needy persons within any municipality in the county and appropriate

money to carry out such plan.

 

* * *

 

(13) PAYMENTS FOR ABORTIONS AND ABORTION−RELATED

ACTIVITY RESTRICTED. (a) No county, or agency or subdivision of

the county, may authorize funds for or pay to a physician or surgeon

or a hospital, clinic or other medical facility for the performance

of an abortion except those permitted under and which are

performed in accordance with s. 20.927.

(b) No county or agency or subdivision of a county may authorize

payment of funds for a grant, subsidy or other funding involving

a pregnancy program, project or service if s. 20.9275 (2)

applies to the pregnancy program, project or service.

 

* * *

 

CHAPTER 66

GENERAL MUNICIPALITY LAW

 

* * *

 

66.0601 Appropriations. (1) PROHIBITED APPROPRIATIONS.

(a) Bonus to state institution. No appropriation or bonus, except

a donation, may be made by a town, village, or city, nor municipal

liability created nor tax levied, as a consideration or inducement

to the state to locate any public educational, charitable, reformatory,

or penal institution.

(b) Payments for abortions restricted. No city, village, town,

family care district under s. 46.2895 or agency or subdivision of

a city, village or town may authorize funds for or pay to a physician

or surgeon or a hospital, clinic or other medical facility for the

performance of an abortion except those permitted under and

which are performed in accordance with s. 20.927.

(c) Payments for abortion−related activity restricted. No city,

village, town, family care district under s. 46.2895 or agency or

subdivision of a city, village or town may authorize payment of

funds for a grant, subsidy or other funding involving a pregnancy

program, project or service if s. 20.9275 (2) applies to the pregnancy

program, project or service.

 

* * *.

 

CHAPTER 69

COLLECTION OF STATISTICS

 

* * *

 

69.186 Induced abortion reporting. (1) On or before January

15 annually, each hospital, clinic or other facility in which an

induced abortion is performed shall file with the department a

report for each induced abortion performed in the hospital, clinic

or other facility in the previous calendar year. Each report shall

contain all of the following information with respect to each

patient obtaining an induced abortion in the hospital, clinic or

other facility:

(a) The state and, if this state, the county, of residence.

(b) Patient number.

(c) Race.

(d) Age.

(e) Marital status.

(f) Month and year in which the induced abortion was performed.

(g) Education.

(h) The number of weeks since the patient’s last menstrual

period.

(hm) Whether the abortion was a chemically induced abortion,

a surgical abortion or a surgical abortion following a failed or

incomplete chemical abortion.

(i) Complications, if any, resulting from performance of the

induced abortion.

(j) If the patient is a minor, whether consent was provided

under s. 48.375 (4) (a) 1. for the abortion and, if so, the relationship

of the individual providing consent to the minor; or, if consent

under s. 48.375 (4) (a) 1. was not provided, on which of the bases

under s. 48.375 (4) (a) 2. or (b) 1., 1g., 1m., 2. or 3. the abortion

was performed.

(2) The department shall collect the information under sub. (1)

in a manner which the department shall specify and which ensures

the anonymity of a patient who receives an induced abortion, a

health care provider who provides an induced abortion and a hospital,

clinic or other facility in which an induced abortion is performed.

The department shall publish annual demographic summaries

of the information obtained under this section, except that

the department may not disclose rmal style='mso-layout-grid-align:none;text-autospace:none'>reports for use in publishing the annual demographic summary

under this subsection.

 

* * *

 

CHAPTER 253

MATERNAL AND CHILD HEALTH

 

* * *

 

253.02 Department; powers and duties. (1) In this section:

(a) “Children with special health care needs” means children

who have health problems that require intervention beyond routine

and basic care, including children with or at risk for disabilities,

chronic illnesses and conditions, health−related educational

problems and health−related behavioral problems.

(b) “Preventive health services for children” includes assessment

and appropriate follow−up regarding a child’s growth and

development, immunization status, nutrition, vision and hearing.

(2) The department shall maintain a maternal and child health

program within the division, to promote the reproductive health

of individuals and the growth, development, health and safety of

infants, children and adolescents. The program shall include all

of the following:

(a) Reproductive health services, including health services

prior to conception and family planning services, as defined in s.

253.07 (1) (b).

(b) Pregnancy−related services to pregnant women from the

time of confirmation of the pregnancy through the maternal postpartum

period, including pregnancy information, referral and follow−

up, early identification of pregnancy and prenatal services.

(c) Infant and preschool health services to children from birth

to 5 years of age, including neonatal health services, preventive

health services for children and parent education and support services.

(d) Child and adolescent health services to promote the physical

and psychosocial health of children and adolescents, including

preventive health services for children, adolescent health services,

teen pregnancy prevention services, alcohol and other drug

abuse prevention and mental health−related services.

(e) General maternal and child health services, including

health education, oral health, nutrition, childhood and adolescent

injury prevention and family health benefits counseling.

(f) Health services to children with special health care needs.

(g) Maternal and child health system coordination services that

promote coordination of public and private sector activities in

areas of the maternal and child health program described in pars.

(a) to (f).

(2m) Nothing in this section authorizes the performance,

promotion, encouragement or counseling in favor of, or referral

either directly or through an intermediary for, voluntary termination

of pregnancy. Nothing in this section prohibits the providing

of nondirective information explaining any of the following:

(a) Prenatal care and delivery.

(b) Infant care, foster care or adoption.

(c) Pregnancy termination.

(3) The department shall designate a subunit within the division

to have responsibility for the maternal and child health program.

The subunit shall be comprised of an adequate number of

interdisciplinary professional staff with expertise in maternal and

child health who will assume responsibility for all of the following:

(a) Planning, coordination, data collection and evaluation of

the program.

(b) Providing consultation and technical assistance to local

health professionals.

(c) Coordinating the program activities with related activities

conducted under the authority of other state and federal agencies.

 

* * *

 

253.07 Family planning. (1) DEFINITIONS. In this section:

(a) “Family planning” means voluntary action by individuals

to prevent or aid conception. “Family planning” does not include

the performance, promotion, encouragement or counseling in

favor of, or referral either directly or through an intermediary for,

voluntary termination of pregnancy, but may include the providing

of nondirective information explaining any of the following:

1. Prenatal care and delivery.

2. Infant care, foster care or adoption.

3. Pregnancy termination.

(b) “Family planning services” mean counseling by trained

personnel regarding family planning; distribution of information

relating to family planning; and referral to licensed nurse practitioners

within the scope of their practice, licensed physicians or

local health departments for consultation, examination, medical

treatment and prescriptions for the purpose of family planning.

“Family planning” does not include the performance, promotion,

encouragement or counseling in favor of, or referral either directly

or through an intermediary for, voluntary termination of pregnancy,

but may include the providing of nondirective information

explaining any of the following:

1. Prenatal care and delivery.

2. Infant care, foster care or adoption.

3. Pregnancy termination.

 

* * *

 

53.09 Abortion refused; no liability; no discrimination.

(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.

(2) 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.

(3) 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.

(4) 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:

(a) 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

(b) Such entity to:

1. 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

2. 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.

 

253.10 Voluntary and informed consent for abortions.

(1) LEGISLATIVE FINDINGS AND INTENT. (a) The legislature finds

that:

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.

2. 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.

3. 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).

4. 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.

5. 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.

6. 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.

(b) It is the intent of the legislature in enacting this section to

further the important and compelling state interests in all of the

following:

1. 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.

2. Fostering the development of standards of professional

conduct in the practice of abortion.

3. 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.

4. Ensuring that a woman who decides to have an elective

abortion gives her voluntary and informed consent to the abortion

procedure.

(2) DEFINITIONS. In this section:

(a) “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.

(b) “Agency” means a private nonprofit organization or a

county department under s. 46.215, 46.22 or 46.23.

(c) “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).

(d) “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.

(e) “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.

(f) “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.

(g) “Qualified physician” means a physician who by training

or experience is qualified to provide the information required

under sub. (3) (c) 1.

(h) “Viability” has the meaning given in s. 940.15 (1).

(3) VOLUNTARY AND INFORMED CONSENT. (a) Generally. 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.

(b) Voluntary consent. Consent under this section to an abortion

is voluntary only if the consent is given freely and without

coercion by any person.

(c) Informed consent. Except if a medical emergency exists,

a woman’s consent to an abortion is informed only if all of the following

first take place:

1. 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:

a. Whether or not, according to the reasonable medical judgment

of the physician, the woman is pregnant.

b. The probable gestational age of the unborn child at the time

that the information is provided. The physician or other qualified

physician shall also provide this information to the woman in writing

at this time.

c. The particular medical risks, if any, associated with the

woman’s pregnancy.

d. The probable anatomical and physiological characteristics

of the woman’s unborn child at the time the information is given.

e. The details of the medical or surgical method that would be

used in performing or inducing the abortion.

f. The medical risks associated with the particular abortion

procedure that would be used, including the risks of infection,

psychological trauma, hemorrhage, endometritis, perforated

uterus, incomplete abortion, failed abortion, danger to subsequent

pregnancies and infertility.

g. That fetal ultrasound imaging and auscultation of fetal

heart tone services are available that enable a pregnant woman to

view the image or hear the heartbeat of her unborn child. In so

informing the woman and describing these services, the physician

shall advise the woman as to how she may obtain these services

if she desires to do so.

h. The recommended general medical instructions for the

woman to follow after an abortion to enhance her safe recovery

and the name and telephone number of a physician to call if

complications arise after the abortion.

i. If, in the reasonable medical judgment of the physician, the

woman’s unborn child has reached viability, that the physician

who is to perform or induce the abortion is required to take all

steps necessary under s. 940.15 to preserve and maintain the life

and health of the child.

j. Any other information that a reasonable patient would consider

material and relevant to a decision of whether or not to carry

a child to birth or to undergo an abortion.

k. That the woman may withdraw her consent to have an abortion

at any time before the abortion is performed or induced.

L. That, except as provided in sub. (3m), the woman is not

required to pay any amount for performance or inducement of the

abortion until at least 24 hours have elapsed after the requirements

of this paragraph are met.

2. 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, a qualified person assisting the

physician or another qualified physician has, in person, orally

informed the woman of all of the following:

a. That benefits under the medical assistance program may be

available for prenatal care, childbirth and neonatal care.

b. That the father of the unborn child is liable for assistance

in the support of the woman’s child, if born, even if the father has

offered to pay for the abortion.

c. That the woman has a legal right to continue her pregnancy

and to keep the child; to place the child in a foster home or treatment

foster home for 6 months or to petition a court for placement

of the child in a foster home, treatment foster home or group home

or with a relative; or to place the child for adoption under a process

that involves court approval both of the voluntary termination of

parental rights and of the adoption.

d. That the woman has the right to receive and review the

printed materials described in par. (d). The physician or qualified

person assisting the physician shall physically give the materials

to the woman and shall, in person, orally inform her that the materials

are free of charge, have been provided by the state and

describe the unborn child and list agencies that offer alternatives

to abortion and shall provide her with the current updated copies

of the printed materials free of charge.

e. If the woman has received a diagnosis of disability for her

unborn child, that the printed materials described in par. (d) contain

information on community−based services and financial

assistance programs for children with disabilities and their families,

information on support groups for people with disabilities

and parents of children with disabilities and information on adoption

of children with special needs.

f. If the woman asserts that her pregnancy is the result of

sexual assault or incest, that the printed materials described in par.

(d) contain information on counseling services and support

groups for victims of sexual assault and incest and legal protections

available to the woman and her child if she wishes to oppose

establishment of paternity or to terminate the father’s parental

rights.

g. That the printed materials described in par. (d) contain

information on the availability of public and private agencies and

services to provide the woman with information on family planning,

as defined in s. 253.07 (1) (a), including natural family planning

information.

3. The information that is required under subds. 1. and 2. is

provided to the woman in an individual setting that protects her

privacy, maintains the confidentiality of her decision and ensures

that the information she receives focuses on her individual circumstances.

This subdivision may not be construed to prevent the

woman from having a family member, or any other person of her

choice, present during her private counseling.

4. Whoever provides the information that is required under

subd. 1. or 2., or both, provides adequate opportunity for the

woman to ask questions, including questions concerning the pregnancy,

her unborn child, abortion, foster care and adoption, and

provides the information that is requested or indicates to the

woman where she can obtain the information.

5. The woman certifies in writing on a form that the department

shall provide, prior to performance or inducement of the

abortion, that the information that is required under subds. 1. and

2. has been provided to her in the manner specified in subd. 3., that

she has been offered the information described in par. (d) and that

all of her questions, as specified under subd. 4., have been

answered in a satisfactory manner. The physician who is to perform

or induce the abortion or the qualified person assisting the

physician shall write on the certification form the name of the physician

who is to perform or induce the abortion. The woman shall

indicate on the certification form who provided the information to

her and when it was provided.

6. Prior to the performance or the inducement of the abortion,

the physician who is to perform or induce the abortion or the qualified

person assisting the physician receives the written certification

that is required under subd. 5. The physician or qualified person

assisting the physician shall place the certification in the

woman’s medical record and shall provide the woman with a copy

of the certification.

7. If the woman considering an abortion is a minor, unless s.

48.375 (4) (a) 2. applies, the requirements to provide information

to the woman under subds. 1. to 6. apply to also require provision

of the information to the individual whose consent is also required

under s. 48.375 (4) (a) 1. If the woman considering an abortion

has been adjudicated incompetent under ch. 880, the requirements

to provide information to the woman under subds. 1. to 6. apply

to also require provision of the information to the person

appointed as the woman’s guardian.

(d) Printed information. By the date that is 60 days after May

16, 1996, the department shall cause to be published in English,

Spanish, and other languages spoken by a significant number of

state residents, as determined by the department, materials that are

in an easily comprehensible format and are printed in type of not

less than 12−point size. The department shall distribute a reasonably

adequate number of the materials to county departments as

specified under s. 46.245 and upon request, shall annually review

the materials for accuracy and shall exercise reasonable diligence

in providing materials that are accurate and current. The materials

shall be all of the following:

1. Geographically indexed materials that are designed to

inform a woman about public and private agencies, including

adoption agencies, and services that are available to provide information

on family planning, as defined in s. 253.07 (1) (a), including

natural family planning information, to provide ultrasound

imaging services, to assist her if she has received a diagnosis that

her unborn child has a disability or if her pregnancy is the result

of sexual assault or incest and to assist her through pregnancy,

upon childbirth and while the child is dependent. The materials

shall include a comprehensive list of the agencies available, a

description of the services that they offer and a description of the

manner in which they may be contacted, including telephone

numbers and addresses, or, at the option of the department, the

materials shall include a toll−free, 24−hour telephone number that

may be called to obtain an oral listing of available agencies and

services in the locality of the caller and a description of the services

that the agencies offer and the manner in which they may be

contacted. The materials shall provide information on the availability

of governmentally funded programs that serve pregnant

women and children. Services identified for the woman shall

include medical assistance for pregnant women and children

under s. 49.47 (4) (am), the availability of family or medical leave

under s. 103.10, the Wisconsin works program under ss. 49.141

to 49.161, child care services, child support laws and programs

and the credit for expenses for household and dependent care and

services necessary for gainful employment under section 21 of the

internal revenue code. The materials shall state that it is unlawful

to perform an abortion for which consent has been coerced, that

any physician who performs or induces an abortion without

obtaining the woman’s voluntary and informed consent is liable

to her for damages in a civil action and is subject to a civil penalty,

that the father of a child is liable for assistance in the support of

the child, even in instances in which the father has offered to pay

for an abortion, and that adoptive parents may pay the costs of prenatal

care, childbirth and neonatal care. The materials shall

include information, for a woman whose pregnancy is the result

of sexual assault or incest, on legal protections available to the

woman and her child if she wishes to oppose establishment of

paternity or to terminate the father’s parental rights. The materials

shall state that fetal ultrasound imaging and auscultation of fetal

heart tone services are obtainable by pregnant women who wish

to use them and shall describe the services.

2. Materials, including photographs, pictures or drawings,

that are designed to inform the woman of the probable anatomical

and physiological characteristics of the unborn child at 2−week

gestational increments for the first 16 weeks of her pregnancy and

at 4−week gestational increments from the 17th week of the pregnancy

to full term, including any relevant information regarding

the time at which the unborn child could possibly be viable. The

pictures or drawings must contain the dimensions of the unborn

child and must be realistic and appropriate for the stage of pregnancy

depicted. The materials shall be objective, nonjudgmental

and designed to convey only accurate scientific information about

the unborn child at the various gestational ages, including appearance,

mobility, brain and heart activity and function, tactile sensitivity

and the presence of internal organs and external members.

The materials shall also contain objective, accurate information

describing the methods of abortion procedures commonly

employed, the medical and psychological risks commonly associated

with each such procedure, including the risks of infection,

psychological trauma, hemorrhage, endometritis, perforated

uterus, incomplete abortion, failed abortion, danger to subsequent

pregnancies and infertility, and the medical risks commonly associated

with carrying a child to birth.

3. A certification form for use under par. (c) 5. that lists, in a

check−off format, all of the information required to be provided

under that subdivision.

(e) Requirement to obtain materials. A physician who intends

to perform or induce an abortion or another qualified physician,

who reasonably believes that he or she might have a patient for

whom the information under par. (d) is required to be given, shall

request a reasonably adequate number of the materials that are

described under par. (d) from the department under par. (d) or from

a county department as specified under s. 46.245.

(f) Medical emergency. If a medical emergency exists, the

physician who is to perform or induce the abortion necessitated by

the medical emergency shall inform the woman, prior to the abortion

if possible, of the medical indications supporting the physician’s

reasonable medical judgment that an immediate abortion is

necessary to avert her death or that a 24−hour delay in performance

or inducement of an abortion will create a serious risk of

substantial and irreversible impairment of one or more of the

woman’s major bodily functions. If possible, the physician shall

obtain the woman’s written consent prior to the abortion. The

physician shall certify these medical indications in writing and

place the certification in the woman’s medical record.

(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.

(3m) PREGNANCY AS THE RESULT OF SEXUAL ASSAULT OR

INCEST. (a) A woman seeking an abortion may waive the 24−hour

period required under sub. (3) (c) 1. (intro.) and L. and 2. (intro.)

if all of the following are first done:

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.

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.

(b) The 24−hour period required under sub. (3) (c) 1. (intro.)

and L. and 2. (intro.) is reduced to at least 2 hours if all of the following

are first done:

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.

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.

(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.

(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.

(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.

(6) CIVIL REMEDIES. (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.

(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).

(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.

(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.

(e) A contract is not a defense to an action under this subsection.

(f) Nothing in this subsection limits the common law rights of

a person that are not in conflict with sub. (3).

(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.

(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.

 

* * *

 

CHAPTER 441

BOARD OF NURSING

 

* * *

 

441.06 Licensure; civil liability exemption. (1) An

applicant for licensure as a registered nurse who complies with the

requirements of this subchapter and satisfactorily passes an

examination shall receive a license. The holder of such a license

of another state or territory or province of Canada may be granted

a license without examination if the holder’s credentials of general

and professional educational qualifications and other qualifications

are comparable to those required in this state during the

same period and if the board is satisfied from the holder’s employment

and professional record that the holder is currently competent

to practice the profession. The board shall evaluate the credentials

and determine the equivalency and competency in each

case. The application for licensure without examination shall be

accompanied by the fee prescribed in s. 440.05 (2).

(2) The holder of the license is a “registered nurse”, may

append “R.N.” to his or her name and is authorized to practice professional

nursing.

(3) A registered nurse practicing for compensation shall, on or

before the applicable renewal date specified under s. 440.08 (2)

(a), submit to the board on furnished forms a statement giving

name, residence, and other facts that the board requires, with the

applicable renewal fee specified under s. 440.08 (2) (a).

(4) No person may practice or attempt to practice professional

nursing, nor use the title, letters, or anything else to indicate that

he or she is a registered or professional nurse unless he or she is

licensed under this section. No person not so licensed may use in

connection with his or her nursing employment or vocation any

title or anything else to indicate that he or she is a trained, certified

or graduate nurse. This subsection does not apply to any person

who is licensed to practice nursing by a jurisdiction, other than this

state, that has adopted the nurse licensure compact under s.

441.50.

(6) No person licensed as a registered nurse under this section

is liable for any civil damages resulting from his or her refusal to

perform sterilization procedures or to remove or aid in the

removal of a human embryo or fetus from a person, if the refusal

is based on religious or moral precepts.

 

* * *

 

CHAPTER 448

MEDICAL PRACTICES

 

* * *

 

448.03 License or certificate required to practice; use

of titles; civil immunity; practice of Christian Science.

(1) LICENSE REQUIRED TO PRACTICE. (a) No person may practice

medicine and surgery, or attempt to do so or make a representation

as authorized to do so, without a license to practice medicine and

surgery granted by the board.

(b) No person may practice as a physician assistant unless he

or she is licensed by the board as a physician assistant.

(c) No person may practice perfusion, attempt to do so, or

make a representation as authorized to do so, without a license to

practice perfusion granted by the board.

 

* * *

 

(5) CIVIL LIABILITY; CERTAIN MEDICAL PROCEDURES AND

REPORTS. (a) No person licensed or certified under this subchapter

shall be liable for any civil damages resulting from such person’s

refusal to perform sterilization procedures or to remove or aid in

the removal of a human embryo or fetus from a person if such

refusal is based on religious or moral precepts.

 

* * *

 

CHAPTER 809

RULES OF APPELLATE PROCEDURE

 

* * *

 

809.105 Appeals in proceedings related to parental

consent prior to performance of abortion. (1) APPLICABILITY.

This section applies to the appeal of an order under s.

48.375 (7) and supersedes all inconsistent provisions of this chapter.

(2) INITIATING AN APPEAL. Only a minor may initiate an appeal

under this section. The minor shall initiate the appeal by filing, or

by a member of the clergy filing on the minor’s behalf, a notice of

appeal with the clerk of the trial court in which the order appealed

from was entered and shall specify in the notice of appeal the order

appealed from. At the same time, the minor or member of the

clergy shall notify the court of appeals of the filing of the appeal

by sending a copy of the notice of appeal to the clerk of the court

of appeals. The clerk of the trial court shall assist the minor or

member of the clergy in sending a copy of the notice of appeal to

the clerk of the court of appeals. The minor may use the name

“Jane Doe” instead of her name on the notice of appeal and all

other papers filed with the court of appeals.

(3) PERFECTING THE APPEAL. (a) Fee. No fee for filing an

appeal in the court of appeals under this section may be required

of a minor or of a member of the clergy who files an appeal under

this section on behalf of the minor.

(b) Forwarding to court of appeals. The clerk of the trial court

shall forward to the court of appeals within 3 calendar days after

the filing of the notice of appeal a copy of the notice of appeal and

a copy of the trial court case record maintained as provided in s.

59.40 (2) (b), using the name “Jane Doe” instead of the minor’s

name, and the record on appeal, assembled as provided in sub. (4).

(c) Filing in court of appeals. The clerk of the court of appeals

shall file the appeal immediately upon receipt of the items specified

in par. (b).

(d) Statement on transcript. A minor or member of the clergy

may not be required to file a statement on transcript in an appeal

under this section.

(4) RECORD ON APPEAL. The record in an appeal under this section

consists of the following:

(a) The petition.

(b) Proof of service of the notice of hearing.

(c) The findings of fact, conclusions of law and final order of

the trial court.

(d) Any other order made that is relevant to the appeal and the

papers upon which that other order is based.

(e) Exhibits material to the appeal, whether or not received in

evidence.

(f) Any other paper or exhibit filed in the trial court that the

minor requests to have included in the record.

(g) The notice of appeal.

(h) A transcript of the reporter’s notes.

(i) The certificate of the clerk.

(j) If the trial court appointed a guardian ad litem under s.

48.235 (1) (d), a letter written to the court of appeals by the guardian

ad litem indicating his or her position on whether or not the

minor is mature and well−informed enough to make the abortion

decision on her own and whether or not the performance or

inducement of an abortion is in the minor’s best interests.

(5) TRANSCRIPT OF REPORTER’S NOTES. At the time that a minor

or member of the clergy files a notice of appeal, the minor or member

of the clergy shall make arrangements with the reporter for the

preparation of a transcript of the reporter’s notes of the proceedings

under s. 48.375 (7). The reporter shall file the transcript with

the trial court within 2 calendar days after the notice of appeal is

filed. The county of the court that held the proceeding under s.

48.375 (7) shall pay the expense of transcript preparation under

this subsection.

(6) VOLUNTARY DISMISSAL. A minor may dismiss an appeal

under this section by filing a notice of dismissal in the court of

appeals.

(7) BRIEFS. Briefs are not required to be filed in appeals under

this section.

(8) ASSIGNMENT AND ADVANCEMENT OF CASES. The court of

appeals shall take cases appealed under this section in an order that

a case appealed under this section is to be submitted with oral

argument, the oral argument shall be held in chambers or, on

motion of the minor through her counsel or through the member

of the clergy who filed the appeal under this section, if any, or on

the court of appeals’ own motion, by telephone, unless the minor

through her counsel or the member of the clergy demands that the

oral argument be held in open court.

(9) COSTS. The court of appeals may not assess costs against

a minor or member of the clergy in an appeal under this section.

(10) REMITTITUR. (a) A judgment by the court of appeals

under this section is effective immediately, without transmittal to

the trial court, as an order either granting or denying the petition.

If the court of appeals reverses a trial court order denying a petition

under s. 48.375 (7), the court of appeals shall immediately so

notify the minor by personal service on her counsel or the member

of the clergy who initiated the appeal under this section, if any, of

a certified copy of the order of the court of appeals granting the

minor’s petition. If the court of appeals affirms the trial court

order, it shall immediately so notify the minor by personal service

on her counsel or the member of the clergy who initiated the

appeal under this section, if any, of a copy of the order of the court

of appeals denying the petition and shall also notify the minor by

her counsel or the member of the clergy who initiated the appeal

under this section on behalf of the minor, if any, that she may,

under sub. (11), file a petition for review with the supreme court

under s. 809.62. The court of appeals shall pay the expenses of

service of notice under this subsection. The clerk of the court of

appeals shall transmit to the trial court the judgment and opinion

of the court of appeals and the record in the case filed under sub.

(4), within 31 days after the date that the judgment and opinion of

the court of appeals are filed. If a petition for review is filed under

sub. (11), the transmittal shall be made within 31 days after the

date that the supreme court rules on the petition for review.

(b) Counsel for the minor, if any, or the member of the clergy

who initiated the appeal under this section, if any, shall immediately,

upon notification under par. (a) that the court of appeals has

granted or denied the petition, notify the minor. If the court of

appeals has granted the petition, counsel for the minor, if any, or

the member of the clergy who initiated the appeal under this section,

if any, shall hand deliver a certified copy of the order of the

court of appeals to the person who intends to perform or induce

the abortion. If with reasonable diligence the person who intends

to perform or induce the abortion cannot be located for delivery,

then counsel for the minor, if any, or the member of the clergy who

initiated the appeal under this section, if any, shall leave a certified

copy of the order with the person’s agent at the person’s principal

place of business. If a clinic or medical facility is specified in the

petition as the corporation, partnership or other unincorporated

association that employs the person who intends to perform or

induce the abortion, then counsel for the minor, if any, or the member

of the clergy who initiated the appeal under this section, if any,

shall hand deliver a certified copy of the order to an agent of the

corporation, partnership or other unincorporated association at its

principal place of business. There may be no service by mail or

publication. The person or agent who receives the certified copy

of the order under this paragraph shall place the copy in the

minor’s medical record.

(11) PETITION FOR REVIEW IN SUPREME COURT. (a) Only a

minor or the member of the clergy who initiated the appeal under

this section, if any, may initiate a review of an appeal under this

section. The petition for review of an appeal in the supreme court

shall contain:

1. A statement of the issues presented for review and how the

issues were decided by the trial court and court of appeals.

2. A brief statement explaining the reason for appeal to the

supreme court.

3. The judgment and opinion of the court of appeals, and the

findings of fact, conclusions of law and final order of the trial court

that were furnished to the court of appeals. The court of appeals

shall provide a copy of these papers to the minor, if any, the member

of the clergy who initiated the appeal under this section, if any,

her counsel or her guardian ad litem, if any, immediately upon

request.

4. A copy of any other document submitted to the court of

appeals under sub. (4).

(b) The supreme court shall decide whether or not to grant the

petition for review and shall decide the issue on review within the

time specified in par. (c).

(c) The supreme court shall, by court rule, provide for expedited

appellate review of cases appealed under this subsection

because time may be of the essence regarding the performance of

the abortion.

(cm) If the supreme court determines that a case reviewed

under this subsection is to be submitted with oral argument, the

oral argument shall be held in chambers or, on motion of the minor

through her counsel or through the member of the clergy who initiated

the appeal under this section, if any, or on the supreme court’s

own motion, by telephone, unless the minor through her counsel

or the member of the clergy demands that the oral argument be

held in open court.

(d) A judgment or decision by the supreme court under this

section is effective immediately, without transmittal to the trial

court, as an order either granting or denying the petition. If the

supreme court reverses a court of appeals order affirming a trial

court order denying a petition under s. 48.375 (7), the supreme

court shall immediately so notify the minor by personal service on

her counsel, if any, or on the member of the clergy who initiated

the appeal under this section, if any, of a certified copy of the order

of the supreme court granting the minor’s petition. If the supreme

court affirms the order of the court of appeals, it shall immediately

so notify the minor by her counsel or by the member of the clergy

who initiated the appeal under this section, if any. The clerk of the

supreme court shall transmit to the trial court the judgment, or

decision, and opinion of the supreme court and the complete

record in the case within 31 days after the date that the judgment,

or decision, and opinion of the supreme court are filed. The

supreme court shall pay the expense of service of notice under this

subsection.

(e) Counsel for the minor, if any, or the member of the clergy

who initiated the appeal under this section, if any, shall immediately,

upon notification under par. (d) that the supreme court has

granted or denied the petition, notify the minor. If the supreme

court has granted the petition, counsel for the minor, if any, or the

member of the clergy who initiated the appeal under this section,

if any, shall hand deliver a certified copy of the order of the

supreme court to the person who intends to perform or induce the

abortion. If with reasonable diligence the person who intends to

perform or induce the abortion cannot be located for delivery, then

counsel for the minor, if any, or the member of the clergy who initiated

the appeal under this section, if any, shall leave a certified

copy of the order with the person’s agent at the person’s principal

place of business. If a clinic or medical facility is specified in the

petition as the corporation, partnership or other unincorporated

association that employs the person who intends to perform or

induce the abortion, then counsel for the minor, if any, or the member

of the clergy who initiated the appeal under this section, if any,

shall hand deliver a certified copy of the order to an agent of the

corporation, partnership or other unincorporated association at its

principal place of business. There may be no service by mail or

publication. The person or agent who receives the certified copy

of the order under this paragraph shall place the order in the

minor’s medical record.

(12) CONFIDENTIALITY AND ANONYMITY. All proceedings in

the court of appeals and the supreme court that are brought under

this section shall be conducted in a confidential manner, and the

minor may use the name “Jane Doe” instead of her name on all

papers filed with either court. The identity of the minor involved

and all records and other papers pertaining to an appeal shall be

kept confidential, except as provided in s. 48.375 (7) (e).

(13) CERTAIN PERSONS BARRED FROM PROCEEDINGS. No parent,

or guardian or legal custodian, if one has been appointed, or foster

parent or treatment foster parent, if the minor has been placed in

a foster home or treatment foster home, and the minor’s parent has

signed a waiver granting the department of health and family services,

a county department under s. 46.215, 46.22 or 46.23, the

foster parent or the treatment foster parent the authority to consent

to medical services or treatment on behalf of the minor, or adult

family member, as defined in s. 48.375 (2) (b), of any minor who

has initiated an appeal under this section may attend or intervene

in any proceeding under this section.

 

* * *

 

CHAPTER 895

MISCELLANEOUS GENERAL PROVISIONS

 

* * *

 

895.037 Abortions on or for a minor without parental

consent or judicial waiver. (1) DEFINITIONS. In this section:

(a) “Abortion” has the meaning given in s. 48.375 (2) (a).

(c) “Emancipated minor” has the meaning given in s. 48.375

(2) (e).

(2) PENALTIES. (a) Any person who, in violation of s. 48.375

(4), intentionally performs or induces an abortion on or for a minor

whom the person knows or has reason to know is not an emancipated

minor may be required to forfeit not more than $10,000.

(b) Any person who intentionally violates s. 48.375 (7) (e) or

809.105 (12) may be required to forfeit not more than $10,000.

(3) CIVIL REMEDIES. (a) A person who intentionally violates

s. 48.375 (4) is liable to the minor on or for whom the abortion was

performed or induced and to the minor’s parent, guardian and

legal custodian for damages arising out of the performance or

inducement of the abortion including, but not limited to, damages

for personal injury and emotional and psychological distress.

(b) If a person who has been awarded damages under par. (a)

proves by clear and convincing evidence that the violation of s.

48.375 (4) was willful, wanton or reckless, that person shall also

be entitled to punitive damages.

(c) A conviction under sub. (2) (a) is not a condition precedent

to bringing an action, obtaining a judgment or collecting that judgment

under this subsection.

(d) A person who recovers damages under par. (a) or (b) may

also recover reasonable attorney fees incurred in connection with

the action, notwithstanding s. 814.04 (1).

(e) A contract is not a defense to an action under this subsection.

(f) Nothing in this subsection limits the common law rights of

parents, guardians, legal custodians and minors.

(4) CONFIDENTIALITY. The identity of a minor who is the subject

of an action under this section and the identity of the minor’s

parents, guardian and legal custodian shall be kept confidential

and may not be disclosed, except to the court, the parties, their

counsel, witnesses and other persons approved by the court. All

papers filed in and all records of a court relating to an action under

this section shall identify the minor as “Jane Doe” and shall identify

her parents, guardian and legal custodian by initials only. All

hearings relating to an action under this section shall be held in

chambers unless the minor demands a hearing in open court and

her parents, guardian or legal custodian do not object. If a public

hearing is not held, only the parties, their counsel, witnesses and

other persons requested by the court, or requested by a party and

approved by the court, may be present.

 

895.038 Partial−birth abortions; liability.   [These provisions have been held to be unconstitutional and unenforceable.] (1) In this section:

(a) “Child” has the meaning given in s. 940.16 (1) (a).

(b) “Partial−birth abortion” has the meaning given in s. 940.16

(1) (b).

(2) (a) Except as provided in par. (b), any of the following persons

has a claim for appropriate relief against a person who performs

a partial−birth abortion:

1. If the person on whom a partial−birth abortion was performed

was a minor, the parent of the minor.

2. The father of the child aborted by the partial−birth abortion.

(b) A person specified in par. (a) 1. or 2. does not have a claim

under par. (a) if any of the following apply:

1. The person consented to performance of the partial−birth

abortion.

2. The pregnancy of the woman on whom the partial−birth

abortion was performed was the result of a sexual assault in violation

of s. 940.225, 944.06, 948.02, 948.025, 948.06 or 948.09 that

was committed by the person.

(3) The relief available under sub. (2) shall include all of the

following:

(a) If the abortion was performed in violation of s. 940.16,

damages arising out of the performance of the partial−birth abortion,

including damages for personal injury and emotional and

psychological distress.

(b) Exemplary damages equal to 3 times the cost of the partial−

birth abortion.

(4) Subsection (2) applies even if the mother of the child

aborted by the partial−birth abortion consented to the performance

of the partial−birth abortion.

 

* * *

 

CHAPTER 939and (1g) (c), (cm), and (d), 940.10 (2), 940.195, 940.23 (1) (b) and

(2) (b), 940.24 (2) and 940.25 (1) (c) to (e), “unborn child” means

any individual of the human species from fertilization until birth

that is gestating inside a woman.

(2) (a) In this subsection, “induced abortion” means the use

of any instrument, medicine, drug or other substance or device in

a medical procedure with the intent to terminate the pregnancy of

a woman and with an 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.

(b) Sections 940.01 (1) (b), 940.02 (1m), 940.05 (2g) and (2h),

940.06 (2), 940.08 (2), 940.09 (1) (c) to (e) and (1g) (c), (cm), and

(d), 940.10 (2), 940.195, 940.23 (1) (b) and (2) (b), 940.24 (2) and

940.25 (1) (c) to (e) do not apply to any of the following:

1. An act committed during an induced abortion. This subdivision

does not limit the applicability of ss. 940.04, 940.13,

940.15 and 940.16 to an induced abortion.

2. An act that is committed in accordance with the usual and

customary standards of medical practice during diagnostic testing

or therapeutic treatment performed by, or under the supervision

of, a physician licensed under ch. 448.

2h. An act by any health care provider, as defined in s. 155.01

(7), that is in accordance with a pregnant woman’s power of attorney

for health care instrument under ch. 155 or in accordance with

a decision of a health care agent who is acting under a pregnant

woman’s power of attorney for health care instrument under ch.

155.

3. An act by a woman who is pregnant with an unborn child

that results in the death of or great bodily harm, substantial bodily

harm or bodily harm to that unborn child.

4. The prescription, dispensation or administration by any

person lawfully authorized to do so and the use by a woman of any

medicine, drug or device that is used as a method of birth control

or is intended to prevent pregnancy.

(3) When the existence of an exception under sub. (2) has been

placed in issue by the trial evidence, the state must prove beyond

a reasonable doubt that the facts constituting the exception do not

exist in order to sustain a finding of guilt under s. 940.01 (1) (b),

940.02 (1m), 940.05 (2g), 940.06 (2), 940.08 (2), 940.09 (1) (c)

to (e) or (1g) (c), (cm), or (d), 940.10 (2), 940.195, 940.23 (1) (b)

or (2) (b), 940.24 (2) or 940.25 (1) (c) to (e).

 

* * *

 

CHAPTER 940

CRIMES AGAINST LIFE AND BODILY SECURITY

 

* * *

 

940.04 Abortion.    [These provisions are unconstitutional and unenforceable.]

(1) Any person, other than the mother,

who intentionally destroys the life of an unborn child is guilty of

a Class H felony.

(2) Any person, other than the mother, who does either of the

following is guilty of a Class E felony:

(a) Intentionally destroys the life of an unborn quick child; or

(b) Causes the death of the mother by an act done with intent

to destroy the life of an unborn child. It is unnecessary to prove

that the fetus was alive when the act so causing the mother’s death

was committed.

(3) Any pregnant woman who intentionally destroys the life

of her unborn child or who consents to such destruction by another

may be fined not more than $200 or imprisoned not more than 6

months or both.

(4) Any pregnant woman who intentionally destroys the life

of her unborn quick child or who consents to such destruction by

another is guilty of a Class I felony.

(5) This section does not apply to a therapeutic abortion

which:

(a) Is performed by a physician; and

(b) Is necessary, or is advised by 2 other physicians as necessary,

to save the life of the mother; and

(c) Unless an emergency prevents, is performed in a licensed

maternity hospital.

(6) In this section “unborn child” means a human being from

the time of conception until it is born alive.

 

* * *

 

940.13 Abortion exception. No fine or imprisonment may

be imposed or enforced against and no prosecution may be

brought against a woman who obtains an abortion or otherwise

violates any provision of any abortion statute with respect to her

unborn child or fetus, and s. 939.05, 939.30 or 939.31 does not

apply to a woman who obtains an abortion or otherwise violates

any provision of any abortion statute with respect to her unborn

child or fetus.

 

940.15 Abortion. (1) In this section, “viability” means that

stage of fetal development when, in the medical judgment of the

attending physician based on the particular facts of the case before

him or her, there is a reasonable likelihood of sustained survival

of the fetus outside the womb, with or without artificial support.

(2) Whoever intentionally performs an abortion after the fetus

or unborn child reaches viability, as determined by reasonable

medical judgment of the woman’s attending physician, is guilty of

a Class I felony.

(3) Subsection (2) does not apply if the abortion is necessary

to preserve the life or health of the woman, as determined by reasonable

medical judgment of the woman’s attending physician.

(4) Any abortion performed under sub. (3) after viability of

the fetus or unborn child, as determined by reasonable medical

judgment of the woman’s attending physician, shall be performed

in a hospital on an inpatient basis.

(5) Whoever intentionally performs an abortion and who is

not a physician is guilty of a Class I felony.

(6) Any physician who intentionally performs an abortion

under sub. (3) shall use that method of abortion which, of those he

or she knows to be available, is in his or her medical judgment

most likely to preserve the life and health of the fetus or unborn

child. Nothing in this subsection requires a physician performing

an abortion to employ a method of abortion which, in his or her

medical judgment based on the particular facts of the case before

him or her, would increase the risk to the woman. Any physician

violating this subsection is guilty of a Class I felony.

(7) Subsections (2) to (6) and s. 939.05, 939.30 or 939.31 do

not apply to a woman who obtains an abortion that is in violation

of this section or otherwise violates this section with respect to her

unborn child or fetus.

 

940.16 Partial−birth abortion.   [These provisions have been held to be unconstitutional and unenforceable.]

(1) In this section:

(a) “Child” means a human being from the time of fertilization

until it is completely delivered from a pregnant woman.

(b) “Partial−birth abortion” means an abortion in which a person

partially vaginally delivers a living child, causes the death of

the partially delivered child with the intent to kill the child, and

then completes the delivery of the child.

(2) Except as provided in sub. (3), whoever intentionally performs

a partial−birth abortion is guilty of a Class A felony.

(3) Subsection (2) does not apply if the partial−birth abortion

is necessary to save the life of a woman whose life is endangered

by a physical disorder, physical illness or physical injury, including

a life−endangering physical disorder, physical illness or physical

injury caused by or arising from the pregnancy itself, and if no

other medical procedure would suffice for that purpose.

 

* * *

 

CHAPTER 943

CRIMES AGAINST PROPERTY

 

* * *

 

943.145 Criminal trespass to a medical facility. (1) In

this section, “medical facility” means a hospital under s. 50.33 (2)

or a clinic or office that is used by a physician licensed under ch.

448 and that is subject to rules promulgated by the medical

examining board for the clinic or office that are in effect on

November 20, 1985.

(2) Whoever intentionally enters a medical facility without

the consent of some person lawfully upon the premises, under circumstances

tending to create or provoke a breach of the peace, is

guilty of a Class B misdemeanor.

(3) This section does not prohibit any person from participating

in lawful conduct in labor disputes under s. 103.53.

 

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Wisconsin Administrative Code.

 

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Chapter Med 11

ABORTIONS

 

Med 11.01 Authority and purpose. The rules in this

chapter are adopted by the medical examining board pursuant to

the authority delegated by ss. 15.08 (5), 227.11, and 448.40,

Stats., and are for the professional and ethical guidance of the

medical profession.

 

Med 11.02 Abortion defined. For the purposes of this

chapter, abortion means the artificial, intentional disruption or

removal of the implanted blastocyst, embryo, or fetus from the

uterus of a pregnant woman by whatever means.

 

Med 11.03 Practice of medicine and surgery. The

performance of abortions involves medical and surgical procedures

which are governed by ch. 448, Stats., and may be performed

only by physicians duly licensed by the medical examining

board. No physician shall be required to perform an abortion.

 

Med 11.04 First 12 weeks of gestation. (1) If an

abortion is to be performed by a physician during the first 12

weeks of gestation in a facility other than a hospital approved under

subch. II of ch. 50, Stats., in which general surgical procedures

are customarily performed, the physician shall:

(a) Provide preoperative instructions and counseling of the

patient by appropriately trained individuals.

(b) Provide a receiving facility where the patient may be prepared

and may receive necessary preoperative medication and

observation.

(c) Perform and record preoperative history and physical examination;

verify the existence and duration of pregnancy, and

perform appropriate laboratory procedures including, as a minimum,

blood typing, Rh factor determination, hemoglobin determination,

white blood count, and urinalysis.

(d) Provide for prevention of Rh sensitization.

(e) Provide a physical place where the abortion procedure is

carried out, and use techniques and procedures which assure

proper sterility, asepsis, and antisepsis.

(f) Provide for appropriate equipment and appropriately

trained personnel for operative procedures, anesthesia, and resuscitation.

(g) Have arrangements with a hospital approved under

subch. II of ch. 50, Stats., for admission of patients needing hospital

care. Such hospital shall be located sufficiently near the facility

used so that the patient could be transferred to and arrive

at the hospital within 30 minutes of the time when hospitalization

appears necessary.

(h) Provide a recovery facility where the patient can be observed

until she has sufficiently recovered from the procedure

and the anesthesia and can be safely discharged by the physician.

(i) Provide for postoperative instructions and arrangements

for follow–up.

(j) Maintain at the facility adequate permanent records relating

to all such patients covering the above matters.

 

Med 11.05 After 12 weeks gestation.  [This provision is unconstitutional and unenforceable.]

If an abortion is

to be performed after the twelfth week of gestation, except in an

emergency, it must be performed in a hospital approved by the

state under subch. II of ch. 50, Stats., in which general surgical

procedures are customarily performed.

 

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