WISCONSIN.
* * *
CHAPTER
20
APPROPRIATIONS AND BUDGET MANAGEMENT
* * *
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.
CHAPTER
40
PUBLIC EMPLOYEE TRUST FUND
* * *
SUBCHAPTER X
PRIVATE EMPLOYER HEALTH
CARE COVERAGE
NOTE:
This subchapter is repealed eff. 1−1−10 by 1999
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.
* * *
(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
program shall be known as the “Private Employer Health
Care
Purchasing
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.
* * *
(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.
* * *
CHAPTER
46
SOCIAL SERVICES
* * *
lt familymember, 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.
* * *
CHAPTER
48
CHILDREN’S CODE
* * *
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.
* * *
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.
* * *
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
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
v.
Casey, 112
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 pe rform 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
939
(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
(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.
* * *
-----------------------------------------------------------
* * *
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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