wi_sb179.txt

 This bill prohibits the performance of an abortion, except in a medical
emergency, unless the physician performing or inducing the abortion has made a
determination of the probable postfertilization age of the unborn child or has relied
upon another physician's determination of postfertilization age. The bill prohibits
any person from performing or inducing, or attempting to perform or induce, an
abortion when the unborn child is considered to be capable of experiencing pain,
unless the woman is undergoing a medical emergency. Under the bill, the unborn
child is capable of experiencing pain if the probable postfertilization age of the
unborn child is 20 or more weeks. When the unborn child is considered capable of
experiencing pain and the pregnant woman is undergoing a medical emergency, the
bill requires the physician to terminate the pregnancy in the manner that, in
reasonable medical judgment, provides the best opportunity for the unborn child to
survive. The bill allows the woman on whom the abortion was performed or
attempted, and the father of the unborn child, unless the pregnancy is the result of
sexual assault or incest, to bring a claim for damages against a person who violates
these limitations and requirements. A prosecuting attorney may also bring an action
for injunctive relief for intentional or reckless violations of the limitations and
requirements. Any person who violates the prohibition against performing,
inducing, or attempting to perform or induce an abortion when the unborn child is
capable of experiencing pain is guilty of a felony subject to a fine not to exceed
$10,000, imprisonment not to exceed three years and six months, or both.
Under current law, annually, each hospital, clinic, or other facility in which an
induced abortion is performed must file with DHS a report for each induced abortion
performed in the calendar year. The report must contain for each patient the state,
and county if Wisconsin, of residence; patient number; race; age; marital status;
month and year in which the abortion was performed; education; number of weeks
since patient's last menstrual period; whether the abortion was chemically or
surgically induced or surgically induced following a failed chemical abortion; and
any resulting complications. If the patient is a minor, the report must contain
whether consent for the abortion was provided and by whom; and, if consent was not
provided, on which basis the abortion was performed. Under current law, DHS is
required to collect the reported information in a manner that ensures anonymity of
the patient who obtained the abortion, the health care provider who performed the
abortion, and the facility in which the abortion was performed. Under current law,
DHS is required to publish annual demographic summaries of the reported
information except what reveals the identity of a patient, provider, or facility.
The bill requires the hospital, clinic, or other facility to report the probable
postfertilization age of the unborn child and whether ultrasound was used to assist
in that determination of postfertilization age; or, if the probable postfertilization age
of the unborn child was not determined, the nature of the medical emergency. If the
unborn child is considered capable of experiencing pain, the bill requires reporting
of the nature of the pregnant woman's medical emergency and a statement of
whether the method of abortion used was one that provided the best opportunity for
the unborn child's survival.
Under current law, a woman upon whom an abortion is to be performed or
induced must give voluntary and informed written consent to an abortion. Except
in a medical emergency, a woman's consent to an abortion is considered informed
only if, at least 24 hours before the abortion is performed or induced, the physician
or an assistant has, in person, orally provided the woman with certain information
and given to the woman certain written materials. If the pregnancy is the result of
sexual assault or incest, the 24-hour period, but not the provision of information,
may be waived or reduced under certain circumstances. In addition to the current
requirement to inform the woman, orally and in writing, of the probable gestational
age, the bill requires that the woman be informed, orally and in writing, of the
probable postfertilization age of the unborn child and the numerical odds of survival
for an unborn child delivered at that probable postfertilization age. The bill also
requires that the woman be orally informed of and provided written materials on the
availability of perinatal hospice.