FACT SHEET

Abortion Coercion Act (AB 427)

Background

Wisconsin's current "informed and voluntary" consent law details (in 19 paragraphs) exactly what a woman must be told prior to an abortion and the extensive materials she must receive about options and resources available to her. There is no other area of law with such specific verbal and written dictates with which health care professionals must comply or be subjected to civil lawsuits and penalties.

Current Wisconsin Law Already Requires that Women Not be Coerced into Having an Abortion

o Current law demands that physicians must obtain a woman's "voluntary consent" prior to an abortion, which is defined as "freely given and without coercion from any person" (Wis. Stat. Sec. 253.10 (3)(b)). If a physician fails to obtain voluntary consent, he or she is currently subject to penalties under the law (Wis. Stat. Sec. 253.10 (3)(d)).

o Current law already requires that women be told detailed information 24 hours before an abortion as set forth in 19 paragraphs in Wisconsin law (Wis. Stat. Sec. 253.10 (3)(c) 1.). This information includes, but is not limited to, that:

o she has the legal right to continue her pregnancy;

o she has the right to withdraw her consent anytime before the abortion is performed or induced;

o she can obtain counseling services and support if she is a victim of sexual assault or incest (Wis. Stat. Sec. 253.10(c)(2)f.);

o she may be eligible for medical benefits if she chooses to continue her pregnancy and that the father is liable for support.

o Under current law, DHFS printed materials must be physically given to women by the physician (Wis. Stat. Sec. 253.10 (3)(c)2). Included in those materials is a clear statement 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 women's voluntary and informed consent is liable to her for damages in a civil action and is subject to a civil penalty" (Wis. Stat. Sec. 253.10 (3)d).

o Each woman must also be given geographically indexed materials designed to provide her with a comprehensive list of services that may be available to her, including governmental funding programs serving pregnant women and children, medical assistance, child care, the availability of family and medical leave, information about the Wisconsin works program, and many other available services.

o This required information "must be provided to the woman in an individual setting that protects her privacy, maintains the confidentiality of her decision. . ." (Wis. Stat. 253.10 (3)(c)3). This provision, however, "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."

AB 427 is an Abuse of Time and a Waste of Taxpayer Money

o This bill reiterates current law which forbids performing an abortion on a woman who has been coerced and provides women with detailed information regarding their right to make this decision.

o There have been no incidents of any Wisconsin woman alleging that our current law has been violated and she was coerced into having an abortion. At the Assembly hearing on this bill, not one of the women who testified indicated that the bill would have changed her decision to have an abortion.

o It is a mystery why the Assembly majority wastes time debating a bill that does nothing but restate current informed consent law for abortions. We should be focusing on making sure birth control is accessible to women so they aren't faced with an unintended pregnancy. But Republican leadership has not even scheduled the Compassionate Care for Rape victims bill that let’s rape victims get information and access to birth control in hospital emergency rooms after a rape!

If the Majority is Truly Concerned about the Victims of Domestic Abuse and Coercive Relationships in Wisconsin, it Should Schedule a Vote on the Compassionate Care for Rape Victims Bill.

o Where are the Assembly's priorities when it comes to rape victims? Why is it appropriate for the state to direct a higher level of informed consent for women who are contemplating an abortion than for women who have traumatized by rape? Shouldn’t traumatized rape victims receive information about pregnancy prevention and birth control to prevent pregnancy?

o The CCRV bill has broad bipartisan support and is championed by dozens of health care, advocacy, law enforcement agencies statewide.

o The CCRV bill, unlike AB 427, does not script physicians with state directed materials. Rather, it requires hospitals to ensure that rape victims receive the American Medical Association’s standard of care in emergency rooms (only 1/3 of WI emergency rooms currently meet that standard of care).

The Medical Community Opposes the Bill

o The Wisconsin Academy of Family Physicians, the Wisconsin Association of Local Health Departments and Boards and the Wisconsin Public Health Association all oppose the bill.

o This bill is unworkable and doesn't provide any guidance to the physician.

o Though the amendment to the bill requires the physician to make the coercion determination by directly speaking with the women, it provides no standard for the physician in making the determination (i.e., is the determination ultimately based on the physician's reasonable medical judgment? How certain does the physician have to be that the woman is not being coerced? What if he or she is 95% certain? Is that enough?).

This information was compiled by Planned Parenthood Advocates of Wisconsin.  For more information about legislation related to reproductive health, or to join our action alert network, log onto http://www.ppawi.org