Current Law

Wis. Stat § 253.10

Coercion Bill

AB 427/SB 218

 

Regarding Voluntary Consent

 

Requires that no abortion is performed in WI unless “voluntary consent,” defined as consent without coercion, has been obtained by the physician.  253.10(3)(b)

 

 

Requires the physician performing the abortion “shall determine whether or not the woman’s consent is, in fact, voluntary.”  Bill doesn’t define what physician needs to do to make determination nor adopt “best reasonable medical judgment standard” used elsewhere in the statute.

 

Requires physicians to orally inform a patient that she may withdraw her consent at anytime.  253.10(c)(1)k

 

 

The woman has the right to refuse consent.

 

24 hours prior to obtaining an abortion in Wisconsin, the patient must meet with the physician and listen to of the above information and more.  Current law then requires the patient to certify in writing that such information has been provided to her including that the physician has fully explained to her what informed and voluntary consent means.  Wis. Stat. § 253.10(c)(5)

 

 

Regarding Victim Services

 

Requires that the physician orally inform the patient that she can obtain counseling services and support if she is a victim of sexual assault or incest.  253.10(c)(2)f.

 

 

If physician has reason to suspect the woman is in physical danger by anyone who may be coercing her, he/she shall inform the woman of domestic abuse services available.

 

Mandates that all information provided to the patient be done so confidentially and tailored to her individual circumstances.  253.10(c)(2)f3

 

 

The physician shall provide the woman with access to a private phone to call for assistance.

Regarding DHFS Materials

 

DHFS is required to provide materials to women considering abortion in Wisconsin.  Wis. Stat. § 253.10(3). 

 

 

Mandates that materials include information on domestic abuse services.

DHFS has prepared a “Directory of Services” publication listing of support services in each county for issues like adoption, caring for children with disabilities, sexual assault and victims’ assistance.  Also included are statewide support services like the Wisconsin Victim Resource Center and toll-free numbers.  The physician is required to verbally offer the patient, free of charge, these publications.  Wis. Stat. § 253.10(3)(c)2d