AB 237

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