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Bills · 2021-2022 Regular Session

SB 591

Vetoed Official bill text Atom feed

Relating to: informed consent regarding a certain abortion-inducing drug regimen and reporting requirements for induced abortions.

Abortion Drugs Health services department of — Health Hospitals and health care facilities

  1. Introduced, completed
  2. Passes Senate, completed
  3. Passes Assembly, stopped here
  4. Governor signs, not reached
  5. Law, not reached

Unfamiliar terms? Glossary

What this bill does

Plain-language analysis by the nonpartisan Legislative Reference Bureau

This bill requires certain information regarding an abortion-inducing drug

regimen to be provided to a woman that is planning to have an abortion induced by

the abortion-inducing drug regimen. The bill also adds to the information required

to be reported for induced abortions.

Informed consent

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. The bill requires a

physician, as part of the information that must be provided, to inform the woman,

if she is considering or planning to have an abortion induced by an abortion-inducing

drug regimen that includes mifepristone, that the ingestion of the first drug in the

abortion-inducing drug regimen may not result in an immediate abortion and that,

if the woman changes her mind after ingesting the first drug, the woman may be able

to continue the pregnancy but time is of the essence and she should contact a

physician to discuss options or consult the information provided in the materials that

she is required to be given to locate a health care professional that can assist in

counteracting the effects of the drug. The bill requires the Department of Health

Services to include with the written materials that a woman considering an abortion

must be given materials that are designed to inform a woman about the possibilities

of continuing a pregnancy after ingesting an abortion-inducing drug, including

contact information for resources and health care professionals that assist women

in counteracting the effects of the drug and continuing their pregnancies.

Induced abortion reporting

The bill requires a hospital, clinic, or other facility in which an induced abortion

is performed to report additional information in its required annual report to DHS.

Under current law, the report must include, among other pieces of information, for

each patient, the state, and county if Wisconsin, of residence; certain demographic

information; the month and year in which the abortion was performed; the number

of weeks since the patient's last menstrual period; whether the abortion was

chemically or surgically induced or surgically induced following a failed chemical

abortion; any resulting complications; and certain information for abortions of an

unborn child capable of experiencing pain. The bill adds to the information required

in the report the number of previous induced abortions, if any; whether the induced

abortion was paid for by private health coverage, public assistance coverage, or

self-pay; and the reason for the induced abortion as selected from a list of reasons

Sponsors

Introduced by: Ballweg (R) , Bernier (R) , Bradley (R) , Felzkowski (R) , Jagler (R) , Kapenga (R) , LeMahieu (R) , Marklein (R) , Nass (R) , Roth (R) , Stroebel (R) , Testin (R) , Wanggaard (R)

28 cosponsors

Allen (R) , Born and Krug , Callahan (R) , Dittrich (R) , Duchow (R) , Edming (R) , Gundrum (R) , J. Rodriguez (R) , James (R) , Katsma (R) , Knodl (R) , Kurtz (R) , Loudenbeck (R) , Magnafici (R) , Murphy (R) , Penterman (R) , Plumer (R) , Rozar (R) , Schraa (R) , Sortwell (R) , Spiros (R) , Steffen (R) , Summerfield (R) , Thiesfeldt (R) , Tittl (R) , Tusler (R) , Vos (R) , Wittke (R)

Votes

Senate: Report passage recommended by Committee on Health, Ayes 3, Noes 2

Passed 3–2 Oct 14, 2021 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: CONCURRENCE

Passed 55–39 Oct 27, 2021 official source full page

Aye · 55

Nay · 39

Not voting · 3

Full history

  1. Oct 4, 2021 · Senate

    Introduced by Senators Kapenga, Ballweg, Bernier, Bradley, Felzkowski, Jagler, LeMahieu, Marklein, Nass, Roth, Stroebel, Testin and Wanggaard; cosponsored by Representatives Vos, Duchow, Allen, Callahan, Dittrich, Edming, Gundrum, Katsma, Knodl, Loudenbeck, Magnafici, Murphy, Penterman, Plumer, J. Rodriguez, Rozar, Schraa, Sortwell, Spiros, Summerfield, Thiesfeldt, Tittl, Tusler and Wittke

  2. Oct 4, 2021 · Senate

    Read first time and referred to Committee on Health

  3. Oct 5, 2021 · Senate

    Representatives Born and Krug added as cosponsors

  4. Oct 6, 2021 · Senate

    Representative James added as a cosponsor

  5. Oct 12, 2021 · Senate

    Public hearing held

  6. Oct 14, 2021 · Senate

    Executive action taken

  7. Oct 14, 2021 · Senate

    Report passage recommended by Committee on Health, Ayes 3, Noes 2

  8. Oct 14, 2021 · Senate

    Available for scheduling

  9. Oct 15, 2021 · Senate

    Representative Kurtz added as a cosponsor

  10. Oct 19, 2021 · Senate

    Placed on calendar 10-20-2021 pursuant to Senate Rule 18(1)

  11. Oct 20, 2021 · Senate

    Read a second time

  12. Oct 20, 2021 · Senate

    Ordered to a third reading

  13. Oct 20, 2021 · Senate

    Rules suspended

  14. Oct 20, 2021 · Senate

    Read a third time and passed, Ayes 20, Noes 11

  15. Oct 20, 2021 · Senate

    Ordered immediately messaged

  16. Oct 20, 2021 · Assembly

    Received from Senate

  17. Oct 21, 2021 · Assembly

    Read first time and referred to committee on Rules

  18. Oct 21, 2021 · Assembly

    Placed on calendar 10-27-2021 by Committee on Rules

  19. Oct 26, 2021 · Assembly

    Representative Steffen added as a cosponsor

  20. Oct 27, 2021 · Assembly

    Rules suspended to withdraw from calendar and take up

  21. Oct 27, 2021 · Assembly

    Read a second time

  22. Oct 27, 2021 · Assembly

    Ordered to a third reading

  23. Oct 27, 2021 · Assembly

    Rules suspended

  24. Oct 27, 2021 · Assembly

    Read a third time and concurred in, Ayes 55, Noes 39, Paired 2

  25. Oct 27, 2021 · Assembly

    Ordered immediately messaged

  26. Oct 27, 2021 · Senate

    Received from Assembly concurred in

  27. Nov 2, 2021 · Senate

    Report correctly enrolled

  28. Dec 2, 2021 · Senate

    Presented to the Governor on 12-2-2021

  29. Dec 6, 2021 · Senate

    Report vetoed by the Governor on 12-3-2021

  30. May 17, 2022 · Senate

    Placed on calendar 5-17-2022 pursuant to Joint Rule 82 (2)(a)

  31. May 17, 2022 · Senate

    Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82