Bills · 2021-2022 Regular Session
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
- Introduced, completed
- Passes Senate, completed
- Passes Assembly, stopped here
- Governor signs, not reached
- 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 pageNo individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.
Aye · 20
- Alberta Darling (8)
- Chris Kapenga (33)
- Dale Kooyenga (5)
- Dan Feyen (20)
- Devin LeMahieu (9)
- Duey Stroebel (20)
- Eric Wimberger (2)
- Howard Marklein (17)
- Jerry Petrowski (29)
- Joan Ballweg (14)
- John Jagler (13)
- Julian Bradley (28)
- Kathleen Bernier (23)
- Mary Felzkowski (12)
- Patrick Testin (24)
- Rob Cowles (2)
- Rob Stafsholt (10)
- Roger Roth (19)
- Steve Nass (11)
- Van Wanggaard (21)
Nay · 11
- Bob Wirch (22)
- Brad Pfaff (32)
- Chris Larson (7)
- Janet Bewley (25)
- Janis Ringhand (15)
- Jeff Smith (31)
- Jon Erpenbach (27)
- Kelda Roys (26)
- Lena Taylor (4)
- Melissa Agard (16)
- Tim Carpenter (3)
Not voting · 2
- André Jacque (1)
- LaTonya Johnson (6)
Aye · 55
- Adam Neylon (15)
- Alex Dallman (39)
- Amy Loudenbeck (31)
- Barbara Dittrich (99)
- Bob Wittke (63)
- Calvin Callahan (35)
- Cindi Duchow (97)
- Clint Moses (92)
- Dan Knodl (24)
- Dave Armstrong (67)
- Dave Murphy (56)
- David Steffen (4)
- Donna Rozar (69)
- Elijah Behnke (6)
- Gae Magnafici (28)
- James Edming (87)
- Janel Brandtjen (22)
- Jeff Mursau (36)
- Jeremy Thiesfeldt (52)
- Jesse James (23)
- Jessie Rodriguez (21)
- Jim Steineke (5)
- Joel Kitchens (1)
- John Macco (88)
- John Spiros (86)
- Jon Plumer (42)
- Ken Skowronski (82)
- Kevin Petersen (57)
- Loren Oldenburg (96)
- Mark Born (37)
- Michael Schraa (53)
- Mike Kuglitsch (84)
- Nancy VanderMeer (70)
- Pat Snyder (85)
- Paul Tittl (25)
- Rachael Cabral-Guevara (19)
- Rick Gundrum (58)
- Rob Brooks (59)
- Rob Summerfield (68)
- Rob Swearingen (34)
- Robin Vos (33)
- Ron Tusler (3)
- Samantha Kerkman (61)
- Scott Allen (82)
- Scott Krug (72)
- Shae Sortwell (2)
- Shannon Zimmerman (30)
- Terry Katsma (26)
- Todd Novak (51)
- Tony Kurtz (41)
- Travis Tranel (49)
- Treig Pronschinske (29)
- Tyler August (31)
- Tyler Vorpagel (27)
- Will Penterman (38)
Nay · 39
- Beth Meyers (74)
- Christine Sinicki (20)
- Chuck Wichgers (84)
- Dave Considine (81)
- David Bowen (10)
- Deb Andraca (23)
- Dianne Hesselbein (27)
- Don Vruwink (43)
- Dora Drake (4)
- Evan Goyke (18)
- Francesca Hong (76)
- Gary Hebl (46)
- Gordon Hintz (54)
- Greta Neubauer (66)
- Jill Billings (95)
- Jimmy Anderson (47)
- Jodi Emerson (91)
- Jonathan Brostoff (19)
- Kalan Haywood (16)
- Katrina Shankland (71)
- Kristina Shelton (90)
- LaKeshia Myers (12)
- Lee Snodgrass (52)
- Lisa Subeck (79)
- Marisabel Cabrera (9)
- Mark Spreitzer (15)
- Nick Milroy (73)
- Robyn Vining (13)
- Samba Baldeh (48)
- Sara Rodriguez (13)
- Shelia Stubbs (78)
- Sondy Pope (80)
- Steve Doyle (94)
- Sue Conley (44)
- Supreme Moore Omokunde (17)
- Sylvia Ortiz-Velez (8)
- Timothy Ramthun (59)
- Tip McGuire (64)
- Tod Ohnstad (65)
Not voting · 3
- Cody Horlacher (33)
- Gary Tauchen (6)
- Joe Sanfelippo (15)
Full history
- 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
- Oct 4, 2021 · Senate
Read first time and referred to Committee on Health
- Oct 5, 2021 · Senate
- Oct 6, 2021 · Senate
Representative James added as a cosponsor
- Oct 12, 2021 · Senate
Public hearing held
- Oct 14, 2021 · Senate
Executive action taken
- Oct 14, 2021 · Senate
Report passage recommended by Committee on Health, Ayes 3, Noes 2
- Oct 14, 2021 · Senate
Available for scheduling
- Oct 15, 2021 · Senate
Representative Kurtz added as a cosponsor
- Oct 19, 2021 · Senate
Placed on calendar 10-20-2021 pursuant to Senate Rule 18(1)
- Oct 20, 2021 · Senate
Read a second time
- Oct 20, 2021 · Senate
Ordered to a third reading
- Oct 20, 2021 · Senate
Rules suspended
- Oct 20, 2021 · Senate
Read a third time and passed, Ayes 20, Noes 11
- Oct 20, 2021 · Senate
Ordered immediately messaged
- Oct 20, 2021 · Assembly
Received from Senate
- Oct 21, 2021 · Assembly
Read first time and referred to committee on Rules
- Oct 21, 2021 · Assembly
Placed on calendar 10-27-2021 by Committee on Rules
- Oct 26, 2021 · Assembly
Representative Steffen added as a cosponsor
- Oct 27, 2021 · Assembly
Rules suspended to withdraw from calendar and take up
- Oct 27, 2021 · Assembly
Read a second time
- Oct 27, 2021 · Assembly
Ordered to a third reading
- Oct 27, 2021 · Assembly
Rules suspended
- Oct 27, 2021 · Assembly
Read a third time and concurred in, Ayes 55, Noes 39, Paired 2
- Oct 27, 2021 · Assembly
Ordered immediately messaged
- Oct 27, 2021 · Senate
Received from Assembly concurred in
- Nov 2, 2021 · Senate
Report correctly enrolled
- Dec 2, 2021 · Senate
Presented to the Governor on 12-2-2021
- Dec 6, 2021 · Senate
Report vetoed by the Governor on 12-3-2021
- May 17, 2022 · Senate
Placed on calendar 5-17-2022 pursuant to Joint Rule 82 (2)(a)
- May 17, 2022 · Senate
Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82