SB 923 — Relating to: detection of and abortion after detection of a fetal heartbeat and providing a penalty.

Bill Text

• Bill Text View text Current pdf

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill adds requirements regarding the detection of a fetal heartbeat before performing an abortion and establishes penalties for violations of those requirements.

• 253.10 (3) (c) 1. gr.

  That the pregnant woman is required to undergo a method to detect a fetal heartbeat and that, if detected, the heartbeat will be made audible for the woman.

  Creates a new requirement for women to undergo a method to detect a fetal heartbeat, with the heartbeat being made audible if detected.

• 253.10 (3) (c) 5.

  unless a medical emergency exists, a determination of whether or not a fetal heartbeat is detectable has been made and, if a heartbeat is detected, that she has been given the opportunity to listen to the heartbeat → unless a medical emergency exists, a determination of whether or not a fetal heartbeat is detectable has been made and, if a heartbeat is detected, that she has been given the opportunity to listen to the heartbeat.

  Clarifies the requirement for certification prior to an abortion concerning the detection of the fetal heartbeat.

• 253.10 (3g) (a) 5.

  provide a means for the pregnant woman to visualize any fetal heartbeat, if a heartbeat is detectable by the ultrasound transducer type chosen by the woman → provide a means for the pregnant woman to visualize any fetal heartbeat, if a heartbeat is detectable by the ultrasound transducer type chosen by the woman under subd. 1., and provide to the pregnant woman, in a manner understandable to a layperson, a simultaneous oral explanation, including a determination of whether a fetal heartbeat is detected.

  Amends the requirements for ultrasound procedures to include specific information about detecting and explaining the fetal heartbeat.

• 253.108

  Abortions when fetal heartbeat detected. (1) DEFINITIONS. (a) “Abortion" has the meaning given in s. 253.10 (2) (a). (b) “Medical emergency" means a condition, in a physician's reasonable medical judgment, that so complicates the medical condition of a pregnant woman as to necessitate immediate medical intervention to avert her death or for which a 24-hour delay will create serious risk of substantial and irreversible physical impairment of one or more of the woman's major bodily functions. “Medical emergency” does not include a psychological or emotional condition or any condition based on a claim or diagnosis that the woman will engage in conduct that she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function. (2) DETECTION OF FETAL HEARTBEAT REQUIRED. (a) Except when a medical emergency exists, no person may perform or induce an abortion, or attempt to perform or induce an abortion, unless the person performing or inducing the abortion has first determined, or has relied on a determination made as to, whether the woman's unborn child has a detectable fetal heartbeat. (3) PROHIBITING ABORTION OF UNBORN CHILD WITH DETECTABLE HEARTBEAT. Except when a medical emergency exists, no person may perform or induce or attempt to perform or induce an abortion on a woman if a fetal heartbeat is detected under sub. (2) for the unborn child. (4) MEDICAL EMERGENCIES. No physician who performs a medical intervention designed or intended to prevent the death of a pregnant woman is considered to have violated sub. (2) or (3), except that the physician shall make reasonable medical efforts under the circumstances to preserve both the life of the woman and the life of the unborn child in a manner consistent with conventional medical practice. (5) PENALTY. No penalty may be assessed against a woman upon whom an abortion is performed or induced or attempted to be performed or induced.

  Establishes regulations for performing abortions when a fetal heartbeat is detected, including penalties for violations.

• 448.02 (3) (a)

  An allegation that a physician has violated either prohibition in the bill is considered an allegation of unprofessional conduct, and the Medical Examining Board is required to investigate allegations of unprofessional conduct.

  Specifies that violations of the new heartbeat detection law are classified as unprofessional conduct, subject to investigation.

Action History

1. March 15, 2022

   Failed to pass pursuant to Senate Joint Resolution 1

2. February 11, 2022

   Available for scheduling

3. February 11, 2022

   Report passage recommended by Committee on Government Operations, Legal Review and Consumer Protection, Ayes 3, Noes 2

4. February 11, 2022

   Executive action taken

5. February 11, 2022

   Representative Behnke added as a cosponsor

6. February 10, 2022

   Representative Cabral-Guevara added as a cosponsor

7. February 08, 2022

   Public hearing held

8. February 03, 2022

   Representative Murphy added as a cosponsor

9. February 02, 2022

   Representative Vorpagel added as a cosponsor

10. February 01, 2022

    Read first time and referred to Committee on Government Operations, Legal Review and Consumer Protection

11. February 01, 2022

    Introduced by Senators Bradley, Kapenga, Ballweg, Bernier, Felzkowski, Roth, Stroebel, Testin and Wanggaard; cosponsored by Representatives Rozar, Callahan, Allen, Dittrich, Edming, Gundrum, James, Knodl, Magnafici, Penterman, Petersen, Ramthun, Schraa, Skowronski and Thiesfeldt

Sponsors

• Van Wanggaard · Primary
• Patrick Testin · Primary
• Stroebel · Primary
• Roth · Primary
• Mary Felzkowski · Primary
• Bernier · Primary
• Ballweg · Primary
• Chris Kapenga · Primary
• Julian Bradley · Primary

Votes

Subjects