February 1, 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. Referred to Committee on Government
Operations, Legal Review and Consumer Protection.

This bill prohibits, except when a medical emergency exists, any person from
performing or inducing an abortion, or attempting 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. The person, in attempting to detect the heartbeat, must
use the most effective means of detecting the heartbeat based on the probable
postfertilization age of the unborn child and condition of the woman and her
pregnancy. The physician who makes or relies on a determination of whether the
unborn child has a detectable fetal heartbeat must record the probable
postfertilization age, the method of determining that age or the medical emergency
that resulted in no determination of postfertilization age, the means used to detect
the fetal heartbeat, and the date, time, and results of the use of the means to detect
the heartbeat in the woman's medical record. The bill also prohibits any person from
performing, inducing, or attempting to perform or induce an abortion on a woman
if a fetal heartbeat is detected except when a medical emergency exists. Under the
bill, an allegation that a physician 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.

Under the bill, a “medical emergency” means a condition that so complicates the
medical condition of a pregnant woman as to necessitate immediate medical
intervention to avert her death or for which a delay will create serious risk of
substantial and irreversible physical impairment of one or more of the woman's
major bodily functions. A physician who performs a medical intervention designed
or intended to prevent the death of a pregnant woman is considered not to have
violated the bill's requirements, except that the physician is required to 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.

A woman upon whom an abortion is performed or induced or attempted to be
performed or induced may bring a claim for damages, including damages for personal
injury and emotional and psychological distress, against a person who performs, or
attempts to perform, an abortion in violation of the bill's prohibitions. Additionally,
the father, grandparent, or family member, as specified in the bill, of the unborn child
or any other person may bring a claim for damages. A person who prevails in an
action must recover no less than $10,000 for each abortion performed or induced or
attempted to be performed or induced in violation of the bill.

Under current law, before a person may perform or induce an abortion on a
pregnant woman, an ultrasound must be performed. During the ultrasound, a
person is required to perform certain actions, including providing a simultaneous
oral explanation to the pregnant woman of what the ultrasound is depicting and
providing a means for the pregnant woman to visualize any fetal heartbeat detected.
This bill specifies that the person performing the ultrasound must include in the oral
explanation whether or not a fetal heartbeat is detected. The bill requires the person
qualified to perform the ultrasound to perform or arrange for another person to
perform a method to detect and, if detected, listen to the fetal heartbeat. If the
heartbeat is detected, the heartbeat must be made audible for the pregnant woman.
The bill also requires that the woman be told, as part of the current informed consent
requirements, of the requirement to detect a heartbeat and that the heartbeat be
made audible for the woman if detected.