253.095 Requirements to perform abortions.

266 words·~1 min read·/wi/chapter-253/253-095

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Definition. In this section, “abortion” has the meaning given in s. 253.10

(a).

(2)Admitting privileges required. No physician may perform an abortion, as defined in s. 253.10

(a), unless he or she has admitting privileges in a hospital within 30 miles of the location where the abortion is to be performed.

(3)Penalty. Any person who violates this section shall be required to forfeit not less than $1,000 nor more than $10,000. No penalty may be assessed against the woman upon whom the abortion is performed or induced or attempted to be performed or induced.

(4)Civil remedies.

(a)Any of the following individuals 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 this section:

1. A woman on whom an abortion is performed or attempted.

2. The father of the aborted unborn child or the unborn child that is attempted to be aborted.

3. Any grandparent of the aborted unborn child or the child that is attempted to be aborted.

(b)A person who has been awarded damages under par.

(a)shall, in addition to any damages awarded under par.

(a), be entitled to not less than $1,000 nor more than $10,000 in punitive damages for a violation that satisfies a standard under s. 895.043

(3).

(c)A conviction under sub.

(3)is not a condition precedent to bringing an action, obtaining a judgment, or collecting the judgment under this subsection.