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Wisconsin Legislature: AB589: Bill Text
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AB589: Bill Text
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2025 - 2026 LEGISLATURE
LRB-4997/1
SWB&JPC:cdc
2025 ASSEMBLY BILL 589
October 24, 2025 - Introduced by Representatives
Subeck
,
Andraca
,
Bare
,
Brown
,
Clancy
,
DeSanto
,
DeSmidt
,
Hong
,
Fitzgerald
,
Joers
,
Johnson
,
Mayadev
,
Miresse
,
Moore Omokunde
,
Palmeri
,
Roe
,
Sinicki
,
Snodgrass
,
Stroud
,
Stubbs
and
Neubauer
, cosponsored by Senators
Roys
,
Dassler-Alfheim
,
Hesselbein
,
L. Johnson
,
Keyeski
,
Larson
,
Ratcliff
,
Pfaff
,
Smith
,
Spreitzer
and
Wall
. Referred to Committee on Health, Aging and Long-Term Care.
AB589,1,4
1
An Act
to repeal
46.245, 253.095, 253.10, 253.105, 441.07 (1g) (f), 457.26 (2)
2
(gm) and 940.15 (5);
to amend
48.375 (4) (a) 1., 69.186 (1) (hf), 69.186 (1) (k),
3
253.107 (1) (b) and 448.02 (3) (a);
to repeal and recreate
448.02 (3) (a) of the
4
statutes;
relating to:
elimination of certain abortion-related regulations.
Analysis by the Legislative Reference Bureau
This bill repeals various abortion-related laws, including the prohibition on giving a woman an abortion-inducing drug unless the physician who provided the drug for the woman performs a physical exam on the woman and is physically present in the room when the drug is given to the woman. The bill also eliminates the prohibition on performing abortions by a physician that does not have admitting privileges in a hospital within 30 miles of the location where the abortion is to be performed. This statute was previously held to be unenforceable by the U.S. Court of Appeals for the 7th Circuit in
Planned Parenthood of Wis., Inc. v. Schimel
, 806 F.3d 908 (7th Cir. 2015), which affirmed a permanent injunction granted by the U.S. District Court for the Western District of Wisconsin.
The bill does not change standard informed consent requirements applicable to all medical procedures, including abortion, but removes additional requirements specific to the performance of an abortion that exceed those standard informed consent requirements. Current law requires that these additional requirements must be met in order for a woman upon whom an abortion is to be performed or induced to give voluntary and informed consent to an abortion. Except in a medical emergency, under current law, a woman’s consent to an abortion is considered informed only if, with certain exceptions, 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. The bill repeals these requirements.
Under current law, whoever intentionally performs an abortion and who is not a physician is guilty of a felony and subject to a fine of up to $10,000 or imprisonment of up to three years and six months, or both. The bill eliminates that prohibition. The bill does not affect any other criminal prohibition or limitation on abortion in current law, such as the general prohibition on performing an abortion after the fetus or unborn child has reached viability, or any other homicide prohibition. The bill also does not affect a separate provision in current law that prohibits prosecution of and imposing or enforcing a fine or imprisonment against a woman who obtains an abortion or otherwise violates any abortion law with respect to her unborn child or fetus.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB589,1
1
Section
1
.
46.245 of the statutes is repealed.
AB589,2
2
Section
2
.
48.375 (4) (a) 1. of the statutes is amended to read:
AB589,2,12
3
48.375
(4)
(a) 1. The person or the person’s agent has, either directly or
4
through a referring physician or his or her agent, received and made part of the
5
minor’s medical record
, under the requirements of s. 253.10,
the voluntary and
6
informed written consent of the minor and the voluntary and informed written
7
consent of one of her parents; or of the minor’s guardian or legal custodian, if one
8
has been appointed; or of an adult family member of the minor; or of one of the
9
minor’s foster parents, if the minor has been placed in a foster home and the
10
minor’s parent has signed a waiver granting the department, a county department,
11
or the foster parent the authority to consent to medical services or treatment on
12
behalf of the minor.
AB589,3
13
Section
3
.
69.186 (1) (hf) of the statutes is amended to read:
AB589,3,5
1
69.186
(1)
(hf) The probable postfertilization age of the unborn child, as
2
defined in s. 253.107 (1) (c), and whether an ultrasound was used to assist in
3
making the determination of postfertilization age of the unborn child, or, if the
4
probable postfertilization age of the unborn child was not determined, the nature of
5
the medical emergency, as defined in s.
253.10 (2) (d)
253.107 (1) (b)
.
AB589,4
6
Section
4
.
69.186 (1) (k) of the statutes is amended to read:
AB589,3,9
7
69.186
(1)
(k) If the unborn child is considered to be capable of experiencing
8
pain under s. 253.107 (3) (a), the nature of the medical emergency, as defined in s.
9
253.10 (2) (d)
253.107 (1) (b)
, that the pregnant woman had.
AB589,5
10
Section
5
.
253.095 of the statutes is repealed.
AB589,6
11
Section
6
.
253.10 of the statutes is repealed.
AB589,7
12
Section
7
.
253.105 of the statutes is repealed.
AB589,8
13
Section
8
.
253.107 (1) (b) of the statutes is amended to read:
AB589,3,16
14
253.107
(1)
(b) “Medical emergency”
has the meaning given in s. 253.10 (2) (d)
15
means a condition, in a physician’s reasonable medical judgment, that makes an
16
abortion necessary
.
AB589,9
17
Section
9
.
441.07 (1g) (f) of the statutes is repealed.
AB589,10
18
Section
10
.
448.02 (3) (a) of the statutes is amended to read:
AB589,4,13
19
448.02
(3)
(a) The board shall investigate allegations of unprofessional
20
conduct and negligence in treatment by persons holding a license or certificate
21
granted by the board. An allegation that a physician has violated s.
253.10 (3),
22
448.30 or 450.13 (2) or has failed to mail or present a medical certification required
23
under s. 69.18 (2) within 21 days after the pronouncement of death of the person
24
who is the subject of the required certificate or that a physician has failed at least 6
1
times within a 6-month period to mail or present a medical certificate required
2
under s. 69.18 (2) within 6 days after the pronouncement of death of the person who
3
is the subject of the required certificate is an allegation of unprofessional conduct.
4
Information contained in reports filed with the board under s. 49.45 (2) (a) 12r.,
5
50.36 (3) (b), 609.17 or 632.715, or under
42 CFR 1001.200
5, shall be investigated
6
by the board. Information contained in a report filed with the board under s.
7
655.045 (1), as created by
1985 Wisconsin Act 2
9, which is not a finding of
8
negligence or in a report filed with the board under s. 50.36 (3) (c) may, within the
9
discretion of the board, be used as the basis of an investigation of a person named in
10
the report. The board may require a person holding a license or certificate to
11
undergo and may consider the results of one or more physical, mental or
12
professional competency examinations if the board believes that the results of any
13
such examinations may be useful to the board in conducting its investigation.
AB589,11
14
Section
11
.
448.02 (3) (a) of the statutes, as affected by
2023 Wisconsin Act
15
172
, section
4
, and 2025 Wisconsin Act .... (this act), is repealed and recreated to
16
read:
AB589,5,11
17
448.02
(3)
(a) The board shall investigate allegations of unprofessional
18
conduct and negligence in treatment by persons holding a license or certificate
19
granted by the board. An allegation that a physician has violated s. 448.30 or
20
450.13 (2) or has failed to present a medical certification required under s. 69.18 (2)
21
within 21 days after the pronouncement of death of the person who is the subject of
22
the required certificate or that a physician has failed at least 6 times within a 6-
23
month period to present a medical certificate required under s. 69.18 (2) within 6
24
days after the pronouncement of death of the person who is the subject of the
1
required certificate is an allegation of unprofessional conduct. Information
2
contained in reports filed with the board under s. 49.45 (2) (a) 12r., 50.36 (3) (b),
3
609.17, or 632.715, or under
42 CFR 1001.200
5, shall be investigated by the board.
4
Information contained in a report filed with the board under s. 655.045 (1), as
5
created by
1985 Wisconsin Act 2
9, which is not a finding of negligence or in a report
6
filed with the board under s. 50.36 (3) (c) may, within the discretion of the board, be
7
used as the basis of an investigation of a person named in the report. The board
8
may require a person holding a license or certificate to undergo and may consider
9
the results of one or more physical, mental or professional competency
10
examinations if the board believes that the results of any such examinations may be
11
useful to the board in conducting its investigation.
AB589,12
12
Section
12
.
457.26 (2) (gm) of the statutes is repealed.
AB589,13
13
Section
13
.
940.15 (5) of the statutes is repealed.
AB589,14
14
Section
14
. Nonstatutory provisions.
AB589,5,17
15
(
1
)
Reference changes.
Wherever a reference to s. 253.10 (2) (a) appears in
16
the statutes, the legislative reference bureau shall substitute a reference to s. 69.01
17
(13m), as it defines the term “induced abortion.”
AB589,15
18
Section
15
. Effective dates.
This act takes effect on the day after
19
publication, except as follows:
AB589,5,20
20
(
1
)
The repeal and recreation of s. 448.02 (3) (a) takes effect on March 1, 2026.
AB589,5,21
21
(end)
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