Madison — An abortion clinic in Appleton — one of four in the state — could shut down under a bill likely coming before the Senate on Tuesday that requires an ultrasound before every abortion and mandates admitting privileges for abortion clinics at nearby hospitals.
The bill is one several abortion measures moving quickly through the state Legislature this week.
On Thursday, the state Assembly is expected to take up bills to ban use of taxpayer money to cover abortion in public employees' health insurance and outlaw abortions meant to choose the sex of a fetus. It might also vote on the Senate bill if it clears that house in time.
"This (Senate) bill would create unnecessary hospital admitting privilege requirements for physicians who perform abortions as a tactic to end abortions," said Teri Huyck, president and CEO of Planned Parenthood of Wisconsin in a statement. "(The bill) will jeopardize women's health immediately by forcing the end of abortion services for women in Appleton," Huyck said.
Such a provision doesn't help patient safety, she said. Currently, the abortion clinic calls for an ambulance from a nearby hospital if there are complications.
Sen. Mary Lazich (R-New Berlin), co-sponsor of the bill, said the proposal will ensure patient safety and ensure women don't regret their decision to have an abortion.
"For health care facilities it is my understanding that physicians routinely have admitting privileges at hospitals," Lazich said. "We want all women protected in the event of an emergency."
Party-line vote
Three of the four abortion clinics in Wisconsin are operated by Planned Parenthood. Monday, the bill requiring clinics to have admitting privileges at a hospital within 30 miles was approved by the Senate's Health and Human Services Committee on a party-line 3-2 vote with Republicans in the majority. Clinics operate in Madison, Appleton and Milwaukee, which is home to two.
The bill would go into effect days or weeks after it was signed. Planned Parenthood's Nicole Safar said applying for admitting privileges could take months and wouldn't happen before the bill takes effect.
"If this bill passes in the time frame they are proposing, we are closing the doors," Safar said. Reopening a health clinic is difficult, she said. "That is one reason why the consequences of this bill are so dire," she said.
Admitting privilege requirements have threatened to shutter abortion clinics in other states. In Mississippi, for example, the state's only abortion clinic may have to close because of a law similar to what is being proposed in Wisconsin.
A job ad in large bold type is featured on the Jackson (Miss.) Women's Health Organization's website asking for physicians with admitting privileges to apply. In September, the clinic applied to about seven nearby hospitals but was rejected by all of them.
"The law is unfair, it was done just to close us down," said Betty Thompson, who is a counselor at the clinic. The clinic is still open because the law is being appealed in the courts.
Wisconsin Right to Life said admitting privileges were important for patient safety. In the case of an emergency, the doctor who first dealt with the patient could stay with her in the hospital, said Barbara Lyons, the organization's executive director.
"In terms of Planned Parenthood having to close one of their clinics it says a lot that one of their people performing abortions doesn't have admitting privileges at a local hospital," Lyons said.
The bill was approved after an amendment to fix a technical issue was passed. If left in its original form, the bill may have required women in their first semester of pregnancy to undergo a transvaginal ultrasound.
An abdominal ultrasound in the beginning of a pregnancy may not show a fetus' heartbeat, which under the original bill must be visualized before an abortion can occur. A transvaginal ultrasound can show a fetal heartbeat much earlier in a pregnancy.
The amendment, which passed unanimously, would allow the woman to choose the type of ultrasound regardless of whether or not it would show a fetal heartbeat.
In hearings last week the bill was advertised as an effort to ensure the highest quality of medical care. Ultrasounds, called in committee the gold standard in medical care, would help prevent women from regretting their decision to have an abortion, Lazich said.
"I have seen so much post-abortion trauma in the last five years it appalls me," Lazich said during last week's committee hearing.
The bill is called "Sonya's law" after a woman who has said she changed her mind about getting an abortion after an ultrasound.
The Wisconsin Medical Society opposes the law.
"The decisions about what kinds of medical procedures a patient should have should be result of a conversation between a patient and her physician," said Mark Grapentine, lobbyistwith the medical society.
Rape and incest exception
The bill mandates that a physician display the ultrasound's images and describe them to the patient. The woman is not forced to look. The law goes into specifics about what the doctor must address —fetal heartbeat, size and physical description, for example.
If a woman is pregnant because of rape or incest and has documented the incident with police, she does not have to receive an ultrasound before the abortion.
The requirement for official documentation of the crime is part of existing law, which was untouched by the new bill. An exemption for an imminent medical emergency is also included.
About half of rapes are reported, according to the Rape Abuse and Incest National Network.
"Not all rapes are reported," Grapentine said. "You increase the amount of trauma you've been through by being forced to... have the ultrasound done."
"We didn't go into changing that part of law for rape and incest," Lazich said. "I didn't do that."
Senators Leah Vukmir (R-Wauwatosa), Terry Moulton (R-Chippewa Falls) and Lazich voted in favor. Senators Jon Erpenbach (D-Middleton) and Tim Carpenter (D-Milwaukee) were against.
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