Under current Wisconsin law, physicians must give "voluntary and informed written consent" before an abortion is performed. A patient's options must be explained by the physician or a qualified assistant during a counseling session at least 24 hours prior to the procedure. To ensure the decision is voluntary, a signed consent form is also required.
A new Senate bill discussed last week by a state committee would have physicians who perform abortions make sure the woman's consent is voluntary… again.
The Coercive Abortion Prevention Act states a physician suspecting coercion in a decision to abort must inform the woman of her right not to be coerced and of services available to those at risk of domestic abuse — something that is presumably already covered in the pre-procedure counseling. While the desire to prevent abortions from happening against a woman's will is commendable, introducing flawed legislation as means to this end is not.
Aside from being remarkably superfluous — any good doctor performing an abortion would almost certainly make necessary checks against unwilling consent anyway — the bill also puts an undue burden on physicians. As drafted, the bill does not provide a definition for what constitutes a doctor suspecting coercion, making it difficult to enforce.
Given safeguards against coercive abortion already present in state law, it is difficult to imagine this bill was introduced as much more than a means for abortion opponents to rehash the perennially controversial issue of reproductive rights.
At best, the bill is well-intended but excessive. At worst, it would create an environment in which the state unnecessarily interferes in the relationship between patient and doctor.
