Roe v. Wade Resource Center

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Frequently Asked Questions (FAQs):

Have a question we didn't answer? You can reach us at 800-246-5743, questions are being noted and added to this page as they are coming in! 

 

Q: What are Wisconsin’s laws on Abortion now that Roe v. Wade is overturned?

A:  Wisconsin’s laws on abortion have reverted to the 1849 Law, which makes performing an abortion a crime, even in the cases of rape, incest, and medical necessity.  Governor Tony Evers has committed to granting clemency (i.e to pardon the crime) to doctors charged under the 1849 law, but Wisconsin physicians are not providing abortion services due to a 6-year statute of limitations related to enforcing the abortion ban law.  

 

Q: Did Roe v. Wade being overturned make IUDs illegal?

A: No, the overturning of Roe v. Wade did not make having an IUD illegal, people with uteruses can still legally have IUDs and get them placed.

 

Q: Does the overturning of Roe v. Wade mean that I need to take my IUD out?

A: Because IUDs are not illegal, the overturning of Roe v. Wade does not have an affect on them.  You do not need to get your IUD removed due to this ruling.

 

Q: Are any forms of contraception now being restricted?

A: There are no forms of contraception currently being restricted in the state of Wisconsin.  The overturning of Roe v. Wade has not affected the availability or legality of any contraception methods in Wisconsin.

 

Q: Do IUDs cause abortions?

A: No, IUDs do not cause abortions.  IUDs change the way sperm cells move so they cannot get to an egg. If sperm cannot make it to an egg, a pregnancy can not happen.

 

Q: Is emergency contraception, like the Plan B Pill, the same as the abortion pill?

A: Emergency Contraception, like the Plan B Pill, is not the same as abortion. Plan B prevents pregnancy by interfering with ovulation, fertilization, and implantation.  Plan B uses hormones to make it harder for the sperm to reach the egg and to make the uterus less hospitable. An abortion pill will use hormones to stop an existing pregnancy and shed the uterine lining, to effectively end a pregnancy.

 

Q: What are Wisconsin’s aiding and abetting laws for anyone who helps a person get an abortion?

A: Wisconsin’s 1849 Law makes providing abortion services a chargeable offence for the medical provider of the abortion. This means that the person getting the abortion, and any supporters they had during that process did not commit a crime because they did not perform the abortion itself. Individuals that assist someone with getting to and/or recovering from an abortion can not be charged with a crime, as they did not commit one.

 

Q: What are the current options for someone seeking abortion care?

A: Providers in the State of Wisconsin have halted all abortion services, but abortion care is legal across state lines in both Minnesota and Illinois. Since Wisconsin law states that only physicians who conduct abortion services can be charged with a crime, individuals that cross state lines to receive an abortion cannot legally be charged with a crime upon their return to Wisconsin. The state of Wisconsin does not have jurisdiction over actions that happen in another state, especially if those actions are legal in that state.  

 

Q: Is information kept on period tracking apps protected by HIPAA?

A: Any information that you put into an app that is not associated with a HIPAA compliant medical system is not protected. HIPAA covered systems include health care providers, health plans, and patient portals such as MyChart.

Notable Updates:

Released: June 29, 2022

 

Subject: Health and Human Services (HHS) Issues Guidance to Protect Patient Privacy in Wake of Supreme Court Decision on Roe.

 

Due to the concerns raised by the Supreme Court’s ruling on Dobbs vs. Jackson Women’s Health Organization, which removed the right to safe and legal abortion, the U.S. Department of Health and Human Services Office of Civil Rights issued new guidance to help protect patients and providers who are looking for, or providing, reproductive healthcare.

 

The guidance:

  1. addresses how federal law and regulations protect individuals’ private medical information (known as protected health information or PHI) relating to abortion and other sexual and reproductive health care – making it clear that providers are not required to disclose private medical information to third parties; and
  2. addresses the extent to which private medical information is protected on personal cell phones and tablets, and provides tips for protecting individuals’ privacy when using period trackers and other health information apps.

 

The guidance on the HIPAA Privacy Rule and Disclosures of Information Relating to Reproductive Health Care may be found at https://www.hhs.gov/hipaa/for-professionals/privacy/guidance/phi-reproductive-health/index.html.

 

The guidance on Protecting the Privacy and Security of Your Health Information When Using Your Personal Cell Phone or Tablet may be found at https://www.hhs.gov/hipaa/for-professionals/privacy/guidance/cell-phone-hipaa/index.html.

 

If you believe that a HIPAA-covered entity or its business associate violated your (or someone else’s) health information privacy rights or committed another violation of the Privacy, Security, or Breach Notification Rules, you may file a complaint at https://www.hhs.gov/hipaa/filing-a-complaint/index.html.

- - MORE UPDATES WILL BE POSTED AS THEY ARE MADE AVAILABLE - -

What are Reproductive Health Clinics/Centers?

Reproductive Health Clinics:

 

ARE Government regulated healthcare facilities.

DO only allow medically certified staff to see clients.

DO offer legitimate health services like cancer screenings, pelvic exams, Pap smears, proper STI testing, clinical testicular and breast exams.

DO NOT withhold information about credentials and/or services from prospective or current clients.

DO use medically accurate terms.

DO support everyone’s right to choose.

DO give all options to pregnant people and aid in creating a care plan that works best for them.

DO provide unbiased, science-based medical advice.

DO offer all methods of birth control either on-site, or by prescription pickup.

DO NOT provide faith-based information or advice.

DO NOT use religious materials to manipulate clients.