Wisconsin
Assembly Bill 168 (2001)
Original
Introduction
This bill failed to pass the Assembly in March, 2002.[Administrator]
2001 - 2002 LEGISLATURE
March 1, 2001
Introduced by Representatives WALKER, STASKUNAS, ALBERS,
COLON, DUFF, J. FITZGERALD, FREESE, GUNDERSON, GUNDRUM, HOVEN, HUEBSCH,
JESKEWITZ, JOHNSRUD, KEDZIE, KRAWCZYK, LADWIG, F. LASEE, M. LEHMAN, LEIBHAM,
LIPPERT, LOEFFELHOLZ, MCCORMICK, D. MEYER, MONTGOMERY, NASS, OTT, OWENS,
PETROWSKI, PETTIS, RHOADES, RYBA, STARZYK, STONE, SUDER, SYKORA, UNDERHEIM,
URBAN, VRAKAS, WIECKERT and ZIEGELBAUER,
Cosponsored by Senators BRESKE, ROESSLER, BAUMGART,
COWLES, FARROW, S. FITZGERALD HARSDORF, LAZICH, SCHULTZ and WELCH.
Approved by the Committee on Labor and Workforce Development on 18 April,
2001
AN ACT to renumber and amend 111.337 (1), 253.09
(1), 441.06 (6) and 448.03 (5) (a); to amend 253.09 (title), 253.09
(2), 253.09 (3), 253.09 (4) (a), 253.09 (4) (b) 1., 253.09 (4) (b) 2.,
441.06 (title) and 448.03 (5) (title); and to create 111.337(1g),
111.337 (1r) (b), 253.09 (1g), 253.09 (1r) (a) 1. to 7., 253.09 (5), 441.06
(6) (a), 441.06 (6) (b) 1. to 7., 441.06 (7), 441.06 (8), 448.03 (5) (ag),
448.03 (5) (am), 448.03 (5) (ao), 448.03 (5) (ar) 1. to 7. and 450.135 of
the statutes; relating to: employment discrimination based on creed and
exemption from liability and discipline for physicians, nurses, pharmacists,
other health care providers, and hospital employees who refuse to
participate in sterilization, abortion, assisted suicide, and other
procedures on moral or religious grounds.
The people of the state of usa-wisconsin-, represented in senate and
assembly, do enact as follows:
SECTION 1. 111.337 (1) of the statutes is renumbered 111.337 (1r)
(intro.) and amended to read:
111.337 (1r) (intro.) Employment discrimination
because of creed includes, but is not limited to, refusing any of the
following:
(a) Refusing to reasonably accommodate an employee's
or prospective employee's religious observance or practice unless the
employer can demonstrate that the accommodation would pose an undue hardship
on the employer's program, enterprise, or business.
SECTION 2. 111.337 (1g) of the statutes is created to read:
111.337 (1g) In this section:
(a) "Health care provider" means any
of the following:
1. An individual licensed, registered, permitted, or
certified by the department of health and family services or the department
of regulation and licensing to provide health care services in this state.
2. An individual who provides health care services as
directed, supervised, or inspected by an individual specified in subd. 1.
(b) "Human embryo" includes any
organism that is derived by fertilization, parthenogenesis, cloning, or any
other means from one or more human gametes or human diploid cells.
(c) "Participate in" means to
perform, assist in, recommend, counsel in favor of, make referrals for,
prescribe, dispense or administer drugs for, or otherwise promote,
encourage, or aid.
SECTION 3. 111.337 (1r) (b) of the statutes is created to read:
111.337 (1r) (b) Discriminating against any health
care provider by engaging in any of the actions prohibited under s. 111.322
on the basis of the health care provider's refusal, or statement of an
intention to refuse, whether or not in writing, based on his or her creed,
to participate in any of the following:
1. A sterilization procedure.
2. A procedure involving a drug or device that may
prevent the implantation of a fertilized human ovum.
3. An abortion, as defined in s. 253.10 (2) (a).
4. An experiment or medical procedure involving any
of the following:
a. The destruction of a human embryo.
b. A human embryo or unborn child, at any stage
of development, in which the experiment or procedure is not related to
the beneficial treatment of the human embryo or unborn child.
5. A procedure, including a transplant procedure,
that uses fetal tissue or organs other than fetal tissue or organs from a
stillbirth, spontaneous abortion, or miscarriage.
6. The withholding or withdrawal of nutrition or
hydration, unless the administration of nutrition or hydration is medically
contraindicated.
7. An act that causes or assists in causing the death
of an individual, such as by assisted suicide, euthanasia, or mercy killing.
SECTION 4. 253.09 (title) of the statutes is amended to read:
253.09 (title) Abortion refused Refusal to
participate in certain practices; no liability; no discrimination.
SECTION 5. 253.09 (1) of the statutes is renumbered 253.09 (1r) (a)
(intro.) and amended to read:
253.09 (1r) (a) (intro.) No hospital shall be is
required to admit any patient or to allow the use of the hospital facilities
for the purpose of performing a sterilization procedure or removing a human
embryo or fetus. any of the following:
(b) A physician or any other person who is a member
of or associated with the staff of a hospital, or any employee of a hospital
in which such a procedure the performance of an activity specified in par.
(a) 1. to 7. has been authorized, who, shall state in writing his or her
objection to the performance of or providing assistance to such a procedure,
in writing, refuses, or states an intention to refuse, to participate in the
activity on moral or religious grounds shall not be required to participate
in such medical procedure, and the activity.
(c) A physician or any other person who is a member
of or associated with the staff of a hospital, or any employee of a
hospital, is immune from liability for any damage caused by, and may not be
subjected to any disciplinary or recriminatory action based on, the refusal
of any such the person to participate therein shall not form the basis of
any claim for damages on account of such refusal or for any disciplinary or
recriminatory action against such person in an activity specified in par.
(a) 1. to 7. on moral or religious grounds.
SECTION 6. 253.09 (1g) of the statutes is created to read:
253.09 (1g) In this section:
(a) "Human embryo" includes any
organism that is derived by fertilization, parthenogenesis, cloning, or any
other means from one or more human gametes or human diploid cells.
(b) "Participate in" means to
perform, assist in, recommend, counsel in favor of, make referrals for,
prescribe, dispense or administer drugs for, or otherwise promote,
encourage, or aid.
SECTION 7. 253.09 (1r) (a) 1. to 7. of the statutes are created to read:
253.09 (1r) (a)
1. A sterilization procedure.
2. A procedure involving a drug or device that may
prevent the implantation of a fertilized human ovum.
3. An abortion, as defined in s. 253.10 (2) (a).
4. An experiment or medical procedure involving any
of the following:
a. The destruction of a human embryo.
b. A human embryo or unborn child, at any stage of development, in
which the experiment or procedure is not related to the beneficial
treatment of the human embryo or unborn child.
5. A procedure, including a transplant procedure,
that uses fetal tissue or organs other than fetal tissue or organs from a
stillbirth, spontaneous abortion, or miscarriage.
6. The withholding or withdrawal of nutrition or
hydration, unless the administration of nutrition or hydration is medically
contraindicated.
7. An act that causes or assists in causing the death
of an individual, such as by assisted suicide, euthanasia, or mercy killing.
SECTION 8. 253.09 (2) of the statutes is amended to read:
253.09 (2) No A hospital or employee of any a
hospital shall be liable for any civil damages resulting from is immune from
liability for any damage caused by a refusal to perform sterilization
procedures or remove a human embryo or fetus from a person, if such
participate in an activity specified in sub. (1r) (a) 1. to 7., if the
refusal is based on religious or moral precepts.
SECTION 9. 253.09 (3) of the statutes is amended to read:
253.09 (3) No hospital, school, or employer may
discriminate against any person with regard to admission, hiring or firing,
tenure, term, condition, or privilege of employment, student status, or
staff status on the ground that the person refuses to recommend, aid or
perform procedures for sterilization or the removal of a human embryo or
fetus, or states an intention to refuse, whether or not in writing, to
participate in an activity specified in sub. (1r) (a) 1. to 7., if the
refusal is based on religious or moral precepts.
SECTION 10. 253.09 (4) (a) of the statutes is amended to read:
253.09 (4) (a) Such individual to perform or assist
in the performance of any sterilization procedure or removal of a human
embryo or fetus participate in an activity specified in sub. (1r) (a) 1. to
7., if the individual's performance or assistance participation in the
performance of such a procedure would be activity is contrary to the
individual's religious beliefs or moral convictions; or
SECTION 11. 253.09 (4) (b) 1. of the statutes is amended to read:
253.09 (4) (b) 1. Make its facilities available for
the performance of any sterilization procedure or removal of a human embryo
or fetus an individual to participate in an activity specified in sub. (1r)
(a) 1. to 7., if the performance of such a procedure in such facilities is
prohibited by the entity prohibits the activity from taking place in the
facilities on the basis of religious beliefs or moral convictions; or
SECTION 12. 253.09 (4) (b) 2. of the statutes is amended to read:
253.09 (4) (b) 2. Provide any personnel for the
performance or assistance in the performance of any sterilization procedure
or assistance to participate in an activity specified in sub. (1r) (a) 1. to
7., if the performance or assistance in the performance of such procedure or
the removal of a human embryo or fetus by such personnel would be activity
is contrary to the religious beliefs or moral convictions of such the
personnel.
SECTION 13. 253.09 (5) of the statutes is created to read:
253.09 (5) A person who is adversely affected by, or
who reasonably may be expected to be adversely affected by, conduct that is
in violation of this section may bring a civil action for injunctive relief,
including reinstatement, damages, including damages for emotional or
psychological distress, or both injunctive relief and damages. In an action
under this subsection, the court shall award reasonable attorney fees,
notwithstanding s. 814.04 (1), to a person who obtains injunctive relief, an
award of damages, or both.
SECTION 14. 441.06 (title) of the statutes is amended to read:
441.06 (title) Licensure; civil liability and
disciplinary exemption.
SECTION 15. 441.06 (6) of the statutes is renumbered 441.06 (6) (b)
(intro.) and amended to read:
441.06 (6) (b) (intro.) No A person licensed as a
registered nurse under this section is liable for any civil damages
resulting from immune from liability for any damage caused by his or her
refusal to perform sterilization procedures or to removeor aid in the
removal of a human embryo or fetus from a person, assist in, recommend,
counsel in favor of, make referrals for, prescribe, dispense or administer
drugs for, or otherwise promote, encourage, or aid any of the following, if
the refusal is based on religious or moral precepts.:
SECTION 16. 441.06 (6) (a) of the statutes is created to read:
441.06 (6) (a) In this subsection, "human embryo"
includes any organism that is derived by fertilization, parthenogenesis,
cloning, or any other means from one or more human gametes or human diploid
cells.
SECTION 17. 441.06 (6) (b) 1. to 7. of the statutes are created to read:
441.06 (6) (b) 1. A sterilization procedure.
2. A procedure involving a drug or device that may
prevent the implantation of a fertilized human ovum.
3. An abortion, as defined in s. 253.10 (2) (a).
4. An experiment or medical procedure involving any
of the following:
a. The destruction of a human embryo.
b. A human embryo or unborn child, at any stage of
development, in which the experiment or procedure is not related to the
beneficial treatment of the human embryo or unborn child.
5. A procedure, including a transplant procedure,
that uses fetal tissue or organs other than fetal tissue or organs from a
stillbirth, spontaneous abortion, or miscarriage.
6. The withholding or withdrawal of nutrition or
hydration, unless the administration of nutrition or hydration is medically
contraindicated.
7. An act that causes or assists in causing the death
of an individual, such as by assisted suicide, euthanasia, or mercy killing.
SECTION 18. 441.06 (7) of the statutes is created to read:
441.06 (7) A person licensed as a registered nurse
under this section who, in writing, refuses, or states an intention to
refuse, on moral or religious grounds to engage in a practice of
professional nursing that is related to an activity specified in sub. (6)
(b) 1. to 7. shall not be required to engage in the practice with respect to
the activity and may not be disciplined by the board or the department for
refusing or stating an intention to refuse to engage in the practice with
respect to the activity.
SECTION 19. 441.06 (8) of the statutes is created to read:
441.06 (8) A person who is adversely affected by, or
who reasonably may be expected to be adversely affected by, conduct that is
in violation of sub. (7) may bring a civil action for injunctive relief,
including reinstatement, damages, including damages for emotional or
psychological distress, or both injunctive relief and damages. In an action
under this subsection, the court shall award reasonable attorney fees,
notwithstanding s. 814.04 (1), to a person who obtains injunctive relief, an
award of damages, or both.
SECTION 20. 448.03 (5) (title) of the statutes is amended to read:
448.03 (5) (title) CIVIL LIABILITY AND DISCIPLINARY
EXEMPTION; CERTAIN MEDICAL PROCEDURES AND REPORTS.
SECTION 21. 448.03 (5) (a) of the statutes is renumbered 448.03 (5) (ar)
(intro.) and amended to read:
448.03 (5) (ar) (intro.) No A person licensed or
certified under this subchapter shall be liable for any civil damages
resulting from such is immune from liability for any damage caused by the
person's refusal to perform sterilization procedures or to remove or aid in
the removal of a human embryo or fetus from a person if such, assist in,
recommend, counsel in favor of, make referrals for, prescribe, dispense or
administer drugs for, or otherwise promote, encourage, or aid any of the
following if the refusal is based on religious or moral precepts.:
SECTION 22. 448.03 (5) (ag) of the statutes is created to read:
448.03 (5) (ag) In this subsection, "human embryo"
includes any organism that is derived by fertilization, parthenogenesis,
cloning, or any other means from one or more human gametes or human diploid
cells.
SECTION 23. 448.03 (5) (am) of the statutes is created to read:
448.03 (5) (am) A person licensed or certified under
this subchapter who, in writing, refuses, or states an intention to refuse,
on moral or religious grounds to engage in a practice within the scope of
his or her license or certification that is related to an activity specified
in par. (ar) 1. to 7. shall not be required to engage in the practice with
respect to the activity and, notwithstanding s. 154.07 (1) (a) 3. or 155.50
(1) (b), may not be disciplined by the board or the department for refusing
or stating an intention to refuse to engage in the practice with respect to
the activity, including refusing or stating an intention to refuse to
transfer a patient to another physician who will comply with a declaration,
as defined in s. 154.02 (1), instrument for power of attorney for health
care, as defined in s. 155.01 (10), or health care decision, as defined in
s. 155.01 (5), of a health care agent, as defined in s. 155.01 (4). This
paragraph does not apply to the refusal to make a good faith attempt to
transfer a declarant with incapacity, as defined in s. 155.01 (8) and with a
terminal condition, as defined in s. 154.01 (8), to another physician who
will comply with the declaration of the declarant.
SECTION 24. 448.03 (5) (ao) of the statutes is created to read:
448.03 (5) (ao) A person who is adversely affected
by, or who reasonably may be expected to be adversely affected by, conduct
that is in violation of par. (am) may bring a civil action for injunctive
relief, including reinstatement, damages, including damages for emotional or
psychological distress, or both injunctive relief and damages. In an action
under this paragraph, the court shall award reasonable attorney fees,
notwithstanding s. 814.04 (1), to a person who obtains injunctive relief, an
award of damages, or both.
SECTION 25. 448.03 (5) (ar) 1. to 7. of the statutes are created to read:
448.03 (5) (ar) 1. A sterilization procedure.
2. A procedure involving a drug or device that may
prevent the implantation of a fertilized human ovum.
3. An abortion, as defined in s. 253.10 (2) (a).
4. An experiment or medical procedure involving any
of the following:
a. The destruction of a human embryo.
b. A human embryo or unborn child, at any stage of
development, in which the experiment or procedure is not related to the
beneficial treatment of the human embryo or unborn child.
5. A procedure, including a transplant procedure,
that uses fetal tissue or organs other than fetal tissue or organs from a
stillbirth, spontaneous abortion, or miscarriage.
6. The withholding or withdrawal of nutrition or
hydration, unless the administration of nutrition or hydration is medically
contraindicated.
7. An act that causes or assists in causing the death
of an individual, such as by assisted suicide, euthanasia, or mercy killing.
SECTION 26. 450.135 of the statutes is created to read:
450.135 Pharmacist's refusal to be involved in
certain activities.
(1) In this section, "human embryo" includes any
organism that is derived by fertilization, parthenogenesis, cloning, or any
other means from one or more human gametes or human diploid cells.
(2) A person licensed as a pharmacist under this
chapter is immune from liability for any damage caused by his or her refusal
to be involved in the performance of, assistance in, recommendation of,
counseling in favor of, making referrals for, prescribing, dispensing or
administering drugs for, or otherwise promoting, encouraging, or aiding any
of the following, if the refusal is based on religious or moral precepts:
(a) A sterilization procedure.
(b) A procedure involving a drug or device that may
prevent the implantation of a fertilized human ovum.
(c) An abortion, as defined in s. 253.10 (2) (a).
(d) An experiment or medical procedure involving any
of the following:
1. The destruction of a human embryo.
2. A human embryo or unborn child, at any stage of development, in
which the experiment or procedure is not related to the beneficial
treatment of the human embryo or unborn child.
(e) A procedure, including a transplant procedure,
that uses fetal tissue or organs other than fetal tissue or organs from a
stillbirth, spontaneous abortion, or miscarriage.
(f) The withholding or withdrawal of nutrition or
hydration, unless the administration of nutrition or hydration is medically
contraindicated.
(g) An act that causes or assists in causing the
death of an individual, such as by assisted suicide, euthanasia, or mercy
killing.
(3) (a) A person licensed as a pharmacist under this
chapter who, in writing, refuses, or states an intention to refuse, on moral
or religious grounds to engage in a practice of pharmacy that is related to
an activity specified in sub. (2) (a) to (g) shall not be required to engage
in the practice with respect to the activity and may not be disciplined by
the board or department for refusing or stating an intention to refuse to
engage in the practice with respect to the activity.
(b) A person who is adversely affected by, or who
reasonably may be expected to be adversely affected by, conduct that is in
violation of par. (a) may bring a civil action for injunctive relief,
including reinstatement, damages, including damages for emotional or
psychological distress, or both injunctive relief and damages. In an action
under this paragraph, the court shall award reasonable attorney fees,
notwithstanding s. 814.04 (1), to a person who obtains injunctive relief, an
award of damages, or both.
SECTION 27.0 Initial applicability.
(1) This act first applies to refusals or statements of an intention to
refuse that are made on the effective date of this subsection.