2001 - 2002 LEGISLATURE
April 12, 2001
Introduced by Representatives OWENS, GROTHMAN, AINSWORTH,
ALBERS, GUNDERSON, GUNDRUM, HAHN, HUEBSCH, JESKEWITZ, KEDZIE, KESTELL, KRAWCZYK,
FREESE, F. LASEE, LEIBHAM, MCCORMICK, D. MEYER, NASS, OTT, PETTIS, RHOADES,
SERATTI, STARZYK, SUDER, SYKORA, URBAN, VRAKAS and PETROWSKI,
Cosponsored by Senators ROESSLER, FARROW, S. FITZGERALD,
LAZICH and SCHULTZ.
Referred to Committee on Family Law.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 111.337 (1) of the statutes is renumbered 111.337 (1) (intro.) and
amended to read:
111.337 (1) (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 (1) (b) of the statutes is created to read:
111.337 (1) (b)
Discriminating against any pharmacist licensed under ch. 450 by engaging in any
of the actions prohibited under s. 111.322 on the basis of the pharmacist's
refusal to dispense a prescribed drug or device because the pharmacist believes
that the drug or device would be used for the purpose of any of the following:
1. Causing an abortion, as defined in s. 253.10 (2) (a).
2. Causing the death of any person by assisted suicide in
contravention of s. 940.12 or by euthanasia.
SECTION 3. 450.135 of the statutes is created to read:
450.135 Pharmacist's refusal to dispense for abortions,
assisted suicides, and euthanasia
(1) In this section, "abortion" has the meaning given in
s. 253.10 (2) (a).
(2) No pharmacist may be required to dispense a
prescribed drug or device if the pharmacist has reason to believe that the drug
or device would be used for the purpose of any of the following:
(a) Causing an abortion.
(b) Causing the death of any person by assisted suicide
in contravention of s. 940.12 or by euthanasia.
(3) A pharmacist's refusal to dispense a prescribed drug
or device because he or she has reason to believe that the drug or device would
be used for a purpose described in sub. (2) (a) or (b) may not be the basis for
any of the following:
(a) A claim for damages against the pharmacist or the
pharmacy of the pharmacist.
(b) Disciplinary action by the board or department
against the pharmacist.
SECTION 4.0 Initial applicability
(1) This act first applies to refusals made on the effective date of this
subsection.
This bill provides that a pharmacist licensed by the pharmacy examining board
(board) in the department of regulation and licensing (DORL) may not be required
to dispense a prescribed drug or device if the pharmacist has reason to believe
that the drug or device would be used for causing an abortion.
An "abortion" is defined as the use of an instrument, medicine, drug, or
other substance or device with the intent to terminate the pregnancy of a woman
known to be pregnant or for whom there is reason to believe that she may be
pregnant. In addition, there must be no intent to increase the probability of a
live birth, to preserve the life or health of the infant after live birth, or to
remove a dead fetus.
Also under the bill, a licensed pharmacist may not be required to dispense a
drug or device if the pharmacist has reason to believe that the drug or device
would be used for causing the death of a person by assisted suicide or
euthanasia.
The bill also provides that a pharmacist's refusal to dispense a prescribed
drug or device because he or she has reason to believe that the drug or device
would be used for a purpose described above may not be the basis for a claim for
damages against the pharmacist or the pharmacist's pharmacy. Also, such a
refusal may not be the basis for disciplinary action by the board or DORL
against the pharmacist.
This bill expands the definition of employment discrimination based on creed.
Under current law, "creed" is defined as a system of religious beliefs,
including moral or ethical beliefs about right and wrong, that a person
sincerely holds with the strength of traditional religious views. Employment
discrimination based on creed is defined to include refusing to accommodate
reasonably an employee's or prospective employee's religious observances or
practices unless the employer can demonstrate that the accommodation would pose
an undue hardship.
The bill also expands the definition of employment discrimination based on
creed to include discriminating against a pharmacist on the basis of his or her
refusal, based on creed, to dispense a prescribed drug or device that the
pharmacist has reason to believe would be used for causing an abortion or
causing the death of a person by assisted suicide or euthanasia.
Under the bill, discrimination includes refusing to hire a pharmacist,
terminating a pharmacist's employment, and discriminating against a pharmacist
with respect to promotions, compensation, or terms, conditions, or privileges of
employment. There is no exception for an employer to show that the pharmacist's
refusal poses an undue hardship.