Protection of Conscience Project
Protection of Conscience Project
www.consciencelaws.org
Service, not Servitude

Service, not Servitude
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Wisconsin

Assembly Bill 307 (2001)


Original Text
Original

Introduction

The bill failed to pass the Assembly in March, 2002. [Administrator]

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.