Wisconsin

Assembly Bill 63 (2003)

Introduction

 This bill failed to pass the Assembly in March, 2004.  [Administrator]

AN ACT to renumber and amend 111.337 (1); and to create 111.337 (1) (b) and 450.135 of the statutes; relating to: employment discrimination based on creed and exemption from liability and discipline for pharmacists who refuse to dispense for abortions, assisted suicides, and euthanasia.

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, if the pharmacist consults with the practitioner who prescribed the drug or device before the pharmacist makes the refusal.

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, if the pharmacist consults with the practitioner who prescribed the drug or device before the pharmacist makes the refusal.

(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 4.0Initial applicability.