2005 - 2006 LEGISLATURE
April 1, 2005 −
Introduced by Senators REYNOLDS, BROWN, S. FITZGERALD,
GROTHMAN, KANAVAS, KEDZIE, LAZICH and LEIBHAM,
Cosponsored by Representatives OWENS, ALBERS, BALLWEG,
BIES, GOTTLIEB, GUNDERSON, GUNDRUM, J. FITZGERALD, FREESE, HAHN, HINES,
HONADEL, KERKMAN, KESTELL, KLEEFISCH, KRAWCZYK, KREIBICH, F. LASEE,
LEMAHIEU, LOEFFELHOLZ, LOTHIAN, MCCORMICK, MURSAU, NISCHKE, OTT, PETROWSKI,
PRIDEMORE, SUDER, TOWNS, VOS, VRAKAS, WIECKERT, WOOD and ZIEGELBAUER.
Referred to Committee on Health, Children, Families, Aging and Long Term
Care.
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, 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 believes 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 believes 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.