2003 WISCONSIN ACT
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), 154.12, 155.75, 253.09 (1g), 253.09 (1r) (a) 1. to 8., 253.09 (5), 441.06 (6) (a), 441.06 (6) (b) 1. to 8., 441.06 (7), 441.06 (8), 448.03 (5) (ag), 448.03 (5) (am) 1. to 8., 448.03 (5) (an) and (aq), 448.03 (5) (ar) and 450.135 of the statutes; relating to: employment discrimination based on creed; exemption from liability and discipline for health care providers and hospital employees who refuse to participate in sterilization, abortion, assisted suicide, and other procedures on moral or religious grounds; and power of attorney for health care instruments and patient declarations regarding the withholding or withdrawal of feeding tubes.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB67, s. 1
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.
AB67, s. 2
Section
2. 111.337 (1g) of the statutes is created to read:
111.337 (1g) In this section:
(a) "Human embryo" means a human organism that is derived by fertilization, parthenogenesis, cloning, or any other means from one or more human gametes or human diploid cells. "Human embryo" includes a zygote but does not include a human organism at or beyond the stage of development at which the major body structures are present.
(b) "In vitro human embryo" means a human embryo, whether cryopreserved or not, living outside of a woman's body.
(c) "Participate in" means to perform; practice; engage in; assist in; recommend; counsel in favor of; make referrals for; prescribe, dispense, or administer drugs or devices, other than contraceptive articles, as defined in s. 450.155 (1) (a), for; or otherwise promote, encourage, or aid.
AB67, s. 3
Section
3. 111.337 (1r) (b) of the statutes is created to read:
111.337 (1r) (b) Discriminating against an employee or prospective employee by engaging in any of the actions prohibited under s. 111.322 on the basis of the employee's or prospective employee'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. An abortion, as defined in s. 253.10 (2) (a).
3. An experiment or medical procedure that destroys an in vitro human embryo or uses cells or tissue derived from the destruction of an in vitro human embryo.
4. An experiment or medical procedure on an in vitro human embryo that is not related to the beneficial treatment of the in vitro human embryo.
5. An experiment or medical procedure on a developing child in an artificial womb, at any stage of development, that is not related to the beneficial treatment of the developing child.
6. 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.
7. The withholding or withdrawal of nutrition or hydration from a patient who is not in a terminal condition, as defined in s. 154.01 (8), if the withholding or withdrawal of nutrition or hydration would result in the patient's death from malnutrition or dehydration, or complications of malnutrition or dehydration, rather than from an underlying illness or injury, unless the administration of nutrition or hydration is medically contraindicated.
8. An act that intentionally causes or assists in causing the death of an individual by assisted suicide, euthanasia, or mercy killing.
AB67, s. 4m
Section 4m. 154.12 of the statutes is created to read:
154.12 Conscience rights notification. A physician who receives a declaration from his or her patient who is a declarant, or, if the patient is incompetent, from a legal representative of the patient, shall immediately review the declaration and, if the physician intends to invoke his or her rights under s. 253.09 or 448.03 (5), shall, as soon as possible, inform the patient or the legal representative orally and in writing of that intent and of the physician's concerns, if any, about the declaration. A hospital that receives a declaration from a patient in its facility who is a declarant, or, if the patient is incompetent, from a legal representative of the patient, shall immediately review the declaration and, if the hospital intends to invoke its rights under s. 253.09, shall, as soon as possible, inform the patient or the legal representative orally and in writing of that intent and of the hospital's concerns, if any, about the declaration.
AB67, s. 5m
Section 5m. 155.75 of the statutes is created to read:
155.75 Conscience rights notification. A physician who receives a power of attorney for health care instrument from his or her patient who is a principal, or, if the patient has incapacity, from the patient's health care agent, shall immediately review the instrument and, if the physician intends to invoke his or her rights under s. 253.09 or 448.03 (5), shall, as soon as possible, inform the patient or the patient's health care agent orally and in writing of that intent and of the physician's concerns, if any, about the instrument. A hospital that receives a power of attorney for health care instrument from a patient in its facility who is a principal, or, if the patient has incapacity, from the patient's health care agent, shall immediately review the instrument and, if the hospital intends to invoke its rights under s. 253.09, shall, as soon as possible, inform the patient or the patient's health care agent orally and in writing of that intent and of the hospital's concerns, if any, about the instrument.
AB67, s. 6
Section
6. 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.
AB67, s. 7
Section
7. 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 8. 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 may 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 8. on moral or religious grounds.
AB67, s. 8
Section
8. 253.09 (1g) of the statutes is created to read:
253.09 (1g) In this section:
(a) "Human embryo" means a human organism that is derived by fertilization, parthenogenesis, cloning, or any other means from one or more human gametes or human diploid cells. "Human embryo" includes a zygote but does not include a human organism at or beyond the stage of development at which the major body structures are present.
(b) "In vitro human embryo" means a human embryo, whether cryopreserved or not, living outside of a woman's body.
(c) "Participate in" means to perform; practice; engage in; assist in; recommend; counsel in favor of; make referrals for; prescribe, dispense, or administer drugs or devices, other than contraceptive articles, as defined in s. 450.155 (1) (a), for; or otherwise promote, encourage, or aid.
AB67, s. 9
Section
9. 253.09 (1r) (a) 1. to 8. of the statutes are created to read:
253.09 (1r) (a) 1. A sterilization procedure.
2. An abortion, as defined in s. 253.10 (2) (a).
3. An experiment or medical procedure that destroys an in vitro human embryo or uses cells or tissue derived from the destruction of an in vitro human embryo.
4. An experiment or medical procedure on an in vitro human embryo that is not related to the beneficial treatment of the in vitro human embryo.
5. An experiment or medical procedure on a developing child in an artificial womb, at any stage of development, that is not related to the beneficial treatment of the developing child.
6. 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.
7. The withholding or withdrawal of nutrition or hydration from a patient who is not in a terminal condition, as defined in s. 154.01 (8), if the withholding or withdrawal of nutrition or hydration would result in the patient's death from malnutrition or dehydration, or complications of malnutrition or dehydration, rather than from an underlying illness or injury, unless the administration of nutrition or hydration is medically contraindicated.
8. An act that intentionally causes or assists in causing the death of an individual by assisted suicide, euthanasia, or mercy killing.
AB67, s. 10
Section
10. 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 8., if the refusal is based on religious or moral precepts.
AB67, s. 11
Section
11. 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 8., if the refusal is based on religious or moral precepts.
AB67, s. 12
Section
12. 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 8., 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
AB67, s. 13
Section
13. 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 8., 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
AB67, s. 14
Section
14. 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 8., 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.
AB67, s. 15
Section
15. 253.09 (5) of the statutes is created to read:
253.09 (5) (a) In this subsection, "damages" do not include noneconomic damages, as defined in s. 893.55 (4) (a).
