AB168, s. 19 12Section 19. 441.06 (8) of the statutes is created to read:
AB168,10,1913 441.06 (8) A person who is adversely affected by, or who reasonably may be
14expected to be adversely affected by, conduct that is in violation of sub. (7) may bring
15a civil action for injunctive relief, including reinstatement, damages, including
16damages for emotional or psychological distress, or both injunctive relief and
17damages. In an action under this subsection, the court shall award reasonable
18attorney fees, notwithstanding s. 814.04 (1), to a person who obtains injunctive relief,
19an award of damages, or both.
AB168, s. 20 20Section 20. 448.03 (5) (title) of the statutes is amended to read:
AB168,10,2221 448.03 (5) (title) Civil liability and disciplinary exemption; certain medical
22procedures and reports.
AB168, s. 21 23Section 21. 448.03 (5) (a) of the statutes is renumbered 448.03 (5) (ar) (intro.)
24and amended to read:
AB168,11,7
1448.03 (5) (ar) (intro.) No A person licensed or certified under this subchapter
2shall be liable for any civil damages resulting from such is immune from liability for
3any damage caused by the
person's refusal to perform sterilization procedures or to
4remove or aid in the removal of a human embryo or fetus from a person if such
, assist
5in, recommend, counsel in favor of, make referrals for, prescribe, dispense or
6administer drugs for, or otherwise promote, encourage, or aid any of the following if
7the
refusal is based on religious or moral precepts. :
AB168, s. 22 8Section 22. 448.03 (5) (ag) of the statutes is created to read:
AB168,11,119 448.03 (5) (ag) In this subsection, "human embryo" includes any organism that
10is derived by fertilization, parthenogenesis, cloning, or any other means from one or
11more human gametes or human diploid cells.
AB168, s. 23 12Section 23. 448.03 (5) (am) of the statutes is created to read:
AB168,12,213 448.03 (5) (am) A person licensed or certified under this subchapter who, in
14writing, refuses, or states an intention to refuse, on moral or religious grounds to
15engage in a practice within the scope of his or her license or certification that is
16related to an activity specified in par. (ar) 1. to 7. shall not be required to engage in
17the practice with respect to the activity and, notwithstanding s. 154.07 (1) (a) 3. or
18155.50 (1) (b), may not be disciplined by the board or the department for refusing or
19stating an intention to refuse to engage in the practice with respect to the activity,
20including refusing or stating an intention to refuse to transfer a patient to another
21physician who will comply with a declaration, as defined in s. 154.02 (1), instrument
22for power of attorney for health care, as defined in s. 155.01 (10), or health care
23decision, as defined in s. 155.01 (5), of a health care agent, as defined in s. 155.01 (4).
24This paragraph does not apply to the refusal to make a good faith attempt to transfer
25a declarant with incapacity, as defined in s. 155.01 (8) and with a terminal condition,

1as defined in s. 154.01 (8), to another physician who will comply with the declaration
2of the declarant.
AB168, s. 24 3Section 24. 448.03 (5) (ao) of the statutes is created to read:
AB168,12,104 448.03 (5) (ao) A person who is adversely affected by, or who reasonably may
5be expected to be adversely affected by, conduct that is in violation of par. (am) may
6bring a civil action for injunctive relief, including reinstatement, damages, including
7damages for emotional or psychological distress, or both injunctive relief and
8damages. In an action under this paragraph, the court shall award reasonable
9attorney fees, notwithstanding s. 814.04 (1), to a person who obtains injunctive relief,
10an award of damages, or both.
AB168, s. 25 11Section 25. 448.03 (5) (ar) 1. to 7. of the statutes are created to read:
AB168,12,1212 448.03 (5) (ar) 1. A sterilization procedure.
AB168,12,1413 2. A procedure involving a drug or device that may prevent the implantation
14of a fertilized human ovum.
AB168,12,1515 3. An abortion, as defined in s. 253.10 (2) (a).
AB168,12,1616 4. An experiment or medical procedure involving any of the following:
AB168,12,1717 a. The destruction of a human embryo.
AB168,12,2018 b. A human embryo or unborn child, at any stage of development, in which the
19experiment or procedure is not related to the beneficial treatment of the human
20embryo or unborn child.
AB168,12,2321 5. A procedure, including a transplant procedure, that uses fetal tissue or
22organs other than fetal tissue or organs from a stillbirth, spontaneous abortion, or
23miscarriage.
AB168,12,2524 6. The withholding or withdrawal of nutrition or hydration, unless the
25administration of nutrition or hydration is medically contraindicated.
AB168,13,2
17. An act that causes or assists in causing the death of an individual, such as
2by assisted suicide, euthanasia, or mercy killing.
AB168, s. 26 3Section 26. 450.135 of the statutes is created to read:
AB168,13,7 4450.135 Pharmacist's refusal to be involved in certain activities. (1)
5In this section, "human embryo" includes any organism that is derived by
6fertilization, parthenogenesis, cloning, or any other means from one or more human
7gametes or human diploid cells.
AB168,13,13 8(2) A person licensed as a pharmacist under this chapter is immune from
9liability for any damage caused by his or her refusal to be involved in the performance
10of, assistance in, recommendation of, counseling in favor of, making referrals for,
11prescribing, dispensing or administering drugs for, or otherwise promoting,
12encouraging, or aiding any of the following, if the refusal is based on religious or
13moral precepts:
AB168,13,1414 (a) A sterilization procedure.
AB168,13,1615 (b) A procedure involving a drug or device that may prevent the implantation
16of a fertilized human ovum.
AB168,13,1717 (c) An abortion, as defined in s. 253.10 (2) (a).
AB168,13,1818 (d) An experiment or medical procedure involving any of the following:
AB168,13,1919 1. The destruction of a human embryo.
AB168,13,2220 2. A human embryo or unborn child, at any stage of development, in which the
21experiment or procedure is not related to the beneficial treatment of the human
22embryo or unborn child.
AB168,13,2523 (e) A procedure, including a transplant procedure, that uses fetal tissue or
24organs other than fetal tissue or organs from a stillbirth, spontaneous abortion, or
25miscarriage.
AB168,14,2
1(f) The withholding or withdrawal of nutrition or hydration, unless the
2administration of nutrition or hydration is medically contraindicated.
AB168,14,43 (g) An act that causes or assists in causing the death of an individual, such as
4by assisted suicide, euthanasia, or mercy killing.
AB168,14,10 5(3) (a) A person licensed as a pharmacist under this chapter who, in writing,
6refuses, or states an intention to refuse, on moral or religious grounds to engage in
7a practice of pharmacy that is related to an activity specified in sub. (2) (a) to (g) shall
8not be required to engage in the practice with respect to the activity and may not be
9disciplined by the board or department for refusing or stating an intention to refuse
10to engage in the practice with respect to the activity.
AB168,14,1711 (b) A person who is adversely affected by, or who reasonably may be expected
12to be adversely affected by, conduct that is in violation of par. (a) may bring a civil
13action for injunctive relief, including reinstatement, damages, including damages
14for emotional or psychological distress, or both injunctive relief and damages. In an
15action under this paragraph, the court shall award reasonable attorney fees,
16notwithstanding s. 814.04 (1), to a person who obtains injunctive relief, an award of
17damages, or both.
AB168, s. 27 18Section 27. Initial applicability.
AB168,14,2019 (1) This act first applies to refusals or statements of an intention to refuse that
20are made on the effective date of this subsection.
AB168,14,2121 (End)
Loading...
Loading...