This bill expands all of the provisions described above regarding hospitals,
health care professionals, and hospital employees to include a refusal to participate,
based on moral or religious grounds, in any of the seven activities described above
with respect to employment discrimination based on creed. In addition, the bill
allows a person who is adversely affected by conduct that violates these provisions
to bring a civil action for injunctive relief, damages, and attorneys fees. Also, the bill
provides that pharmacists licensed by the pharmacy examining board in DORL are
exempt from liability for damages that result from a refusal to participate in any of
the seven activities if the refusal is based on religious or moral precepts. In addition,
the bill changes the exemptions from liability under current law for physicians and
other health care professionals licensed or certified by the medical examining board
and registered nurses licensed by the board of nursing so that they are consistent
with the exemption under the bill for pharmacists.

Also, the bill specifies that the medical examining board, board of nursing,
pharmacy examining board, or DORL may not take any disciplinary action against
any of the following who, in writing, refuse, or state an intention to refuse, to
participate in any of the seven activities if the refusal is based on moral or religious
grounds: a physician or other health care professional licensed or certified by the
medical examining board, registered nurse licensed by the board of nursing, or
pharmacist licensed by the pharmacy examining board. In addition, the bill allows
a physician, registered nurse, or pharmacist who is adversely affected by conduct
that violates this prohibition to bring a civil action for injunctive relief, damages, and
attorneys fees. Finally, under the bill, the medical examining board may not take
disciplinary action against a physician who makes such a refusal even if the
physician refuses to transfer a patient who has executed a declaration authorizing
the withholding or withdrawal of life-sustaining procedures or feeding tubes, or who
has executed a power of attorney for health care instrument consenting to the
withholding or withdrawal of feeding tubes, to another physician who will comply
with the declaration or instrument. However, under the bill, the medical examining
board may take disciplinary action against a physician who makes such a refusal if
the physician refuses to transfer an incapacitated, terminally ill patient who has
executed such a declaration.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB168, s. 1 1Section 1. 111.337 (1) of the statutes is renumbered 111.337 (1r) (intro.) and
2amended to read:
AB168,3,43 111.337 (1r) (intro.) Employment discrimination because of creed includes, but
4is not limited to, refusing any of the following:
AB168,3,8 5(a) Refusing to reasonably accommodate an employee's or prospective
6employee's religious observance or practice unless the employer can demonstrate
7that the accommodation would pose an undue hardship on the employer's program,
8enterprise, or business.
AB168, s. 2 9Section 2. 111.337 (1g) of the statutes is created to read:
AB168,3,1010 111.337 (1g) In this section:
AB168,3,1111 (a) "Health care provider" means any of the following:
AB168,4,3
11. An individual licensed, registered, permitted, or certified by the department
2of health and family services or the department of regulation and licensing to provide
3health care services in this state.
AB168,4,54 2. An individual who provides health care services as directed, supervised, or
5inspected by an individual specified in subd. 1.
AB168,4,86 (b) "Human embryo" includes any organism that is derived by fertilization,
7parthenogenesis, cloning, or any other means from one or more human gametes or
8human diploid cells.
AB168,4,119 (c) "Participate in" means to perform, assist in, recommend, counsel in favor
10of, make referrals for, prescribe, dispense or administer drugs for, or otherwise
11promote, encourage, or aid.
AB168, s. 3 12Section 3. 111.337 (1r) (b) of the statutes is created to read:
AB168,4,1613 111.337 (1r) (b) Discriminating against any health care provider by engaging
14in any of the actions prohibited under s. 111.322 on the basis of the health care
15provider's refusal, or statement of an intention to refuse, whether or not in writing,
16based on his or her creed, to participate in any of the following:
AB168,4,1717 1. A sterilization procedure.
AB168,4,1918 2. A procedure involving a drug or device that may prevent the implantation
19of a fertilized human ovum.
AB168,4,2020 3. An abortion, as defined in s. 253.10 (2) (a).
AB168,4,2121 4. An experiment or medical procedure involving any of the following:
AB168,4,2222 a. The destruction of a human embryo.
AB168,4,2523 b. A human embryo or unborn child, at any stage of development, in which the
24experiment or procedure is not related to the beneficial treatment of the human
25embryo or unborn child.
AB168,5,3
15. A procedure, including a transplant procedure, that uses fetal tissue or
2organs other than fetal tissue or organs from a stillbirth, spontaneous abortion, or
3miscarriage.
AB168,5,54 6. The withholding or withdrawal of nutrition or hydration, unless the
5administration of nutrition or hydration is medically contraindicated.
AB168,5,76 7. An act that causes or assists in causing the death of an individual, such as
7by assisted suicide, euthanasia, or mercy killing.
AB168, s. 4 8Section 4. 253.09 (title) of the statutes is amended to read:
AB168,5,10 9253.09 (title) Abortion refused Refusal to participate in certain
10practices
; no liability; no discrimination.
AB168, s. 5 11Section 5. 253.09 (1) of the statutes is renumbered 253.09 (1r) (a) (intro.) and
12amended to read:
AB168,5,1513 253.09 (1r) (a) (intro.) No hospital shall be is required to admit any patient or
14to allow the use of the hospital facilities for the purpose of performing a sterilization
15procedure or removing a human embryo or fetus.
any of the following:
AB168,5,22 16(b) A physician or any other person who is a member of or associated with the
17staff of a hospital, or any employee of a hospital in which such a procedure the
18performance of an activity specified in par. (a) 1. to 7.
has been authorized, who shall
19state in writing his or her objection to the performance of or providing assistance to
20such a procedure
, in writing, refuses, or states an intention to refuse, to participate
21in the activity
on moral or religious grounds shall not be required to participate in
22such medical procedure, and the activity.
AB168,6,4 23(c) A physician or any other person who is a member of or associated with the
24staff of a hospital, or any employee of a hospital, is immune from liability for any
25damage caused by, and may not be subjected to any disciplinary or recriminatory

1action based on,
the refusal of any such the person to participate therein shall not
2form the basis of any claim for damages on account of such refusal or for any
3disciplinary or recriminatory action against such person
in an activity specified in
4par. (a) 1. to 7. on moral or religious grounds
.
AB168, s. 6 5Section 6. 253.09 (1g) of the statutes is created to read:
AB168,6,66 253.09 (1g) In this section:
AB168,6,97 (a) "Human embryo" includes any organism that is derived by fertilization,
8parthenogenesis, cloning, or any other means from one or more human gametes or
9human diploid cells.
AB168,6,1210 (b) "Participate in" means to perform, assist in, recommend, counsel in favor
11of, make referrals for, prescribe, dispense or administer drugs for, or otherwise
12promote, encourage, or aid.
AB168, s. 7 13Section 7. 253.09 (1r) (a) 1. to 7. of the statutes are created to read:
AB168,6,1414 253.09 (1r) (a) 1. A sterilization procedure.
AB168,6,1615 2. A procedure involving a drug or device that may prevent the implantation
16of a fertilized human ovum.
AB168,6,1717 3. An abortion, as defined in s. 253.10 (2) (a).
AB168,6,1818 4. An experiment or medical procedure involving any of the following:
AB168,6,1919 a. The destruction of a human embryo.
AB168,6,2220 b. 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.
AB168,6,2523 5. 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.
AB168,7,2
16. The withholding or withdrawal of nutrition or hydration, unless the
2administration of nutrition or hydration is medically contraindicated.
AB168,7,43 7. An act that causes or assists in causing the death of an individual, such as
4by assisted suicide, euthanasia, or mercy killing.
AB168, s. 8 5Section 8. 253.09 (2) of the statutes is amended to read:
AB168,7,106 253.09 (2) No A hospital or employee of any a hospital shall be liable for any
7civil damages resulting from
is immune from liability for any damage caused by a
8refusal to perform sterilization procedures or remove a human embryo or fetus from
9a person, if such
participate in an activity specified in sub. (1r) (a) 1. to 7., if the
10refusal is based on religious or moral precepts.
AB168, s. 9 11Section 9. 253.09 (3) of the statutes is amended to read:
AB168,7,1812 253.09 (3) No hospital, school, or employer may discriminate against any
13person with regard to admission, hiring or firing, tenure, term, condition, or privilege
14of employment, student status, or staff status on the ground that the person refuses
15to recommend, aid or perform procedures for sterilization or the removal of a human
16embryo or fetus
, or states an intention to refuse, whether or not in writing, to
17participate in an activity specified in sub. (1r) (a) 1. to 7.
, if the refusal is based on
18religious or moral precepts.
AB168, s. 10 19Section 10. 253.09 (4) (a) of the statutes is amended to read:
AB168,7,2420 253.09 (4) (a) Such individual to perform or assist in the performance of any
21sterilization procedure or removal of a human embryo or fetus participate in an
22activity specified in sub. (1r) (a) 1. to 7.,
if the individual's performance or assistance
23participation in the performance of such a procedure would be activity is contrary to
24the individual's religious beliefs or moral convictions; or
AB168, s. 11 25Section 11. 253.09 (4) (b) 1. of the statutes is amended to read:
AB168,8,5
1253.09 (4) (b) 1. Make its facilities available for the performance of any
2sterilization procedure or removal of a human embryo or fetus
an individual to
3participate in an activity specified in sub. (1r) (a) 1. to 7.,
if the performance of such
4a procedure in such
facilities is prohibited by the entity prohibits the activity from
5taking place in the facilities
on the basis of religious beliefs or moral convictions; or
AB168, s. 12 6Section 12. 253.09 (4) (b) 2. of the statutes is amended to read:
AB168,8,127 253.09 (4) (b) 2. Provide any personnel for the performance or assistance in the
8performance of any sterilization procedure or assistance
to participate in an activity
9specified in sub. (1r) (a) 1. to 7.,
if the performance or assistance in the performance
10of such procedure or the removal of a human embryo or fetus by such personnel would
11be
activity is contrary to the religious beliefs or moral convictions of such the
12personnel.
AB168, s. 13 13Section 13. 253.09 (5) of the statutes is created to read:
AB168,8,2014 253.09 (5) A person who is adversely affected by, or who reasonably may be
15expected to be adversely affected by, conduct that is in violation of this section may
16bring a civil action for injunctive relief, including reinstatement, damages, including
17damages for emotional or psychological distress, or both injunctive relief and
18damages. In an action under this subsection, the court shall award reasonable
19attorney fees, notwithstanding s. 814.04 (1), to a person who obtains injunctive relief,
20an award of damages, or both.
AB168, s. 14 21Section 14. 441.06 (title) of the statutes is amended to read:
AB168,8,22 22441.06 (title) Licensure; civil liability and disciplinary exemption.
AB168, s. 15 23Section 15. 441.06 (6) of the statutes is renumbered 441.06 (6) (b) (intro.) and
24amended to read:
AB168,9,7
1441.06 (6) (b) (intro.) No A person licensed as a registered nurse under this
2section is liable for any civil damages resulting from immune from liability for any
3damage caused by
his or her refusal to perform sterilization procedures or to remove
4or aid in the removal of a human embryo or fetus from a person
, assist in, recommend,
5counsel in favor of, make referrals for, prescribe, dispense or administer drugs for,
6or otherwise promote, encourage, or aid any of the following
, if the refusal is based
7on religious or moral precepts.:
AB168, s. 16 8Section 16. 441.06 (6) (a) of the statutes is created to read:
AB168,9,119 441.06 (6) (a) 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. 17 12Section 17. 441.06 (6) (b) 1. to 7. of the statutes are created to read:
AB168,9,1313 441.06 (6) (b) 1. A sterilization procedure.
AB168,9,1514 2. A procedure involving a drug or device that may prevent the implantation
15of a fertilized human ovum.
AB168,9,1616 3. An abortion, as defined in s. 253.10 (2) (a).
AB168,9,1717 4. An experiment or medical procedure involving any of the following:
AB168,9,1818 a. The destruction of a human embryo.
AB168,9,2119 b. A human embryo or unborn child, at any stage of development, in which the
20experiment or procedure is not related to the beneficial treatment of the human
21embryo or unborn child.
AB168,9,2422 5. A procedure, including a transplant procedure, that uses fetal tissue or
23organs other than fetal tissue or organs from a stillbirth, spontaneous abortion, or
24miscarriage.
AB168,10,2
16. The withholding or withdrawal of nutrition or hydration, unless the
2administration of nutrition or hydration is medically contraindicated.
AB168,10,43 7. An act that causes or assists in causing the death of an individual, such as
4by assisted suicide, euthanasia, or mercy killing.
AB168, s. 18 5Section 18. 441.06 (7) of the statutes is created to read:
AB168,10,116 441.06 (7) A person licensed as a registered nurse under this section who, in
7writing, refuses, or states an intention to refuse, on moral or religious grounds to
8engage in a practice of professional nursing that is related to an activity specified in
9sub. (6) (b) 1. to 7. shall not be required to engage in the practice with respect to the
10activity and may not be disciplined by the board or the department for refusing or
11stating an intention to refuse to engage in the practice with respect to the activity.
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:
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