LRB-1189/2
CTS:kjf:rs
2005 - 2006 LEGISLATURE
March 14, 2005 - Introduced by Representatives Hundertmark, Staskunas,
LeMahieu, Vukmir, Nischke, Suder, Gundrum, Kleefisch, Kestell, Kerkman,
Underheim, Nass, Van Roy, Ballweg, Krawczyk, Hahn, Gottlieb, J.
Fitzgerald, Kreibich, F. Lasee, Wieckert, Lothian, Loeffelholz, Gunderson,
Montgomery, Hines, Vos, Freese, Moulton, McCormick, Nerison, Bies,
Albers, Ziegelbauer, Petrowski, Wood, Strachota, Owens, Mursau, Vrakas,
Honadel, Ott
and Towns, cosponsored by Senators Roessler, Reynolds, S.
Fitzgerald, Lazich, Zien, Cowles, Kanavas, Grothman, Harsdorf, Kapanke,
Leibham, Stepp, Brown
and Kedzie. Referred to Committee on Labor.
AB207,1,10 1An Act to renumber and amend 111.337 (1), 253.09 (1), 441.06 (6) and 448.03
2(5) (a); to amend 253.09 (title), 253.09 (2), 253.09 (3), 253.09 (4) (a), 253.09 (4)
3(b) 1., 253.09 (4) (b) 2., 441.06 (title) and 448.03 (5) (title); and to create 111.337
4(1g), 111.337 (1r) (b), 111.337 (1w), 253.09 (1g), 253.09 (1r) (a) 1. to 8., 253.09 (5),
5441.06 (6) (a), 441.06 (6) (b) 1. to 8., 441.06 (7), 441.06 (8), 448.03 (5) (ag), 448.03
6(5) (am) 1. to 8., 448.03 (5) (an), 448.03 (5) (ar) and 450.135 of the statutes;
7relating to: employment discrimination based on creed; and exemption from
8liability and discipline for health care professionals and health care facility
9employees who refuse to participate in sterilization, abortion, assisted suicide,
10and other procedures on moral or religious grounds.
Analysis by the Legislative Reference Bureau
This bill makes changes to current law regarding employment discrimination
based on creed; and refusals of certain health care providers and employees of health
care facilities to participate in certain procedures on moral or religious grounds.
Employment discrimination based on creed. Under current law, with
certain exceptions, an employer may not engage in employment discrimination

based on creed. "Creed" is defined as a system of religious beliefs, including moral
or ethical beliefs about right and wrong, that a person sincerely holds with the
strength of traditional religious views. Employment discrimination based on creed
is defined to include refusing to reasonably accommodate an employee's or
prospective employee's religious observances or practices unless the employer can
demonstrate that the accommodation would pose an undue hardship.
This bill expands the definition of employment discrimination based on creed
to include discriminating against an employee or prospective employee on the basis
of his or her refusal, based on creed, to participate in any of the following activities:
1) sterilization procedures; 2) abortions; 3) experiments or medical procedures that
destroy an in vitro human embryo, that use cells or tissue derived from the
destruction of an in vitro embryo; 4) experiments or medical procedures on in vitro
human embryos that do not relate to the beneficial treatment of the in vitro human
embryo; 5) experiments or medical procedures that involve a developing child in an
artificial womb that do not relate to the beneficial treatment of the developing child;
6) procedures, including transplants, using fetal tissue or organs other than fetal
tissue or organs from a stillbirth, spontaneous abortion, or miscarriage; 7)
intentionally causing the death of an individual who is not in a terminal condition
by withholding or withdrawing nutrition or hydration; or 8) intentionally causing or
assisting in the death of an individual by assisted suicide, euthanasia, or mercy
killing. Throughout the bill, "participate in" is broadly defined, but does not include
prescribing, dispensing, or administering contraceptive articles, as defined in
current law. The bill does not allow an employer to avoid liability by showing that
the refusal poses an undue hardship. The bill clarifies that the expanded definition
of discrimination based on creed is not intended to narrow the scope of rights existing
under current law.
Refusals to participate in procedures on moral or religious grounds.
Under current law, hospitals, certain health care professionals, and hospital
employees may not, under certain circumstances, be required to participate in
procedures involving sterilization or the removal of a human embryo or fetus.
Specifically, a hospital may not be required to admit a patient or allow the use of its
facilities for such a procedure. In addition, physicians and other hospital employees
who object, in writing, to participating in such a procedure on moral or religious
grounds may not be disciplined for refusing to participate in the procedure. Also, a
hospital, school, or employer may not take disciplinary action regarding
employment, staff, or student status against a person who refuses to participate in
such a procedure if the refusal is based on moral or religious precepts. Finally, under
current law, a hospital and the following persons are exempt from liability for
damages that result from a refusal to perform such a procedure if the refusal is based
on religious or moral precepts: persons employed by or associated with the staff of
a hospital, physicians, and other health care professionals licensed or certified by the
Medical Examining Board in the Department of Regulation and Licensing (DRL) and
registered nurses licensed by the Board of Nursing in DRL.
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 eight activities described above
with respect to employment discrimination based on creed. Under the bill,
provisions that currently apply to hospitals and hospital employees also apply to
health care facilities and health care facility employees. The bill defines "health care
facility" as a public or private entity that provides health care services, including, but
not limited to, hospitals, clinics, nursing homes, and medical schools. 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 attorney fees.
The bill prohibits a plaintiff in such an action from recovering noneconomic damages.
The bill expressly permits such actions to be brought against the state and any
department, agency, authority, or other body in state government. Also, the bill
provides that pharmacists licensed by the Pharmacy Examining Board in DRL are
exempt from liability for damages that result from a refusal to participate in any of
the eight activities if the refusal is based on religious or moral precepts. Further, 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.
The bill prohibits disciplinary action by the Medical Examining Board, Board
of Nursing, Pharmacy Examining Board, or DRL against any of the following who,
in writing, refuse, or indicate an intention to refuse to participate in any of the eight
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, a
registered nurse licensed by the Board of Nursing, or a pharmacist licensed by the
Pharmacy Examining Board. With regard to discipline against physicians, the bill
leaves intact current law providing that it is unprofessional conduct if a physician
refuses to comply with a declaration to physician instrument, power of attorney for
health care instrument, or decision of a health care agent, but fails to make a good
faith effort to transfer the patient to another physician who will comply. In addition,
the bill allows a physician, registered nurse, or pharmacist who is adversely affected
by conduct that violates the prohibition on discipline to bring a civil action for
injunctive relief, damages, and attorneys' fees.
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:
AB207, s. 1 1Section 1. 111.337 (1) of the statutes is renumbered 111.337 (1r) (intro.) and
2amended to read:
AB207,4,2
1111.337 (1r) (intro.) Employment discrimination because of creed includes, but
2is not limited to, refusing any of the following:
AB207,4,6 3(a) Refusing to reasonably accommodate an employee's or prospective
4employee's religious observance or practice unless the employer can demonstrate
5that the accommodation would pose an undue hardship on the employer's program,
6enterprise, or business.
AB207, s. 2 7Section 2. 111.337 (1g) of the statutes is created to read:
AB207,4,88 111.337 (1g) In this section:
AB207,4,139 (a) "Human embryo" means a human organism that is derived by fertilization,
10parthenogenesis, cloning, or any other means from one or more human gametes or
11human diploid cells. "Human embryo" includes a zygote but does not include a
12human organism at or beyond the stage of development at which the major body
13structures are present.
AB207,4,1514 (b) "In vitro human embryo" means a human embryo, whether cryopreserved
15or not, living outside of a woman's body.
AB207,4,1916 (c) "Participate in" means to perform; practice; engage in; assist in; recommend;
17counsel in favor of; make referrals for; prescribe, dispense, or administer drugs or
18devices, other than contraceptive articles, as defined in s. 450.155 (1) (a), for; or
19otherwise promote or encourage.
AB207, s. 3 20Section 3. 111.337 (1r) (b) of the statutes is created to read:
AB207,4,2521 111.337 (1r) (b) Discriminating against an employee or prospective employee
22by engaging in any of the actions prohibited under s. 111.322 on the basis of the
23employee's or prospective employee's refusal, or statement of an intention to refuse,
24whether or not in writing, based on his or her creed, to participate in any of the
25following:
AB207,5,1
11. A sterilization procedure.
AB207,5,22 2. An abortion, as defined in s. 253.10 (2) (a).
AB207,5,43 3. An experiment or medical procedure that destroys an in vitro human embryo
4or uses cells or tissue derived from the destruction of an in vitro human embryo.
AB207,5,65 4. An experiment or medical procedure on an in vitro human embryo that is not
6related to the beneficial treatment of the in vitro human embryo.
AB207,5,97 5. An experiment or medical procedure on a developing child in an artificial
8womb, at any stage of development, that is not related to the beneficial treatment of
9the developing child.
AB207,5,1210 6. A procedure, including a transplant procedure, that uses fetal tissue or
11organs other than fetal tissue or organs from a stillbirth, spontaneous abortion, or
12miscarriage.
AB207,5,1513 7. Intentionally causing the death of an individual who is not in a terminal
14condition, as defined in s. 154.01 (8), by withholding or withdrawing nutrition or
15hydration.
AB207,5,1716 8. An act that intentionally causes or assists in causing the death of an
17individual by assisted suicide, euthanasia, or mercy killing.
AB207, s. 4 18Section 4. 111.337 (1w) of the statutes is created to read:
AB207,5,2119 111.337 (1w) Nothing in sub. (1r) (b) shall be construed to limit the right of an
20employee or prospective employee to seek redress under sub. (1r) (a) or s. 111.337 (1),
212003 stats., for acts of employment discrimination against him or her based on creed.
AB207, s. 5 22Section 5. 253.09 (title) of the statutes is amended to read:
AB207,5,24 23253.09 (title) Abortion refused Refusal to participate in certain
24practices
; no liability; no discrimination.
AB207, s. 6
1Section 6. 253.09 (1) of the statutes is renumbered 253.09 (1r) (a) (intro.) and
2amended to read:
AB207,6,63 253.09 (1r) (a) (intro.) No hospital shall be health care facility is required to
4admit any patient or to allow the use of the hospital facilities health care facility for
5the purpose of performing a sterilization procedure or removing a human embryo
6or fetus.
any of the following:
AB207,6,14 7(b) A physician or any other person who is a member of or associated with the
8staff of a hospital health care facility, or any employee of a hospital health care
9facility
in which such a procedure the performance of an activity specified in par. (a)
101. to 8.
has been authorized, who shall state in writing his or her objection to the
11performance of or providing assistance to such a procedure
, in writing, refuses, or
12states an intention to refuse, to participate in the activity
on moral or religious
13grounds shall may not be required to participate in such medical procedure, and the
14activity.
AB207,6,21 15(c) A physician or any other person who is a member of or associated with the
16staff of a health care facility, or any employee of a health care facility, is immune from
17liability for any damage caused by, and may not be subjected to any disciplinary or
18recriminatory action based on,
the refusal of any such the person to participate
19therein shall not form the basis of any claim for damages on account of such refusal
20or for any disciplinary or recriminatory action against such person
in an activity
21specified in par. (a) 1. to 8. on moral or religious grounds
.
AB207, s. 7 22Section 7. 253.09 (1g) of the statutes is created to read:
AB207,6,2323 253.09 (1g) In this section:
AB207,7,524 (a) "Health care facility" means any public or private organization, corporation,
25authority, partnership, sole proprietorship, association, agency, network, joint

1venture, or other entity that is involved in providing health care services, including
2a hospital, clinic, medical center, ambulatory surgical center, private physician's
3office, pharmacy, nursing home, university hospital, medical school, nursing school,
4medical training facility, inpatient health care facility, as defined in s. 252.14 (1) (d),
5or other place where health care services are provided.
AB207,7,106 (b) "Human embryo" means a human organism that is derived by fertilization,
7parthenogenesis, cloning, or any other means from one or more human gametes or
8human diploid cells. "Human embryo" includes a zygote but does not include a
9human organism at or beyond the stage of development at which the major body
10structures are present.
AB207,7,1211 (c) "In vitro human embryo" means a human embryo, whether cryopreserved
12or not, living outside of a woman's body.
AB207,7,1613 (d) "Participate in" means to perform; practice; engage in; assist in;
14recommend; counsel in favor of; make referrals for; prescribe, dispense, or
15administer drugs or devices, other than contraceptive articles, as defined in s.
16450.155 (1) (a), for; or otherwise promote or encourage.
AB207, s. 8 17Section 8. 253.09 (1r) (a) 1. to 8. of the statutes are created to read:
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