LRB-3843/3
MDK:jlg&mfd:ijs
1997 - 1998 LEGISLATURE
March 26, 1998 - Introduced by Representatives Walker, Owens, Green,
Handrick, Ryba, Spillner, Albers, Staskunas, Seratti, Sykora, Gunderson,
Otte, Lorge, Grothman, Hutchison, Nass, Underheim, F. Lasee, Ott,
Huebsch, Wieckert, Duff and Lazich, cosponsored by Senators Roessler,
Farrow, Fitzgerald, Drzewiecki, Schultz and Welch. Referred to Committee
on Health.
AB953,1,9
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), 253.09 (1g), 253.09 (1r) (a) 1. to 7., 441.06 (6) (a) to (g),
5441.06 (7), 448.03 (5) (a) 1. to 7., 448.03 (5) (am) and 450.135 of the statutes;
6relating to: employment discrimination based on creed and exemption from
7liability and discipline for physicians, nurses, pharmacists, other health care
8providers and hospital employes who refuse to participate in sterilization,
9abortion, assisted suicide and other procedures on moral or religious grounds.
Analysis by the Legislative Reference Bureau
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 employe's or prospective employe'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 a health care provider on the basis of his or her
written refusal, based on creed, to participate in any of the following activities: 1)
sterilization procedures; 2) certain procedures that prevent the implantation of a
fertilized human ovum; 3) abortions; 4) experiments or medical procedures that
involve the destruction of a human embryo or that involve a human embryo or
unborn child but do not relate to the beneficial treatment of the human embryo or
unborn child; 5) procedures using fetal tissue or organs; 6) withholding or
withdrawing nutrition or hydration under certain circumstances; or 7) acts causing
or assisting in the death of an individual, including assisted suicide, euthanasia or
mercy killing. There is no exception for an employer to show that the refusal poses
an undue hardship.
Under current law, hospitals, certain health care professionals and hospital
employes 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 employes
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 any 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 (DORL) and
registered nurses licensed by the board of nursing in DORL.
This bill expands all of the provisions described above regarding hospitals,
health care professionals and hospital employes to include a refusal to participate,
based on moral or religious grounds, in any of the 7 activities described above with
respect to employment discrimination based on creed. 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 7 activities
if the refusal is based on religious or moral precepts, in addition to physicians and
other health care professionals licensed or certified by the medical examining board
and registered nurses licensed by the board of nursing.
Finally, 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 7 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. 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. Under current law,
under certain circumstances, a physician who refuses to transfer such a patient to
another physician is subject to discipline for unprofessional conduct.
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:
AB953, s. 1
1Section
1. 111.337 (1) of the statutes is renumbered 111.337 (1r) (intro.) and
2amended to read:
AB953,3,43
111.337
(1r) (intro.) Employment discrimination because of creed includes, but
4is not limited to,
refusing any of the following:
AB953,3,8
5(a) Refusing to reasonably accommodate an employe's or prospective employe's
6religious observance or practice unless the employer can demonstrate that the
7accommodation would pose an undue hardship on the employer's program,
8enterprise or business.
AB953, s. 2
9Section
2. 111.337 (1g) of the statutes is created to read:
AB953,3,1010
111.337
(1g) In this section:
AB953,3,1111
(a) "Health care provider" means any of the following:
AB953,3,1412
1. An individual licensed, registered, permitted or certified by the department
13of health and family services or the department of regulation and licensing to provide
14health care services in this state.
AB953,3,1615
2. An individual who provides health care services as directed, supervised or
16inspected by an individual specified in subd. 1.
AB953,4,3
1(b) "Participate in" means to perform, assist in, counsel in favor of, make
2referrals for, prescribe, dispense or administer drugs for, or otherwise promote,
3encourage or aid.
AB953, s. 3
4Section
3. 111.337 (1r) (b) of the statutes is created to read:
AB953,4,85
111.337
(1r) (b) Discriminating against any health care provider by engaging
6in any of the actions prohibited under s. 111.322 on the basis of the health care
7provider's written refusal, or written statement of an intention to refuse, based on
8his or her creed, to participate in any of the following:
AB953,4,99
1. A sterilization procedure.
AB953,4,1110
2. A procedure involving a drug or device that may prevent the implantation
11of a fertilized human ovum.
AB953,4,1212
3. An abortion, as defined in s. 253.10 (2) (a).
AB953,4,1313
4. An experiment or medical procedure involving any of the following:
AB953,4,1414
a. The destruction of a human embryo.
AB953,4,1715
b. A human embryo or unborn child, at any stage of development, including a
16fertilized human ovum, in which the experiment or procedure is not related to the
17beneficial treatment of the human embryo or unborn child.
AB953,4,1918
5. A procedure that uses fetal tissue or organs, including a transplant
19procedure.
AB953,4,2120
6. The withholding or withdrawal of nutrition or hydration, unless the
21administration of nutrition or hydration is medically contraindicated.
AB953,4,2322
7. An act that causes or assists in causing the death of an individual, such as
23by assisted suicide, euthanasia or mercy killing.
AB953, s. 4
24Section
4. 253.09 (title) of the statutes is amended to read:
AB953,5,2
1253.09 (title)
Abortion refused Refusal to participate in certain
2practices; no liability; no discrimination.
AB953, s. 5
3Section
5. 253.09 (1) of the statutes is renumbered 253.09 (1r) (a) (intro.) and
4amended to read:
AB953,5,75
253.09
(1r) (a) (intro.) No hospital
shall be is required to admit any patient or
6to allow the use of the hospital facilities for the purpose of performing
a sterilization
7procedure or removing a human embryo or fetus. any of the following:
AB953,5,14
8(b) A physician or any other person who is a member of or associated with the
9staff of a hospital, or any employe of a hospital in which
such a procedure the
10performance of an activity specified in par. (a) 1. to 7. has been authorized, who
shall
11state in writing his or her objection to the performance of or providing assistance to
12such a procedure, in writing, refuses, or states an intention to refuse, to participate
13in the activity on moral or religious grounds shall not be required to participate in
14such medical procedure, and the activity.
AB953,5,21
15(c) A physician or any other person who is a member of or associated with the
16staff of a hospital, or any employe of a hospital, is immune from liability for any
17damage caused by, and may not be subjected to any disciplinary or recriminatory
18action based on, the refusal of
any such the person to participate
therein shall not
19form the basis of any claim for damages on account of such refusal or for any
20disciplinary or recriminatory action against such person in an activity specified in
21par. (a) 1. to 7. on moral or religious grounds.
AB953, s. 6
22Section
6. 253.09 (1g) of the statutes is created to read:
AB953,5,2523
253.09
(1g) In this section, "participate in" means to perform, assist in, counsel
24in favor of, make referrals for, prescribe, dispense or administer drugs for, or
25otherwise promote, encourage or aid.
AB953, s. 7
1Section
7. 253.09 (1r) (a) 1. to 7. of the statutes are created to read:
AB953,6,22
253.09
(1r) (a) 1. A sterilization procedure.
AB953,6,43
2. A procedure involving a drug or device that may prevent the implantation
4of a fertilized human ovum.
AB953,6,55
3. An abortion, as defined in s. 253.10 (2) (a).
AB953,6,66
4. An experiment or medical procedure involving any of the following:
AB953,6,77
a. The destruction of a human embryo.
AB953,6,108
b. A human embryo or unborn child, at any stage of development, including a
9fertilized human ovum, in which the experiment or procedure is not related to the
10beneficial treatment of the human embryo or unborn child.
AB953,6,1211
5. A procedure that uses fetal tissue or organs, including a transplant
12procedure.
AB953,6,1413
6. The withholding or withdrawal of nutrition or hydration, unless the
14administration of nutrition or hydration is medically contraindicated.
AB953,6,1615
7. An act that causes or assists in causing the death of an individual, such as
16by assisted suicide, euthanasia or mercy killing.
AB953, s. 8
17Section
8. 253.09 (2) of the statutes is amended to read:
AB953,6,2218
253.09
(2) No A hospital or employe of
any a hospital
shall be liable for any civil
19damages resulting from is immune from liability for any damage caused by a refusal
20to
perform sterilization procedures or remove a human embryo or fetus from a
21person, if such participate in an activity specified in sub. (1r) (a) 1. to 7., if the refusal
22is based on religious or moral precepts.
AB953, s. 9
23Section
9. 253.09 (3) of the statutes is amended to read:
AB953,7,524
253.09
(3) No hospital, school or employer may discriminate against any
25person with regard to admission, hiring or firing, tenure, term, condition or privilege
1of employment, student status or staff status on the ground that the person
, in
2writing, refuses
to recommend, aid or perform procedures for sterilization or the
3removal of a human embryo or fetus, or states an intention to refuse, to participate
4in an activity specified in sub. (1r) (a) 1. to 7., if the refusal is based on religious or
5moral precepts.
AB953, s. 10
6Section
10. 253.09 (4) (a) of the statutes is amended to read:
AB953,7,117
253.09
(4) (a) Such individual to
perform or assist in the performance of any 8sterilization procedure or removal of a human embryo or fetus participate in an
9activity specified in sub. (1r) (a) 1. to 7., if the individual's
performance or assistance
10participation in the
performance of such a procedure would be activity is contrary to
11the individual's religious beliefs or moral convictions; or
AB953, s. 11
12Section
11. 253.09 (4) (b) 1. of the statutes is amended to read: