AB324: Bill Text

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 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. 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:

AB324, s. 1 Section 1. 111.337 (1) of the statutes is renumbered 111.337 (1r) (intro.) and amended to read:

AB324,3,4 111.337 (1r) (intro.) Employment discrimination because of creed includes, but is not limited to, refusing any of the following:

AB324,3,8 (a) Refusing to reasonably accommodate an employe's or prospective employe'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.

AB324, s. 2 Section 2. 111.337 (1g) of the statutes is created to read:

AB324,3,10 111.337 (1g) In this section:

AB324,3,11 (a) "Health care provider" means any of the following:

AB324,3,14 1. An individual licensed, registered, permitted or certified by the department of health and family services or the department of regulation and licensing to provide health care services in this state.

AB324,4,2 2. An individual who provides health care services as directed, supervised or inspected by an individual specified in subd. 1.

AB324,4,5 (b) "Human embryo" includes any organism that is derived by fertilization, parthenogenesis, cloning, or any other means from one or more human gametes or human diploid cells.

AB324,4,8 (c) "Participate in" means to perform, assist in, recommend, counsel in favor of, make referrals for, prescribe, dispense or administer drugs for, or otherwise promote, encourage or aid.

AB324, s. 3 Section 3. 111.337 (1r) (b) of the statutes is created to read:

AB324,4,13 111.337 (1r) (b) Discriminating against any health care provider by engaging in any of the actions prohibited under s. 111.322 on the basis of the health care provider'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:

AB324,4,14 1. A sterilization procedure.

AB324,4,16 2. A procedure involving a drug or device that may prevent the implantation of a fertilized human ovum.

AB324,4,17 3. An abortion, as defined in s. 253.10 (2) (a).

AB324,4,18 4. An experiment or medical procedure involving any of the following:

AB324,4,19 a. The destruction of a human embryo.

AB324,4,22 b. A human embryo or unborn child, at any stage of development, in which the experiment or procedure is not related to the beneficial treatment of the human embryo or unborn child.

AB324,4,25 5. 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.

AB324,5,2 6. The withholding or withdrawal of nutrition or hydration, unless the administration of nutrition or hydration is medically contraindicated.

AB324,5,4 7. An act that causes or assists in causing the death of an individual, such as by assisted suicide, euthanasia or mercy killing.

AB324, s. 4 Section 4. 253.09 (title) of the statutes is amended to read:

AB324,5,7 253.09 (title) Abortion refused Refusal to participate in certain practices; no liability; no discrimination.

AB324, s. 5 Section 5. 253.09 (1) of the statutes is renumbered 253.09 (1r) (a) (intro.) and amended to read:

AB324,5,12 253.09 (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:

AB324,5,19 (b) A physician or any other person who is a member of or associated with the staff of a hospital, or any employe of a hospital in which such a procedure the performance of an activity specified in par. (a) 1. to 7. 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 not be required to participate in such medical procedure, and the activity.

AB324,6,2 (c) A physician or any other person who is a member of or associated with the staff of a hospital, or any employe 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 7. on moral or religious grounds.

AB324, s. 6 Section 6. 253.09 (1g) of the statutes is created to read:

AB324,6,4 253.09 (1g) In this section:

AB324,6,7 (a) "Human embryo" includes any organism that is derived by fertilization, parthenogenesis, cloning, or any other means from one or more human gametes or human diploid cells.

AB324,6,10 (b) "Participate in" means to perform, assist in, recommend, counsel in favor of, make referrals for, prescribe, dispense or administer drugs for, or otherwise promote, encourage or aid.

AB324, s. 7 Section 7. 253.09 (1r) (a) 1. to 7. of the statutes are created to read:

AB324,6,12 253.09 (1r) (a) 1. A sterilization procedure.

AB324,6,14 2. A procedure involving a drug or device that may prevent the implantation of a fertilized human ovum.

AB324,6,15 3. An abortion, as defined in s. 253.10 (2) (a).

AB324,6,16 4. An experiment or medical procedure involving any of the following:

AB324,6,17 a. The destruction of a human embryo.

AB324,6,20 b. A human embryo or unborn child, at any stage of development, in which the experiment or procedure is not related to the beneficial treatment of the human embryo or unborn child.

AB324,6,23 5. 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.

AB324,6,25 6. The withholding or withdrawal of nutrition or hydration, unless the administration of nutrition or hydration is medically contraindicated.

AB324,7,2 7. An act that causes or assists in causing the death of an individual, such as by assisted suicide, euthanasia or mercy killing.

AB324, s. 8 Section 8. 253.09 (2) of the statutes is amended to read:

AB324,7,8 253.09 (2) No A hospital or employe 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 7., if the refusal is based on religious or moral precepts.

AB324, s. 9 Section 9. 253.09 (3) of the statutes is amended to read:

AB324,7,16 253.09 (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 7., if the refusal is based on religious or moral precepts.

AB324, s. 10 Section 10. 253.09 (4) (a) of the statutes is amended to read:

AB324,7,22 253.09 (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 7., 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

AB324, s. 11 Section 11. 253.09 (4) (b) 1. of the statutes is amended to read:

AB324,8,3 253.09 (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 7., 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

AB324, s. 12 Section 12. 253.09 (4) (b) 2. of the statutes is amended to read:

AB324,8,10 253.09 (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 7., 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.

AB324, s. 13 Section 13. 441.06 (title) of the statutes is amended to read:

AB324,8,12 441.06 (title) Licensure; civil liability and disciplinary exemption.

AB324, s. 14 Section 14. 441.06 (6) of the statutes is renumbered 441.06 (6) (b) (intro.) and amended to read:

AB324,8,21 441.06 (6) (b) (intro.) No A person licensed as a registered nurse under this section is liable for any civil damages resulting from immune from liability for any damage caused by his or her refusal to perform sterilization procedures or to remove or aid in the removal of a human embryo or fetus from a person, assist in, recommend, counsel in favor of, make referrals for, prescribe, dispense or administer drugs for, or otherwise promote, encourage or aid any of the following, if the refusal is based on religious or moral precepts.:

AB324, s. 15 Section 15. 441.06 (6) (a) of the statutes is created to read:

AB324,8,25 441.06 (6) (a) In this subsection, "human embryo" includes any organism that is derived by fertilization, parthenogenesis, cloning, or any other means from one or more human gametes or human diploid cells.

AB324, s. 16 Section 16. 441.06 (6) (b) 1. to 7. of the statutes are created to read:

AB324,9,2 441.06 (6) (b) 1. A sterilization procedure.

AB324,9,4 2. A procedure involving a drug or device that may prevent the implantation of a fertilized human ovum.

AB324,9,5 3. An abortion, as defined in s. 253.10 (2) (a).

AB324,9,6 4. An experiment or medical procedure involving any of the following:

AB324,9,7 a. The destruction of a human embryo.

AB324,9,10 b. A human embryo or unborn child, at any stage of development, in which the experiment or procedure is not related to the beneficial treatment of the human embryo or unborn child.

AB324,9,13 5. 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.

AB324,9,15 6. The withholding or withdrawal of nutrition or hydration, unless the administration of nutrition or hydration is medically contraindicated.

AB324,9,17 7. An act that causes or assists in causing the death of an individual, such as by assisted suicide, euthanasia or mercy killing.

AB324, s. 17 Section 17. 441.06 (7) of the statutes is created to read:

AB324,9,24 441.06 (7) A person licensed as a registered nurse under this section who, in writing, refuses, or states an intention to refuse, on moral or religious grounds to engage in a practice of professional nursing that is related to an activity specified in sub. (6) (b) 1. to 7. shall not be required to engage in the practice with respect to the activity and may not be disciplined by the board or the department for refusing or stating an intention to refuse to engage in the practice with respect to the activity.

AB324, s. 18 Section 18. 448.03 (5) (title) of the statutes is amended to read:

AB324,10,2 448.03 (5) (title) Civil liability and disciplinary exemption; certain medical procedures and reports.

AB324, s. 19 Section 19. 448.03 (5) (a) of the statutes is renumbered 448.03 (5) (ar) (intro.) and amended to read:

AB324,10,11 448.03 (5) (ar) (intro.) No A person licensed or certified under this subchapter shall be liable for any civil damages resulting from such is immune from liability for any damage caused by the person's refusal to perform sterilization procedures or to remove or aid in the removal of a human embryo or fetus from a person if such, assist in, recommend, counsel in favor of, make referrals for, prescribe, dispense or administer drugs for, or otherwise promote, encourage or aid any of the following if the refusal is based on religious or moral precepts. :

AB324, s. 20 Section 20. 448.03 (5) (ag) of the statutes is created to read:

AB324,10,15 448.03 (5) (ag) In this subsection, "human embryo" includes any organism that is derived by fertilization, parthenogenesis, cloning, or any other means from one or more human gametes or human diploid cells.

AB324, s. 21 Section 21. 448.03 (5) (am) of the statutes is created to read:

AB324,10,23 448.03 (5) (am) A person licensed or certified under this subchapter who, in writing, refuses, or states an intention to refuse, on moral or religious grounds to engage in a practice within the scope of his or her license or certification that is related to an activity specified in par. (ar) 1. to 7. shall not be required to engage in the practice with respect to the activity and, notwithstanding s. 154.07 (1) (a) 3. or 155.50 (1) (b), may not be disciplined by the board or the department for refusing or stating an intention to refuse to engage in the practice with respect to the activity.

AB324, s. 22 Section 22. 448.03 (5) (ar) 1. to 7. of the statutes are created to read:

AB324,10,25 448.03 (5) (ar) 1. A sterilization procedure.

AB324,11,2 2. A procedure involving a drug or device that may prevent the implantation of a fertilized human ovum.

AB324,11,3 3. An abortion, as defined in s. 253.10 (2) (a).

AB324,11,4 4. An experiment or medical procedure involving any of the following:

AB324,11,5 a. The destruction of a human embryo.

AB324,11,8 b. A human embryo or unborn child, at any stage of development, in which the experiment or procedure is not related to the beneficial treatment of the human embryo or unborn child.

AB324,11,11 5. 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.