2003 - 2004 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2003 ASSEMBLY BILL 67
April 21, 2003 - Offered by Representative Hundertmark.
AB67-ASA1,1,12
1An Act to renumber and amend 111.337 (1), 253.09 (1), 441.06 (6) and 448.03
2(5) (a);
to amend 154.03 (1) (intro.), 155.60 (3), 253.09 (title), 253.09 (2), 253.09
3(3), 253.09 (4) (a), 253.09 (4) (b) 1., 253.09 (4) (b) 2., 441.06 (title) and 448.03 (5)
4(title); and
to create 111.337 (1g), 111.337 (1r) (b), 253.09 (1g), 253.09 (1r) (a)
51. to 8., 253.09 (5), 441.06 (6) (a), 441.06 (6) (b) 1. to 8., 441.06 (7), 441.06 (8),
6448.03 (5) (ag), 448.03 (5) (am) 1. to 8., 448.03 (5) (ao), 448.03 (5) (ar) and
7450.135 of the statutes;
relating to: employment discrimination based on
8creed; exemption from liability and discipline for health care providers and
9hospital employees who refuse to participate in sterilization, abortion, assisted
10suicide, and other procedures on moral or religious grounds; and power of
11attorney for health care instruments and patient declarations regarding the
12withholding or withdrawal of life-sustaining procedures or feeding tubes.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB67-ASA1, s. 1
1Section
1. 111.337 (1) of the statutes is renumbered 111.337 (1r) (intro.) and
2amended to read:
AB67-ASA1,2,43
111.337
(1r) (intro.) Employment discrimination because of creed includes, but
4is not limited to,
refusing any of the following:
AB67-ASA1,2,8
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.
AB67-ASA1, s. 2
9Section
2. 111.337 (1g) of the statutes is created to read:
AB67-ASA1,2,1010
111.337
(1g) In this section:
AB67-ASA1,2,1511
(a) "Human embryo" means a human organism that is derived by fertilization,
12parthenogenesis, cloning, or any other means from one or more human gametes or
13human diploid cells. "Human embryo" includes a zygote but does not include a
14human organism at or beyond the stage of development at which the major body
15structures are present.
AB67-ASA1,2,1716
(b) "In vitro human embryo" means a human embryo, whether cryopreserved
17or not, living outside of a woman's body.
AB67-ASA1,2,2118
(c) "Participate in" means to perform; practice; engage in; assist in; recommend;
19counsel in favor of; make referrals for; prescribe, dispense, or administer drugs or
20devices, other than contraceptive articles, as defined in s. 450.155 (1) (a), for; or
21otherwise promote, encourage, or aid.
AB67-ASA1, s. 3
22Section
3. 111.337 (1r) (b) of the statutes is created to read:
AB67-ASA1,3,223
111.337
(1r) (b) Discriminating against an employee or prospective employee
24by engaging in any of the actions prohibited under s. 111.322 on the basis of the
25employee's or prospective employee's refusal, or statement of an intention to refuse,
1whether or not in writing, based on his or her creed, to participate in any of the
2following:
AB67-ASA1,3,33
1. A sterilization procedure.
AB67-ASA1,3,44
2. An abortion, as defined in s. 253.10 (2) (a).
AB67-ASA1,3,65
3. An experiment or medical procedure that destroys an in vitro human embryo
6or uses cells or tissue derived from the destruction of an in vitro human embryo.
AB67-ASA1,3,87
4. An experiment or medical procedure on an in vitro human embryo that is not
8related to the beneficial treatment of the in vitro human embryo.
AB67-ASA1,3,119
5. An experiment or medical procedure on a developing child in a natural or
10artificial womb, at any stage of development, that is not related to the beneficial
11treatment of the developing child.
AB67-ASA1,3,1412
6. A procedure, including a transplant procedure, that uses fetal tissue or
13organs other than fetal tissue or organs from a stillbirth, spontaneous abortion, or
14miscarriage.
AB67-ASA1,3,1915
7. The withholding or withdrawal of nutrition or hydration, if the withholding
16or withdrawal of nutrition or hydration would result in the patient's death from
17malnutrition or dehydration, or complications of malnutrition or dehydration, rather
18than from the underlying terminal illness or injury, unless the administration of
19nutrition or hydration is medically contraindicated.
AB67-ASA1,3,2120
8. An act that intentionally causes or assists in causing the death of an
21individual, such as by assisted suicide, euthanasia, or mercy killing.
AB67-ASA1, s. 4
22Section
4. 154.03 (1) (intro.) of the statutes is amended to read:
AB67-ASA1,4,2323
154.03
(1) (intro.) Any person of sound mind and 18 years of age or older may
24at any time voluntarily execute a declaration, which shall take effect on the date of
25execution, authorizing the withholding or withdrawal of life-sustaining procedures
1or of feeding tubes when the person is in a terminal condition or is in a persistent
2vegetative state. A declarant may not authorize the withholding or withdrawal of
3any medication, life-sustaining procedure
, or feeding tube if the declarant's
4attending physician advises that, in his or her professional judgment, the
5withholding or withdrawal will cause the declarant pain or reduce the declarant's
6comfort and the pain or discomfort cannot be alleviated through pain relief
7measures. A declarant may not authorize the withholding or withdrawal of nutrition
8or hydration that is administered or otherwise received by the declarant through
9means other than a feeding tube unless the declarant's attending physician advises
10that, in his or her professional judgment, the administration is medically
11contraindicated. A declaration must be signed by the declarant in the presence of 2
12witnesses. If the declarant is physically unable to sign a declaration, the declaration
13must be signed in the declarant's name by one of the witnesses or some other person
14at the declarant's express direction and in his or her presence; such a proxy signing
15shall either take place or be acknowledged by the declarant in the presence of 2
16witnesses. The declarant is responsible for notifying his or her attending physician
17of the existence of the declaration.
An attending physician who is so notified shall
18immediately review the declaration and, if the physician intends to invoke his or her
19rights under s. 253.09, shall, as soon as possible, inform the declarant orally and in
20writing of that intent and of the physician's concerns, if any, about the declaration. 21An attending physician who is so notified shall
also make the declaration a part of
22the declarant's medical records. No witness to the execution of the declaration may,
23at the time of the execution, be any of the following:
AB67-ASA1, s. 5
24Section
5. 155.60 (3) of the statutes is amended to read:
AB67-ASA1,5,10
1155.60
(3) Upon receipt of a power of attorney for health care instrument or a
2statement of incapacity under s. 155.05 (2), a health care facility or health care
3provider shall acknowledge this receipt in writing and, if the principal is a patient
4of the health care provider, the health care provider shall include the instrument or
5the statement in the medical record of the principal.
In addition, if the health care
6provider is a physician and the principal is a patient of the physician, the physician
7shall immediately review the instrument or statement and, if the physician intends
8to invoke his or her rights under s. 253.09, shall, as soon as possible, inform the
9principal orally and in writing of that intent and of the physician's concerns, if any,
10about the instrument or statement.
AB67-ASA1, s. 6
11Section
6. 253.09 (title) of the statutes is amended to read:
AB67-ASA1,5,13
12253.09 (title)
Abortion refused Refusal to participate in certain
13practices; no liability; no discrimination.
AB67-ASA1, s. 7
14Section
7. 253.09 (1) of the statutes is renumbered 253.09 (1r) (a) (intro.) and
15amended to read:
AB67-ASA1,5,1816
253.09
(1r) (a) (intro.) No hospital
shall be is required to admit any patient or
17to allow the use of the hospital facilities for the purpose of performing
a sterilization
18procedure or removing a human embryo or fetus. any of the following:
AB67-ASA1,5,25
19(b) A physician or any other person who is a member of or associated with the
20staff of a hospital, or any employee of a hospital in which
such a procedure the
21performance of an activity specified in par. (a) 1. to 8. has been authorized, who
shall
22state in writing his or her objection to the performance of or providing assistance to
23such a procedure, in writing, refuses, or states an intention to refuse, to participate
24in the activity on moral or religious grounds
shall may not be required to participate
25in
such medical procedure, and the activity.
AB67-ASA1,6,7
1(c) A physician or any other person who is a member of or associated with the
2staff of a hospital, or any employee of a hospital, is immune from liability for any
3damage caused by, and may not be subjected to any disciplinary or recriminatory
4action based on, the refusal of
any such the person to participate
therein shall not
5form the basis of any claim for damages on account of such refusal or for any
6disciplinary or recriminatory action against such person in an activity specified in
7par. (a) 1. to 8. on moral or religious grounds.
AB67-ASA1, s. 8
8Section
8. 253.09 (1g) of the statutes is created to read:
AB67-ASA1,6,99
253.09
(1g) In this section:
AB67-ASA1,6,1410
(a) "Human embryo" means a human organism that is derived by fertilization,
11parthenogenesis, cloning, or any other means from one or more human gametes or
12human diploid cells. "Human embryo" includes a zygote but does not include a
13human organism at or beyond the stage of development at which the major body
14structures are present.
AB67-ASA1,6,1615
(b) "In vitro human embryo" means a human embryo, whether cryopreserved
16or not, living outside of a woman's body.
AB67-ASA1,6,2017
(c) "Participate in" means to perform; practice; engage in; assist in; recommend;
18counsel in favor of; make referrals for; prescribe, dispense, or administer drugs or
19devices, other than contraceptive articles, as defined in s. 450.155 (1) (a), for; or
20otherwise promote, encourage, or aid.
AB67-ASA1, s. 9
21Section
9. 253.09 (1r) (a) 1. to 8. of the statutes are created to read:
AB67-ASA1,6,2222
253.09
(1r) (a) 1. A sterilization procedure.
AB67-ASA1,6,2323
2. An abortion, as defined in s. 253.10 (2) (a).
AB67-ASA1,6,2524
3. An experiment or medical procedure that destroys an in vitro human embryo
25or uses cells or tissue derived from the destruction of an in vitro human embryo.
AB67-ASA1,7,2
14. An experiment or medical procedure on an in vitro human embryo that is not
2related to the beneficial treatment of the in vitro human embryo.
AB67-ASA1,7,53
5. An experiment or medical procedure on a developing child in a natural or
4artificial womb, at any stage of development, that is not related to the beneficial
5treatment of the developing child.
AB67-ASA1,7,86
6. A procedure, including a transplant procedure, that uses fetal tissue or
7organs other than fetal tissue or organs from a stillbirth, spontaneous abortion, or
8miscarriage.
AB67-ASA1,7,139
7. The withholding or withdrawal of nutrition or hydration, if the withholding
10or withdrawal of nutrition or hydration would result in the patient's death from
11malnutrition or dehydration, or complications of malnutrition or dehydration, rather
12than from the underlying terminal illness or injury, unless the administration of
13nutrition or hydration is medically contraindicated.
AB67-ASA1,7,1514
8. An act that intentionally causes or assists in causing the death of an
15individual, such as by assisted suicide, euthanasia, or mercy killing.
AB67-ASA1,7,2117
253.09
(2) No A hospital or employee of
any a hospital
shall be liable for any
18civil damages resulting from is immune from liability for any damage caused by a
19refusal to
perform sterilization procedures or remove a human embryo or fetus from
20a person, if such participate in an activity specified in sub. (1r) (a) 1. to 8., if the 21refusal is based on religious or moral precepts.
AB67-ASA1,8,423
253.09
(3) No hospital, school
, or employer may discriminate against any
24person with regard to admission, hiring or firing, tenure, term, condition
, or privilege
25of employment, student status
, or staff status on the ground that the person refuses
1to recommend, aid or perform procedures for sterilization or the removal of a human
2embryo or fetus, or states an intention to refuse, whether or not in writing, to
3participate in an activity specified in sub. (1r) (a) 1. to 8., if the refusal is based on
4religious or moral precepts.
AB67-ASA1, s. 12
5Section
12. 253.09 (4) (a) of the statutes is amended to read:
AB67-ASA1,8,106
253.09
(4) (a) Such individual to
perform or assist in the performance of any 7sterilization procedure or removal of a human embryo or fetus participate in an
8activity specified in sub. (1r) (a) 1. to 8., if the individual's
performance or assistance
9participation in the
performance of such a procedure would be activity is contrary to
10the individual's religious beliefs or moral convictions; or
AB67-ASA1, s. 13
11Section
13. 253.09 (4) (b) 1. of the statutes is amended to read:
AB67-ASA1,8,1612
253.09
(4) (b) 1. Make its facilities available for
the performance of any
13sterilization procedure or removal of a human embryo or fetus
an individual to
14participate in an activity specified in sub. (1r) (a) 1. to 8., if the
performance of such
15a procedure in such facilities is prohibited by the entity
prohibits the activity from
16taking place in the facilities on the basis of religious beliefs or moral convictions; or
AB67-ASA1, s. 14
17Section
14. 253.09 (4) (b) 2. of the statutes is amended to read:
AB67-ASA1,8,2318
253.09
(4) (b) 2. Provide any personnel
for the performance or assistance in the
19performance of any sterilization procedure or assistance to participate in an activity
20specified in sub. (1r) (a) 1. to 8., if the
performance or assistance in the performance
21of such procedure or the removal of a human embryo or fetus by such personnel would
22be activity is contrary to the religious beliefs or moral convictions of
such the 23personnel.
AB67-ASA1,9,2
1253.09
(5) (a) In this subsection, "damages" do not include noneconomic
2damages, as defined in s. 893.55 (4) (a).
AB67-ASA1,9,93
(b) Except for claims that are subject to s. 111.321 or 111.322, a person who is
4adversely affected by conduct that is in violation of this section may bring a civil
5action for equitable relief, including reinstatement, or damages, or both. In an action
6under this paragraph, the court shall award reasonable attorney fees,
7notwithstanding s. 814.04 (1), to a person who obtains equitable relief, damages, or
8both. An action under this paragraph shall be commenced within one year after the
9cause of action accrues or be barred.
AB67-ASA1, s. 16
10Section
16. 441.06 (title) of the statutes is amended to read:
AB67-ASA1,9,11
11441.06 (title)
Licensure; civil liability
and disciplinary exemption.
AB67-ASA1, s. 17
12Section
17. 441.06 (6) of the statutes is renumbered 441.06 (6) (b) (intro.) and
13amended to read:
AB67-ASA1,9,1914
441.06
(6) (b) (intro.)
No A person licensed as a registered nurse under this
15section
or as a practical nurse under s. 441.10 is
liable for any civil damages resulting
16from immune from liability for any damage caused by his or her refusal to
perform
17sterilization procedures or to remove or aid in the removal of a human embryo or
18fetus from a person participate in any of the following, if the refusal is based on
19religious or moral precepts
.:
AB67-ASA1, s. 18
20Section
18. 441.06 (6) (a) of the statutes is created to read:
AB67-ASA1,9,2121
441.06
(6) (a) In this subsection:
AB67-ASA1,9,2422
1. "Human embryo" means a human organism that is derived by fertilization,
23parthenogenesis, cloning, or any other means from one or more human gametes or
24human diploid cells. "Human embryo" includes a zygote but does not include a
1human organism at or beyond the stage of development at which the major body
2structures are present.
AB67-ASA1,10,43
2. "In vitro human embryo" means a human embryo, whether cryopreserved
4or not, living outside of a woman's body.
AB67-ASA1,10,85
3. "Participate in" means to perform; practice; engage in; assist in; recommend;
6counsel in favor of; make referrals for; prescribe, dispense, or administer drugs or
7devices, other than contraceptive articles, as defined in s. 450.155 (1) (a), for; or
8otherwise promote, encourage, or aid.
AB67-ASA1, s. 19
9Section
19. 441.06 (6) (b) 1. to 8. of the statutes are created to read:
AB67-ASA1,10,1010
441.06
(6) (b) 1. A sterilization procedure.
AB67-ASA1,10,1111
2. An abortion, as defined in s. 253.10 (2) (a).
AB67-ASA1,10,1312
3. An experiment or medical procedure that destroys an in vitro human embryo
13or uses cells or tissue derived from the destruction of an in vitro human embryo.
AB67-ASA1,10,1514
4. An experiment or medical procedure on an in vitro human embryo that is not
15related to the beneficial treatment of the in vitro human embryo.
AB67-ASA1,10,1816
5. An experiment or medical procedure on a developing child in a natural or
17artificial womb, at any stage of development, that is not related to the beneficial
18treatment of the developing child.
AB67-ASA1,10,2119
6. A procedure, including a transplant procedure, that uses fetal tissue or
20organs other than fetal tissue or organs from a stillbirth, spontaneous abortion, or
21miscarriage.
AB67-ASA1,11,222
7. The withholding or withdrawal of nutrition or hydration, if the withholding
23or withdrawal of nutrition or hydration would result in the patient's death from
24malnutrition or dehydration, or complications of malnutrition or dehydration, rather
1than from the underlying terminal illness or injury, unless the administration of
2nutrition or hydration is medically contraindicated.
AB67-ASA1,11,43
8. An act that intentionally causes or assists in causing the death of an
4individual, such as by assisted suicide, euthanasia, or mercy killing.
AB67-ASA1,11,126
441.06
(7) A person licensed as a registered nurse under this section or as a
7practical nurse under s. 441.10 who, in writing, refuses, or states an intention to
8refuse, on moral or religious grounds to participate in a practice of practical or
9professional nursing that is related to an activity specified in sub. (6) (b) 1. to 8. may
10not be required to participate in the practice with respect to the activity and may not
11be disciplined by the board or the department for refusing or stating an intention to
12refuse to participate in the practice with respect to the activity.
AB67-ASA1,11,1514
441.06
(8) (a) In this subsection, "damages" do not include noneconomic
15damages, as defined in s. 893.55 (4) (a).
AB67-ASA1,11,2216
(b) Except for claims that are subject to s. 111.321 or 111.322, a person who is
17adversely affected by conduct that is in violation of sub. (7) may bring a civil action
18for equitable relief, including reinstatement, or damages, or both. In an action under
19this paragraph, the court shall award reasonable attorney fees, notwithstanding s.
20814.04 (1), to a person who obtains equitable relief, damages, or both. An action
21under this paragraph shall be commenced within one year after the cause of action
22accrues or be barred.
AB67-ASA1, s. 22
23Section
22. 448.03 (5) (title) of the statutes is amended to read: