Wisconsin Legislature: AB67, s. 24

253.09 (5) (a) In this subsection, "damages" do not include noneconomic damages, as defined in s. 893.55 (4) (a).

(b) Except for claims that are subject to s. 111.321 or 111.322, a person who is adversely affected by conduct that is in violation of this section may bring a civil action for equitable relief, including reinstatement, or damages, or both. In an action under this paragraph, the court shall award reasonable attorney fees, notwithstanding s. 814.04 (1), to a person who obtains equitable relief, damages, or both. An action under this paragraph shall be commenced within one year after the cause of action accrues or be barred.

AB67, s. 16 Section 16. 441.06 (title) of the statutes is amended to read:

441.06 (title) Licensure; civil liability and disciplinary exemption.

AB67, s. 17 Section 17. 441.06 (6) of the statutes is renumbered 441.06 (6) (b) (intro.) and amended to read:

441.06 (6) (b) (intro.) No A person licensed as a registered nurse under this section or as a practical nurse under s. 441.10 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 participate in any of the following, if the refusal is based on religious or moral precepts.:

AB67, s. 18 Section 18. 441.06 (6) (a) of the statutes is created to read:

441.06 (6) (a) In this subsection:

1. "Human embryo" means a human organism that is derived by fertilization, parthenogenesis, cloning, or any other means from one or more human gametes or human diploid cells. "Human embryo" includes a zygote but does not include a human organism at or beyond the stage of development at which the major body structures are present.

2. "In vitro human embryo" means a human embryo, whether cryopreserved or not, living outside of a woman's body.

3. "Participate in" means to perform; practice; engage in; assist in; recommend; counsel in favor of; make referrals for; prescribe, dispense, or administer drugs or devices, other than contraceptive articles, as defined in s. 450.155 (1) (a), for; or otherwise promote, encourage, or aid.

AB67, s. 19 Section 19. 441.06 (6) (b) 1. to 8. of the statutes are created to read:

441.06 (6) (b) 1. A sterilization procedure.

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

3. An experiment or medical procedure that destroys an in vitro human embryo or uses cells or tissue derived from the destruction of an in vitro human embryo.

4. An experiment or medical procedure on an in vitro human embryo that is not related to the beneficial treatment of the in vitro human embryo.

5. An experiment or medical procedure on a developing child in an artificial womb, at any stage of development, that is not related to the beneficial treatment of the developing child.

6. 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.

7. The withholding or withdrawal of nutrition or hydration from a patient who is not in a terminal condition, as defined in s. 154.01 (8), if the withholding or withdrawal of nutrition or hydration would result in the patient's death from malnutrition or dehydration, or complications of malnutrition or dehydration, rather than from an underlying illness or injury, unless the administration of nutrition or hydration is medically contraindicated.

8. An act that intentionally causes or assists in causing the death of an individual by assisted suicide, euthanasia, or mercy killing.

AB67, s. 20 Section 20. 441.06 (7) of the statutes is created to read:

441.06 (7) A person licensed as a registered nurse under this section or as a practical nurse under s. 441.10 who, in writing, refuses, or states an intention to refuse, on moral or religious grounds to participate in a practice of practical or professional nursing that is related to an activity specified in sub. (6) (b) 1. to 8. may not be required to participate 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 participate in the practice with respect to the activity.

AB67, s. 21 Section 21. 441.06 (8) of the statutes is created to read:

441.06 (8) (a) In this subsection, "damages" do not include noneconomic damages, as defined in s. 893.55 (4) (a).

(b) Except for claims that are subject to s. 111.321 or 111.322, a person who is adversely affected by conduct that is in violation of sub. (7) may bring a civil action for equitable relief, including reinstatement, or damages, or both. In an action under this paragraph, the court shall award reasonable attorney fees, notwithstanding s. 814.04 (1), to a person who obtains equitable relief, damages, or both. An action under this paragraph shall be commenced within one year after the cause of action accrues or be barred.

AB67, s. 22 Section 22. 448.03 (5) (title) of the statutes is amended to read:

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

AB67, s. 23 Section 23. 448.03 (5) (a) of the statutes is renumbered 448.03 (5) (am) (intro.) and amended to read:

448.03 (5) (am) (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 participate in any of the following if the refusal is based on religious or moral precepts.:

AB67, s. 24 Section 24. 448.03 (5) (ag) of the statutes is created to read:

448.03 (5) (ag) In this subsection:

2. "In vitro human embryo" means a human embryo, whether cryopreserved or not, living outside of a woman's body.

AB67, s. 25 Section 25. 448.03 (5) (am) 1. to 8. of the statutes are created to read:

448.03 (5) (am) 1. A sterilization procedure.

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

3. An experiment or medical procedure that destroys an in vitro human embryo or uses cells or tissue derived from the destruction of an in vitro human embryo.

4. An experiment or medical procedure on an in vitro human embryo that is not related to the beneficial treatment of the in vitro human embryo.

5. An experiment or medical procedure on a developing child in an artificial womb, at any stage of development, that is not related to the beneficial treatment of the developing child.

6. 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.

8. An act that intentionally causes or assists in causing the death of an individual by assisted suicide, euthanasia, or mercy killing.

AB67, s. 26m Section 26m. 448.03 (5) (an) and (aq) of the statutes are created to read:

448.03 (5) (an) A person licensed or certified under this subchapter who, in writing, refuses, or states an intention to refuse, on moral or religious grounds to participate in a practice within the scope of his or her license or certification that is related to an activity specified in par. (am) 1. to 8. may not be required to participate 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 participate in the practice with respect to the activity.

(aq) Except as provided in s. 154.07 (1) (a) 3., regarding the failure of a physician to comply with a declaration of a qualified patient that directs the physician to participate in the activity specified in par. (am) 7., and s. 155.50 (1) (b), regarding the failure of a physician to comply with a power of attorney for health care instrument or the decision of a health care agent that directs the physician to participate in the activity specified in par. (am) 7., a physician is not required to locate another physician who is willing to participate in an activity specified in par. (am) 1. to 8.

AB67, s. 27 Section 27. 448.03 (5) (ar) of the statutes is created to read:

448.03 (5) (ar) 1. In this paragraph, "damages" do not include noneconomic damages, as defined in s. 893.55 (4) (a).

2. Except for claims that are subject to s. 111.321 or 111.322, a person who is adversely affected by conduct that is in violation of par. (an) or (aq) may bring a civil action for equitable relief, including reinstatement, or damages, or both. In an action under this subdivision, the court shall award reasonable attorney fees, notwithstanding s. 814.04 (1), to a person who obtains equitable relief, damages, or both. An action under this subdivision shall be commenced within one year after the cause of action accrues or be barred.

AB67, s. 28 Section 28. 450.135 of the statutes is created to read:

450.135 Pharmacist's refusal to participate in certain activities. (1) In this section:

(a) "Human embryo" means a human organism that is derived by fertilization, parthenogenesis, cloning, or any other means from one or more human gametes or human diploid cells. "Human embryo" includes a zygote but does not include a human organism at or beyond the stage of development at which the major body structures are present.

(b) "In vitro human embryo" means a human embryo, whether cryopreserved or not, living outside of a woman's body.

(c) "Participate in" means to perform; practice; engage in; assist in; recommend; counsel in favor of; make referrals for; prescribe, dispense, or administer drugs or devices, other than contraceptive articles, as defined in s. 450.155 (1) (a), for; or otherwise promote, encourage, or aid.

(2) A person licensed as a pharmacist under this chapter is immune from liability for any damage caused by his or her refusal to participate in any of the following, if the refusal is based on religious or moral precepts:

(a) A sterilization procedure.

(b) An abortion, as defined in s. 253.10 (2) (a).

(c) An experiment or medical procedure that destroys an in vitro human embryo or uses cells or tissue derived from the destruction of an in vitro human embryo.

(d) An experiment or medical procedure on an in vitro human embryo that is not related to the beneficial treatment of the in vitro human embryo.

(e) An experiment or medical procedure on a developing child in an artificial womb, at any stage of development, that is not related to the beneficial treatment of the developing child.

(f) 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.

(g) The withholding or withdrawal of nutrition or hydration from a patient who is not in a terminal condition, as defined in s. 154.01 (8), if the withholding or withdrawal of nutrition or hydration would result in the patient's death from malnutrition or dehydration, or complications of malnutrition or dehydration, rather than from an underlying illness or injury, unless the administration of nutrition or hydration is medically contraindicated.

(h) An act that intentionally causes or assists in causing the death of an individual by assisted suicide, euthanasia, or mercy killing.

(3) (a) A person licensed as a pharmacist under this chapter who, in writing, refuses, or states an intention to refuse, on moral or religious grounds to participate in a practice of pharmacy that is related to an activity specified in sub. (2) (a) to (h) may not be required to participate in the practice with respect to the activity and may not be disciplined by the board or department for refusing or stating an intention to refuse to participate in the practice with respect to the activity.

(b) 1. In this paragraph, "damages" do not include noneconomic damages, as defined in s. 893.55 (4) (a).

2. Except for claims that are subject to s. 111.321 or 111.322, a person who is adversely affected by conduct that is in violation of par. (a) may bring a civil action for equitable relief, including reinstatement, or damages, or both. In an action under this subdivision, the court shall award reasonable attorney fees, notwithstanding s. 814.04 (1), to a person who obtains equitable relief, damages, or both. An action under this subdivision shall be commenced within one year after the cause of action accrues or be barred.

AB67, s. 29 Section 29. Initial applicability.

(1) The treatment of sections 111.337 (1), (1g), and (1r) (b), 253.09 (title), (1), (1g), (1r) (a) 1. to 8., (2), (3), (4) (a) and (b) 1. and 2., and (5), 441.06 (title), (7), and (8), 448.03 (5) (title), (a), (ag), (am) 1. to 8., (an), (aq), and (ar), and 450.135 of the statutes, the renumbering and amendment of section 441.06 (6) of the statutes, and the creation of section 441.06 (6) (a) and (b) 1. to 8. of the statutes first apply to refusals or statements of an intention to refuse that are made on the effective date of this subsection.

(2t) The treatment of sections 154.12, 155.75, and 448.03 (5) (aq) of the statutes first applies to declarations or powers of attorney for health care instruments that are received on the effective date of this subsection.