LRB-1565/2
MDK:hmh:jf
2001 - 2002 LEGISLATURE
March 1, 2001 - Introduced by Representatives Walker, Staskunas, Albers,
Colon, Duff, J. Fitzgerald, Freese, Gunderson, Gundrum, Hoven, Huebsch,
Jeskewitz, Johnsrud, Kedzie, Krawczyk, Ladwig, F. Lasee, M. Lehman,
Leibham, Lippert, Loeffelholz, McCormick, D. Meyer, Montgomery, Nass,
Ott, Owens, Petrowski, Pettis, Rhoades, Ryba, Starzyk, Stone, Suder,
Sykora, Underheim, Urban, Vrakas, Wieckert
and Ziegelbauer, cosponsored
by Senators Breske, Roessler, Baumgart, Cowles, Farrow, S. Fitzgerald,
Harsdorf, Lazich, Schultz
and Welch. Referred to Committee on Labor and
Workforce Development.
AB168,1,10 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), 253.09 (1g), 253.09 (1r) (a) 1. to 7., 253.09 (5), 441.06 (6)
5(a), 441.06 (6) (b) 1. to 7., 441.06 (7), 441.06 (8), 448.03 (5) (ag), 448.03 (5) (am),
6448.03 (5) (ao), 448.03 (5) (ar) 1. to 7. and 450.135 of the statutes; relating to:
7employment discrimination based on creed and exemption from liability and
8discipline for physicians, nurses, pharmacists, other health care providers, and
9hospital employees who refuse to participate in sterilization, abortion, assisted
10suicide, 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 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 a health care provider on the basis of his or her
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 other than fetal tissue or
organs from a stillbirth, spontaneous abortion, or miscarriage; 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
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 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 employees to include a refusal to participate,
based on moral or religious grounds, in any of the seven activities described above
with respect to employment discrimination based on creed. 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 attorneys fees. 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 seven activities if the refusal is based on religious or moral precepts. In addition,
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.

Also, 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. In addition, the bill allows
a physician, registered nurse, or pharmacist who is adversely affected by conduct
that violates this prohibition to bring a civil action for injunctive relief, damages, and
attorneys fees. Finally, 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. However, under the bill, the medical examining
board may take disciplinary action against a physician who makes such a refusal if
the physician refuses to transfer an incapacitated, terminally ill patient who has
executed such a declaration.
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:
AB168, s. 1 1Section 1. 111.337 (1) of the statutes is renumbered 111.337 (1r) (intro.) and
2amended to read:
AB168,3,43 111.337 (1r) (intro.) Employment discrimination because of creed includes, but
4is not limited to, refusing any of the following:
AB168,3,8 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.
AB168, s. 2 9Section 2. 111.337 (1g) of the statutes is created to read:
AB168,3,1010 111.337 (1g) In this section:
AB168,3,1111 (a) "Health care provider" means any of the following:
AB168,4,3
11. An individual licensed, registered, permitted, or certified by the department
2of health and family services or the department of regulation and licensing to provide
3health care services in this state.
AB168,4,54 2. An individual who provides health care services as directed, supervised, or
5inspected by an individual specified in subd. 1.
AB168,4,86 (b) "Human embryo" includes any organism that is derived by fertilization,
7parthenogenesis, cloning, or any other means from one or more human gametes or
8human diploid cells.
AB168,4,119 (c) "Participate in" means to perform, assist in, recommend, counsel in favor
10of, make referrals for, prescribe, dispense or administer drugs for, or otherwise
11promote, encourage, or aid.
AB168, s. 3 12Section 3. 111.337 (1r) (b) of the statutes is created to read:
AB168,4,1613 111.337 (1r) (b) Discriminating against any health care provider by engaging
14in any of the actions prohibited under s. 111.322 on the basis of the health care
15provider's refusal, or statement of an intention to refuse, whether or not in writing,
16based on his or her creed, to participate in any of the following:
AB168,4,1717 1. A sterilization procedure.
AB168,4,1918 2. A procedure involving a drug or device that may prevent the implantation
19of a fertilized human ovum.
AB168,4,2020 3. An abortion, as defined in s. 253.10 (2) (a).
AB168,4,2121 4. An experiment or medical procedure involving any of the following:
AB168,4,2222 a. The destruction of a human embryo.
AB168,4,2523 b. A human embryo or unborn child, at any stage of development, in which the
24experiment or procedure is not related to the beneficial treatment of the human
25embryo or unborn child.
AB168,5,3
15. A procedure, including a transplant procedure, that uses fetal tissue or
2organs other than fetal tissue or organs from a stillbirth, spontaneous abortion, or
3miscarriage.
AB168,5,54 6. The withholding or withdrawal of nutrition or hydration, unless the
5administration of nutrition or hydration is medically contraindicated.
AB168,5,76 7. An act that causes or assists in causing the death of an individual, such as
7by assisted suicide, euthanasia, or mercy killing.
AB168, s. 4 8Section 4. 253.09 (title) of the statutes is amended to read:
AB168,5,10 9253.09 (title) Abortion refused Refusal to participate in certain
10practices
; no liability; no discrimination.
AB168, s. 5 11Section 5. 253.09 (1) of the statutes is renumbered 253.09 (1r) (a) (intro.) and
12amended to read:
AB168,5,1513 253.09 (1r) (a) (intro.) No hospital shall be is required to admit any patient or
14to allow the use of the hospital facilities for the purpose of performing a sterilization
15procedure or removing a human embryo or fetus.
any of the following:
AB168,5,22 16(b) A physician or any other person who is a member of or associated with the
17staff of a hospital, or any employee of a hospital in which such a procedure the
18performance of an activity specified in par. (a) 1. to 7.
has been authorized, who shall
19state in writing his or her objection to the performance of or providing assistance to
20such a procedure
, in writing, refuses, or states an intention to refuse, to participate
21in the activity
on moral or religious grounds shall not be required to participate in
22such medical procedure, and the activity.
AB168,6,4 23(c) A physician or any other person who is a member of or associated with the
24staff of a hospital, or any employee of a hospital, is immune from liability for any
25damage caused by, and may not be subjected to any disciplinary or recriminatory

1action based on,
the refusal of any such the person to participate therein shall not
2form the basis of any claim for damages on account of such refusal or for any
3disciplinary or recriminatory action against such person
in an activity specified in
4par. (a) 1. to 7. on moral or religious grounds
.
AB168, s. 6 5Section 6. 253.09 (1g) of the statutes is created to read:
AB168,6,66 253.09 (1g) In this section:
AB168,6,97 (a) "Human embryo" includes any organism that is derived by fertilization,
8parthenogenesis, cloning, or any other means from one or more human gametes or
9human diploid cells.
AB168,6,1210 (b) "Participate in" means to perform, assist in, recommend, counsel in favor
11of, make referrals for, prescribe, dispense or administer drugs for, or otherwise
12promote, encourage, or aid.
AB168, s. 7 13Section 7. 253.09 (1r) (a) 1. to 7. of the statutes are created to read:
AB168,6,1414 253.09 (1r) (a) 1. A sterilization procedure.
AB168,6,1615 2. A procedure involving a drug or device that may prevent the implantation
16of a fertilized human ovum.
AB168,6,1717 3. An abortion, as defined in s. 253.10 (2) (a).
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