AB168: Bill Text

AB168, s. 19 Section 19. 441.06 (8) of the statutes is created to read:

AB168,10,19 441.06 (8) A person who is adversely affected by, or who reasonably may be expected to be adversely affected by, conduct that is in violation of sub. (7) may bring a civil action for injunctive relief, including reinstatement, damages, including damages for emotional or psychological distress, or both injunctive relief and damages. In an action under this subsection, the court shall award reasonable attorney fees, notwithstanding s. 814.04 (1), to a person who obtains injunctive relief, an award of damages, or both.

AB168, s. 20 Section 20. 448.03 (5) (title) of the statutes is amended to read:

AB168,10,22 448.03 (5) (title) Civil liability and disciplinary exemption; certain medical procedures and reports.

AB168, s. 21 Section 21. 448.03 (5) (a) of the statutes is renumbered 448.03 (5) (ar) (intro.) and amended to read:

AB168,11,7 448.03 (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. :

AB168, s. 22 Section 22. 448.03 (5) (ag) of the statutes is created to read:

AB168,11,11 448.03 (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.

AB168, s. 23 Section 23. 448.03 (5) (am) of the statutes is created to read:

AB168,12,2 448.03 (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, including refusing or stating an intention to refuse to transfer a patient to another physician who will comply with a declaration, as defined in s. 154.02 (1), instrument for power of attorney for health care, as defined in s. 155.01 (10), or health care decision, as defined in s. 155.01 (5), of a health care agent, as defined in s. 155.01 (4). This paragraph does not apply to the refusal to make a good faith attempt to transfer a declarant with incapacity, as defined in s. 155.01 (8) and with a terminal condition, as defined in s. 154.01 (8), to another physician who will comply with the declaration of the declarant.

AB168, s. 24 Section 24. 448.03 (5) (ao) of the statutes is created to read:

AB168,12,10 448.03 (5) (ao) A person who is adversely affected by, or who reasonably may be expected to be adversely affected by, conduct that is in violation of par. (am) may bring a civil action for injunctive relief, including reinstatement, damages, including damages for emotional or psychological distress, or both injunctive relief and damages. In an action under this paragraph, the court shall award reasonable attorney fees, notwithstanding s. 814.04 (1), to a person who obtains injunctive relief, an award of damages, or both.

AB168, s. 25 Section 25. 448.03 (5) (ar) 1. to 7. of the statutes are created to read:

AB168,12,12 448.03 (5) (ar) 1. A sterilization procedure.

AB168,12,14 2. A procedure involving a drug or device that may prevent the implantation of a fertilized human ovum.

AB168,12,15 3. An abortion, as defined in s. 253.10 (2) (a).

AB168,12,16 4. An experiment or medical procedure involving any of the following:

AB168,12,17 a. The destruction of a human embryo.

AB168,12,20 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.

AB168,12,23 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.

AB168,12,25 6. The withholding or withdrawal of nutrition or hydration, unless the administration of nutrition or hydration is medically contraindicated.

AB168,13,2 7. An act that causes or assists in causing the death of an individual, such as by assisted suicide, euthanasia, or mercy killing.

AB168, s. 26 Section 26. 450.135 of the statutes is created to read:

AB168,13,7 450.135 Pharmacist's refusal to be involved in certain activities. (1) In this section, "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.

AB168,13,13 (2) A person licensed as a pharmacist under this chapter is immune from liability for any damage caused by his or her refusal to be involved in the performance of, assistance in, recommendation of, counseling in favor of, making referrals for, prescribing, dispensing or administering drugs for, or otherwise promoting, encouraging, or aiding any of the following, if the refusal is based on religious or moral precepts:

AB168,13,14 (a) A sterilization procedure.

AB168,13,16 (b) A procedure involving a drug or device that may prevent the implantation of a fertilized human ovum.

AB168,13,17 (c) An abortion, as defined in s. 253.10 (2) (a).

AB168,13,18 (d) An experiment or medical procedure involving any of the following:

AB168,13,19 1. The destruction of a human embryo.

AB168,13,22 2. 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.

AB168,13,25 (e) 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.

AB168,14,2 (f) The withholding or withdrawal of nutrition or hydration, unless the administration of nutrition or hydration is medically contraindicated.

AB168,14,4 (g) An act that causes or assists in causing the death of an individual, such as by assisted suicide, euthanasia, or mercy killing.

AB168,14,10 (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 engage in a practice of pharmacy that is related to an activity specified in sub. (2) (a) to (g) shall not be required to engage 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 engage in the practice with respect to the activity.

AB168,14,17 (b) A person who is adversely affected by, or who reasonably may be expected to be adversely affected by, conduct that is in violation of par. (a) may bring a civil action for injunctive relief, including reinstatement, damages, including damages for emotional or psychological distress, or both injunctive relief and damages. In an action under this paragraph, the court shall award reasonable attorney fees, notwithstanding s. 814.04 (1), to a person who obtains injunctive relief, an award of damages, or both.

AB168, s. 27 Section 27. Initial applicability.

AB168,14,20 (1) This act first applies to refusals or statements of an intention to refuse that are made on the effective date of this subsection.

AB168,14,21 (End)