LRB-0792/1
PJH:jld:pg
2003 - 2004 LEGISLATURE
February 18, 2003 - Introduced by Representatives Owens, Albers, Bies, J.
Fitzgerald, Freese, Gielow, Gottlieb, Grothman, Gunderson, Gundrum,
Hahn, Hines, Huebsch, Hundertmark, Jeskewitz, Kerkman, Kestell,
Krawczyk, Ladwig, F. Lasee, LeMahieu, Loeffelholz, D. Meyer, Nass,
Nischke, Ott, Petrowski, Pettis, Seratti, Stone, Suder, Vrakas, Vukmir,
Weber, J. Wood and
Ziegelbauer, cosponsored by Senators Reynolds, Brown,
Cowles, S. Fitzgerald, Harsdorf, Kanavas, Kedzie, Lazich, Leibham,
Roessler, Schultz, Stepp, Welch and Zien. Referred to Committee on Labor.
AB63,1,4
1An Act to renumber and amend 111.337 (1); and
to create 111.337 (1) (b) and
2450.135 of the statutes;
relating to: employment discrimination based on
3creed and exemption from liability and discipline for pharmacists who refuse
4to dispense for abortions, assisted suicides, and euthanasia.
Analysis by the Legislative Reference Bureau
This bill provides that a pharmacist licensed by the Pharmacy Examining
Board (board) in the Department of Regulation and Licensing (DRL) may not be
required to dispense a prescribed drug or device if the pharmacist has reason to
believe that the drug or device would be used for causing an abortion. An "abortion"
is defined as the use of an instrument, medicine, drug, or other substance or device
with the intent to terminate the pregnancy of a woman known to be pregnant or for
whom there is reason to believe that she may be pregnant. In addition, there must
be no intent to increase the probability of a live birth, to preserve the life or health
of the infant after live birth, or to remove a dead fetus. Also under the bill, a licensed
pharmacist may not be required to dispense a drug or device if the pharmacist has
reason to believe that the drug or device would be used for causing the death of a
person, if the pharmacist consults with the practitioner who prescribed the drug or
device.
The bill also provides that a pharmacist's refusal to dispense a prescribed drug
or device because he or she has reason to believe that the drug or device would be used
for a purpose described above may not be the basis for a claim for damages against
the pharmacist or the pharmacist's pharmacy. Also, such a refusal may not be the
basis for disciplinary action by the board or DRL against the pharmacist.
This bill expands the definition of employment discrimination based on creed.
Under current law, "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 accommodate reasonably an employee's or
prospective employee's religious observances or practices unless the employer can
demonstrate that the accommodation would pose an undue hardship.
The bill also expands the definition of employment discrimination based on
creed to include discriminating against a pharmacist on the basis of his or her
refusal, based on creed, to dispense a prescribed drug or device that the pharmacist
has reason to believe would be used for causing an abortion or causing the death of
a person. Under the bill, discrimination includes refusing to hire a pharmacist,
terminating a pharmacist's employment, and discriminating against a pharmacist
with respect to promotions, compensation, or terms, conditions, or privileges of
employment. There is no exception for an employer to show that the pharmacist's
refusal poses an undue hardship.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB63, s. 1
1Section
1. 111.337 (1) of the statutes is renumbered 111.337 (1) (intro.) and
2amended to read:
AB63,2,43
111.337
(1) (intro.) Employment discrimination because of creed includes, but
4is not limited to,
refusing any of the following:
AB63,2,8
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.
AB63, s. 2
9Section
2. 111.337 (1) (b) of the statutes is created to read:
AB63,3,210
111.337
(1) (b) Discriminating against any pharmacist licensed under ch. 450
11by engaging in any of the actions prohibited under s. 111.322 on the basis of the
1pharmacist's refusal to dispense a prescribed drug or device because the pharmacist
2believes that the drug or device would be used for the purpose of any of the following:
AB63,3,33
1. Causing an abortion, as defined in s. 253.10 (2) (a).
AB63,3,64
2. Causing the death of any person, if the pharmacist consults with the
5practitioner who prescribed the drug or device before the pharmacist makes the
6refusal.
AB63, s. 3
7Section
3. 450.135 of the statutes is created to read:
AB63,3,10
8450.135 Pharmacist's refusal to dispense for abortions, assisted
9suicides, and euthanasia. (1) In this section, "abortion" has the meaning given
10in s. 253.10 (2) (a).
AB63,3,13
11(2) No pharmacist may be required to dispense a prescribed drug or device if
12the pharmacist has reason to believe that the drug or device would be used for the
13purpose of any of the following:
AB63,3,1414
(a) Causing an abortion.
AB63,3,1715
(b) Causing the death of any person, if the pharmacist consults with the
16practitioner who prescribed the drug or device before the pharmacist makes the
17refusal.
AB63,3,20
18(3) A pharmacist's refusal to dispense a prescribed drug or device because he
19or she has reason to believe that the drug or device would be used for a purpose
20described in sub. (2) (a) or (b) may not be the basis for any of the following:
AB63,3,2221
(a) A claim for damages against the pharmacist or the pharmacy of the
22pharmacist.
AB63,3,2323
(b) Disciplinary action by the board or department against the pharmacist.
AB63,4,1
1(1)
This act first applies to refusals made on the effective date of this subsection.
