AB489,9,2121
(a) “Hospital” has the meaning given in s. 50.33 (2).
AB489,9,2222
(b) “Registered nurse” has the meaning given in s. 146.40 (1) (f).
AB489,9,25
23(2) Right to refuse. A registered nurse may object to or refuse to participate
24in an activity, policy, practice, assignment, or task if, in good faith and in the
25registered nurse's professional judgment, the registered nurse is not prepared by
1education, training, or experience to fulfill the activity, policy, practice, assignment,
2or task without compromising the safety of a patient or jeopardizing the registered
3nurse's license. A registered nurse's professional judgment under this subsection
4shall be based upon the registered nurse's application of knowledge, expertise, and
5experience in conducting a comprehensive nursing assessment of a patient and
6making independent decisions about patient care in accordance with state law and
7administrative rules, including the need for additional staff.
AB489,10,10
8(3) Disciplinary action prohibited. A hospital may not do any of the following
9in response to a registered nurse's refusal to participate in an activity, policy,
10practice, assignment, or task under this section:
AB489,10,1411
(a) Discharge, retaliate, or discriminate against, or otherwise subject the
12registered nurse to an adverse action with respect to any aspect of the registered
13nurse's employment, including actions related to promotion, compensation, or terms,
14conditions, or privileges of employment.
AB489,10,1615
(b) File a complaint or report against a registered nurse with a state
16professional disciplinary entity.
AB489,10,23
17(4) Cause of action. A registered nurse or the collective bargaining
18representative or legal representative of a nurse who has been discharged,
19retaliated, or discriminated against, subjected to an adverse action, or the subject of
20a complaint or report filed with a state professional disciplinary entity in violation
21of sub. (3) may bring a cause of action against the hospital that violated sub. (3). A
22registered nurse who prevails in a cause of action under this subsection is entitled
23to at least one of the following:
AB489,10,2525
(b) Reimbursement of lost wages, compensation, and benefits.
AB489,11,1
1(c) Reasonable attorney fees, notwithstanding s. 814.04 (1).
AB489,11,33
(e)
Any other reasonable damages.
AB489,11,95
(1)
Collective bargaining agreements. This act first applies to a registered
6nurse, as defined in s. 146.40 (1) (f), who is affected by a collective bargaining
7agreement that contains provisions inconsistent with this act on the day on which
8the collective bargaining agreement expires or is extended, modified, or renewed,
9whichever occurs first.
AB489,11,1312
(1)
Nurse staffing records. The treatment of s. 50.373 (4) takes effect on the
13first day of the 4th month beginning after publication.