2005 - 2006 LEGISLATURE
March 14, 2005 -
Introduced by Representatives Hundertmark, Staskunas,
LeMahieu, Vukmir, Nischke, Suder, Gundrum, Kleefisch, Kestell, Kerkman,
Underheim, Nass, Van Roy, Ballweg, Krawczyk, Hahn, Gottlieb, J. Fitzgerald,
Kreibich, F. Lasee, Wieckert, Lothian, Loeffelholz, Gunderson, Montgomery,
Hines, Vos, Freese, Moulton, McCormick, Nerison, Bies, Albers, Ziegelbauer,
Petrowski, Wood, Strachota, Owens, Mursau, Vrakas, Honadel, Ott and Towns,
cosponsored by Senators Roessler, Reynolds, S. Fitzgerald, Lazich, Zien, Cowles,
Kanavas, Grothman, Harsdorf, Kapanke, Leibham, Stepp, Brown and Kedzie.
Referred to Committee on Labor.
An Act to renumber and amend 111.337 (1), 253.09 (1), 441.06
(6) and 448.03(5) (a); to amend 253.09 (title), 253.09 (2), 253.09 (3), 253.09
(4) (a), 253.09 (4) (b) 1., 253.09 (4) (b) 2., 441.06 (title) and 448.03 (5)
(title); and to create 111.337 (1g), 111.337 (1r) (b), 111.337 (1w), 253.09
(1g), 253.09 (1r) (a) 1. to 8., 253.09 (5),441.06 (6) (a), 441.06 (6) (b) 1. to
8., 441.06 (7), 441.06 (8), 448.03 (5) (ag), 448.03(5) (am) 1. to 8., 448.03 (5)
(an), 448.03 (5) (ar) and 450.135 of the statutes; relating to: employment
discrimination based on creed; and exemption from liability and discipline for
health care professionals and health care facility employees who refuse to
participate in sterilization, abortion, assisted suicide, and other procedures
on moral or religious grounds.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Section 1. 111.337 (1) of the statutes is renumbered 111.337 (1r) (intro.)
and amended to read:
111.337 (1r) (intro.) Employment discrimination because
of creed includes, but is not limited to, any of the following:
(a) Refusing to reasonably accommodate an employee's or
prospective employee's religious observance or practice unless the employer can
demonstrate that the accommodation would pose an undue hardship on the
employer's program, enterprise, or business.
Section 2. 111.337 (1g) of the statutes is created to read:
111.337 (1g) 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 or encourage.
Section 3. 111.337 (1r) (b) of the statutes is created to read:
111.337 (1r) (b) Discriminating against an employee or
prospective employee by engaging in any of the actions prohibited under
s.111.322 on the basis of the employee's or prospective employee's refusal, or
statement of an intention to refuse, whether or not in writing, based on his or
her creed, to participate in any of the following:
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. Intentionally causing the death of an individual who
is not in a terminal condition, as defined in s. 154.01 (8), by withholding or
withdrawing nutrition or hydration.
8. An act that intentionally causes or assists in causing
the death of an individual by assisted suicide, euthanasia, or mercy killing.
Section 4. 111.337 (1w) of the statutes is created to read:
111.337 (1w) Nothing in sub. (1r) (b) shall be construed
to limit the right of an employee or prospective employee to seek redress under
sub. (1r) (a) or s. 111.337 (1), 2003 stats., for acts of employment
discrimination against him or her based on creed.
Section 5. 253.09 (title) of the statutes is amended to read:
253.09 (title) Refusal to participate in certain
practices; no liability; no discrimination.
Section 6. 253.09 (1) of the statutes is renumbered 253.09 (1r) (a) (intro.)
and amended to read:
253.09 (1r) (a) (intro.) No health care facility is
required to admit any patient or to allow the use of health care facility for
the purpose of performing any of the following:
(b) A physician or any other person who is a member of or
associated with the staff of a health care facility, or any employee of a health
care facility in which the performance of an activity specified in par. (a) 1.
to 8. has been authorized, who, in writing, refuses, or states an intention to
refuse, to participate in the activity on moral or religious grounds may not be
required to participate in the activity.
(c) A physician or any other person who is a member of or
associated with the staff of a health care facility, or any employee of a health
care facility, is immune from liability for any damage caused by, and may not be
subjected to any disciplinary or recriminatory action based on, the refusal of
the person to participate in an activity specified in par. (a) 1. to 8. on moral
or religious grounds.
Section 7. 253.09 (1g) of the statutes is created to read:
253.09 (1g) In this section:
(a) "Health care facility" means any
public or private organization, corporation, authority, partnership, sole
proprietorship, association, agency, network, joint venture, or other entity
that is involved in providing health care services, including a hospital,
clinic, medical center, ambulatory surgical center, private physician's office,
pharmacy, nursing home, university hospital, medical school, nursing school,
medical training facility, inpatient health care facility, as defined in s.
252.14 (1) (d), or other place where health care services are provided.
(b) "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.
(c) "In vitro human embryo" means a
human embryo, whether cryopreserved or not, living outside of a woman's body.
(d) "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 or encourage.
Section 8. 253.09 (1r) (a) 1. to 8. of the statutes are created to read:
253.09 (1r) (a) 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.