Refusal to Provide Medical Services

ABORTION REFUSAL CLAUSE

Wisconsin allows certain individuals or entities to refuse to provide abortion services.

To whom does the refusal clause apply? Hospitals, physicians or other persons associated with, employed by, or on the staff of a hospital.

What does the refusal clause allow? No physician or other person associated with, employed by, or on the staff of a hospital who objects in writing on moral or religious grounds may be required to participate in an abortion. The refusal of a person to participate may not be a basis for damages, discrimination in employment or education, disciplinary action, or other recriminatory action.

No hospital may be required to admit any woman or allow the use of its facilities for the purpose of performing an abortion. The refusal of a hospital on moral or religious grounds to permit or perform an abortion may not be a basis for civil damages.

No individual or entity may be required to participate in or make its facilities available for abortion contrary to religious beliefs or moral convictions because of the receipt of any grant, contract, or loan under state or federal law.

Must the refusal be in writing? Yes. Party must state objection in writing.

Does the law require the refusing entity to notify the persons affected? No.

Are there circumstances under which a refusal clause may not be exercised? No.

Does the law require the refusing individual or entity to provide medically and factually accurate information or provide a referral for abortion services? No.

Does the law provide a mechanism for women to otherwise obtain specific reproductive health services, information, or referrals if an individual and/or entity exercises a refusal clause? No.

Wis. Stat. Ann. §§ 253.09 (Enacted 1974; Last Amended 1999), 441.06(6) (Enacted 1921; Last Amended 2005), 448.03(5) (Enacted 1976; Last Amended 2005).

FAMILY PLANNING REFUSAL CLAUSE

Wisconsin allows certain individuals or entities to refuse to provide family planning and birth control services.

To whom does the refusal clause apply? State employees.

What does the refusal clause allow? No state employee, who objects based on personal beliefs, may be required to offer family planning services. The refusal to offer family planning services shall not be the basis for discrimination. Agency directors or supervisors shall reassign the employee's duties to ensure that family planning services are delivered.

Does the law require the refusing entity to notify the persons affected? No.

Are there circumstances under which a refusal clause may not be exercised? No.

Does the law require the refusing individual or entity to provide medically and factually accurate information or provide a referral for family planning and birth control services? No.

Does the law provide a mechanism for women to otherwise obtain specific reproductive health services, information, or referrals if an individual and/or entity exercises a refusal clause? No.  However, the directors or supervisors of the agencies shall reassign the duties of employees in order to carry out duties related to family planning services.

Wis. Stat. Ann. § 253.07(3)(b) (Enacted 1978; Last Amended 1999).

STERILIZATION REFUSAL CLAUSE

Wisconsin allows certain individuals or entities to refuse to perform or participate in sterilizing procedures.

To whom does the refusal clause apply? Hospitals, physicians or other persons associated with, employed by, or on the staff of a hospital.

What does the refusal clause allow? No physician or other person associated with, employed by, or on the staff of a hospital who objects in writing on moral or religious grounds may be required to participate in a sterilization. The refusal of a person to participate may not be a basis for damages, discrimination in employment or education, disciplinary action, or other recriminatory action.

No hospital may be required to admit any woman or allow the use of its facilities for the purpose of performing a sterilization. The refusal of a hospital on moral or religious grounds to permit or perform a sterilization may not be a basis for civil damages.

No individual or entity may be required to participate in or make its facilities available for sterilization contrary to religious beliefs or moral convictions because of the receipt of any grant, contract, or loan under state or federal law.

Must the refusal be in writing? Yes.

Does the law require the refusing entity to notify the persons affected? No.

Are there circumstances under which a refusal clause may not be exercised? No.

Does the law require the refusing individual or entity to provide medically and factually accurate information or provide a referral for abortion services? No.

Does the law provide a mechanism for women to otherwise obtain specific reproductive health services, information, or referrals if an individual and/or entity exercises a refusal clause? No.

Wis. Stat. Ann. §§ 253.09 (Enacted 1974; Last Amended 1999), 441.06(6) (Enacted 1921; Last Amended 2005), 448.03(5) (Enacted 1976; Last Amended 2005).