Refusal to Provide Medical Services
A number of state and federal laws include provisions known as "refusal clauses," which permit a broad range of individuals and institutions-including hospitals, hospital employees, health care providers, pharmacists, employers and insurance companies-to refuse to provide, pay for, counsel, or even refer for medical treatment that they personally oppose. Although carefully crafted refusal clauses may be acceptable in some circumstances to protect individual medical providers, broad refusal clauses deny women medically necessary information, referrals or services. In addition, even if individual medical providers are protected, health care corporations should not be allowed to deny women access to necessary medical services and information. Wisconsin Abortion Refusal Clause Wisconsin allows hospitals, physicians and other individuals associated with, employed by or on the staff of a hospital to refuse to provide abortion services. 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. The law does not require the refusing individual or entity to provide medically and factually accurate information or provide a referral for abortion services to the patient. If a woman needs an emergency abortion to save her life, staff in emergency rooms can refuse to perform the abortion. Wisconsin Sterilization Refusal Clause Wisconsin law also allows certain individuals or entities to refuse to perform or participate in sterilizing procedures. Wisconsin Family Planning Refusal Clause Wisconsin allows state employees to refuse to provide family planning and birth control 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 to the patient.
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