2019 - 2020 LEGISLATURE
May 24, 2019 - Introduced by Representatives Snyder,
Anderson, Dittrich, Duchow, Edming, Katsma, Kulp, B. Meyers, Milroy,
Murphy, Mursau, Novak, Oldenburg, Petryk, Ramthun, Subeck, Tauchen,
VanderMeer and Vruwink, cosponsored by Senators Petrowski, Bewley,
Carpenter, Erpenbach, Marklein, Ringhand, Risser, Smith, L. Taylor and
Wanggaard. Referred to Committee on Aging and Long-Term Care.
1An Act to repeal
15.197 (22m) and 146.695 (1) (a), (2), (3) and (5); to
2consolidate, renumber and amend
146.695 (1) (intro.) and (b); and to create
15.197 (22m) and 146.695 of the statutes; relating to: establishing a Palliative
Analysis by the Legislative Reference Bureau
This bill establishes a Palliative Care Council within the Department of Health
Services. Under the bill, DHS is required to establish a statewide palliative care
consumer and professional information and education program and must make
available on its Internet site information and resources regarding palliative care.
The bill requires the council to consult with and advise DHS on matters related to
the establishment, maintenance, operation, and outcome evaluation of the program
established by DHS. The council must also consult with and advise DHS regarding
1) the impact palliative care has on families and the experiences of families that have
used or had a family member use palliative care services; 2) establishing a system
for identifying patients or residents who could benefit from palliative care and
determining how to provide information about and facilitate access to appropriate
palliative care services for patients or residents with serious illnesses; and 3) any
other issues relating to palliative care arising through meetings or discussions, as
the council determines appropriate, but not including physician-assisted suicide.
The bill also requires the council to submit biennial reports providing its analysis
regarding certain issues relating to palliative care, including the availability of
palliative care, barriers to greater access to such care, and the impact of palliative
care on families that have experience with palliative care services. The council and
DHS program sunset effective July 1, 2024.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
15.197 (22m) of the statutes is created to read:
15.197 (22m) Palliative care council.
(a) There is created in the department 3
of health services a palliative care council. The council shall consist of the following 4
1. Not more than 20 members appointed, except as otherwise provided in this 6
subdivision, by the secretary of health services to serve for terms ending July 1, 2024, 7
including all of the following:
a. Three physician members, including one who is board certified in hospice 9
and palliative care, one who is board certified in pediatric palliative care, and one 10
b. Two palliative care practitioners, one of whom must be an advanced practice 12
registered nurse who is board certified in palliative care.
c. Four health care professionals, including a nurse, a social worker, a 14
pharmacist, and a spiritual care professional.
d. Three patient advocates from established patient advocacy groups, 16
including one who has experience advocating for the rights of patients with 17
e. One representative from the University of Wisconsin School of Medicine and 19
Public Health with an interest in palliative care.
f. One representative from the Medical College of Wisconsin with expertise in 2
g. One representative from the department of health services with expertise 4
in palliative care.
h. One representative to the assembly appointed by the speaker of the 6
i. One representative to the assembly appointed by the minority leader of the 8
j. One senator appointed by the president of the senate.
k. One senator appointed by the minority leader of the senate.
L. One member who serves in hospital administration.
2. One medical student appointed by the secretary of health services for a 13
one-year term who is a student specializing in palliative care at the University of 14
Wisconsin School of Medicine and Public Health or the Medical College of Wisconsin.
(b) Any member of the council appointed under par. (a) 1. who meets the 16
required qualifications for more than one category of appointees under par. (a) 1. a. 17
to L. may be appointed to serve as a member fulfilling the requirements for a council 18
member in some or all of those categories, as determined by the secretary of health 19
(c) The council shall meet at least twice each year.
(d) When possible, the council shall seek and the secretary shall appoint 22
members who represent the various geographic areas of the state and ensure 23
statewide representation on the council. The council shall, as often as possible, hold 24
its meetings in different geographic areas of the state, both rural and urban, to better 25
learn about and aid in palliative care access and quality in all communities.
15.197 (22m) of the statutes, as created by 2019 Wisconsin Act .... 2
(this act), is repealed.
146.695 of the statutes is created to read:
4146.695 Palliative care. (1)
In this section:
(a) “Council” means the palliative care council.
(b) “Palliative care” has the meaning given in s. 50.90 (3).
The council shall consult with and advise the department on all of the 8
(a) Matters related to the establishment, maintenance, operation, and outcome 10
evaluation of the palliative care consumer and professional information and 11
education program established under this section.
(b) Understanding and evaluating the impact palliative care has on families 13
and the experiences of families that have used or had a family member use palliative 14
(c) Establishing a system to identify patients or residents who could benefit 16
from palliative care and determining how to provide information about and facilitate 17
access to appropriate palliative care services for patients or residents with serious 18
(d) Any other issues relating to palliative care that arise through council 20
meetings or other discussions, as determined appropriate by the council, but not 21
including physician-assisted suicide.
The department, in consultation with the council, shall establish a 23
statewide palliative care consumer and professional information and education 24
program to ensure that comprehensive and accurate information and education
about palliative care are available to the public, health care providers, and health 2
The department shall make available electronically on its Internet site 4
information and resources regarding palliative care, including all of the following 5
(a) Links to external resources regarding palliative care.
(b) Continuing education opportunities for health care providers.
(c) Information about palliative care delivery in the home, primary, secondary, 9
and tertiary environments.
(d) Consumer educational materials regarding palliative care, including 11
Beginning January 1, 2022, and biennially thereafter, the council shall 13
submit a report to the appropriate standing committees of the legislature providing 14
the council's analysis on the following issues:
(a) The availability of palliative care in this state for patients in the early stages 16
of serious disease.
(b) Barriers to greater access to palliative care.
(c) The impact of palliative care on families that have experience with palliative 19