AB658: Bill Text

LRB-1645/2

TAY:skg:mkd

1995 - 1996 LEGISLATURE

1995 Assembly BILL 658

November 3, 1995 - Introduced by Representatives Huber, Underheim, Krug, Klusman, Meyer, Hahn, Notestein, Skindrud, Cullen, Robson, La Fave, Wilder, Boyle, Plache, Hanson, Gronemus, R. Young, Baldwin, Springer and Wasserman, cosponsored by Senators Huelsman, Breske, Rosenzweig, Rude, Burke, Chvala, Risser, Wineke, Decker and Shibilski. Referred to Committee on Health.

AB658,1,8 An Act to renumber 154.01 (2), 154.01 (2m) and 154.01 (6); to amend chapter 154 (title), 154.07 (1) (a) 1., 154.07 (1) (b) 1., 154.07 (2), 154.11 (1), 154.11 (4), 154.11 (5), 154.11 (6), 155.20 (5) and 155.70 (3); and to create subchapter I (title) of chapter 154 [precedes 154.01], 154.02 (intro.), subchapter II (title) of chapter 154 [precedes 154.02] and subchapter III of chapter 154 [precedes 154.17] of the statutes; relating to: do-not-resuscitate orders in certain hospital and nonhospital situations, granting rule-making authority and providing a penalty.

Analysis by the Legislative Reference Bureau

This bill allows a person who has attained the age of 18 to request from his or her attending physician a do-not-resuscitate order that directs emergency medical technicians and emergency health care facilities personnel not to attempt cardiopulmonary resuscitation (CPR) if that person suffers cardiac or respiratory arrest. A person may not obtain a do-not-resuscitate order unless at least one of the following conditions applies:

1. The person has a terminal condition.

2. The person has a condition such that, were the person to suffer cardiac or pulmonary failure, resuscitation would be unsuccessful in restoring cardiac or respiratory function or the person would experience repeated cardiac or pulmonary failure within a short period before death occurs.

3. The person has a condition such that, were the person to suffer cardiac or pulmonary failure, resuscitation of the person would impose an extraordinary burden on that person in light of that person's medical condition and the expected outcome of resuscitation.

Under the bill, a person for whom the attending physician issues a do-not-resuscitate order is given a bracelet to wear that notifies emergency medical technicians and emergency health care facilities personnel that the person does not wish to be resuscitated. The order may be revoked at any time by the person for whom the order was issued by any of the following methods:

1. Prior to cardiac or respiratory arrest, the person expresses to an emergency medical technician or to a person who serves as a member of an emergency health care facility's personnel the desire to be resuscitated.

2. Prior to cardiac or respiratory arrest, the person defaces, burns, cuts or otherwise destroys the do-not-resuscitate bracelet.

3. The person removes the do-not-resuscitate bracelet or requests his or her attending physician to remove the do-not-resuscitate bracelet.

The bill specifies that no physician, emergency medical technician, health care professional or emergency health care facility acting under the directive of a do-not-resuscitate order may be held criminally or civilly liable, or charged with unprofessional conduct, for any of the following:

1. Withholding or withdrawing, or causing to be withheld or withdrawn, resuscitation from a patient.

2. Failing to act upon a revocation unless the person or facility had actual knowledge of the revocation.

3. Failing to comply with a do-not-resuscitate order if the person or facility in good faith believed that the order had been revoked.

Under the bill, withholding or withdrawing resuscitation does not constitute suicide and requesting a do-not-resuscitate order may not be used to impair the procurement or retention of life insurance.

The bill requires DHSS to establish by rule a uniform standard for the size and design of the do-not-resuscitate bracelet.

For further information see the state and local 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:

AB658, s. 1 Section 1. Chapter 154 (title) of the statutes is amended to read:

AB658,2,3 CHAPTER 154 NATURAL DEATH declaration to

AB658,2,5 physicians and do-not-resuscitate orders

AB658, s. 2 Section 2. Subchapter I (title) of chapter 154 [precedes 154.01] of the statutes is created to read:

AB658,3,3 Chapter 154

AB658,3,5 Subchapter I Definitions

AB658, s. 3 Section 3. 154.01 (2) of the statutes is renumbered 154.02 (1).

AB658, s. 4 Section 4. 154.01 (2m) of the statutes is renumbered 154.02 (2).

AB658, s. 5 Section 5. 154.01 (6) of the statutes is renumbered 154.02 (3).

AB658, s. 6 Section 6. 154.02 (intro.) of the statutes is created to read:

AB658,3,10 154.02 Definitions. (intro.) In this subchapter:

AB658, s. 7 Section 7. Subchapter II (title) of chapter 154 [precedes 154.02] of the statutes is created to read:

AB658,3,13 Chapter 154

AB658,3,15 Subchapter ii Declaration to physicians

AB658, s. 8 Section 8. 154.07 (1) (a) 1. of the statutes is amended to read:

AB658,3,18 154.07 (1) (a) 1. Participating in the withholding or withdrawal of life-sustaining procedures or feeding tubes under this chapter subchapter.

AB658, s. 9 Section 9. 154.07 (1) (b) 1. of the statutes is amended to read:

AB658,3,23 154.07 (1) (b) 1. No person who acts in good faith as a witness to a declaration under this chapter subchapter may be held civilly or criminally liable for participating in the withholding or withdrawal of life-sustaining procedures or feeding tubes under this chapter subchapter.

AB658, s. 10 Section 10. 154.07 (2) of the statutes is amended to read:

AB658,4,9 154.07 (2) Effect of declaration. The desires of a qualified patient who is competent supersede the effect of the declaration at all times. If a qualified patient is incompetent at the time of the decision to withhold or withdraw life-sustaining procedures or feeding tubes a declaration executed under this chapter subchapter is presumed to be valid. The declaration of a qualified patient who is diagnosed as pregnant by the attending physician has no effect during the course of the qualified patient's pregnancy. For the purposes of this chapter subchapter, a physician or inpatient health care facility may presume in the absence of actual notice to the contrary that a person who executed a declaration was of sound mind at the time.

AB658, s. 11 Section 11. 154.11 (1) of the statutes is amended to read:

AB658,4,14 154.11 (1) Suicide. The withholding or withdrawal of life-sustaining procedures or feeding tubes from a qualified patient under this chapter subchapter does not, for any purpose, constitute suicide. Execution of a declaration under this chapter subchapter does not, for any purpose, constitute attempted suicide.

AB658, s. 12 Section 12. 154.11 (4) of the statutes is amended to read:

AB658,4,18 154.11 (4) Other rights. This chapter subchapter does not impair or supersede any person's legal right to withhold or withdraw life-sustaining procedures or feeding tubes.

AB658, s. 13 Section 13. 154.11 (5) of the statutes is amended to read:

AB658,4,23 154.11 (5) Intent. Failure to execute a declaration under this chapter subchapter creates no presumption that the person consents to the use or withholding of life-sustaining procedures or feeding tubes in the event that the person suffers from a terminal condition or is in a persistent vegetative state.