LRB-2026/1
RLR:jld:jf
2003 - 2004 LEGISLATURE
October 2, 2003 - Introduced by Representatives Krawczyk, Colon, Ladwig, Boyle,
Cullen, J. Lehman, Staskunas, Taylor, Bies, Musser, Seratti, Owens,
Huebsch, Hahn, Hundertmark, McCormick, Jeskewitz, Gronemus, Huber,
Black, Hines, Van Roy, Zepnick, Olsen
and Townsend, cosponsored by
Senators Roessler, Erpenbach, Lassa, M. Meyer and Schultz. Referred to
Committee on Health.
AB554,1,3 1An Act to create 154.07 (1) (c), 155.50 (4) and 155.70 (10) of the statutes;
2relating to: declarations to physicians regarding life-sustaining measures
3and powers of attorney for health care.
Analysis by the Legislative Reference Bureau
Under current law, a person may execute a health care power of attorney
granting an agent authority to make health care decisions for the person if the person
becomes incapacitated. A person may also execute a written declaration to
physicians that authorizes the withholding or withdrawal of life-sustaining
procedures or of a feeding tube if the person is in a terminal condition or in a
persistent vegetative state. Current law establishes certain requirements for the
execution of a health care power of attorney or a declaration to physicians, including,
for example, that it must be signed by the person in the presence of two witnesses.
Current law also limits the authority that a person may grant under a power of
attorney or a declaration. For example, a person may not grant an agent the
authority to commit the person to a mental facility nor authorize a physician to
withhold or withdraw life-sustaining procedures in situations in which such
withholding or withdrawal would cause the person pain.
Current law also provides health care facilities and health care providers
immunity from civil or criminal action for certain acts or omissions in connection
with a health care power of attorney or a declaration to physicians. Finally, current
law provides that a declaration to physicians that is executed in another state or
jurisdiction in compliance with the law in that state or jurisdiction is valid and

enforceable in Wisconsin to the extent that the declaration is consistent with
Wisconsin law concerning declarations to physicians.
This bill provides that a health care power of attorney executed in another state
or jurisdiction in compliance with the laws of that state or jurisdiction is valid and
enforceable in Wisconsin to the extent that it authorizes a health care agent to make
decisions that a health care agent may make under Wisconsin law. The bill further
provides that the immunities relating to health care powers of attorney and
declarations to physicians apply to acts or omissions in connection with a provision
of a health care power of attorney or a declaration to physicians that is executed in
another state or jurisdiction if the provision is valid and enforceable in Wisconsin.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB554, s. 1 1Section 1. 154.07 (1) (c) of the statutes is created to read:
AB554,2,42 154.07 (1) (c) Pars. (a) and (b) apply to acts or omissions in connection with a
3provision of a document that is executed in another jurisdiction if the provision is
4valid and enforceable under s. 154.11 (9).
AB554, s. 2 5Section 2. 155.50 (4) of the statutes is created to read:
AB554,2,86 155.50 (4) Subsections (1), (2), and (3) apply to acts or omissions in connection
7with a provision of a power of attorney for health care that is executed in another
8jurisdiction if the provision is valid and enforceable under s. 155.70 (10).
AB554, s. 3 9Section 3. 155.70 (10) of the statutes is created to read:
AB554,2,1510 155.70 (10) A valid document granting a health care agent authority to make
11health care decisions for a principal that is executed in another state or jurisdiction
12in compliance with the law of that state or jurisdiction is valid and enforceable in this
13state to the extent that the document authorizes the health care agent to make
14decisions for the principal that a health care agent may make for a principal under
15this chapter.
AB554, s. 4 16Section 4. Initial applicability.
AB554,3,2
1(1) This act first applies to documents that exist on the effective date of this
2subsection.
AB554,3,33 (End)
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