SB62: Bill Text

LRB-0494/1

DAK:jld:jf

2007 - 2008 LEGISLATURE

2007 Senate BILL 62

February 21, 2007 - Introduced by Senators Roessler, Olsen and Schultz, cosponsored by Representatives Townsend, Hines, Stone, A. Ott, F. Lasee, Molepske, Berceau, Vos, Ballweg and Albers. Referred to Committee on Health and Human Services.

SB62,1,5 An Act to repeal 157.06 (2) (d); to amend 154.03 (2) (form), 157.06 (2) (i) (intro.), 157.06 (6) (b) and 157.06 (8) (b); and to create 154.06, 157.06 (2) (f) 7. and 157.06 (2) (i) 2m. of the statutes; relating to: creating the option to make an anatomical gift as part of a living will and eliminating the designation of a specific physician to perform transplantation.

Analysis by the Legislative Reference Bureau

Under current law, a person who is at least 18 years old may donate all or part of his or her body after death (make an anatomical gift) by signing a document of gift, together with two witnesses, or by signing the reverse side of a regular driver's license, a document that may be attached to a commercial driver's license, or an identification card that is issued by the Department of Transportation. In addition, a person may specify in a power of attorney for health care instrument that he or she wishes to make an anatomical gift. A person may also refuse to make an anatomical gift; limit an anatomical gift to specific purposes, including particular donees; require that a particular physician carry out the appropriate procedures; amend an anatomical gift; or revoke an anatomical gift. Lastly, a person may revoke or amend a refusal to make an anatomical gift. Any anatomical gift made by the donor that is not revoked by the donor before death is irrevocable and does not require the consent of anyone after the donor's death.

Also under current law, a person may execute a declaration to physicians (commonly known as a living will), which authorizes a physician to withhold or withdraw life-sustaining procedures or feeding tubes from the person when the person is in a terminal condition or is in a persistent vegetative state.

This bill authorizes a person who executes a living will to make an anatomical gift, amend such a gift, revoke an anatomical gift, or refuse to make an anatomical gift, as part of the living will. The bill permits the declarant of the living will to donate all of his or her organs, tissues, and eyes or to donate only specific organs, tissues, or eyes. Further, the bill permits the living will declarant to donate to a specific donee or, if that individual is not able to be a transplant recipient, to donate to any suitable person. Lastly, the bill permits the living will declarant to donate his or her organs, tissues, or eyes to a recovery agency for research and education if his or her organs, tissues, or eyes are unsuitable for transplantation. The bill specifies that failure to make an indication of desire or refusal to make an anatomical gift does not create a presumption about the declarant's intent with regard to the matter.

The bill eliminates the provision, under the anatomical gift laws, that permits a person to require that a particular physician carry out the procedures to make an anatomical gift.

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:

SB62, s. 1 Section 1. 154.03 (2) (form) of the statutes is amended to read:

SB62,2,2 154.03 (2) (form)

SB62,2,3 Declaration to physicians

SB62,2,4 (WISCONSIN LIVING WILL)

SB62,2,10 I,...., being of sound mind, voluntarily state my desire that my dying not be prolonged under the circumstances specified in this document. Under those circumstances, I direct that I be permitted to die naturally. If I am unable to give directions regarding the use of life-sustaining procedures or feeding tubes, I intend that my family and physician honor this document as the final expression of my legal right to refuse medical or surgical treatment.

SB62,2,12 In addition, I may, by this document, specify my wishes with respect to making an anatomical gift upon my death.

SB62,3,4 1. If I have a TERMINAL CONDITION, as determined by 2 physicians who have personally examined me, I do not want my dying to be artificially prolonged and I do not want life-sustaining procedures to be used. In addition, the following are my directions regarding the use of feeding tubes:

SB62,3,5 .... YES, I want feeding tubes used if I have a terminal condition.

SB62,3,6 .... NO, I do not want feeding tubes used if I have a terminal condition.

SB62,3,7 If you have not checked either box, feeding tubes will be used.

SB62,3,10 2. If I am in a PERSISTENT VEGETATIVE STATE, as determined by 2 physicians who have personally examined me, the following are my directions regarding the use of life-sustaining procedures:

SB62,3,12 .... YES, I want life-sustaining procedures used if I am in a persistent vegetative state.

SB62,3,14 .... NO, I do not want life-sustaining procedures used if I am in a persistent vegetative state.

SB62,3,15 If you have not checked either box, life-sustaining procedures will be used.

SB62,3,18 3. If I am in a PERSISTENT VEGETATIVE STATE, as determined by 2 physicians who have personally examined me, the following are my directions regarding the use of feeding tubes:

SB62,3,19 .... YES, I want feeding tubes used if I am in a persistent vegetative state.

SB62,3,20 .... NO, I do not want feeding tubes used if I am in a persistent vegetative state.

SB62,3,21 If you have not checked either box, feeding tubes will be used.

SB62,3,24 If you are interested in more information about the significant terms used in this document, see section 154.01 of the Wisconsin Statutes or the information accompanying this document.

SB62,4,2 ATTENTION: You and the 2 witnesses must sign the document at the same time.

SB62,4,3 Signed .... Date ....

SB62,4,4 Address .... Date of birth ....

SB62,4,8 I believe that the person signing this document is of sound mind. I am an adult and am not related to the person signing this document by blood, marriage or adoption. I am not entitled to and do not have a claim on any portion of the person's estate and am not otherwise restricted by law from being a witness.

SB62,4,9 Witness signature .... Date signed ....

SB62,4,10 Print name ....

SB62,4,11 Witness signature ... Date signed ....

SB62,4,12 Print name ....

SB62,4,13 DIRECTIVES TO ATTENDING PHYSICIAN

SB62,4,17 1. This document authorizes the withholding or withdrawal of life-sustaining procedures or of feeding tubes when 2 physicians, one of whom is the attending physician, have personally examined and certified in writing that the patient has a terminal condition or is in a persistent vegetative state.

SB62,4,23 2. The choices in this document were made by a competent adult. Under the law, the patient's stated desires must be followed unless you believe that withholding or withdrawing life-sustaining procedures or feeding tubes would cause the patient pain or reduced comfort and that the pain or discomfort cannot be alleviated through pain relief measures. If the patient's stated desires are that life-sustaining procedures or feeding tubes be used, this directive must be followed.

SB62,5,3 3. If you feel that you cannot comply with this document, you must make a good faith attempt to transfer the patient to another physician who will comply. Refusal or failure to make a good faith attempt to do so constitutes unprofessional conduct.

SB62,5,5 4. If you know that the patient is pregnant, this document has no effect during her pregnancy.

SB62,5,6 * * * * *

SB62,5,9 The person making this living will may use the following space to record the names of those individuals and health care providers to whom he or she has given copies of this document:

SB62,5,10 .................................................................

SB62,5,11 .................................................................