LRB-5134/1
SWB&TJD:ahe&wlj
2017 - 2018 LEGISLATURE
February 28, 2018 - Introduced by Representatives Horlacher, Macco, Ballweg,
Considine, Edming, Kolste, Sinicki, Subeck, Spiros, Tusler, Mursau, Wachs
and Spreitzer, cosponsored by Senator Bewley. Referred to Committee on
Health.
AB987,1,5 1An Act to amend subchapter I (title) of chapter 154 [precedes 154.01], 154.03
2(2) (intro.), 154.13 (title), 154.13 (3), 155.30 (3) (intro.), 155.65 (title) and 155.65
3(3); and to create 154.015, 154.13 (1m), 154.13 (2m), 155.65 (1m) and 155.65
4(2m) of the statutes; relating to: authorizing creation and implementation of
5an advance directive registry and granting rule-making authority.
Analysis by the Legislative Reference Bureau
This bill authorizes the Department of Health Services to develop and
implement a registry for power of attorney for health care instruments, declarations
to physicians, do-not-resuscitate orders, authorizations for final disposition, and
any other advance directives included by DHS. If DHS develops a registry, DHS may
promulgate rules to implement the registry.
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:
AB987,1 6Section 1 . Subchapter I (title) of chapter 154 [precedes 154.01] of the statutes
7is amended to read:
AB987,2,1
1CHAPTER 154
AB987,2,42 SUBCHAPTER I
3 DEFINITIONS and
4 general provisions
AB987,2 5Section 2 . 154.015 of the statutes is created to read:
AB987,2,6 6154.015 Advance directive registry. (1) In this section:
AB987,2,77 (a) “Advance directive” has the meaning given in 42 CFR 489.100.
AB987,2,98 (b) “Authorization for final disposition” has the meaning given in s. 154.30 (1)
9(a).
AB987,2,1010 (c) “Declaration” has the meaning given in s. 154.02 (1).
AB987,2,1111 (d) “Do-not-resuscitate order” has the meaning given in s. 154.17 (2).
AB987,2,1212 (e) “Health care provider” has the meaning given in s. 155.01 (7).
AB987,2,1413 (f) “Power of attorney for health care instrument” means an instrument
14designating a power of attorney for health care executed under ch. 155.
AB987,2,18 15(2) The department may develop and implement a registry for power of
16attorney for health care instruments, declarations to physicians, do-not-resuscitate
17orders, authorizations for final disposition, and any other advance directives
18included by the department.
AB987,2,23 19(3) (a) Registration of a document or failure to register a document with a
20registry maintained by the department under this section does not affect the validity
21of the document. Failure to notify the department of the revocation of a document
22included on a registry under this section does not affect the validity of a revocation
23that otherwise meets the statutory requirements for revocation.
AB987,3,3
1(b) The department is not required to review a document submitted for
2inclusion on a registry under this section to determine whether the document
3complies with statutory requirements applicable to that document.
AB987,3,5 4(4) The department may promulgate rules to implement any registry
5established under this section.
AB987,3,8 6(5) All data and information submitted to or contained in a registry under this
7section shall remain confidential and is not subject to public inspection or copying
8under s. 19.35 (1).
AB987,3,13 9(6) The department and its employees and agents are immune from liability
10for any act or omission, in good faith, relating to the creation, installation,
11implementation, operation, maintenance, or use of any registry established by the
12department under this section. This subsection does not limit immunity otherwise
13available under s. 893.80 (4).
AB987,3 14Section 3 . 154.03 (2) (intro.) of the statutes is amended to read:
AB987,4,715 154.03 (2) (intro.) The department shall prepare and provide copies of the
16declaration and accompanying information for distribution in quantities to health
17care professionals, hospitals, nursing homes, county clerks, and local bar
18associations and individually to private persons. The department shall include, in
19information accompanying the declaration, at least the statutory definitions of terms
20used in the declaration, statutory restrictions on who may be witnesses to a valid
21declaration, a statement explaining that valid witnesses acting in good faith are
22statutorily immune from civil or criminal liability, an instruction to potential
23declarants to read and understand the information before completing the
24declaration, and a statement explaining that an instrument may, but need not be,
25filed with the register in probate of the declarant's county of residence or submitted

1to any registry established by the department under s. 154.015
. The department
2may charge a reasonable fee for the cost of preparation and distribution. The
3declaration distributed by the department of health services shall be easy to read,
4the type size may be no smaller than 10 point, and the declaration shall be in the
5following form, setting forth on the first page the wording before the ATTENTION
6statement and setting forth on the 2nd page the ATTENTION statement and
7remaining wording:
AB987,4 8Section 4 . 154.13 (title) of the statutes is amended to read:
AB987,4,9 9154.13 (title) Filing or registering declaration.
AB987,5 10Section 5 . 154.13 (1m) of the statutes is created to read:
AB987,4,1311 154.13 (1m) A declarant or an individual authorized by the declarant may
12submit a copy of the declarant's declaration to any registry established by the
13department under s. 154.015.
AB987,6 14Section 6. 154.13 (2m) of the statutes is created to read:
AB987,4,1615 154.13 (2m) If the department establishes a registry under s. 154.015, access
16to documents on the registry is subject to any rules established by the department.
AB987,7 17Section 7 . 154.13 (3) of the statutes is amended to read:
AB987,4,2018 154.13 (3) Failure to file a declaration under sub. (1) or submit a declaration
19under sub. (1m)
creates no presumption about the intent of an individual with regard
20to his or her health care decisions.
AB987,8 21Section 8 . 155.30 (3) (intro.) of the statutes is amended to read:
AB987,5,1122 155.30 (3) (intro.) The department shall prepare and provide copies of a power
23of attorney for health care instrument and accompanying information for
24distribution in quantities to health care professionals, hospitals, nursing homes,
25multipurpose senior centers, county clerks, and local bar associations and

1individually to private persons. The department shall include, in information
2accompanying the copy of the instrument, at least the statutory definitions of terms
3used in the instrument, statutory restrictions on who may be witnesses to a valid
4instrument, a statement explaining that valid witnesses acting in good faith are
5statutorily immune from civil or criminal liability, and a statement explaining that
6an instrument may, but need not, be filed with the register in probate of the
7principal's county of residence or submitted to any registry established by the
8department under s. 154.015
. The department may charge a reasonable fee for the
9cost of preparation and distribution. The power of attorney for health care
10instrument distributed by the department shall include the notice specified in sub.
11(1) and shall be in the following form:
AB987,9 12Section 9 . 155.65 (title) of the statutes is amended to read:
AB987,5,13 13155.65 (title) Filing or registering power of attorney instrument.
AB987,10 14Section 10 . 155.65 (1m) of the statutes is created to read:
AB987,5,1715 155.65 (1m) A principal or a principal's health care agent may submit a copy
16of the principal's power of attorney for health care instrument to any registry
17established by the department under s. 154.015.
AB987,11 18Section 11. 155.65 (2m) of the statutes is created to read:
AB987,5,2019 155.65 (2m) If the department establishes a registry under s. 154.015, access
20to documents on the registry is subject to any rules established by the department.
AB987,12 21Section 12 . 155.65 (3) of the statutes is amended to read:
AB987,6,222 155.65 (3) Failure to file a power of attorney for health care instrument under
23sub. (1) or to submit a power of attorney for health care instrument under sub. (1m)

1creates no presumption about the intent of an individual with regard to his or her
2health care decisions.
AB987,6,33 (End)
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