SB488: Bill Text

SB488,9,20 INSPECTION AND DISCLOSURE OF INFORMATION

SB488,9,21 RELATING TO MY PHYSICAL OR MENTAL HEALTH

SB488,9,23 Subject to any limitations in this document, my health care agent has the authority to do all of the following:

SB488,9,25 (a) Request, review and receive any information, oral or written, regarding my physical or mental health, including medical and hospital records.

SB488,10,2 (b) Execute on my behalf any documents that may be required in order to obtain this information.

SB488,10,3 (c) Consent to the disclosure of this information.

SB488,10,4 (The principal and the witnesses all must sign the document at the same time.)

SB488,10,5 SIGNATURE OF PRINCIPAL

SB488,10,6 (person creating the power

SB488,10,7 of attorney for health care)

SB488,10,8 Signature.... Date....

SB488,10,10 (The signing of this document by the principal revokes all previous powers of attorney for health care documents.)

SB488,10,11 STATEMENT OF WITNESSES

SB488,10,21 I know the principal personally and I believe him or her to be of sound mind and at least 18 years of age. I believe that his or her execution of this power of attorney for health care is voluntary. I am at least 18 years of age, am not related to the principal by blood, marriage or adoption and am not directly financially responsible for the principal's health care. I am not a health care provider who is serving the principal at this time, an employe of the health care provider, other than a chaplain or a social worker, or an employe, other than a chaplain or a social worker, of an inpatient health care facility in which the declarant is a patient. I am not the principal's health care agent. To the best of my knowledge, I am not entitled to and do not have a claim on the principal's estate.

SB488,10,22 Witness No. 1:

SB488,10,23 (print) Name.... Date....

SB488,10,24 Address....

SB488,10,25 Signature....

SB488,11,1 Witness No. 2:

SB488,11,2 (print) Name.... Date....

SB488,11,3 Address....

SB488,11,4 Signature....

SB488,11,5 STATEMENT OF HEALTH CARE AGENT

SB488,11,6 AND ALTERNATE HEALTH CARE AGENT

SB488,11,10 I understand that.... (name of principal) has designated me to be his or her health care agent or alternate health care agent if he or she is ever found to have incapacity and unable to make health care decisions himself or herself. .... (name of principal) has discussed his or her desires regarding health care decisions with me.

SB488,11,11 Agent's signature....

SB488,11,12 Address....

SB488,11,13 Alternate's signature....

SB488,11,14 Address....

SB488,11,17 Failure to execute a power of attorney for health care document under chapter 155 of the Wisconsin Statutes creates no presumption about the intent of any individual with regard to his or her health care decisions.

SB488,11,19 This power of attorney for health care is executed as provided in chapter 155 of the Wisconsin Statutes.

SB488,11,20 ANATOMICAL GIFTS (optional)

SB488,11,21 Upon my death:

SB488,11,23 .... I wish to donate only the following organs or parts: .... (specify the organs or parts).

SB488,11,24 .... I wish to donate any needed organ or part.

SB488,12,4 .... I wish to donate my body for anatomical study if needed. (Since many institutions have certain conditions that must be met before receiving donation of a body, I will attempt to contact the institution to which the donation is intended to be made.)

SB488,12,7 .... I refuse to make an anatomical gift. (If this revokes a prior commitment that I have made to make an anatomical gift to a designated donee, I will attempt to notify the donee to which or to whom I agreed to donate.)

SB488,12,9 Failing to check any of the lines immediately above creates no presumption about my desire to make or refuse to make an anatomical gift.

SB488,12,10 Signature.... Date....

SB488, s. 7 Section 7. 155.30 (3m) of the statutes is created to read:

SB488,12,14 155.30 (3m) The department may modify the form specified in sub. (3) to include, for the purposes of making an anatomical gift, the toll-free telephone number of the Wisconsin donor registry under s. 157.06 (10r).

SB488, s. 8 Section 8. 157.06 (1) (c) 2. of the statutes is renumbered 157.06 (1) (c) and amended to read:

SB488,12,20 157.06 (1) (c) "Document of gift" means a card, a statement attached to or imprinted on a license under s. 343.175 (2) or on an identification card under s. 343.50 (3), a will, an enrollment form signed as specified in sub. (10r) (b) or another writing used to make an anatomical gift.

SB488, s. 9 Section 9. 157.06 (1) (em) of the statutes is created to read:

SB488,12,23 157.06 (1) (em) "Eye bank" means a repository for donated human eyes or portions of eyes destined for ocular transplant surgery and research.

SB488, s. 10 Section 10. 157.06 (1) (km) of the statutes is created to read:

SB488,13,1 157.06 (1) (km) "Tissue bank" means a repository for donated tissue and bone.

SB488, s. 11 Section 11. 157.06 (2) (b) of the statutes is amended to read:

SB488,13,8 157.06 (2) (b) An anatomical gift under par. (a) may be made only by a document of gift signed and dated by the donor. If the donor cannot so sign and date, the document of gift shall be signed and dated by another individual and by 2 witnesses, all of whom have signed and dated at the direction and in the presence of the donor and of each other, and the document of gift shall state that it has been so signed and dated.

SB488, s. 12 Section 12. 157.06 (2) (f) 1. of the statutes is amended to read:

SB488,13,10 157.06 (2) (f) 1. Signing and dating a statement of amendment or revocation.

SB488, s. 13 Section 13. 157.06 (2) (f) 1m. of the statutes is amended to read:

SB488,13,14 157.06 (2) (f) 1m. Signing and dating a new document of gift. Signing and dating a new document of gift revokes any previously signed and dated document of gift.

SB488, s. 14 Section 14. 157.06 (2) (f) 4. of the statutes is amended to read:

SB488,13,17 157.06 (2) (f) 4. Delivering a signed and dated statement of amendment or revocation to a specified donee to whom a document of gift had been delivered.

SB488, s. 15 Section 15. 157.06 (2) (f) 5. b. of the statutes is renumbered 157.06 (2) (f) 5. and amended to read:

SB488,13,22 157.06 (2) (f) 5. Crossing out or amending and dating the donor authorization or refusal in the space provided on his or her license as prescribed in s. 343.175 (2) or identification card as prescribed in s. 343.50 (3).

SB488, s. 16 Section 16. 157.06 (2) (i) 1. of the statutes is amended to read:

SB488,13,25 157.06 (2) (i) 1. Making a writing of refusal that is signed and dated in the same manner as is required for a document of gift.

SB488, s. 17 Section 17. 157.06 (2) (i) 2. b. of the statutes is amended to read:

SB488,14,4 157.06 (2) (i) 2. b. Attaching Dating and attaching a statement of refusal to or imprinting a statement of refusal on his or her license under s. 343.175 (2) or identification card under s. 343.50 (3).

SB488, s. 18 Section 18. 157.06 (2) (i) 3. of the statutes is amended to read:

SB488,14,9 157.06 (2) (i) 3. Making and dating any other writing that is used to identify the individual as refusing to make an anatomical gift. During the individual's terminal illness or injury, he or she may make the refusal by an oral statement or other form of communication to another.

SB488, s. 19 Section 19. 157.06 (2) (L) of the statutes is created to read:

SB488,14,13 157.06 (2) (L) Notwithstanding the requirements for dating documents under pars. (b), (f) 1., 1m. 4. and 5. and (i) 1., 2. b. and 3. and s. 343.175 (2) (ar) and (b), and except as provided in ss. 155.10 (1) (b) and 155.40 (1) (b), all of the following apply:

SB488,14,15 1. The existence of a document of gift in undated form does not invalidate the document of gift.

SB488,14,17 2. The existence of a written but undated amendment to a document of gift does not invalidate the amendment.

SB488,14,19 3. The existence of a written but undated revocation of an anatomical gift does not invalidate the revocation.

SB488,14,21 4. The existence of a written but undated refusal to make an anatomical gift does not invalidate the refusal.

SB488,14,23 5. The existence of a written but undated revocation of a refusal to make an anatomical gift does not invalidate the revocation of the refusal.

SB488, s. 20 Section 20. 157.06 (10m) of the statutes is created to read:

SB488,15,2 157.06 (10m) Donor registry board. (a) The donor registry board shall do all of the following:

SB488,15,10 1. Review requests for proposals and, from the appropriation under s. 20.435 (1) (bm), award one or more contracts to establish, operate and maintain the Wisconsin donor registry. The board shall consult with the department in preparing requests for proposals under this subdivision. A contract under this subdivision shall specify that the awardee shall, at the end of the contract term or if the contract is otherwise terminated, relinquish to the board the names of enrollees and other information in the registry and any rights to a toll-free telephone number for the registry.

SB488,15,13 2. Direct and monitor or, from the appropriation under s. 20.435 (1) (bm), award a contract for the monitoring of the operation of and services provided by the Wisconsin donor registry.

SB488,15,15 3. Promulgate rules that ensure the confidentiality of enrollees of the Wisconsin donor registry.

SB488,15,18 4. Study the effectiveness of the Wisconsin donor registry and, by March 1, 2003, report the study results to the legislature under s. 13.172 (2) and to the governor.

SB488,15,20 (b) The department of health and family services shall provide technical support to the donor registry board.

SB488, s. 21 Section 21. 157.06 (10m) (a) 1. of the statutes, as created by 1999 Wisconsin Act .... (this act), is amended to read:

SB488,16,5 157.06 (10m) (a) 1. Review requests for proposals and, from the appropriation under s. 20.435 (1) (bm), award one or more contracts to establish, operate and maintain the Wisconsin donor registry. The board shall consult with the department in preparing requests for proposals under this subdivision. A contract under this subdivision shall specify that the awardee shall, at the end of the contract term or if the contract is otherwise terminated, relinquish to the board the names of enrollees and other information in the registry and any rights to a toll-free telephone number for the registry.

SB488, s. 22 Section 22. 157.06 (10r) of the statutes is created to read:

SB488,16,14 157.06 (10r) Wisconsin donor registry. (a) Under a contract that is awarded under sub. (10m) (a) 1., an entity shall establish, operate and maintain an organ and tissue donor registry, to be known as the "Wisconsin donor registry", that includes the names of and pertinent information concerning persons who are enrolled to provide anatomical gifts. The entity may release information from the registry only to organ procurement organizations, eye banks, tissue banks, the donor registry board and its staff and any successor contractor. Information in the registry is not available for inspection or copying under s. 19.35 (1).

SB488,16,20 (b) An individual who desires to make an anatomical gift and to be enrolled in the Wisconsin donor registry shall sign an enrollment form and return the form to the registry or to the department of transportation under s. 343.14 (6) (b) or 343.50 (4m) (c). The enrollment form may be designed by the entity that operates and maintains the registry, but no form may conflict with the requirements of this section.

SB488,16,25 (c) The entity that operates and maintains the Wisconsin donor registry shall operate a toll-free telephone number and may maintain an Internet Web site, to provide information about making an anatomical gift and about enrollment in and disenrollment from the registry. Any computer technology developed by the entity under this paragraph is the property of the donor registry board.

SB488,17,3 (d) No organ procurement organization, tissue bank or eye bank may be required to contribute directly money or any other thing of value to provide payment for operation of the Wisconsin donor registry.

SB488, s. 23 Section 23. 157.06 (10r) (a) of the statutes, as created by 1999 Wisconsin Act .... (this act), is amended to read:

SB488,17,13 157.06 (10r) (a) Under a contract that is awarded under sub. (10m) (a) 1., an entity shall establish, operate and maintain an organ and tissue donor registry, to be known as the "Wisconsin donor registry", that includes the names of and pertinent information concerning persons who are enrolled to provide anatomical gifts. The entity may release information from the registry only to organ procurement organizations, eye banks, tissue banks, the donor registry board and its staff and any successor contractor. Information in the registry is not available for inspection or copying under s. 19.35 (1).

SB488, s. 24 Section 24. 343.14 (2) (g) 2m. of the statutes is created to read:

SB488,17,17 343.14 (2) (g) 2m. The name and address of the applicant will be forwarded by the department to the Wisconsin donor registry under s. 157.06 (10r) (a) if the response to the question under this paragraph is affirmative.

SB488, s. 25 Section 25. 343.14 (6) of the statutes is renumbered 343.14 (6) (a).