LRB-3999/5
DAK&TNF:cmh:hmh
1999 - 2000 LEGISLATURE
March 21, 2000 - Introduced by Senators Rosenzweig, Robson, Roessler,
Grobschmidt, Risser, Plache and Farrow, cosponsored by Representatives
Wasserman, Kaufert, Jeskewitz, Bock, Vrakas, Ladwig, Riley, Ryba, Albers,
Steinbrink, Huebsch, Walker, Plale, Balow, Musser, La Fave, Ainsworth,
Schooff, Kreuser, Plouff, Gronemus, J. Lehman, Hahn and Turner. Referred
to Committee on Health, Utilities, Veterans and Military Affairs.
SB488,2,2
1An Act to renumber 343.14 (6);
to renumber and amend 157.06 (1) (c) 2. and
2157.06 (2) (f) 5. b.;
to amend 20.435 (1) (bm), 146.71, 155.30 (3), 157.06 (2) (b),
3157.06 (2) (f) 1., 157.06 (2) (f) 1m., 157.06 (2) (f) 4., 157.06 (2) (i) 1., 157.06 (2)
4(i) 2. b., 157.06 (2) (i) 3., 157.06 (10m) (a) 1., 157.06 (10r) (a), 343.17 (3) (b),
5343.175 (1), 343.175 (2) (a), 343.175 (2) (ag), 343.175 (2) (ar), 343.175 (2) (b),
6343.20 (2m), 343.50 (3) and 343.50 (4m) (a); and
to create 15.195 (2), 20.435 (1)
7(bm), 155.30 (3m), 157.06 (1) (em), 157.06 (1) (km), 157.06 (2) (L), 157.06 (10m),
8157.06 (10r), 343.14 (2) (g) 2m., 343.14 (6) (b), 343.235 (3) (c), 343.24 (4) (c) 3.
9and 343.50 (4m) (c) of the statutes;
relating to: creating a donor registry board,
10creating a Wisconsin donor registry, the definition of "document of gift",
11modifying the form for the power of attorney for health care, requiring a study,
1providing an exemption from emergency rule procedures, granting
2rule-making authority and making an appropriation.
Analysis by the Legislative Reference Bureau
Under current law, a person who is 18 or older may make a donation of all or
a part of his or her body to a hospital, physician or an organ procurement
organization; to an accredited medical or dental school, college or university; or to a
designated individual. This anatomical gift may be made only if the donor signs a
document of gift, which may be a card, a statement attached to or imprinted on a
driver's license or identification card issued by the department of transportation
(DOT), a will or another writing, such as a power of attorney for health care, that is
used to make such a gift. The department of health and family services (DHFS) is
required to prepare and provide copies of a power of attorney for health care
instrument for distribution to the public; the form for the power of attorney for health
care instrument that DHFS must prepare is specified in the statutes.
This bill creates a donor registry board that is attached to DHFS, composed of
11 voting and two nonvoting members. The donor registry board must review
requests for proposals and award one or more contracts from general purpose
revenues, as appropriated under the bill, to establish, operate and maintain a
Wisconsin donor registry. The Wisconsin donor registry shall include names of and
pertinent information about persons who have signed enrollment forms indicating
their desires to make anatomical gifts. The bill authorizes the signing of an
enrollment form to be an additional means of making a document of gift. This
information is not subject to open records requirements and may be released by the
registry only to organ procurement organizations, eye banks, tissue banks, the donor
registry board and any successor contractors. Before the Wisconsin donor registry
is implemented, the donor registry board must promulgate rules that ensure the
confidentiality of registry enrollees and may promulgate the rules as emergency
rules without making a finding of emergency. The entity that operates the registry
must operate also 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. The donor registry board must study the
effectiveness of the registry and, by March 1, 2003, report the study results to the
governor and the legislature.
The bill also modifies the power of attorney for health care form, to indicate
that, since many institutions have certain conditions that must be met before
receiving a donated body, if the principal intends to donate his or her whole body to
an institution, the principal will attempt to contact the institution to which the
donation is intended to be made. In addition, the bill authorizes DHFS to modify the
form with respect to making an anatomical gift, to include the toll-free telephone
number to obtain information on the Wisconsin donor registry.
Under current law, DOT is required to inquire whether an applicant for a
driver's license or identification card (ID card) desires to be an organ donor. DOT
must record the applicant's response in its file on the person. The bill requires DOT
to forward to the Wisconsin donor registry, at least quarterly, a list of the names and
addresses of those applicants whose response to this inquiry was affirmative. The
bill also requires DOT to print the toll-free telephone number to obtain information
on the Wisconsin donor registry on the reverse side of every driver's license and ID
card. Finally, DOT must disseminate the enrollment form to all applicants for a
driver's license or ID card.
Lastly, the bill requests that the entity that operates and maintains the
Wisconsin donor registry study and, by January 1, 2002, report to the donor registry
board on the means by which names and information may be purged from the
registry after a period of time.
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:
SB488, s. 1
1Section
1. 15.195 (2) of the statutes is created to read:
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15.195
(2) Donor registry board. There is created a donor registry board,
3attached to the department of health and family services under s. 15.03. The donor
4registry board shall consist of the secretary of health and family services and the
5secretary of transportation, or their designees, as nonvoting members, and shall
6consist of the following voting members appointed for 3-year terms:
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(a) One representative of each of 2 organ procurement organizations.
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(b) Two representatives of repositories for donated human tissue and bone.
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(c) One representative of a repository for donated human eyes or portions of
10eyes.
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(d) One recipient of organ or tissue donation or his or her family member.
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(e) One organ or tissue donor or his or her family member.
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(f) One member nominated by the Wisconsin Health and Hospital Association,
14Inc.
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(g) One member nominated by the Wisconsin Nurses Association, Inc.
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1(h) One member nominated by the State Medical Society of Wisconsin.
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(i) One member nominated by the State Bar of Wisconsin.
SB488, s. 2
3Section
2. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
4the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
SB488, s. 3
5Section
3. 20.435 (1) (bm) of the statutes is created to read:
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20.435
(1) (bm)
Wisconsin donor registry. As a continuing appropriation, the
7amounts in the schedule for permanent property, supplies, services and staff support
8for the establishment, operation, maintenance and monitoring of the Wisconsin
9donor registry.
SB488, s. 4
10Section
4. 20.435 (1) (bm) of the statutes, as created by 1999 Wisconsin Act
11.... (this act), is amended to read:
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20.435
(1) (bm)
Wisconsin donor registry. As a continuing appropriation, the
13amounts in the schedule for permanent property, supplies, services and staff support
14for the
establishment, operation, maintenance and monitoring of the Wisconsin
15donor registry.
SB488, s. 5
16Section
5. 146.71 of the statutes is amended to read:
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17146.71 Determination of death. An individual who has sustained either
18irreversible cessation of circulatory and respiratory functions or irreversible
1cessation of all functions of the entire brain, including the brain stem, is dead. A
2determination of death shall be made in accordance with accepted medical
3standards.
A physician who acts in accordance with this section in making a
4determination of death or attempts in good faith to do so is not liable for that act in
5a civil action or criminal proceeding.
SB488, s. 6
6Section
6. 155.30 (3) of the statutes is amended to read:
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155.30
(3) The department shall prepare and provide copies of a power of
8attorney for health care instrument and accompanying information for distribution
9in quantities to health care professionals, hospitals, nursing homes, multipurpose
10senior centers, county clerks and local bar associations and individually to private
11persons. The department shall include, in information accompanying the copy of the
12instrument, at least the statutory definitions of terms used in the instrument,
13statutory restrictions on who may be witnesses to a valid instrument, a statement
14explaining that valid witnesses acting in good faith are statutorily immune from civil
15or criminal liability and a statement explaining that an instrument may, but need
16not, be filed with the register in probate of the principal's county of residence. The
17department may charge a reasonable fee for the cost of preparation and distribution.
18The power of attorney for health care instrument distributed by the department
19shall include the notice specified in sub. (1) and shall
, except as provided in sub. (3m), 20be in the following form:
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POWER OF ATTORNEY
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FOR HEALTH CARE
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Document made this.... day of.... (month),.... (year).
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CREATION OF POWER OF
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ATTORNEY FOR HEALTH CARE
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1I,.... (print name, address and date of birth), being of sound mind, intend by this
2document to create a power of attorney for health care. My executing this power of
3attorney for health care is voluntary. Despite the creation of this power of attorney
4for health care, I expect to be fully informed about and allowed to participate in any
5health care decision for me, to the extent that I am able. For the purposes of this
6document, "health care decision" means an informed decision to accept, maintain,
7discontinue or refuse any care, treatment, service or procedure to maintain, diagnose
8or treat my physical or mental condition.
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In addition, I may, by this document, specify my wishes with respect to making
10an anatomical gift upon my death.
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DESIGNATION OF HEALTH CARE AGENT
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If I am no longer able to make health care decisions for myself, due to my
13incapacity, I hereby designate.... (print name, address and telephone number) to be
14my health care agent for the purpose of making health care decisions on my behalf.
15If he or she is ever unable or unwilling to do so, I hereby designate.... (print name,
16address and telephone number) to be my alternate health care agent for the purpose
17of making health care decisions on my behalf. Neither my health care agent nor my
18alternate health care agent whom I have designated is my health care provider, an
19employe of my health care provider, an employe of a health care facility in which I
20am a patient or a spouse of any of those persons, unless he or she is also my relative.
21For purposes of this document, "incapacity" exists if 2 physicians or a physician and
22a psychologist who have personally examined me sign a statement that specifically
23expresses their opinion that I have a condition that means that I am unable to receive
24and evaluate information effectively or to communicate decisions to such an extent
1that I lack the capacity to manage my health care decisions. A copy of that statement
2must be attached to this document.
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GENERAL STATEMENT OF
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AUTHORITY GRANTED
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Unless I have specified otherwise in this document, if I ever have incapacity I
6instruct my health care provider to obtain the health care decision of my health care
7agent, if I need treatment, for all of my health care and treatment. I have discussed
8my desires thoroughly with my health care agent and believe that he or she
9understands my philosophy regarding the health care decisions I would make if I
10were able. I desire that my wishes be carried out through the authority given to my
11health care agent under this document.
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If I am unable, due to my incapacity, to make a health care decision, my health
13care agent is instructed to make the health care decision for me, but my health care
14agent should try to discuss with me any specific proposed health care if I am able to
15communicate in any manner, including by blinking my eyes. If this communication
16cannot be made, my health care agent shall base his or her decision on any health
17care choices that I have expressed prior to the time of the decision. If I have not
18expressed a health care choice about the health care in question and communication
19cannot be made, my health care agent shall base his or her health care decision on
20what he or she believes to be in my best interest.
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LIMITATIONS ON
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MENTAL HEALTH TREATMENT
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My health care agent may not admit or commit me on an inpatient basis to an
24institution for mental diseases, an intermediate care facility for the mentally
25retarded, a state treatment facility or a treatment facility. My health care agent may
1not consent to experimental mental health research or psychosurgery,
2electroconvulsive treatment or drastic mental health treatment procedures for me.
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ADMISSION TO NURSING HOMES
4
OR COMMUNITY-BASED RESIDENTIAL FACILITIES
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My health care agent may admit me to a nursing home or community-based
6residential facility for short-term stays for recuperative care or respite care.