SB151: Bill Text

SB151,3,4 146.82 (2) (a) 8m. To the department under s. 156.07 (8) (g).

SB151, s. 3 Section 3. Chapter 156 of the statutes is created to read:

SB151,3,7 Chapter 156 Death with dignity

SB151,3,8 156.01 Definitions. In this chapter:

SB151,3,10 (1) "Attending physician" means a physician who has primary responsibility for the care of the requester and treatment of the requester's terminal disease.

SB151,3,12 (2) "Comfort care" means palliative care, as defined in s. 50.90 (3), or supportive care, as defined in s. 50.90 (4).

SB151,3,15 (3) "Consulting physician" means a physician who is qualified by specialty or experience to make a professional diagnosis and prognosis with respect to the requester's disease.

SB151,3,16 (4) "Department" means the department of health and family services.

SB151,3,17 (5) "Health care facility" has the meaning given in s. 155.01 (6).

SB151,3,18 (6) "Health care provider" has the meaning given in s. 155.01 (7).

SB151,3,21 (7) "Incapacity" means the inability to receive and evaluate information effectively or to communicate decisions to such an extent that the individual lacks the capacity to manage his or her health care decisions.

SB151,4,4 (8) "Informed decision" means a decision by an individual, to request and obtain medication under a prescription so as to end his or her life in a humane and dignified manner, that is based on an appreciation of the relevant facts and is made after having been fully informed by the attending physician of all of the following:

SB151,4,5 (a) The individual's medical diagnosis.

SB151,4,6 (b) The individual's prognosis.

SB151,4,7 (c) The potential risks associated with taking the medication to be prescribed.

SB151,4,8 (d) The probable result of taking the medication to be prescribed.

SB151,4,10 (e) The feasible alternatives, including comfort care, care of a hospice, and pain control.

SB151,4,11 (9) "Multipurpose senior center" has the meaning given in s. 155.01 (9).

SB151,4,12 (10) "Patient health care records" has the meaning given in s. 146.81 (4).

SB151,4,13 (11) "Physician" has the meaning given in s. 448.01 (5).

SB151,4,15 (12) "Request for medication" means a request made under s. 156.03 that meets the requirements of s. 156.05.

SB151,4,18 (13) "Requester" means an individual who requests medication under the requirements of this chapter for the purpose of ending his or her life in a humane and dignified manner.

SB151,4,19 (14) "Residence" has the meaning given in s. 46.27 (1) (d).

SB151,4,23 (15) "Responsible person" means the attending physician, a health care provider serving the requester, an inpatient health care facility in which the requester is located, or the requester's spouse, child, parent, brother, sister, grandparent, or grandchild.

SB151,5,3 (16) "Social worker" means a person certified as a social worker, advanced practice social worker, independent social worker, or independent clinical social worker under s. 457.08.

SB151,5,6 (17) "Terminal disease" means an incurable and irreversible disease that has been diagnosed by an individual's attending physician and medically confirmed and that will, within reasonable medical judgment, cause death within 6 months.

SB151,5,12 156.03 Authorization to make request. An individual who is of sound mind, has attained age 18, has residence in this state, does not have incapacity, and has a terminal disease may voluntarily make a request for medication for the purpose of ending his or her life in a humane and dignified manner. An individual for whom an adjudication of incompetence and appointment of a guardian of the person is in effect under ch. 54 is presumed not to be of sound mind for purposes of this section.

SB151,5,14 156.05 Valid request for medication; requirements. (1) A request for medication under s. 156.03 is valid only if it is all of the following:

SB151,5,15 (a) In writing.

SB151,5,17 (b) Dated and signed by the requester or, at the express direction and in the presence of the requester, by an individual who has attained age 18.

SB151,5,18 (c) Signed in the presence of 3 witnesses who meet the requirements of sub. (2).

SB151,5,19 (d) Made voluntarily.

SB151,5,20 (e) Substantially in the form specified in s. 156.15.

SB151,5,24 (f) Filed in the requester's patient health care record in the custody of the requester's attending physician and, if the requester is an inpatient of a health care facility, in the requester's patient health care record in the custody of the health care facility.

SB151,6,3 (2) (a) A witness to the making of a valid request for medication shall be an individual who has attained age 18. No witness to the making of a valid request for medication may, at the time of the witnessing, be any of the following:

SB151,6,4 1. Related to the requester by blood, marriage, or adoption.

SB151,6,6 2. An individual who has knowledge that he or she is entitled to or has a claim on any portion of the requester's estate.

SB151,6,7 3. Directly financially responsible for the requester's health care.

SB151,6,11 4. An individual who is a health care provider who is serving the requester at the time of the witnessing; an employee, other than a chaplain or a social worker, of the health care provider; or an employee, other than a chaplain or a social worker, of a health care facility in which the requester is a patient.

SB151,6,14 (b) If a requester is a resident of a nursing home or community-based residential facility, at least one of the witnesses to the request shall be a patients' advocate designated under s. 156.19.

SB151,6,16 156.07 Attending physician; responsibilities and limitations. The attending physician shall do all of the following:

SB151,6,18 (1) Determine whether the requester has a terminal disease, does not have incapacity, and is making a request under s. 156.03 voluntarily.

SB151,6,19 (2) Inform the requester of all of the following:

SB151,6,20 (a) The requester's medical diagnosis.

SB151,6,21 (b) The requester's prognosis.

SB151,6,22 (c) The potential risks associated with taking the medication to be prescribed.

SB151,6,23 (d) The probable result of taking the medication to be prescribed.

SB151,6,25 (e) The feasible alternatives to taking the medication to be prescribed, including comfort care, care of a hospice, and pain control.

SB151,7,2 (3) Refer the requester to a consulting physician under the requirements of s. 156.09.

SB151,7,4 (4) Refer the requester for review and counseling if the referral is determined to be appropriate under s. 156.11.

SB151,7,6 (5) Ask the requester to notify his or her next of kin with respect to the request for medication.

SB151,7,10 (6) Inform the requester that he or she may revoke the request for medication at any time; explain the methods of revocation that are specified under s. 156.17 (1); and offer the requester an opportunity to revoke the request at the time, if any, that the requester orally asks for medication under s. 156.13 (3) (c).

SB151,7,12 (7) Before writing a prescription that fulfills a request for medication, verify that all of the following have occurred:

SB151,7,13 (a) The requester has fulfilled the requirements of s. 156.13 (3).

SB151,7,15 (b) No fewer than 48 hours have elapsed since the requester made a request for medication.

SB151,7,16 (c) The requester has made an informed decision.

SB151,7,18 (8) Document or file all of the following in the requester's patient health care record:

SB151,7,20 (a) All occasions which the requester orally asks for medication under s. 156.13 (3) and all requests for medication that are made by the requester.

SB151,7,23 (b) The attending physician's diagnosis of and prognosis for the requester and determination as to whether the requester is incapacitated, is acting voluntarily, and has made an informed decision.

SB151,8,3 (c) The consulting physician's diagnosis of and prognosis for the requester and determination as to whether the requester is incapacitated, is acting voluntarily, and has made an informed decision.

SB151,8,5 (d) A certification of the outcome and determinations made during any review and counseling for which the requester was referred under s. 156.11.

SB151,8,7 (e) A certification as to whether the attending physician offered the requester an opportunity to revoke the request for medication, as required under sub. (6).

SB151,8,8 (f) Evidence of a revocation, if made, as specified in s. 156.17 (2).

SB151,8,19 (g) A certification as to whether the requirements of this chapter are met and indicating the steps taken to fulfill the request for medication, including a notation of any medication that is prescribed. The attending physician shall report the information under this paragraph to the department on a form prescribed by the department. Information reported to the department under this paragraph that could identify the requester, the attending physician, the consulting physician, or the psychiatrist or psychologist to whom referral was made under s. 156.11, if any, is confidential and may not be disclosed by the department except under an investigation of an alleged violation of this chapter. The report of information under this paragraph is not a violation of any person's responsibility for maintaining the confidentiality of patient health care records under s. 146.82.

SB151,9,2 (9) If the attending physician refuses to fulfill the requester's request for medication under this chapter, the attending physician shall make a good faith attempt to transfer the requester's care and treatment to another physician who will act as the attending physician under this chapter and will fulfill the requester's request for medication. If a transfer is made, the attending physician to whom the requester's care and treatment is transferred shall comply with the requirements of this section.

SB151,9,8 156.09 Consulting physician. Before an attending physician may fulfill a request for medication under this chapter, a consulting physician shall examine the requester and his or her relevant patient health care records and shall medically confirm the attending physician's determinations that the requester suffers from a terminal disease, does not have incapacity, is making a request for medication voluntarily, and has made an informed decision.

SB151,9,19 156.11 Referral for review and counseling. If in the opinion of the attending physician or the consulting physician a requester may be suffering from a psychiatric or psychological disorder, including depression, that causes impaired judgment, the attending physician or consulting physician shall refer the requester for review and counseling to a physician specializing in psychiatry or a licensed psychologist, as defined in s. 455.01 (4). No request for medication may be fulfilled under this chapter unless the physician specializing in psychiatry, or the psychologist, to whom referral was made, determines and certifies in writing that the requester is not suffering from a psychiatric or psychological disorder, including depression, that causes impaired judgment. The certification, if any, shall be filed in the requester's patient health care record under s. 156.07 (8).

SB151,9,22 156.13 Requester rights, responsibilities, and limitations. (1) No requester may receive a prescription that fulfills a request for medication unless he or she has made an informed decision.

SB151,9,25 (2) No requester may be required to notify his or her next of kin regarding his or her request for medication, and no request for medication may be denied because the requester has failed to notify his or her next of kin.

SB151,10,2 (3) In order to receive a prescription that fulfills a request for medication, a requester shall do all of the following:

SB151,10,4 (a) Orally ask his or her attending physician for medication for the purpose of ending his or her life.

SB151,10,6 (b) No fewer than 15 days after asking for medication under par. (a), make a request for medication.

SB151,10,9 (c) After making a request for medication under par. (b), orally ask his or her attending physician a 2nd time for medication for the purpose of ending his or her life.

SB151,10,20 156.15 Request for medication; form. The department shall prepare and provide copies of a request for medication form and accompanying information for distribution in quantities to health care providers, hospitals, nursing homes, multipurpose senior centers, county clerks, and local bar associations and individually to private persons. The department shall include, in information accompanying the copy of the request for medication form, at least the statutory definitions of terms used in the request for medication form, statutory restrictions on who may be witnesses to a valid request for medication, and a statement explaining that valid witnesses acting in good faith are statutorily immune from civil or criminal liability. The request for medication form distributed by the department shall be in the following form:

SB151,10,21 REQUEST FOR MEDICATION

SB151,10,22 TO END MY LIFE IN A HUMANE

SB151,10,23 AND DIGNIFIED MANNER

SB151,10,25 I, ...., am an adult of sound mind, do not have incapacity, and am a resident of Wisconsin.

SB151,11,2 I am suffering from ...., which my attending physician has determined is a terminal disease and which has been medically confirmed by a consulting physician.

SB151,11,5 I have been fully informed of my diagnosis, prognosis, the nature of medication to be prescribed and potential associated risks, the expected result, and the feasible alternatives, including comfort care, hospice care, and pain control.

SB151,11,7 I request that my attending physician prescribe medication that will end my life in a humane and dignified manner.

SB151,11,8 INITIAL ONE OF THE FOLLOWING 3 STATEMENTS:

SB151,11,10 .... I have informed my family members of my decision and taken their opinions into consideration.

SB151,11,11 .... I have decided not to inform my family of my decision.

SB151,11,12 .... I have no family to inform of my decision.

SB151,11,13 I understand that I have the right to revoke this request at any time.

SB151,11,15 I understand the full import of this request and I expect to die when I take the medication to be prescribed.

SB151,11,17 I make this request voluntarily and without reservation, and I accept full moral responsibility for my actions.

SB151,11,18 Signed: ....