SB377: Bill Text

SB377,15,4 MENTAL RETARDATION FACILITIES for the intellectually disabled AND COMMUNITY MENTAL HEALTH CENTERS CONSTRUCTION

SB377, s. 43 Section 43. 150.96 (2) of the statutes is amended to read:

SB377,15,13 150.96 (2) "Facility for the mentally retarded individuals with an intellectual disability" means a facility specially designed for the diagnosis, treatment, education, training or custodial care of the mentally retarded individuals with an intellectual disability; including facilities for training specialists and sheltered workshops for the mentally retarded individuals with an intellectual disability, but only if such workshops are part of facilities which provide or will provide comprehensive services for the mentally retarded individuals with an intellectual disability.

SB377, s. 44 Section 44. 150.96 (4) of the statutes is amended to read:

SB377,15,21 150.96 (4) "Nonprofit facility for the mentally retarded individuals with an intellectual disability", and "nonprofit community mental health center" mean, respectively, a facility for the mentally retarded individuals with an intellectual disability, and a community mental health center which is owned and operated by one or more nonprofit corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.

SB377, s. 45 Section 45. 150.963 (title) of the statutes is amended to read:

SB377,15,24 150.963 (title) Construction of mental retardation facilities for the intellectually disabled and community mental health centers.

SB377, s. 46 Section 46. 150.963 (2) (a) of the statutes is amended to read:

SB377,16,4 150.963 (2) (a) Making inventories of existing facilities, surveying the need for construction for facilities for the mentally retarded individuals with an intellectual disability and community mental health centers, and developing programs of construction.

SB377, s. 47 Section 47. 150.963 (2) (b) of the statutes is amended to read:

SB377,16,9 150.963 (2) (b) Developing and administering a state plan for the construction of public and other nonprofit facilities for the mentally retarded individuals with an intellectual disability, and a state plan for the construction of public and other nonprofit community mental health centers.

SB377, s. 48 Section 48. 150.965 of the statutes is amended to read:

SB377,16,20 150.965 Construction programs. The department is directed to develop construction programs for facilities for the mentally retarded individuals with an intellectual disability and community mental health centers for the mentally ill, which shall be based respectively on statewide inventories of existing facilities for the mentally retarded individuals with an intellectual disability and the mentally ill and surveys of need, and which shall provide in accordance with regulations prescribed under the federal act, for facilities which will provide adequate services for the mentally retarded individuals with an intellectual disability and adequate community mental health services for the people residing in this state and for furnishing needed services to persons unable to pay therefor.

SB377, s. 49 Section 49. 150.97 of the statutes is amended to read:

SB377,17,2 150.97 Standards for maintenance and operation. The department shall by regulation prescribe, and shall be authorized to enforce, standards for the maintenance and operation of facilities for the mentally retarded individuals with an intellectual disability, and community mental health centers which receive federal aid for construction under the state plans.

SB377, s. 50 Section 50. 150.975 of the statutes is amended to read:

SB377,17,9 150.975 Applications. Applications for mental retardation facility for individuals with an intellectual disability or community mental health center construction projects for which federal funds are requested shall be submitted to the department by the state, a political subdivision thereof or by a public or other nonprofit agency. Each application for a construction project shall conform to federal and state requirements.

SB377, s. 51 Section 51. 150.983 of the statutes is amended to read:

SB377,17,20 150.983 Mental retardation facilities Facilities for individuals with an intellectual disability and community mental health centers construction funds. The department may receive federal funds in behalf of, and transmit them to, applicants. In the general fund there is hereby established, separate and apart from all public moneys of this state, a mental retardation an intellectual disability facilities construction fund and a community mental health centers construction fund. Money received from the federal government for a construction project under this subchapter approved by the secretary shall be deposited to the credit of the appropriate fund and shall be used solely for payments to applicants for work performed, or purchases made, in carrying out the approved project.

SB377, s. 52 Section 52. 155.20 (2) (a) 2. of the statutes is amended to read:

SB377,17,23 155.20 (2) (a) 2. An intermediate care facility for persons with mental retardation an intellectual disability, as defined in s. 46.278 (1m) (am).

SB377, s. 53 Section 53. 155.30 (3) of the statutes is amended to read:

SB377,18,13 155.30 (3) The department shall prepare and provide copies of a power of attorney for health care instrument and accompanying information for distribution in quantities to health care professionals, 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 instrument, at least the statutory definitions of terms used in the instrument, statutory restrictions on who may be witnesses to a valid instrument, a statement explaining that valid witnesses acting in good faith are statutorily immune from civil or criminal liability and a statement explaining that an instrument may, but need not, be filed with the register in probate of the principal's county of residence. The department may charge a reasonable fee for the cost of preparation and distribution. The power of attorney for health care instrument distributed by the department shall include the notice specified in sub. (1) and shall be in the following form:

SB377,18,14 POWER OF ATTORNEY FOR HEALTH CARE

SB377,18,15 Document made this.... day of.... (month),.... (year).

SB377,18,17 CREATION OF POWER OF ATTORNEY FOR HEALTH CARE

SB377,18,25 I,.... (print name, address and date of birth), being of sound mind, intend by this document to create a power of attorney for health care. My executing this power of attorney for health care is voluntary. Despite the creation of this power of attorney for health care, I expect to be fully informed about and allowed to participate in any health care decision for me, to the extent that I am able. For the purposes of this document, "health care decision" means an informed decision to accept, maintain, discontinue or refuse any care, treatment, service or procedure to maintain, diagnose or treat my physical or mental condition.

SB377,19,2 In addition, I may, by this document, specify my wishes with respect to making an anatomical gift upon my death.

SB377,19,3 DESIGNATION OF HEALTH CARE AGENT

SB377,19,18 If I am no longer able to make health care decisions for myself, due to my incapacity, I hereby designate.... (print name, address and telephone number) to be my health care agent for the purpose of making health care decisions on my behalf. If he or she is ever unable or unwilling to do so, I hereby designate.... (print name, address and telephone number) to be my alternate health care agent for the purpose of making health care decisions on my behalf. Neither my health care agent nor my alternate health care agent whom I have designated is my health care provider, an employee of my health care provider, an employee of a health care facility in which I am a patient or a spouse of any of those persons, unless he or she is also my relative. For purposes of this document, "incapacity" exists if 2 physicians or a physician and a psychologist who have personally examined me sign a statement that specifically expresses their opinion that I have a condition that means that I am unable to receive and evaluate information effectively or to communicate decisions to such an extent that I lack the capacity to manage my health care decisions. A copy of that statement must be attached to this document.

SB377,19,19 GENERAL STATEMENT OF AUTHORITY GRANTED

SB377,20,2 Unless I have specified otherwise in this document, if I ever have incapacity I instruct my health care provider to obtain the health care decision of my health care agent, if I need treatment, for all of my health care and treatment. I have discussed my desires thoroughly with my health care agent and believe that he or she understands my philosophy regarding the health care decisions I would make if I were able. I desire that my wishes be carried out through the authority given to my health care agent under this document.

SB377,20,11 If I am unable, due to my incapacity, to make a health care decision, my health care agent is instructed to make the health care decision for me, but my health care agent should try to discuss with me any specific proposed health care if I am able to communicate in any manner, including by blinking my eyes. If this communication cannot be made, my health care agent shall base his or her decision on any health care choices that I have expressed prior to the time of the decision. If I have not expressed a health care choice about the health care in question and communication cannot be made, my health care agent shall base his or her health care decision on what he or she believes to be in my best interest.

SB377,20,12 LIMITATIONS ON MENTAL HEALTH TREATMENT

SB377,20,18 My health care agent may not admit or commit me on an inpatient basis to an institution for mental diseases, an intermediate care facility for persons with mental retardation an intellectual disability, a state treatment facility or a treatment facility. My health care agent may not consent to experimental mental health research or psychosurgery, electroconvulsive treatment or drastic mental health treatment procedures for me.

SB377,20,20 ADMISSION TO NURSING HOMES OR COMMUNITY-BASED RESIDENTIAL FACILITIES

SB377,20,22 My health care agent may admit me to a nursing home or community-based residential facility for short-term stays for recuperative care or respite care.

SB377,20,25 If I have checked "Yes" to the following, my health care agent may admit me for a purpose other than recuperative care or respite care, but if I have checked "No" to the following, my health care agent may not so admit me:

SB377,21,1 1. A nursing home — Yes.... No....

SB377,21,2 2. A community-based residential facility — Yes.... No....

SB377,21,4 If I have not checked either "Yes" or "No" immediately above, my health care agent may admit me only for short-term stays for recuperative care or respite care.

SB377,21,5 PROVISION OF A FEEDING TUBE

SB377,21,10 If I have checked "Yes" to the following, my health care agent may have a feeding tube withheld or withdrawn from me, unless my physician has advised that, in his or her professional judgment, this will cause me pain or will reduce my comfort. If I have checked "No" to the following, my health care agent may not have a feeding tube withheld or withdrawn from me.

SB377,21,13 My health care agent may not have orally ingested nutrition or hydration withheld or withdrawn from me unless provision of the nutrition or hydration is medically contraindicated.

SB377,21,14 Withhold or withdraw a feeding tube — Yes.... No....

SB377,21,16 If I have not checked either "Yes" or "No" immediately above, my health care agent may not have a feeding tube withdrawn from me.

SB377,21,18 HEALTH CARE DECISIONS FOR PREGNANT WOMEN

SB377,21,22 If I have checked "Yes" to the following, my health care agent may make health care decisions for me even if my agent knows I am pregnant. If I have checked "No" to the following, my health care agent may not make health care decisions for me if my health care agent knows I am pregnant.

SB377,21,23 Health care decision if I am pregnant — Yes.... No....

SB377,22,3 If I have not checked either "Yes" or "No" immediately above, my health care agent may not make health care decisions for me if my health care agent knows I am pregnant.

SB377,22,5 STATEMENT OF DESIRES, SPECIAL PROVISIONS OR LIMITATIONS

SB377,22,9 In exercising authority under this document, my health care agent shall act consistently with my following stated desires, if any, and is subject to any special provisions or limitations that I specify. The following are specific desires, provisions or limitations that I wish to state (add more items if needed):

SB377,22,10 1) -

SB377,22,11 2) -

SB377,22,12 3) -

SB377,22,15 INSPECTION AND DISCLOSURE OF INFORMATION RELATING TO MY PHYSICAL OR MENTAL HEALTH

SB377,22,17 Subject to any limitations in this document, my health care agent has the authority to do all of the following:

SB377,22,19 (a) Request, review and receive any information, oral or written, regarding my physical or mental health, including medical and hospital records.

SB377,22,21 (b) Execute on my behalf any documents that may be required in order to obtain this information.

SB377,22,22 (c) Consent to the disclosure of this information.

SB377,22,23 (The principal and the witnesses all must sign the document at the same time.)

SB377,22,24 SIGNATURE OF PRINCIPAL

SB377,22,25 (person creating the power of attorney for health care)

SB377,23,1 Signature....  Date....

SB377,23,3 (The signing of this document by the principal revokes all previous powers of attorney for health care documents.)

SB377,23,4 STATEMENT OF WITNESSES

SB377,23,15 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, am not the domestic partner under ch. 770 of the principal, 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 employee of the health care provider, other than a chaplain or a social worker, or an employee, 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.

SB377,23,16 Witness No. 1:

SB377,23,17 (print) Name.... Date....

SB377,23,18 Address....

SB377,23,19 Signature....

SB377,23,20 Witness No. 2:

SB377,23,21 (print) Name.... Date....

SB377,23,22 Address....

SB377,23,23 Signature....

SB377,23,25 STATEMENT OF HEALTH CARE AGENT AND ALTERNATE HEALTH CARE AGENT

SB377,24,4 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.

SB377,24,5 Agent's signature....

SB377,24,6 Address....

SB377,24,7 Alternate's signature....

SB377,24,8 Address....

SB377,24,11 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.

SB377,24,13 This power of attorney for health care is executed as provided in chapter 155 of the Wisconsin Statutes.

SB377,24,14 ANATOMICAL GIFTS (optional)

SB377,24,15 Upon my death:

SB377,24,17 .... I wish to donate only the following organs or parts: .... (specify the organs or parts).

SB377,24,18 .... I wish to donate any needed organ or part.

SB377,24,19 .... I wish to donate my body for anatomical study if needed.

SB377,24,22 .... 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.)