LRB-4185/1
TJD:sac:rs
2013 - 2014 LEGISLATURE
March 11, 2014 - Introduced by Representatives Berceau, C. Taylor, Johnson,
Pope, Ringhand, Sargent, Sinicki and Zamarripa, cosponsored by Senators
Shilling, Erpenbach, Harris, Risser and L. Taylor. Referred to Committee
on Health.
AB861,1,3 1An Act to repeal 154.19 (1) (e) and 154.19 (3) (b) 3.; and to amend 154.03 (2),
2154.07 (2), 155.20 (6) and 155.30 (3) of the statutes; relating to: effect of
3advance directives and powers of attorney for health care during pregnancy.
Analysis by the Legislative Reference Bureau
Current law allows an individual to execute a declaration to physicians that
specifies whether that individual chooses to withhold or withdraw life-sustaining
procedures or feeding tubes if that individual has a terminal condition or is in a
vegetative state. The Wisconsin form to be prepared by the Department of Health
Services specifies that the individual, if he or she has a terminal condition, does not
want his or her dying to be artificially prolonged and does not want life-sustaining
procedures to be used. Under current law the physician must follow the wishes in
the declaration unless the physician believes that withholding or withdrawing
life-sustaining procedures or feeding tubes would cause the patient pain or reduced
comfort and that the pain or discomfort cannot be alleviated through pain relief
measures. Under current law, the declaration to physicians has no effect during the
pregnancy of a woman the physician knows to be pregnant. This bill eliminates the
prohibition on giving effect to the declaration during a woman's pregnancy.
Under current law, a physician may issue a do-not-resuscitate order if all of the
following apply: the patient has attained age 18 and has a terminal condition; the
patient has a medical condition in which resuscitation would be unsuccessful in
restoring cardiac or respiratory function or the patient would experience repeated
cardiac or pulmonary failure within a short period before death; the patient or the

patient's guardian or health care agent requests, consents to, and signs the order; the
order is in writing; and the physician does not know the patient to be pregnant.
Current law requires emergency medical technicians, first responders, and
emergency health care facility personnel to follow a do-not-resuscitate order except
if the do-not-resuscitate order is revoked, if the patient's do-not-resuscitate
bracelet appears to have been tampered with or removed, or if the emergency
personnel know the patient to be pregnant. The bill removes the restriction on
obtaining a do-not-resuscitate order when the patient is pregnant. The bill also
removes the prohibition on following do-not-resuscitate orders when the patient is
pregnant.
Under current law, an individual may execute a power of attorney for health
care, which allows the designation of a health care agent to make health care
decisions on behalf of the individual while the individual is incapacitated. Current
law and the Wisconsin form for the power of attorney for health care allow the
individual who is executing the power of attorney for health care to specify certain
decisions that the agent may make. Specifically, the individual may designate by
checking "yes" or "no" whether the agent may make health care decisions when the
individual is pregnant. If the individual does not check either "yes" or "no" on the
form, the form specifies that the agent may not make health care decisions when the
individual is pregnant. The bill changes the default so that if an individual does not
check either "yes" or "no" on the form, the agent may make health care decisions
when the individual is pregnant.
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:
AB861,1 1Section 1. 154.03 (2) of the statutes is amended to read:
AB861,3,82 154.03 (2) The department shall prepare and provide copies of the declaration
3and accompanying information for distribution in quantities to health care
4professionals, hospitals, nursing homes, county clerks and local bar associations and
5individually to private persons. The department shall include, in information
6accompanying the declaration, at least the statutory definitions of terms used in the
7declaration, statutory restrictions on who may be witnesses to a valid declaration,
8a statement explaining that valid witnesses acting in good faith are statutorily
9immune from civil or criminal liability, an instruction to potential declarants to read

1and understand the information before completing the declaration and a statement
2explaining that an instrument may, but need not be, filed with the register in probate
3of the declarant's county of residence. The department may charge a reasonable fee
4for the cost of preparation and distribution. The declaration distributed by the
5department of health services shall be easy to read, the type size may be no smaller
6than 10 point, and the declaration shall be in the following form, setting forth on the
7first page the wording before the ATTENTION statement and setting forth on the
82nd page the ATTENTION statement and remaining wording:
AB861,3,9 9Declaration to physicians
AB861,3,1010 (WISCONSIN LIVING WILL)
AB861,3,1611 I,...., being of sound mind, voluntarily state my desire that my dying not be
12prolonged under the circumstances specified in this document. Under those
13circumstances, I direct that I be permitted to die naturally. If I am unable to give
14directions regarding the use of life-sustaining procedures or feeding tubes, I intend
15that my family and physician honor this document as the final expression of my legal
16right to refuse medical or surgical treatment.
AB861,3,2017 1. If I have a TERMINAL CONDITION, as determined by 2 physicians who
18have personally examined me, I do not want my dying to be artificially prolonged and
19I do not want life-sustaining procedures to be used. In addition, the following are
20my directions regarding the use of feeding tubes:
AB861,3,2121 .... YES, I want feeding tubes used if I have a terminal condition.
AB861,3,2222 .... NO, I do not want feeding tubes used if I have a terminal condition.
AB861,3,2323 If you have not checked either box, feeding tubes will be used.
AB861,4,3
12. If I am in a PERSISTENT VEGETATIVE STATE, as determined by 2
2physicians who have personally examined me, the following are my directions
3regarding the use of life-sustaining procedures:
AB861,4,54 .... YES, I want life-sustaining procedures used if I am in a persistent
5vegetative state.
AB861,4,76 .... NO, I do not want life-sustaining procedures used if I am in a persistent
7vegetative state.
AB861,4,88 If you have not checked either box, life-sustaining procedures will be used.
AB861,4,119 3. If I am in a PERSISTENT VEGETATIVE STATE, as determined by 2
10physicians who have personally examined me, the following are my directions
11regarding the use of feeding tubes:
AB861,4,1212 .... YES, I want feeding tubes used if I am in a persistent vegetative state.
AB861,4,1313 .... NO, I do not want feeding tubes used if I am in a persistent vegetative state.
AB861,4,1414 If you have not checked either box, feeding tubes will be used.
AB861,4,1715 If you are interested in more information about the significant terms used in
16this document, see section 154.01 of the Wisconsin Statutes or the information
17accompanying this document.
AB861,4,1918 ATTENTION: You and the 2 witnesses must sign the document at the same
19time.
AB861,4,2020 Signed ....   Date ....
AB861,4,2121 Address ....   Date of birth ....
AB861,4,2522 I believe that the person signing this document is of sound mind. I am an adult
23and am not related to the person signing this document by blood, marriage or
24adoption. I am not entitled to and do not have a claim on any portion of the person's
25estate and am not otherwise restricted by law from being a witness.
AB861,5,1
1Witness signature ....   Date signed ....
AB861,5,22 Print name ....
AB861,5,33 Witness signature ....   Date signed ....
AB861,5,44 Print name ....
AB861,5,65 DIRECTIVES TO
6 ATTENDING PHYSICIAN
AB861,5,107 1. This document authorizes the withholding or withdrawal of life-sustaining
8procedures or of feeding tubes when 2 physicians, one of whom is the attending
9physician, have personally examined and certified in writing that the patient has a
10terminal condition or is in a persistent vegetative state.
AB861,5,1611 2. The choices in this document were made by a competent adult. Under the
12law, the patient's stated desires must be followed unless you believe that withholding
13or withdrawing life-sustaining procedures or feeding tubes would cause the patient
14pain or reduced comfort and that the pain or discomfort cannot be alleviated through
15pain relief measures. If the patient's stated desires are that life-sustaining
16procedures or feeding tubes be used, this directive must be followed.
AB861,5,1917 3. If you feel that you cannot comply with this document, you must make a good
18faith attempt to transfer the patient to another physician who will comply. Refusal
19or failure to make a good faith attempt to do so constitutes unprofessional conduct.
AB861,5,21 20 4. If you know that the patient is pregnant, this document has no effect during
21her pregnancy.
AB861,5,2222 * * * * *
AB861,5,2523 The person making this living will may use the following space to record the
24names of those individuals and health care providers to whom he or she has given
25copies of this document:
AB861,6,1
1.................................................................
AB861,6,22 .................................................................
AB861,6,33 .................................................................
AB861,2 4Section 2. 154.07 (2) of the statutes is amended to read:
Loading...
Loading...