LRBs0358/3
TAY:skg:ks
1995 - 1996 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
To 1995 ASSEMBLY BILL 658
December 12, 1995 - Offered by
Committee on Health.
AB658-ASA1,1,8
1An Act to renumber 154.01 (2), 154.01 (2m) and 154.01 (6);
to amend chapter
2154 (title), 154.07 (1) (a) 1., 154.07 (1) (b) 1., 154.07 (2), 154.11 (1), 154.11 (4),
3154.11 (5), 154.11 (6), 155.20 (5) and 155.70 (3); and
to create subchapter I
4(title) of chapter 154 [precedes 154.01], 154.02 (intro.), subchapter II (title) of
5chapter 154 [precedes 154.02] and subchapter III of chapter 154 [precedes
6154.17] of the statutes;
relating to: do-not-resuscitate orders in certain
7hospital and nonhospital situations, granting rule-making authority and
8providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB658-ASA1, s. 1
9Section
1. Chapter 154 (title) of the statutes is amended to read:
AB658-ASA1,1,1310
CHAPTER 154
11NATURAL DEATH declaration to
12
physicians and do-not-resuscitate
13
orders
AB658-ASA1, s. 2
1Section
2. Subchapter I (title) of chapter 154 [precedes 154.01] of the statutes
2is created to read:
AB658-ASA1,2,54
Subchapter I
5
Definitions
AB658-ASA1, s. 3
6Section
3. 154.01 (2) of the statutes is renumbered 154.02 (1).
AB658-ASA1, s. 4
7Section
4. 154.01 (2m) of the statutes is renumbered 154.02 (2).
AB658-ASA1, s. 5
8Section
5. 154.01 (6) of the statutes is renumbered 154.02 (3).
AB658-ASA1, s. 6
9Section
6. 154.02 (intro.) of the statutes is created to read:
AB658-ASA1,2,10
10154.02 Definitions. (intro.) In this subchapter:
AB658-ASA1, s. 7
11Section
7. Subchapter II (title) of chapter 154 [precedes 154.02] of the statutes
12is created to read:
AB658-ASA1,2,1514
Subchapter ii
15
Declaration to physicians
AB658-ASA1, s. 8
16Section
8. 154.07 (1) (a) 1. of the statutes is amended to read:
AB658-ASA1,2,1817
154.07
(1) (a) 1. Participating in the withholding or withdrawal of
18life-sustaining procedures or feeding tubes under this
chapter subchapter.
AB658-ASA1, s. 9
19Section
9. 154.07 (1) (b) 1. of the statutes is amended to read:
AB658-ASA1,2,2320
154.07
(1) (b) 1. No person who acts in good faith as a witness to a declaration
21under this
chapter subchapter may be held civilly or criminally liable for
22participating in the withholding or withdrawal of life-sustaining procedures or
23feeding tubes under this
chapter subchapter.
AB658-ASA1,3,9
1154.07
(2) Effect of declaration. The desires of a qualified patient who is
2competent supersede the effect of the declaration at all times. If a qualified patient
3is incompetent at the time of the decision to withhold or withdraw life-sustaining
4procedures or feeding tubes a declaration executed under this
chapter subchapter is
5presumed to be valid. The declaration of a qualified patient who is diagnosed as
6pregnant by the attending physician has no effect during the course of the qualified
7patient's pregnancy. For the purposes of this
chapter
subchapter, a physician or
8inpatient health care facility may presume in the absence of actual notice to the
9contrary that a person who executed a declaration was of sound mind at the time.
AB658-ASA1,3,1411
154.11
(1) Suicide. The withholding or withdrawal of life-sustaining
12procedures or feeding tubes from a qualified patient under this
chapter subchapter 13does not, for any purpose, constitute suicide. Execution of a declaration under this
14chapter subchapter does not, for any purpose, constitute attempted suicide.
AB658-ASA1,3,1816
154.11
(4) Other rights. This
chapter subchapter does not impair or supersede
17any person's legal right to withhold or withdraw life-sustaining procedures or
18feeding tubes.
AB658-ASA1,3,2320
154.11
(5) Intent. Failure to execute a declaration under this
chapter 21subchapter creates no presumption that the person consents to the use or
22withholding of life-sustaining procedures or feeding tubes in the event that the
23person suffers from a terminal condition or is in a persistent vegetative state.
AB658-ASA1,4,3
1154.11
(6) Construction. Nothing in this
chapter subchapter condones,
2authorizes or permits any affirmative or deliberate act to end life other than to
3permit the natural process of dying.
AB658-ASA1, s. 15
4Section
15. Subchapter III of chapter 154 [precedes 154.17] of the statutes is
5created to read:
AB658-ASA1,4,87
Subchapter III
8
do-not-resuscitate orders
AB658-ASA1,4,9
9154.17 Definitions. In this subchapter:
AB658-ASA1,4,14
10(1) "Do-not-resuscitate bracelet" means a standardized identification bracelet
11of uniform size, color, and design, approved by the department, that bears the
12inscription "Do Not Resuscitate" and signifies that the wearer is a qualified patient
13who has obtained a do-not-resuscitate order and that the wearer has not revoked
14the request for the order.
AB658-ASA1,4,19
15(2) "Do-not-resuscitate order" means a written order issued under the
16requirements of this subchapter that directs emergency medical technicians, first
17responders and emergency health care facilities personnel not to attempt
18cardiopulmonary resuscitation on a person for whom the order is issued if that
19person suffers cardiac or respiratory arrest.
AB658-ASA1,4,21
20(3) "Emergency medical technician" has the meaning given under s. 146.50 (1)
21(e).
AB658-ASA1,4,22
22(3m) "First responder" has the meaning given under s. 146.53 (1) (d).
AB658-ASA1,4,24
23(4) "Qualified patient" means a person who has attained the age of 18 and to
24whom any of the following conditions applies:
AB658-ASA1,4,2525
(a) The person has a terminal condition.
AB658-ASA1,5,4
1(b) The person has a medical condition such that, were the person to suffer
2cardiac or pulmonary failure, resuscitation would be unsuccessful in restoring
3cardiac or respiratory function or the person would experience repeated cardiac or
4pulmonary failure within a short period before death occurs.
AB658-ASA1,5,85
(c) The person has a medical condition such that, were the person to suffer
6cardiac or pulmonary failure, resuscitation of that person would cause significant
7physical pain or harm that would outweigh the possibility that resuscitation would
8successfully restore cardiac or respiratory function for an indefinite period of time.
AB658-ASA1,5,14
9(5) "Resuscitation" means cardiopulmonary resuscitation or any component of
10cardiopulmonary resuscitation, including cardiac compression, endotracheal
11intubation and other advanced airway management, artificial ventilation,
12defibrillation, administration of cardiac resuscitation medications and related
13procedures. "Resuscitation" does not include the Heimlich maneuver or similar
14procedure used to expel an obstruction from the throat.
AB658-ASA1,5,17
15154.19 Do-not-resuscitate order. (1) No person except an attending
16physician may issue a do-not-resuscitate order.
An attending physician may issue
17a do-not-resuscitate order to a patient only if all of the following apply:
AB658-ASA1,5,1818
(a) The patient is a qualified patient.
AB658-ASA1,5,1919
(b) The patient requests the order.
AB658-ASA1,5,2020
(c) The order is in writing.
