LRBa2013/2
MDK:kmg:rs
2003 - 2004 LEGISLATURE
SENATE AMENDMENT 1,
TO 2003 ASSEMBLY BILL 67
January 30, 2004 - Offered by
Committee on Health, Children, Families, Aging
and Long Term Care.
AB67-SA1,1,21
At the locations indicated, amend the
bill, as shown by assembly substitute
2amendment 1, as follows:
AB67-SA1,1,5
5"
Section 4m. 154.12 of the statutes is created to read:
AB67-SA1,2,4
6154.12 Conscience rights notification. A physician who receives a
7declaration from his or her patient who is a declarant, or, if the patient is
8incompetent, from a legal representative of the patient, shall immediately review the
9declaration and, if the physician intends to invoke his or her rights under s. 253.09
10or 448.03 (5), shall, as soon as possible, inform the patient or the legal representative
11orally and in writing of that intent and of the physician's concerns, if any, about the
12declaration. A hospital that receives a declaration from a patient in its facility who
13is a declarant, or, if the patient is incompetent, from a legal representative of the
1patient, shall immediately review the declaration and, if the hospital intends to
2invoke its rights under s. 253.09, shall, as soon as possible, inform the patient or the
3legal representative orally and in writing of that intent and of the hospital's
4concerns, if any, about the declaration.
AB67-SA1,2,17
6155.75 Conscience rights notification. A physician who receives a power
7of attorney for health care instrument from his or her patient who is a principal, or,
8if the patient has incapacity, from the patient's health care agent, shall immediately
9review the instrument and, if the physician intends to invoke his or her rights under
10s. 253.09 or 448.03 (5), shall, as soon as possible, inform the patient or the patient's
11health care agent orally and in writing of that intent and of the physician's concerns,
12if any, about the instrument. A hospital that receives a power of attorney for health
13care instrument from a patient in its facility who is a principal, or, if the patient has
14incapacity, from the patient's health care agent, shall immediately review the
15instrument and, if the hospital intends to invoke its rights under s. 253.09, shall, as
16soon as possible, inform the patient or the patient's health care agent orally and in
17writing of that intent and of the hospital's concerns, if any, about the instrument.".
AB67-SA1,2,20
20"
Section 26m. 448.03 (5) (an) and (aq) of the statutes are created to read:
AB67-SA1,3,321
448.03
(5) (an) A person licensed or certified under this subchapter who, in
22writing, refuses, or states an intention to refuse, on moral or religious grounds to
23participate in a practice within the scope of his or her license or certification that is
24related to an activity specified in par. (am) 1. to 8. may not be required to participate
1in the practice with respect to the activity and may not be disciplined by the board
2or the department for refusing or stating an intention to refuse to participate in the
3practice with respect to the activity.
AB67-SA1,3,114
(aq) Except as provided in s. 154.07 (1) (a) 3., regarding the failure of a
5physician to comply with a declaration of a qualified patient that directs the
6physician to participate in the activity specified in par. (am) 7., and s. 155.50 (1) (b),
7regarding the failure of a physician to comply with a power of attorney for health care
8instrument or the decision of a health care agent that directs the physician to
9participate in the activity specified in par. (am) 7., a physician is not required to
10locate another physician who is willing to participate in an activity specified in par.
11(am) 1. to 8.".
AB67-SA1,3,17
15"
(2t) The treatment of sections 154.12, 155.75, and 448.03 (5) (aq) of the
16statutes first applies to declarations or powers of attorney for health care
17instruments that are received on the effective date of this subsection.".
