AB915: Bill Text

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB915, s. 1 Section 1. 15.195 (2) of the statutes is created to read:

AB915,3,6 15.195 (2) Donor registry board. There is created a donor registry board, attached to the department of health and family services under s. 15.03. The donor registry board shall consist of the secretary of health and family services and the secretary of transportation, or their designees, as nonvoting members, and shall consist of the following voting members appointed for 3-year terms:

AB915,3,7 (a) One representative of each of 2 organ procurement organizations.

AB915,3,8 (b) Two representatives of repositories for donated human tissue and bone.

AB915,3,10 (c) One representative of a repository for donated human eyes or portions of eyes.

AB915,3,11 (d) One recipient of organ or tissue donation or his or her family member.

AB915,3,12 (e) One organ or tissue donor or his or her family member.

AB915,3,14 (f) One member nominated by the Wisconsin Health and Hospital Association, Inc.

AB915,3,15 (g) One member nominated by the Wisconsin Nurses Association, Inc.

AB915,4,1 (h) One member nominated by the State Medical Society of Wisconsin.

AB915,4,2 (i) One member nominated by the State Bar of Wisconsin.

AB915, s. 2 Section 2. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

AB915, s. 3 Section 3. 20.435 (1) (bm) of the statutes is created to read:

AB915,4,9 20.435 (1) (bm) Wisconsin donor registry. As a continuing appropriation, the amounts in the schedule for permanent property, supplies, services and staff support for the establishment, operation, maintenance and monitoring of the Wisconsin donor registry.

AB915, s. 4 Section 4. 20.435 (1) (bm) of the statutes, as created by 1999 Wisconsin Act .... (this act), is amended to read:

AB915,4,15 20.435 (1) (bm) Wisconsin donor registry. As a continuing appropriation, the amounts in the schedule for permanent property, supplies, services and staff support for the establishment, operation, maintenance and monitoring of the Wisconsin donor registry.

AB915, s. 5 Section 5. 146.71 of the statutes is amended to read:

AB915,5,5 146.71 Determination of death. An individual who has sustained either irreversible cessation of circulatory and respiratory functions or irreversible cessation of all functions of the entire brain, including the brain stem, is dead. A determination of death shall be made in accordance with accepted medical standards. A physician who acts in accordance with this section in making a determination of death or attempts in good faith to do so is not liable for that act in a civil action or criminal proceeding.

AB915, s. 6 Section 6. 155.30 (3) of the statutes is amended to read:

AB915,5,20 155.30 (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, except as provided in sub. (3m), be in the following form:

AB915,5,21 POWER OF ATTORNEY

AB915,5,22 FOR HEALTH CARE

AB915,5,23 Document made this.... day of.... (month),.... (year).

AB915,5,24 CREATION OF POWER OF

AB915,5,25 ATTORNEY FOR HEALTH CARE

AB915,6,8 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.

AB915,6,10 In addition, I may, by this document, specify my wishes with respect to making an anatomical gift upon my death.

AB915,6,11 DESIGNATION OF HEALTH CARE AGENT

AB915,7,2 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 employe of my health care provider, an employe 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.

AB915,7,3 GENERAL STATEMENT OF

AB915,7,4 AUTHORITY GRANTED

AB915,7,11 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.

AB915,7,20 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.

AB915,7,21 LIMITATIONS ON

AB915,7,22 MENTAL HEALTH TREATMENT

AB915,8,2 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 the mentally retarded, 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.

AB915,8,4 ADMISSION TO NURSING HOMES OR COMMUNITY-BASED RESIDENTIAL FACILITIES

AB915,8,6 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.

AB915,8,9 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:

AB915,8,10 1. A nursing home — Yes.... No....

AB915,8,11 2. A community-based residential facility — Yes.... No....

AB915,8,13 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.

AB915,8,14 PROVISION OF A FEEDING TUBE

AB915,8,19 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.

AB915,8,22 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.

AB915,8,23 Withhold or withdraw a feeding tube — Yes.... No....

AB915,8,25 If I have not checked either "Yes" or "No" immediately above, my health care agent may not have a feeding tube withdrawn from me.

AB915,9,1 HEALTH CARE DECISIONS

AB915,9,2 FOR PREGNANT WOMEN

AB915,9,6 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.

AB915,9,7 Health care decision if I am pregnant — Yes.... No....

AB915,9,10 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.

AB915,9,11 STATEMENT OF DESIRES, SPECIAL

AB915,9,12 PROVISIONS OR LIMITATIONS

AB915,9,16 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):

AB915,9,17 1) -

AB915,9,18 2) -

AB915,9,19 3) -

AB915,9,20 INSPECTION AND DISCLOSURE OF INFORMATION

AB915,9,21 RELATING TO MY PHYSICAL OR MENTAL HEALTH

AB915,9,23 Subject to any limitations in this document, my health care agent has the authority to do all of the following:

AB915,9,25 (a) Request, review and receive any information, oral or written, regarding my physical or mental health, including medical and hospital records.

AB915,10,2 (b) Execute on my behalf any documents that may be required in order to obtain this information.

AB915,10,3 (c) Consent to the disclosure of this information.

AB915,10,4 (The principal and the witnesses all must sign the document at the same time.)

AB915,10,5 SIGNATURE OF PRINCIPAL

AB915,10,6 (person creating the power

AB915,10,7 of attorney for health care)

AB915,10,8 Signature.... Date....

AB915,10,10 (The signing of this document by the principal revokes all previous powers of attorney for health care documents.)

AB915,10,11 STATEMENT OF WITNESSES

AB915,10,21 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 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 employe of the health care provider, other than a chaplain or a social worker, or an employe, 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.

AB915,10,22 Witness No. 1:

AB915,10,23 (print) Name.... Date....

AB915,10,24 Address....

AB915,10,25 Signature....

AB915,11,1 Witness No. 2:

AB915,11,2 (print) Name.... Date....

AB915,11,3 Address....

AB915,11,4 Signature....

AB915,11,5 STATEMENT OF HEALTH CARE AGENT

AB915,11,6 AND ALTERNATE HEALTH CARE AGENT

AB915,11,10 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.

AB915,11,11 Agent's signature....

AB915,11,12 Address....

AB915,11,13 Alternate's signature....

AB915,11,14 Address....

AB915,11,17 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.