SB548: Bill Text

SB548,23,16 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.

SB548,23,18 In addition, I may, by this document, specify my wishes with respect to making an anatomical gift upon my death.

SB548,23,19 DESIGNATION OF HEALTH CARE AGENT

SB548,24,9 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.

SB548,24,10 GENERAL STATEMENT OF

SB548,24,11 AUTHORITY GRANTED

SB548,24,18 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.

SB548,25,2 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.

SB548,25,3 LIMITATIONS ON

SB548,25,4 MENTAL HEALTH TREATMENT

SB548,25,10 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 persons with mental retardation, 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.

SB548,25,11 ADMISSION TO NURSING HOMES

SB548,25,12 OR COMMUNITY-BASED RESIDENTIAL FACILITIES

SB548,25,14 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.

SB548,25,17 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:

SB548,25,18 1. A nursing home — Yes.... No....

SB548,25,19 2. A community-based residential facility — Yes.... No....

SB548,25,21 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.

SB548,25,22 PROVISION OF A FEEDING TUBE

SB548,26,2 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.

SB548,26,5 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.

SB548,26,6 Withhold or withdraw a feeding tube — Yes.... No....

SB548,26,8 If I have not checked either "Yes" or "No" immediately above, my health care agent may not have a feeding tube withdrawn from me.

SB548,26,9 HEALTH CARE DECISIONS

SB548,26,10 FOR PREGNANT WOMEN

SB548,26,14 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.

SB548,26,15 Health care decision if I am pregnant — Yes.... No....

SB548,26,18 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.

SB548,26,19 STATEMENT OF DESIRES, SPECIAL

SB548,26,20 PROVISIONS OR LIMITATIONS

SB548,26,24 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):

SB548,26,25 1) -

SB548,27,1 2) -

SB548,27,2 3) -

SB548,27,3 INSPECTION AND DISCLOSURE OF INFORMATION

SB548,27,4 RELATING TO MY PHYSICAL OR MENTAL HEALTH

SB548,27,6 Subject to any limitations in this document, my health care agent has the authority to do all of the following:

SB548,27,8 (a) Request, review and receive any information, oral or written, regarding my physical or mental health, including medical and hospital records.

SB548,27,10 (b) Execute on my behalf any documents that may be required in order to obtain this information.

SB548,27,11 (c) Consent to the disclosure of this information.

SB548,27,12 (The principal and the witnesses all must sign the document at the same time.)

SB548,27,13 SIGNATURE OF PRINCIPAL

SB548,27,14 (person creating the power of attorney for health care)

SB548,27,15 Signature....                              Date....

SB548,27,17 (The signing of this document by the principal revokes all previous powers of attorney for health care documents.)

SB548,27,18 STATEMENT OF WITNESSES

SB548,28,3 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 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.

SB548,28,4 Witness No. 1:

SB548,28,5 (print) Name....                               Date....

SB548,28,6 Address....

SB548,28,7 Signature....

SB548,28,8 Witness No. 2:

SB548,28,9 (print) Name....                               Date....

SB548,28,10 Address....

SB548,28,11 Signature....

SB548,28,12 STATEMENT OF HEALTH CARE AGENT

SB548,28,13 AND ALTERNATE HEALTH CARE AGENT

SB548,28,17 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.

SB548,28,18 Agent's signature....

SB548,28,19 Address....

SB548,28,20 Alternate's signature....

SB548,28,21 Address....

SB548,28,24 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.

SB548,29,2 This power of attorney for health care is executed as provided in chapter 155 of the Wisconsin Statutes.

SB548,29,3 ANATOMICAL GIFTS (optional)

SB548,29,4 Upon my death:

SB548,29,6 .... I wish to donate only the following organs or parts: .... (specify the organs or parts).

SB548,29,7 .... I wish to donate any needed organ or part.

SB548,29,8 .... I wish to donate my body for anatomical study if needed.

SB548,29,11 .... 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.)

SB548,29,13 Failing to check any of the lines immediately above creates no presumption about my desire to make or refuse to make an anatomical gift.

SB548,29,14 Signature....                                   Date....

SB548, s. 79 Section 79. 250.042 (4) (a) 3. of the statutes is amended to read:

SB548,29,23 250.042 (4) (a) 3. "Health care provider" means an individual who, at any time within 10 years before a state of emergency is declared under s. 166.03 (1) (b) 1. or 166.23, has met requirements for a nurse's assistant nurse aide under s. 146.40 (2) (a), (b), (bm), (c), (e), (em), (f), or (g), has been licensed as a physician, a physician assistant, or a podiatrist under ch. 448, licensed as a registered nurse, licensed practical nurse, or nurse-midwife under ch. 441, licensed as a dentist under ch. 447, licensed as a pharmacist under ch. 450, licensed as a veterinarian under ch. 453, or has been certified as a respiratory care practitioner under ch. 448.

SB548, s. 80 Section 80. 250.042 (4) (b) of the statutes is amended to read:

SB548,30,14 250.042 (4) (b) A behavioral health provider, health care provider, pupil services provider, or substance abuse prevention provider who, during a state of emergency declared under s. 166.03 (1) (b) 1. or 166.23, provides behavioral health services, health care services, pupil services, or substance abuse prevention services for which the behavioral health provider, health care provider, pupil services provider, or substance abuse prevention provider has been licensed or certified or, as a nurse's assistant nurse aide, has met requirements under s. 146.40, is, for the provision of these services a state agent of the department for purposes of ss. 165.25 (6), 893.82, and 895.46 and is an employee of the state for purposes of worker's compensation benefits. The behavioral health services, health care services, pupil services, or substance abuse prevention services shall be provided on behalf of a health care facility on a voluntary, unpaid basis, except that the behavioral health provider, health care provider, pupil services provider, or substance abuse prevention provider may accept reimbursement for travel, lodging, and meals.

SB548, s. 81 Section 81. 250.042 (4) (c) 12. of the statutes is amended to read:

SB548,30,18 250.042 (4) (c) 12. A nurse's assistant nurse aide whose name is listed under s. 146.40 (4g) (a) 2., 2005 stats., or a nurse aide whose name is listed under s. 146.40 (4g) (a) 2.

SB548, s. 82 Section 82. 440.03 (3q) of the statutes is amended to read:

SB548,30,22 440.03 (3q) Notwithstanding sub. (3m), the department of regulation and licensing shall investigate any report that it receives under s. 146.40 (4r) (am) 2. or (em).

SB548, s. 83 Section 83. 632.895 (1) (b) 2. of the statutes is amended to read:

SB548,31,2 632.895 (1) (b) 2. Part-time or intermittent home health aide services which that are medically necessary as part of the home care plan, under the supervision of a registered nurse or medical social worker, which consist solely of caring for the patient.

SB548, s. 84 Section 84. 632.895 (2) (d) of the statutes is amended to read:

SB548,31,9 632.895 (2) (d) Each visit by a person providing services under a home care plan or evaluating the need for or developing a plan shall be considered as one home care visit. The policy may contain a limit on the number of home care visits, but not less than 40 visits in any 12-month period, for each person covered under the policy. Up to 4 consecutive hours in a 24-hour period of home health aide service shall be considered as one home care visit.

SB548, s. 85 Section 85. Effective date.

SB548,31,11 (1) This act takes effect on January 1, 2009.

SB548,31,12 (End)