AB781,4,2323 (b) The potential risks associated with taking the medication to be prescribed.
AB781,4,2424 (c) The probable result of taking the medication to be prescribed.
AB781,5,3
1(d) The feasible end-of-life care and treatment options for the individual's
2terminal disease, including comfort care, palliative care, hospice care, and pain
3control, and the risks and benefits of each.
AB781,5,54 (e) The individual's right to withdraw a request under this chapter or consent
5for any other treatment at any time.
AB781,5,9 6(8) Notwithstanding sub. (13), “licensed mental health care provider” means
7a psychiatrist, psychologist, clinical social worker, psychiatric nurse practitioner,
8clinical mental health counselor, or clinical professional counselor licensed, certified,
9or otherwise credentialed in this state.
AB781,5,12 10(9) “Medical aid in dying” means the practice of evaluating a request,
11determining qualification, and providing a prescription to a qualified individual
12under this chapter.
AB781,5,15 13(10) “Medically confirmed” means that a consulting provider, after performing
14a medical evaluation, has confirmed an attending provider's medical opinion that an
15individual is eligible to receive medication under this chapter.
AB781,5,19 16(11) “Mentally capable” means that in the opinion of an attending provider or
17consulting provider, or a licensed mental health care provider if a determination is
18requested under s. 156.17, an individual requesting medication under this chapter
19has the ability to make and communicate an informed decision.
AB781,5,22 20(12) “Prognosis of 6 months or less” means an individual's terminal disease
21will, within reasonable medical judgment, result in the death of that individual
22within 6 months.
AB781,6,2 23(13) “Provider” means a person licensed, certified, or otherwise authorized or
24permitted by this state to diagnose and treat medical conditions and prescribe and

1dispense medication, including controlled substances, but does not include a health
2care facility. Provider includes any of the following:
AB781,6,33 (a) A physician licensed under ch. 448.
AB781,6,44 (b) An advanced practice registered nurse, as defined in s. 154.01 (1g).
AB781,6,55 (c) A physician assistant licensed under subch. IX of ch. 448.
AB781,6,9 6(14) “Qualified individual” means a mentally capable adult who has satisfied
7the requirements of this chapter in order to obtain a prescription for medication to
8bring about a peaceful death. No person will be considered a “qualified individual”
9under this chapter solely because of advanced age or disability.
AB781,6,13 10(15) “Self-administer” means a qualified individual performs an affirmative,
11conscious, and voluntary act to ingest medication prescribed under this chapter to
12bring about the individual's peaceful death. Self-administration does not include
13administration by intravenous or other parenteral injection or infusion.
AB781,6,16 14(16) “Terminal disease” means an incurable and irreversible disease that has
15been medically confirmed and will, within reasonable medical judgment, produce
16death within 6 months.
AB781,6,20 17156.05 Informed consent. (1) Nothing in this chapter may be construed to
18limit the information a provider must provide to an individual in order to comply
19with the medical standard of care and with informed consent requirements under
20state law.
AB781,6,22 21(2) If a provider is unable or unwilling to fulfill a request for medication under
22this chapter, the provider shall proceed as required under s. 156.21 (2).
AB781,7,2 23(3) Failure by a provider to provide information about medical aid in dying to
24an individual who requests it, or failure to refer the individual to another provider

1who can provide the information upon request, shall constitute a failure to obtain
2informed consent for subsequent medical treatments.
AB781,7,4 3156.07 Standard of care. (1) Care that complies with the requirements of
4this chapter meets the medical standard of care.
AB781,7,7 5(2) Nothing in this chapter exempts a provider or other medical personnel from
6meeting the medical standard of care for the treatment of individuals with a terminal
7disease.
AB781,7,12 8156.09 Qualification. (1) A mentally capable adult with a terminal disease
9and a prognosis of 6 months or less may request a prescription for medication under
10this chapter. A qualified individual shall have made an oral request and a written
11request, and reiterated the oral request to the individual's attending provider no less
12than 15 days after making the initial oral request.
AB781,7,15 13(2) The attending provider and consulting provider of a qualified individual
14shall have met each of their respective requirements as set forth in ss. 156.13 and
15156.15.
AB781,7,21 16(3) Notwithstanding sub. (1), if an individual's attending provider has
17medically determined that the individual will, within reasonable medical judgment,
18die within 15 days after making an initial oral request under sub. (1), the 15-day
19waiting period set forth in sub. (1) is waived and the individual may reiterate the oral
20request to the attending provider as required under sub. (1) at any time after making
21the initial oral request.
AB781,7,24 22(4) At the time an individual makes the second oral request under sub. (1), the
23individual's attending provider shall offer the individual an opportunity to rescind
24the request.
AB781,8,4
1(5) Oral and written requests under sub. (1) for medical aid in dying may be
2made only by the requesting individual and may not be made by the individual's
3surrogate decision-maker, health care proxy, attorney-in-fact for health care, or
4through an advance health care directive.
AB781,8,8 5(6) If an individual decides to transfer care to another provider, the former
6provider shall transfer all relevant medical records, including written
7documentation of the date of the individual's request or requests concerning medical
8aid in dying.
AB781,8,14 9156.11 Form of written request. (1) A valid written request for medication
10under this chapter shall be signed and dated by the requesting individual and
11witnessed by at least one person who, in the presence of the requesting individual,
12attests that, to the best of the witness's knowledge and belief, the individual is
13capable, acting voluntarily, and is not being coerced nor unduly influenced to sign the
14request.
AB781,8,16 15(2) The witness required under this section must be a person who is not any
16of the following:
AB781,8,1717 (a) A relative of the requesting individual by blood, marriage, or adoption.
AB781,8,2018 (b) A person who, at the time the request is signed, would be entitled to any
19portion of the estate of the requesting individual upon death under any will or by
20operation of law.
AB781,8,2221 (c) An owner, operator, or employee of a health care facility where the
22requesting individual is receiving medical treatment or is a resident.
AB781,8,24 23(3) The requesting individual's attending provider at the time the request is
24signed may not be a witness.
AB781,8,25 25(4) The requesting individual's interpreter may not be a witness.
AB781,9,2
1(5) The written request for medication shall be in substantially the following
2form:
AB781,9,33 REQUEST FOR MEDICATION
AB781,9,44 TO END MY LIFE IN A
AB781,9,55 PEACEFUL MANNER
AB781,9,86 I, .... (insert name), am an adult of sound mind. I have been diagnosed with ....
7(insert description of terminal disease), and given a prognosis of 6 months or less to
8live.
AB781,9,139 I have been fully informed of the feasible alternative, concurrent, or additional
10treatment opportunities for my terminal disease, including comfort care, palliative
11care, hospice care, or pain control, and the potential risks and benefits of each. I have
12been offered or received resources or referrals to pursue these alternative,
13concurrent, or additional treatment opportunities for my terminal disease.
AB781,9,1814 I have been fully informed of the nature of the medication to be prescribed and
15the risks and benefits, including that the likely outcome of self-administering the
16medication is death. I understand that I can rescind this request at any time and that
17I am under no obligation to fill the prescription once written nor to self-administer
18the medication if I obtain it.
AB781,9,2219 I request that my attending provider furnish a prescription for medication that
20will end my life in a peaceful manner if I choose to self-administer it, and I authorize
21my attending provider to contact a pharmacist to dispense the prescription at a time
22of my choosing.
AB781,9,2323 I make this request voluntarily, free from coercion or undue influence.
AB781,9,2424 Signed: ....
AB781,9,2525 Dated: ....
AB781,10,1
1Witness Signature: ....
AB781,10,22 Dated: ....
AB781,10,5 3156.13 Attending provider responsibilities. (1) The attending provider
4for an individual shall do all of the following with regard to requests for medication
5under this chapter:
AB781,10,76 (a) Determine whether the individual has a terminal disease with a prognosis
7of 6 months or less and is mentally capable.
AB781,10,118 (b) Confirm that the individual's request for medication under this chapter does
9not arise from coercion or undue influence by asking the individual about coercion
10and influence outside the presence of other persons, except for an interpreter if
11necessary.
AB781,10,1212 (c) Inform the individual of all of the following:
AB781,10,1313 1. The individual's diagnosis.
AB781,10,1414 2. The individual's prognosis.
AB781,10,1615 3. The potential risks, benefits, and probable result of self-administering the
16prescribed medication to bring about a peaceful death.
AB781,10,1917 4. The potential benefits and risks of feasible alternatives, including
18concurrent or additional treatment options for the individual's terminal disease,
19palliative care, comfort care, hospice care, and pain control.
AB781,10,2120 5. The individual's right to rescind the request for medication under this
21chapter at any time and in any manner.
AB781,10,2322 (d) Inform the individual that there is no obligation to fill the prescription nor
23an obligation to self-administer the medication if it is obtained.
AB781,11,3
1(e) Provide the individual with a referral for comfort care, palliative care,
2hospice care, pain control, or any other end-of-life treatment option as requested or
3as clinically indicated.
AB781,11,64 (f) Refer the individual to a consulting provider for medical confirmation that
5the individual requesting medication under this chapter both has a terminal disease
6with a prognosis of 6 months or less and is mentally capable.
AB781,11,87 (g) Include the consulting provider's written determination, as provided under
8s. 156.15, in the individual's medical record.
AB781,11,119 (h) Refer the individual to a licensed mental health care provider if the
10attending provider observes signs that the individual may not be capable of making
11an informed decision.
AB781,11,1412 (i) Include the licensed mental health care provider's written determination,
13as provided under s. 156.17, in the individual's medical record if such determination
14was requested.
AB781,11,1615 (j) Inform the individual of the benefits of notifying next of kin of the
16individual's decision to request medication under this chapter.
AB781,11,1717 (k) Fulfill all medical record documentation requirements.
AB781,11,2018 (L) Ensure that all procedures required in order to fulfill a request for
19medication under this chapter are followed before providing a prescription to a
20qualified individual for medication under this chapter, including all of the following:
AB781,11,2221 1. Confirm that the individual has made an informed decision to obtain a
22prescription for medication under this chapter.
AB781,11,2423 2. Offer the individual an opportunity to rescind the request for medication
24under this chapter.
AB781,12,5
13. Educate the individual on the recommended procedure for
2self-administering the medication to be prescribed; the safekeeping and proper
3disposal of unused medication in accordance with state and federal law; the
4importance of having another person present when the individual self-administers
5the medication to be prescribed; and not taking the medication in a public place.
AB781,12,146 (m) Deliver the prescription personally, by mail, or through an authorized
7electronic transmission to a licensed pharmacist who will dispense the medication,
8including any ancillary medications, to the attending provider, to the qualified
9individual, or to an individual expressly designated by the qualified individual in
10person or with a signature required on delivery, by mail service or by messenger
11service, or, if authorized by the federal drug enforcement agency, dispense the
12prescribed medication, including any ancillary medications, to the qualified
13individual or an individual expressly designated by the qualified individual in
14person.
AB781,12,1915 (n) Document in the qualified individual's medical record the individual's
16diagnosis and prognosis, determination of mental capability, the date of the oral
17request or requests, a copy of the written request, a notation that the requirements
18under this chapter have been completed, and identification of the medication and
19ancillary medications prescribed to the qualified individual under this chapter.
AB781,12,21 20(2) Notwithstanding any other provision of law, the attending provider may
21sign the individual's death certificate.
AB781,12,24 22156.15 Consulting provider responsibilities. A consulting provider for an
23individual shall do all of the following with regard to requests for medication under
24this chapter:
AB781,12,25 25(1) Evaluate the individual and the individual's relevant medical records.
AB781,13,2
1(2) Confirm, in writing, to the individual's attending provider that all of the
2following are true:
AB781,13,33 (a) The individual has a terminal disease with prognosis of 6 months or less.
AB781,13,74 (b) The individual is mentally capable. If the consulting provider is unable to
5confirm that the individual is mentally capable, the consulting provider shall provide
6documentation that the consulting provider has referred the individual for further
7evaluation in accordance with s. 156.17.
AB781,13,88 (c) The individual is acting voluntarily, free from coercion or undue influence.
AB781,13,14 9156.17 Referral for confirmation that the requesting individual is
10mentally capable. (1)
If either an attending provider or a consulting provider is
11unable to confirm that an individual making a request for medication under this
12chapter is capable of making an informed decision, the attending provider or the
13consulting provider shall refer the individual to a licensed mental health care
14provider for determination regarding mental capability.
AB781,13,17 15(2) The licensed mental health care provider who evaluates the individual
16under this section shall submit to the requesting attending provider or consulting
17provider a written determination of whether the individual is mentally capable.
AB781,13,21 18(3) If the licensed mental health care provider determines that the individual
19is not mentally capable, the individual may not be deemed a qualified individual and
20the attending provider may not prescribe medication to the individual under this
21chapter.
AB781,13,25 22156.19 Safe disposal of unused medications. A person who has custody or
23control of medication prescribed under this chapter after a qualified individual's
24death shall dispose of the medication by lawful means in accordance with state and
25federal guidelines.
AB781,14,6
1156.21 No duty to provide medical aid in dying. (1) A provider shall
2provide sufficient information to an individual with a terminal disease regarding
3available options, the alternatives, and the foreseeable risks and benefits of each
4option so that the individual is able to make informed decisions regarding his or her
5end-of-life health care, but a provider may choose whether or not to practice medical
6aid in dying under this chapter.
AB781,14,8 7(2) If a provider is unable or unwilling to fulfill an individual's request for
8medication under this chapter, the provider shall do all of the following:
AB781,14,109 (a) Document the date of the individual's request in the individual's medical
10record.
AB781,14,1211 (b) Upon the individual's request, transfer the individual's medical records to
12the new provider, consistent with federal and state law.
AB781,14,16 13(3) A provider may not engage in false, misleading, or deceptive practices
14relating to the provider's willingness to qualify an individual or provide a
15prescription to a qualified individual under this chapter. Intentionally misleading
16an individual constitutes coercion or undue influence.
AB781,14,23 17156.23 Health care facility permissible prohibitions and duties. (1) A
18health care facility may prohibit providers from qualifying, prescribing, or
19dispensing medication under this chapter while performing duties for the facility.
20A prohibiting facility must provide express advance notice in writing at the time of
21hiring, contracting with, or privileging providers and staff, and on a yearly basis
22thereafter. A health care facility that fails to provide advance notice in writing
23waives the right to enforce any prohibition.
AB781,15,4 24(2) If an individual who is a patient at a prohibiting health care facility, as
25described under sub. (1), and who has made a request concerning medical aid in

1dying wishes to transfer care to another health care facility, the prohibiting facility
2shall coordinate a timely transfer, including transfer of the individual's medical
3records that include notation of the date the individual first made a request
4concerning medical aid in dying.
AB781,15,7 5(3) No health care facility may prohibit a provider from doing any of the
6following in fulfilling the requirements of informed consent and meeting the medical
7of standard of care:
Loading...
Loading...