SB739,9,2525 Dated: ....
SB739,10,1
1Witness Signature: ....
SB739,10,22 Dated: ....
SB739,10,5 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:
SB739,10,76 (a) Determine whether the individual has a terminal disease with a prognosis
7of 6 months or less and is mentally capable.
SB739,10,118 (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.
SB739,10,1212 (c) Inform the individual of all of the following:
SB739,10,1313 1. The individual's diagnosis.
SB739,10,1414 2. The individual's prognosis.
SB739,10,1615 3. The potential risks, benefits, and probable result of self-administering the
16prescribed medication to bring about a peaceful death.
SB739,10,1917 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.
SB739,10,2120 5. The individual's right to rescind the request for medication under this
21chapter at any time and in any manner.
SB739,10,2322 (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.
SB739,11,3
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.
SB739,11,64 (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.
SB739,11,87 (g) Include the consulting provider's written determination, as provided under
8s. 156.15, in the individual's medical record.
SB739,11,119 (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.
SB739,11,1412 (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.
SB739,11,1615 (j) Inform the individual of the benefits of notifying next of kin of the
16individual's decision to request medication under this chapter.
SB739,11,1717 (k) Fulfill all medical record documentation requirements.
SB739,11,2018 (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:
SB739,11,2221 1. Confirm that the individual has made an informed decision to obtain a
22prescription for medication under this chapter.
SB739,11,2423 2. Offer the individual an opportunity to rescind the request for medication
24under this chapter.
SB739,12,5
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.
SB739,12,146 (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.
SB739,12,1915 (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.
SB739,12,21 20(2) Notwithstanding any other provision of law, the attending provider may
21sign the individual's death certificate.
SB739,12,24 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:
SB739,12,25 25(1) Evaluate the individual and the individual's relevant medical records.
SB739,13,2
1(2) Confirm, in writing, to the individual's attending provider that all of the
2following are true:
SB739,13,33 (a) The individual has a terminal disease with prognosis of 6 months or less.
SB739,13,74 (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.
SB739,13,88 (c) The individual is acting voluntarily, free from coercion or undue influence.
SB739,13,14 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.
SB739,13,17 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.
SB739,13,21 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.
SB739,13,25 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.
SB739,14,6
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.
SB739,14,8 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:
SB739,14,109 (a) Document the date of the individual's request in the individual's medical
10record.
SB739,14,1211 (b) Upon the individual's request, transfer the individual's medical records to
12the new provider, consistent with federal and state law.
SB739,14,16 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.
SB739,14,23 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.
SB739,15,4 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.
SB739,15,7 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:
SB739,15,108 (a) Providing information to an individual regarding the individual's health
9status, including diagnosis, prognosis, recommended treatment, treatment
10alternatives, and any potential risks to the individual's health.
SB739,15,1411 (b) Providing information about available services, including health care
12services available under this chapter, information about relevant community
13resources, and information about how to access those resources to obtain the care of
14the individual's choice.
SB739,15,1715 (c) Prescribing medication under this chapter for a qualified individual outside
16the scope of the provider's employment or contract with the prohibiting facility and
17off the premises of the prohibiting facility.
SB739,15,2118 (d) Being present when a qualified individual self-administers medication
19prescribed under this chapter or at the time of death, if requested by the qualified
20individual or his or her representative and if outside the scope of the provider's
21employment or contractual duties with the prohibiting facility.
SB739,16,6 22(4) A health care facility may not engage in false, misleading, or deceptive
23practices relating to its policy regarding end-of-life care services, including whether
24it has a policy that prohibits affiliated providers from determining an individual's
25qualification for medical aid in dying or writing a prescription for a qualified

1individual under this chapter. A health care facility may not intentionally deny an
2individual access to medication under this chapter by failing to transfer an
3individual and the individual's medical records to another provider in a timely
4manner. Intentionally misleading an individual or deploying misinformation to
5obstruct access to services under this chapter constitutes coercion or undue
6influence.
SB739,16,11 7(5) If any part of this chapter is found to be in conflict with federal requirements
8that are a prescribed condition for the receipt of federal funds, the conflicting part
9of this chapter is inoperative solely to the extent of the conflict with respect to the
10facility directly affected, and such finding or determination does not affect the
11operation of the remainder of the chapter.
SB739,16,16 12156.25 Immunities for actions in good faith; prohibition against
13reprisals
. (1) No person or health care facility shall be subject to civil or criminal
14liability or professional disciplinary action, including censure, suspension, loss of
15license, loss of privileges, loss of membership, or any other penalty, for engaging in
16good faith compliance with this chapter.
SB739,16,22 17(2) No provider, health care facility, professional organization, or association
18shall subject a provider to discharge, demotion, censure, discipline, suspension, loss
19of license, loss of privileges, loss of membership, discrimination, or any other penalty
20for providing medical aid in dying in accordance with the medical standard of care
21and in good faith under this chapter, except if a provider acts in violation of a health
22care facility's valid prohibition or prohibitions under s. 156.23.
SB739,17,4 23(3) No provider, health care facility, professional organization, or association
24shall subject a provider to discharge, demotion, censure, discipline, suspension, loss
25of license, loss of privileges, loss of membership, discrimination, or any other penalty

1for providing medical aid in dying in accordance with the medical standard of care
2and in good faith under this chapter while engaged in the outside practice of medicine
3and off the facility premises or for providing scientific and accurate information
4about medical aid in dying to an individual when discussing end-of-life care options.
SB739,17,11 5(4) An individual is not subject to civil or criminal liability or professional
6discipline if, at the request of a qualified individual, the individual is present outside
7the scope of the individual's employment contract and off the facility premises when
8the qualified individual self-administers medication under this chapter or at the
9time of death. An individual who is present may, without civil or criminal liability,
10assist the qualified individual by preparing the medication prescribed under this
11chapter.
SB739,17,14 12(5) A request by an individual for and the provision of medication under this
13chapter alone does not constitute neglect or elder abuse for any purpose of law, nor
14shall it be the sole basis for appointment of a guardian or conservator.
SB739,17,16 15(6) This chapter does not limit civil liability for intentional or negligent
16misconduct.
SB739,17,20 17156.27 Reporting requirements. (1) The department shall create a
18checklist form and a follow-up form for attending providers to facilitate collection of
19the information described in this chapter and post these forms to the department's
20Internet site.
SB739,17,23 21(2) Within 30 calendar days of providing a prescription for medication under
22this chapter, an attending provider shall submit to the department a completed
23checklist form, as provided under sub. (1), with all of the following information:
SB739,17,2424 (a) The qualified individual's name and date of birth.
SB739,17,2525 (b) The qualified individual's terminal diagnosis and prognosis.
SB739,18,1
1(c) Notice that the requirements under this chapter have been completed.
SB739,18,22 (d) Notice that medication has been prescribed under this chapter.
SB739,18,6 3(3) Within 60 calendar days of notification of a qualified individual's death from
4self-administration of medication prescribed under this chapter, the attending
5provider shall submit to the department a follow up form, as provided under sub. (1),
6with all of the following information:
SB739,18,77 (a) The qualified individual's name and date of birth.
SB739,18,88 (b) The date of the qualified individual's death.
SB739,18,109 (c) A notation of whether or not the qualified individual was enrolled in hospice
10services at the time of the qualified individual's death.
SB739,18,14 11(4) The department shall annually review a sample of records related to
12requests under this chapter to ensure compliance and issue a public statistical
13report. The report shall not include any identifying information and shall be limited
14to the following statistical information:
SB739,18,1515 (a) The number of prescriptions for medication written under this chapter.
SB739,18,1716 (b) The number of providers who wrote prescriptions for medication under this
17chapter.
SB739,18,1918 (c) The number of qualified individuals who died following self-administration
19of medication prescribed and dispensed under this chapter.
SB739,18,22 20(5) Except as otherwise required by law, the information collected by the
21department that is related to requests under this chapter is not a public record and
22is not available for public inspection under s. 19.35.
SB739,18,24 23(6) Willful failure or refusal to timely submit records required under this
24chapter nullifies protections under s. 156.25.
SB739,19,4
1156.29 Effect on construction of will, contracts, and statutes. (1) No
2provision in a contract, will, or other agreement, whether written or oral, that would
3determine whether an individual may make or rescind a request under this chapter
4is valid.
SB739,19,6 5(2) No obligation owing under any existing contract may be conditioned or
6affected by an individual's act of making or rescinding a request under this chapter.
SB739,19,10 7(3) It is unlawful for an insurer to deny or alter health care benefits otherwise
8available to an individual with a terminal disease based on the availability of
9medical aid in dying or to otherwise attempt to coerce an individual with a terminal
10disease to make a request for medical aid-in-dying medication.
SB739,19,14 11156.31 Insurance or annuity policies. (1) Neither the sale, procurement,
12or issuance of a life, health, or accident insurance policy or an annuity policy nor the
13rate charged for such a policy may be conditioned upon or affected by an individual's
14act of making or rescinding a request for medication under this chapter.
SB739,19,17 15(2) A qualified individual's act of self-administering medication under this
16chapter does not invalidate any part of a life, health, or accident insurance policy or
17an annuity policy.
SB739,19,23 18(3) An insurance plan, including the Medical Assistance program under subch.
19IV of ch. 49, may not deny or alter benefits to an individual with a terminal disease
20who is a covered beneficiary of an insurance plan based on the availability of medical
21aid in dying, the individual's request for medication under this chapter, or the
22absence of a request for medication under this chapter. Failure to meet this
23requirement shall constitute a violation of the insurance code of this state.
SB739,20,2 24156.33 Death certificate. (1) Unless otherwise prohibited by law, an
25attending provider or a hospice medical director may sign the death certificate of a

1qualified individual who obtained and self-administered a prescription for
2medication under this chapter.
SB739,20,4 3(2) When a death has occurred in accordance with this chapter, the death shall
4be attributed to the underlying terminal disease.
SB739,20,6 5(3) A death following self-administering medication under this chapter does
6not alone constitute grounds for post-mortem inquiry.
SB739,20,8 7(4) A death in accordance with this chapter may not be designated as suicide
8or homicide.
SB739,20,10 9(5) A qualified individual's act of self-administering medication prescribed
10under this chapter may not be indicated on the individual's death certificate.
SB739,20,12 11(6) A coroner may conduct a preliminary investigation to determine whether
12an individual received a prescription for medication under this chapter.
SB739,20,16 13156.35 Liabilities and penalties . (1) Intentionally or knowingly altering
14or forging an individual's request for medication under this chapter or concealing or
15destroying a rescission of a request for medication under this chapter is a Class F
16felony.
SB739,20,19 17(2) Intentionally or knowingly exercising coercion or undue influence on an
18individual with a terminal disease to request or use medication under this chapter
19is a Class F felony.
SB739,20,22 20(3) Nothing in this chapter limits civil liability nor damages arising from
21negligent conduct or intentional misconduct, including failure to obtain informed
22consent by any person, provider, or health care facility.
SB739,20,24 23(4) The penalties specified in this chapter do not preclude criminal penalties
24applicable under other laws for conduct inconsistent with this chapter.
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