154.225
154.225
Guardians and health care agents. 154.225(2)
(2) The guardian or health care agent of an incapacitated qualified patient may request a do-not-resuscitate order on behalf of that incapacitated qualified patient and consent to the order and sign it after receiving the information specified in
s. 154.19 (2) (a). The guardian or health care agent of an incapacitated qualified patient may revoke a do-not-resuscitate order on behalf of the incapacitated qualified patient by any of the following methods:
154.225(2)(a)
(a) The guardian or health care agent directs an emergency medical technician, first responder or a person who serves as a member of an emergency health care facility's personnel to resuscitate the patient. The emergency medical technician, first responder or the member of the emergency health care facility shall promptly remove the do-not-resuscitate bracelet.
154.225(2)(b)
(b) The guardian or health care agent defaces, burns, cuts or otherwise destroys the do-not-resuscitate bracelet.
154.225(2)(c)
(c) The guardian or health care agent removes the do-not-resuscitate bracelet.
154.225 History
History: 1997 a. 27.
154.23
154.23
Liability. No physician, emergency medical technician, first responder, health care professional or emergency health care facility may be held criminally or civilly liable, or charged with unprofessional conduct, for any of the following:
154.23(1)
(1) Under the directive of a do-not-resuscitate order, withholding or withdrawing, or causing to be withheld or withdrawn, resuscitation from a patient.
154.23(2)
(2) Failing to act upon the revocation of a do-not-resuscitate order unless the person or facility had actual knowledge of the revocation.
154.23(3)
(3) Failing to comply with a do-not-resuscitate order if the person or facility did not have actual knowledge of the do-not-resuscitate order or if the person or facility in good faith believed that the order had been revoked.
154.23 History
History: 1995 a. 200.
154.25
154.25
General provisions. 154.25(1)(1)
Suicide. Under this subchapter, the withholding or withdrawing of resuscitation from a patient wearing a valid do-not-resuscitate bracelet does not, for any purpose, constitute suicide. Requesting a do-not-resuscitate order under this subchapter does not, for any purpose, constitute attempted suicide.
154.25(2)
(2) Life insurance. Requesting a do-not-resuscitate order under
s. 154.19 may not be used to impair in any manner the procurement of any policy of life insurance, and may not be used to modify the terms of an existing policy of life insurance. No policy of life insurance may be impaired in any manner by the withholding or withdrawal of resuscitation from a qualified patient.
154.25(3)
(3) Health insurance. No person may be required to request a do-not-resuscitate order as a condition prior to being admitted to a health care facility or being insured for, or receiving, health care services.
154.25(4)
(4) Other rights. This subchapter does not impair or supersede any of the following:
154.25(4)(a)
(a) A person's right to withhold or withdraw resuscitation.
154.25(4)(b)
(b) The right of any person who does not have a do-not-resuscitate order in effect to receive resuscitation.
154.25(5)
(5) Intent. Failure to request a do-not-resuscitate order creates no presumption that the person consents to the use or withholding of resuscitation in the event that the person suffers from a condition that renders the person a qualified patient.
154.25(6)
(6) Valid do-not-resuscitate bracelet. A do-not-resuscitate bracelet that has not been removed, altered or tampered with in any way shall be presumed valid, unless the patient, the patient's guardian or the patient's health care agent expresses to the emergency medical technician, first responder or emergency health care facility personnel the patient's desire to be resuscitated.
154.25(6m)
(6m) Desire of the patient. The desire of a patient to be resuscitated supersedes the effect of that patient's do-not-resuscitate order at all times.
154.25(7)
(7) Construction. Nothing in this subchapter condones, authorizes or permits any affirmative or deliberate act to end life other than to permit the natural process of dying.
154.25 History
History: 1995 a. 200;
1997 a. 27.
154.27
154.27
Specifications and distribution of do-not-resuscitate bracelet. 154.27(1)
(1) The department shall establish by rule a uniform standard for the size, color, and design of all do-not-resuscitate bracelets. Except as provided in
sub. (2), the rules shall require that the do-not-resuscitate bracelets include the inscription "Do Not Resuscitate"; the name, address, date of birth and gender of the patient; and the name, business telephone number and signature of the attending physician issuing the order.
154.27(2)
(2) The department may approve a do-not-resuscitate bracelet developed and distributed by a commercial vendor if the bracelet contains an emblem that displays an internationally recognized medical symbol on the front and the words "Wisconsin Do-Not-Resuscitate-EMS" and the qualified patient's first and last name on the back. The department may not approve a do-not-resuscitate bracelet developed and distributed by a commercial vendor if the vendor does not require a doctor's order for the bracelet prior to distributing it to a patient.
154.27 History
History: 1995 a. 200;
1999 a. 9.
154.27 Cross-reference
Cross Reference: See also ch.
DHS 125, Wis. adm. code.
154.29(1)(1) Any person who willfully conceals, defaces or damages the do-not-resuscitate bracelet of another person without that person's consent may be fined not more than $500 or imprisoned for not more than 30 days or both.
154.29(2)
(2) Any person who, with the intent to cause the withholding or withdrawal of resuscitation contrary to the wishes of any patient, falsifies, forges or transfers a do-not-resuscitate bracelet to that patient or conceals the revocation under
s. 154.21 of a do-not-resuscitate order or any responsible person who withholds personal knowledge of a revocation under
s. 154.21 is guilty of a Class F felony.
154.29(3)
(3) Any person who directly or indirectly coerces, threatens or intimidates an individual so as to cause the individual to sign or issue a do-not-resuscitate order shall be fined not more than $500 or imprisoned for not more than 30 days or both.
AUTHORIZATION FOR FINAL DISPOSITION
154.30
154.30
Control of final disposition of certain human remains. 154.30(1)(a)(a) "Authorization for final disposition" means a written, signed document that is acknowledged before a notary public or is witnessed and that is voluntarily executed by a declarant under
sub. (8), but is not limited in form or substance to that provided in
sub. (8).
154.30(1)(e)
(e) "Declarant" means an individual who executes an authorization for final disposition.
154.30(1)(f)
(f) "Estranged" means being physically and emotionally alienated for a period of time, at the time of the decedent's death, and clearly demonstrating an absence of due affection, trust, and regard.
154.30(1)(g)
(g) "Final disposition" means disposition of a decedent's remains, including any of the following:
154.30(1)(g)2.
2. A funeral ceremony, memorial service, graveside service, or other last rite.
154.30(1)(g)3.
3. A burial, cremation and burial, or other disposition, or donation of the decedent's body.
154.30(1)(i)
(i) "Health care provider" means any individual who has a credential to provide health care.
154.30(1)(L)
(L) "Representative" means an individual specifically designated in an authorization for final disposition or, if that individual is unable or unwilling to carry out the declarant's decisions and preferences, a successor representative designated in the authorization for final disposition to do so.
154.30(2)
(2) Individuals with control of final disposition; order. 154.30(2)(a)(a) Notwithstanding
s. 445.14 and except as provided in
par. (b) and
sub. (3), any of the following, as prioritized in the following order, who is at least 18 years old and has not been adjudicated incompetent under
ch. 54 or ch.
880, 2003 stats., may control final disposition, including the location, manner, and conditions of final disposition:
154.30(2)(a)1.
1. Subject to
sub. (8) (e), a representative of the decedent acting under the decedent's authorization for final disposition that conveys to the representative the control of final disposition, or a successor representative.
154.30(2)(a)3.
3. The surviving child of the decedent, unless more than one child of the decedent survives. In such an instance, the majority of the surviving children has control of the final disposition, except that fewer than the majority of the surviving children may control the final disposition if that minority has used reasonable efforts to notify all other surviving children and is not aware of opposition by the majority to the minority's intended final disposition.
154.30(2)(a)4.
4. The surviving parent or parents of the decedent or a surviving parent who is available if the other surviving parent is unavailable after the available surviving parent has made reasonable efforts to locate him or her.
154.30(2)(a)5.
5. The surviving sibling of the decedent, unless more than one sibling of the decedent survives. In such an instance, the majority of the surviving siblings has control of the final disposition, except that fewer than the majority of the surviving siblings may control the final disposition if that minority has used reasonable efforts to notify all other surviving siblings and is not aware of opposition by the majority to the minority's intended final disposition.
154.30(2)(a)7.
7. The guardian of the person, if any, of the decedent.
154.30(2)(a)8.
8. Any individual other than an individual specified under
subds. 1. to
7. who is willing to control the final disposition and who attests in writing that he or she has made a good-faith effort, to no avail, to contact the individuals under
subds. 1. to
7.
154.30(2)(b)
(b) Control of final disposition under
par. (a), in the order of priority specified in
par. (a), is restored to an individual specified in
sub. (3) (b) 1. for whom charges under
sub. (3) (b) 1. a. to
d. are dismissed or who is found not guilty of the offense. Subject to
s. 69.18 (4), the control of final disposition under this paragraph, with respect to a decedent for whom disposition has already been made of his or her remains, is limited, as appropriate, to any of the following:
154.30(2)(b)1.
1. A funeral ceremony, memorial service, graveside service, or other last rite.
154.30(2)(b)3.
3. Reinterment, cremation and reinterment, or other disposition of the decedent's body.
154.30(3)(a)(a) All of the following are exceptions to any control conferred under
sub. (2):
154.30(3)(a)1.
1. The disposition of any unrevoked anatomical gift made by the decedent under
s. 157.06 [
(2)] or made by an individual other than the decedent under
s. 157.06 [
(3) or (4)].
154.30 Note
NOTE: Subd. 1. is shown as created by
2007 Wis. Act 58. As a result of the repeal and recreation of s. 157.06 by
2007 Wis. Act 106, the subsection numbers shown in brackets are no longer applicable. Corrective legislation is pending.
154.30(3)(a)2.
2. Any power or duty of a coroner, medical examiner, or other physician licensed to perform autopsies with respect to the reporting of certain deaths, performance of autopsies, and inquests under
ch. 979.
154.30(3)(b)
(b) None of the following is authorized under
sub. (2) to control the final disposition:
154.30(3)(b)1.
1. Unless
sub. (2) (b) applies, an individual who is otherwise authorized to control final disposition under the order of priority of individuals specified in
sub. (2) (a) but who has been charged with any of the following in connection with the decedent's death and the charges are known to the funeral director, crematory authority, or cemetery authority:
154.30(3)(b)2.
2. An individual who is otherwise authorized to control final disposition under the order of priority of individuals specified in
sub. (2) (a) but who fails to exercise this authorization within 2 days after he or she is notified of the decedent's death or who cannot be located after reasonable efforts to do so has been made.
154.30(3)(b)3.
3. The decedent's spouse, if an action under
ch. 767 to terminate the marriage of the spouse and the decedent was pending at the time of the decedent's death.
154.30(3)(b)4.
4. An individual for whom a determination is made [under] by the probate court under
par. (c) 2. b. that the individual and the decedent were estranged at the time of death.
154.30 Note
NOTE: An unnecessary word is shown in brackets. Corrective legislation is pending.
154.30(3)(c)
(c) If the individuals on the same level of priority specified in
sub. (2) (a) are unable to agree on the final disposition, the probate court that has jurisdiction for the county in which the decedent resided at the time of his or her death may designate an individual as most fit and appropriate to control the final disposition. All of the following apply to a designation made under this paragraph:
154.30(3)(c)1.
1. After the decedent's death, a petition regarding control of the final disposition shall be filed with the probate court by any of the following:
154.30(3)(c)1.b.
b. An individual seeking control of the final disposition who claims a closer personal relationship to the decedent than the decedent's next of kin and who was not in the employ of the decedent or the decedent's family.
154.30(3)(c)1.c.
c. If 2 or more individuals on the same level of priority in
sub. (2) (a) cannot, by majority vote, decide concerning the final disposition, any of those individuals or the funeral director, crematory authority, or cemetery authority that possesses the decedent's remains.
