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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 781
December 8, 2023 - Introduced by Representatives OHNSTAD, JOERS, PALMERI,
SNODGRASS, EMERSON, JACOBSON, CONLEY, STUBBS, SINICKI, SUBECK and CLANCY,
cosponsored by Senators HESSELBEIN, AGARD, CARPENTER, TAYLOR, ROYS and
SPREITZER. Referred to Committee on Health, Aging and Long-Term Care.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to create chapter 156 and 979.01 (1j) of the statutes; relating to:
permitting certain qualified individuals to make a request for medication for
the purpose of ending their lives and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill permits an individual who is at least 18 years of age, mentally capable,
and has a terminal disease with a prognosis of less than six months to live to
voluntarily request a prescription for medication for the purpose of ending his or her
life. Under the bill, “terminal disease” means an incurable and irreversible disease
that has been medically confirmed and will, within reasonable medical judgment,
produce death within six months. The bill authorizes the individual's attending
provider to issue a prescription for the medication if specified requirements are met.
Under the bill, an attending or consulting provider must be a licensed physician, an
advanced practice registered nurse, or a physician assistant. Death following
self-administering medication in accordance with the requirements of the bill does
not alone constitute grounds for post-mortem inquiry and such a death may not be
designated as suicide or homicide.
The bill requires that the Department of Health Services develop and distribute
certain standard forms to be used for reporting by attending providers in the context
of requests for medication under the provisions of the bill.
The bill establishes certain requirements that must be met before an attending
provider may issue a prescription in response to an individual's request for a
prescription for medication to end his or her life. With certain exceptions for an
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individual who is determined to be within 15 days of death, a qualified individual
must make an oral request and a written request and reiterate the oral request to
his or her attending provider no less than 15 days after making the initial oral
request. The oral and written requests for medical aid in dying may only be made
by the requesting individual and not by any surrogate decision-maker, health care
proxy, attorney-in-fact for health care, or through an advance health care directive.
The written request must be substantially in the form provided in the bill. It must
be signed and dated by the individual and witnessed by at least one individual who
meets certain qualifications and attests that the individual is capable, acting
voluntarily, and is not being coerced or unduly influenced to sign the request.
The bill requires an attending provider to comply with certain requirements
with respect to requests for medication under the bill, including 1) determining
whether an individual has a terminal disease with a prognosis of six months or less
to live and is mentally capable; 2) confirming that the individual's request does not
arise from coercion or undue influence; 3) informing the individual of certain
information specified in the bill, including the potential risks, benefits, and probable
result of self-administering the prescribed medication; 4) informing the individual
that there is no obligation to fill the prescription nor an obligation to self-administer
the medication, even if obtained; 6) providing a referral for comfort care, palliative
care, hospice care, pain control, or other end-of-life treatment options as requested
or as medically indicated; 7) referring the individual to a consulting provider for
medical confirmation that the individual requesting medication under the bill both
has a terminal disease with a prognosis of six months or less to live and is mentally
capable; and 8) before providing a prescription, confirming that the individual has
made an informed decision to obtain medication under the bill, offering the
individual an opportunity to rescind the request, and educating the individual on the
recommended procedure for self-administration of the medication, the safe-keeping
and proper disposal of unused medication, the importance of having another person
present when the person self-administers the medication, and not taking the
medication in a public place. Under the bill, a consulting provider must evaluate an
individual making a request for medication under the provisions of the bill and
confirm, in writing, to the attending provider that the individual has a terminal
disease with a prognosis of six months or less to live; that the individual is mentally
capable or that the consulting provider has referred the individual to a licensed
mental health provider for further evaluation; and that the individual is acting
voluntarily, free from coercion or undue influence. The bill requires that if either the
attending provider or the consulting provider is unable to confirm that the individual
is capable of making an informed decision, the attending provider or the consulting
provider must refer the individual to a licensed mental health provider for
determination regarding mental capability.
The bill specifies that a provider may choose whether or not to practice medical
aid in dying under the provisions of the bill, but if a provider is unable or unwilling
to fulfill an individual's request for medication under the bill, the provider must still
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specifies that a health care facility may prohibit providers from qualifying,
prescribing, or dispensing medication under the provisions of the bill while
performing duties for the facility, but if it does so, it must provide advance notice to
providers and staff in writing, and then on a yearly basis. If an individual wishes
to transfer to another facility, the facility must coordinate a timely transfer. Finally,
no health care facility may prohibit a provider from fulfilling the requirements of
informed consent and meeting the medical standard of care, including by allowing
a provider to prescribe medication under the provisions of the bill outside of the scope
of the provider's employment or contract with the prohibiting facility and off the
premises of the the prohibiting facility.
The bill includes immunity for actions taken in good faith, but also includes
penalties for intentionally or knowingly 1) altering or forging an individual's request
for medication under the bill; 2) concealing or destroying a rescission of a request for
medication under the bill; or 3) coercing or exerting undue influence on an individual
with a terminal disease to request or use medication under the bill. The bill expressly
does not not limit civil liability or damages arising from negligent conduct or
intentional misconduct.
Under the bill, insurance, including insurance rates, may not be conditioned on
or affected by an individual's act of making or rescinding a request for medication
under the provisions of the bill. Further, a qualified individual's act of
self-administering medication consistent with the provisions of the bill does not
invalidate any part of a life, health, or accident insurance policy, or an annuity policy.
Finally, no insurance plan may deny or alter benefits to an individual with a terminal
disease who is a covered beneficiary based on the availability of medical aid in dying,
the individual's request for medication under the provisions of the bill, or the absence
of such a request.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. Chapter 156 of the statutes is created to read:
CHAPTER 156
MEDICAL AID IN DYING
156.01 Short title. This chapter shall be known and may be cited as the “Our
Care, Our Options Act."
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156.03 Definitions. In this chapter:
(1) “Adult” means an individual who is 18 years of age or older.
(2) “Attending provider” means the provider who has primary responsibility
for the care of an individual and treatment of that individual's terminal disease.
(3) “Coercion or undue influence” means the willful attempt, whether by
deception, intimidation, or any other means, to do any of the following:
(a) Cause an individual to request, obtain, or self-administer medication under
this chapter with intent to cause the death of the individual.
(b) Prevent a qualified individual from obtaining or self-administering
medication under this chapter.
(4) “Consulting provider” means a provider who is qualified by specialty or
experience to make a professional diagnosis and prognosis regarding an individual's
disease.
(5) “Department” means the department of health services.
(6) “Health care facility” means a general hospital, medical clinic, nursing
home, or in-patient hospice facility or any other entity regulated under ch. 50. A
health care facility does not include individual providers.
(7) “Informed decision” means a decision by a qualified individual to request
and obtain a prescription for medication under this chapter that the qualified
individual may self-administer to bring about his or her peaceful death, after being
fully informed by the individual's attending provider of all of the following:
(a) The individual's diagnosis and prognosis.
(b) The potential risks associated with taking the medication to be prescribed.
(c) The probable result of taking the medication to be prescribed.
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(d) The feasible end-of-life care and treatment options for the individual's
terminal disease, including comfort care, palliative care, hospice care, and pain
control, and the risks and benefits of each.
(e) The individual's right to withdraw a request under this chapter or consent
for any other treatment at any time.
(8) Notwithstanding sub. (13), “licensed mental health care provider” means
a psychiatrist, psychologist, clinical social worker, psychiatric nurse practitioner,
clinical mental health counselor, or clinical professional counselor licensed, certified,
or otherwise credentialed in this state.
(9) “Medical aid in dying” means the practice of evaluating a request,
determining qualification, and providing a prescription to a qualified individual
under this chapter.
(10) “Medically confirmed” means that a consulting provider, after performing
a medical evaluation, has confirmed an attending provider's medical opinion that an
individual is eligible to receive medication under this chapter.
(11) “Mentally capable” means that in the opinion of an attending provider or
consulting provider, or a licensed mental health care provider if a determination is
requested under s. 156.17, an individual requesting medication under this chapter
has the ability to make and communicate an informed decision.
(12) “Prognosis of 6 months or less” means an individual's terminal disease
will, within reasonable medical judgment, result in the death of that individual
within 6 months.
(13) “Provider” means a person licensed, certified, or otherwise authorized or
permitted by this state to diagnose and treat medical conditions and prescribe and
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dispense medication, including controlled substances, but does not include a health
care facility. Provider includes any of the following:
(a) A physician licensed under ch. 448.
(b) An advanced practice registered nurse, as defined in s. 154.01 (1g).
(c) A physician assistant licensed under subch. IX of ch. 448.
(14) “Qualified individual” means a mentally capable adult who has satisfied
the requirements of this chapter in order to obtain a prescription for medication to
bring about a peaceful death. No person will be considered a “qualified individual”
under this chapter solely because of advanced age or disability.
(15) “Self-administer” means a qualified individual performs an affirmative,
conscious, and voluntary act to ingest medication prescribed under this chapter to
bring about the individual's peaceful death. Self-administration does not include
administration by intravenous or other parenteral injection or infusion.
(16) “Terminal disease” means an incurable and irreversible disease that has
been medically confirmed and will, within reasonable medical judgment, produce
death within 6 months.
156.05 Informed consent. (1) Nothing in this chapter may be construed to
limit the information a provider must provide to an individual in order to comply
with the medical standard of care and with informed consent requirements under
state law.
(2) If a provider is unable or unwilling to fulfill a request for medication under
this chapter, the provider shall proceed as required under s. 156.21 (2).
(3) Failure by a provider to provide information about medical aid in dying to
an individual who requests it, or failure to refer the individual to another provider
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who can provide the information upon request, shall constitute a failure to obtain
informed consent for subsequent medical treatments.
156.07 Standard of care. (1) Care that complies with the requirements of
this chapter meets the medical standard of care.
(2) Nothing in this chapter exempts a provider or other medical personnel from
meeting the medical standard of care for the treatment of individuals with a terminal
disease.
156.09 Qualification. (1) A mentally capable adult with a terminal disease
and a prognosis of 6 months or less may request a prescription for medication under
this chapter. A qualified individual shall have made an oral request and a written
request, and reiterated the oral request to the individual's attending provider no less
than 15 days after making the initial oral request.
(2) The attending provider and consulting provider of a qualified individual
shall have met each of their respective requirements as set forth in ss. 156.13 and
156.15.
(3) Notwithstanding sub. (1), if an individual's attending provider has
medically determined that the individual will, within reasonable medical judgment,
die within 15 days after making an initial oral request under sub. (1), the 15-day
waiting period set forth in sub. (1) is waived and the individual may reiterate the oral
request to the attending provider as required under sub. (1) at any time after making
the initial oral request.
(4) At the time an individual makes the second oral request under sub. (1), the
individual's attending provider shall offer the individual an opportunity to rescind
the request.
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(5) Oral and written requests under sub. (1) for medical aid in dying may be
made only by the requesting individual and may not be made by the individual's
surrogate decision-maker, health care proxy, attorney-in-fact for health care, or
through an advance health care directive.
(6) If an individual decides to transfer care to another provider, the former
provider shall transfer all relevant medical records, including written
documentation of the date of the individual's request or requests concerning medical
aid in dying.
156.11 Form of written request. (1) A valid written request for medication
under this chapter shall be signed and dated by the requesting individual and
witnessed by at least one person who, in the presence of the requesting individual,
attests that, to the best of the witness's knowledge and belief, the individual is
capable, acting voluntarily, and is not being coerced nor unduly influenced to sign the
request.
(2) The witness required under this section must be a person who is not any
of the following:
(a) A relative of the requesting individual by blood, marriage, or adoption.
(b) A person who, at the time the request is signed, would be entitled to any
portion of the estate of the requesting individual upon death under any will or by
operation of law.
(c) An owner, operator, or employee of a health care facility where the
requesting individual is receiving medical treatment or is a resident.
(3) The requesting individual's attending provider at the time the request is
signed may not be a witness.
(4) The requesting individual's interpreter may not be a witness.
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(5) The written request for medication shall be in substantially the following
form:
REQUEST FOR MEDICATION
TO END MY LIFE IN A
PEACEFUL MANNER
I, .... (insert name), am an adult of sound mind. I have been diagnosed with ....
(insert description of terminal disease), and given a prognosis of 6 months or less to
live.
I have been fully informed of the feasible alternative, concurrent, or additional
treatment opportunities for my terminal disease, including comfort care, palliative
care, hospice care, or pain control, and the potential risks and benefits of each. I have
been offered or received resources or referrals to pursue these alternative,
concurrent, or additional treatment opportunities for my terminal disease.
I have been fully informed of the nature of the medication to be prescribed and
the risks and benefits, including that the likely outcome of self-administering the
medication is death. I understand that I can rescind this request at any time and that
I am under no obligation to fill the prescription once written nor to self-administer
the medication if I obtain it.
I request that my attending provider furnish a prescription for medication that
will end my life in a peaceful manner if I choose to self-administer it, and I authorize
my attending provider to contact a pharmacist to dispense the prescription at a time
of my choosing.
I make this request voluntarily, free from coercion or undue influence.
Signed: ....
Dated: ....
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Witness Signature: ....
Dated: ....
156.13 Attending provider responsibilities. (1) The attending provider
for an individual shall do all of the following with regard to requests for medication
under this chapter:
(a) Determine whether the individual has a terminal disease with a prognosis
of 6 months or less and is mentally capable.
(b) Confirm that the individual's request for medication under this chapter does
not arise from coercion or undue influence by asking the individual about coercion
and influence outside the presence of other persons, except for an interpreter if
necessary.
(c) Inform the individual of all of the following:
1. The individual's diagnosis.
2. The individual's prognosis.
3. The potential risks, benefits, and probable result of self-administering the
prescribed medication to bring about a peaceful death.
4. The potential benefits and risks of feasible alternatives, including
concurrent or additional treatment options for the individual's terminal disease,
palliative care, comfort care, hospice care, and pain control.
5. The individual's right to rescind the request for medication under this
chapter at any time and in any manner.
(d) Inform the individual that there is no obligation to fill the prescription nor
an obligation to self-administer the medication if it is obtained.
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(e) Provide the individual with a referral for comfort care, palliative care,
hospice care, pain control, or any other end-of-life treatment option as requested or
as clinically indicated.
(f) Refer the individual to a consulting provider for medical confirmation that
the individual requesting medication under this chapter both has a terminal disease
with a prognosis of 6 months or less and is mentally capable.
(g) Include the consulting provider's written determination, as provided under
s. 156.15, in the individual's medical record.
(h) Refer the individual to a licensed mental health care provider if the
attending provider observes signs that the individual may not be capable of making
an informed decision.
(i) Include the licensed mental health care provider's written determination,
as provided under s. 156.17, in the individual's medical record if such determination
was requested.
(j) Inform the individual of the benefits of notifying next of kin of the
individual's decision to request medication under this chapter.
(k) Fulfill all medical record documentation requirements.
(L) Ensure that all procedures required in order to fulfill a request for
medication under this chapter are followed before providing a prescription to a
qualified individual for medication under this chapter, including all of the following:
1. Confirm that the individual has made an informed decision to obtain a
prescription for medication under this chapter.
2. Offer the individual an opportunity to rescind the request for medication
under this chapter.
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3. Educate the individual on the recommended procedure for
self-administering the medication to be prescribed; the safekeeping and proper
disposal of unused medication in accordance with state and federal law; the
importance of having another person present when the individual self-administers
the medication to be prescribed; and not taking the medication in a public place.
(m) Deliver the prescription personally, by mail, or through an authorized
electronic transmission to a licensed pharmacist who will dispense the medication,
including any ancillary medications, to the attending provider, to the qualified
individual, or to an individual expressly designated by the qualified individual in
person or with a signature required on delivery, by mail service or by messenger
service, or, if authorized by the federal drug enforcement agency, dispense the
prescribed medication, including any ancillary medications, to the qualified
individual or an individual expressly designated by the qualified individual in
person.
(n) Document in the qualified individual's medical record the individual's
diagnosis and prognosis, determination of mental capability, the date of the oral
request or requests, a copy of the written request, a notation that the requirements
under this chapter have been completed, and identification of the medication and
ancillary medications prescribed to the qualified individual under this chapter.
(2) Notwithstanding any other provision of law, the attending provider may
sign the individual's death certificate.
156.15 Consulting provider responsibilities. A consulting provider for an
individual shall do all of the following with regard to requests for medication under
this chapter:
(1) Evaluate the individual and the individual's relevant medical records.
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(2) Confirm, in writing, to the individual's attending provider that all of the
following are true:
(a) The individual has a terminal disease with prognosis of 6 months or less.
(b) The individual is mentally capable. If the consulting provider is unable to
confirm that the individual is mentally capable, the consulting provider shall provide
documentation that the consulting provider has referred the individual for further
evaluation in accordance with s. 156.17.
(c) The individual is acting voluntarily, free from coercion or undue influence.
156.17 Referral for confirmation that the requesting individual is
mentally capable. (1) If either an attending provider or a consulting provider is
unable to confirm that an individual making a request for medication under this
chapter is capable of making an informed decision, the attending provider or the
consulting provider shall refer the individual to a licensed mental health care
provider for determination regarding mental capability.
(2) The licensed mental health care provider who evaluates the individual
under this section shall submit to the requesting attending provider or consulting
provider a written determination of whether the individual is mentally capable.
(3) If the licensed mental health care provider determines that the individual
is not mentally capable, the individual may not be deemed a qualified individual and
the attending provider may not prescribe medication to the individual under this
chapter.
156.19 Safe disposal of unused medications. A person who has custody or
control of medication prescribed under this chapter after a qualified individual's
death shall dispose of the medication by lawful means in accordance with state and
federal guidelines.
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156.21 No duty to provide medical aid in dying. (1) A provider shall
provide sufficient information to an individual with a terminal disease regarding
available options, the alternatives, and the foreseeable risks and benefits of each
option so that the individual is able to make informed decisions regarding his or her
end-of-life health care, but a provider may choose whether or not to practice medical
aid in dying under this chapter.
(2) If a provider is unable or unwilling to fulfill an individual's request for
medication under this chapter, the provider shall do all of the following:
(a) Document the date of the individual's request in the individual's medical
record.
(b) Upon the individual's request, transfer the individual's medical records to
the new provider, consistent with federal and state law.
(3) A provider may not engage in false, misleading, or deceptive practices
relating to the provider's willingness to qualify an individual or provide a
prescription to a qualified individual under this chapter. Intentionally misleading
an individual constitutes coercion or undue influence.
156.23 Health care facility permissible prohibitions and duties. (1) A
health care facility may prohibit providers from qualifying, prescribing, or
dispensing medication under this chapter while performing duties for the facility.
A prohibiting facility must provide express advance notice in writing at the time of
hiring, contracting with, or privileging providers and staff, and on a yearly basis
thereafter. A health care facility that fails to provide advance notice in writing
waives the right to enforce any prohibition.
(2) If an individual who is a patient at a prohibiting health care facility, as
described under sub. (1), and who has made a request concerning medical aid in
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dying wishes to transfer care to another health care facility, the prohibiting facility
shall coordinate a timely transfer, including transfer of the individual's medical
records that include notation of the date the individual first made a request
concerning medical aid in dying.
(3) No health care facility may prohibit a provider from doing any of the
following in fulfilling the requirements of informed consent and meeting the medical
of standard of care:
(a) Providing information to an individual regarding the individual's health
status, including diagnosis, prognosis, recommended treatment, treatment
alternatives, and any potential risks to the individual's health.
(b) Providing information about available services, including health care
services available under this chapter, information about relevant community
resources, and information about how to access those resources to obtain the care of
the individual's choice.
(c) Prescribing medication under this chapter for a qualified individual outside
the scope of the provider's employment or contract with the prohibiting facility and
off the premises of the prohibiting facility.
(d) Being present when a qualified individual self-administers medication
prescribed under this chapter or at the time of death, if requested by the qualified
individual or his or her representative and if outside the scope of the provider's
employment or contractual duties with the prohibiting facility.
(4) A health care facility may not engage in false, misleading, or deceptive
practices relating to its policy regarding end-of-life care services, including whether
it has a policy that prohibits affiliated providers from determining an individual's
qualification for medical aid in dying or writing a prescription for a qualified
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individual under this chapter. A health care facility may not intentionally deny an
individual access to medication under this chapter by failing to transfer an
individual and the individual's medical records to another provider in a timely
manner. Intentionally misleading an individual or deploying misinformation to
obstruct access to services under this chapter constitutes coercion or undue
influence.
(5) If any part of this chapter is found to be in conflict with federal requirements
that are a prescribed condition for the receipt of federal funds, the conflicting part
of this chapter is inoperative solely to the extent of the conflict with respect to the
facility directly affected, and such finding or determination does not affect the
operation of the remainder of the chapter.
156.25 Immunities for actions in good faith; prohibition against
reprisals. (1) No person or health care facility shall be subject to civil or criminal
liability or professional disciplinary action, including censure, suspension, loss of
license, loss of privileges, loss of membership, or any other penalty, for engaging in
good faith compliance with this chapter.
(2) No provider, health care facility, professional organization, or association
shall subject a provider to discharge, demotion, censure, discipline, suspension, loss
of license, loss of privileges, loss of membership, discrimination, or any other penalty
for providing medical aid in dying in accordance with the medical standard of care
and in good faith under this chapter, except if a provider acts in violation of a health
care facility's valid prohibition or prohibitions under s. 156.23.
(3) No provider, health care facility, professional organization, or association
shall subject a provider to discharge, demotion, censure, discipline, suspension, loss
of license, loss of privileges, loss of membership, discrimination, or any other penalty
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for providing medical aid in dying in accordance with the medical standard of care
and in good faith under this chapter while engaged in the outside practice of medicine
and off the facility premises or for providing scientific and accurate information
about medical aid in dying to an individual when discussing end-of-life care options.
(4) An individual is not subject to civil or criminal liability or professional
discipline if, at the request of a qualified individual, the individual is present outside
the scope of the individual's employment contract and off the facility premises when
the qualified individual self-administers medication under this chapter or at the
time of death. An individual who is present may, without civil or criminal liability,
assist the qualified individual by preparing the medication prescribed under this
chapter.
(5) A request by an individual for and the provision of medication under this
chapter alone does not constitute neglect or elder abuse for any purpose of law, nor
shall it be the sole basis for appointment of a guardian or conservator.
(6) This chapter does not limit civil liability for intentional or negligent
misconduct.
156.27 Reporting requirements. (1) The department shall create a
checklist form and a follow-up form for attending providers to facilitate collection of
the information described in this chapter and post these forms to the department's
Internet site.
(2) Within 30 calendar days of providing a prescription for medication under
this chapter, an attending provider shall submit to the department a completed
checklist form, as provided under sub. (1), with all of the following information:
(a) The qualified individual's name and date of birth.
(b) The qualified individual's terminal diagnosis and prognosis.
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(c) Notice that the requirements under this chapter have been completed.
(d) Notice that medication has been prescribed under this chapter.
(3) Within 60 calendar days of notification of a qualified individual's death from
self-administration of medication prescribed under this chapter, the attending
provider shall submit to the department a follow up form, as provided under sub. (1),
with all of the following information:
(a) The qualified individual's name and date of birth.
(b) The date of the qualified individual's death.
(c) A notation of whether or not the qualified individual was enrolled in hospice
services at the time of the qualified individual's death.
(4) The department shall annually review a sample of records related to
requests under this chapter to ensure compliance and issue a public statistical
report. The report shall not include any identifying information and shall be limited
to the following statistical information:
(a) The number of prescriptions for medication written under this chapter.
(b) The number of providers who wrote prescriptions for medication under this
chapter.
(c) The number of qualified individuals who died following self-administration
of medication prescribed and dispensed under this chapter.
(5) Except as otherwise required by law, the information collected by the
department that is related to requests under this chapter is not a public record and
is not available for public inspection under s. 19.35.
(6) Willful failure or refusal to timely submit records required under this
chapter nullifies protections under s. 156.25.
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156.29 Effect on construction of will, contracts, and statutes. (1) No
provision in a contract, will, or other agreement, whether written or oral, that would
determine whether an individual may make or rescind a request under this chapter
is valid.
(2) No obligation owing under any existing contract may be conditioned or
affected by an individual's act of making or rescinding a request under this chapter.
(3) It is unlawful for an insurer to deny or alter health care benefits otherwise
available to an individual with a terminal disease based on the availability of
medical aid in dying or to otherwise attempt to coerce an individual with a terminal
disease to make a request for medical aid-in-dying medication.
156.31 Insurance or annuity policies. (1) Neither the sale, procurement,
or issuance of a life, health, or accident insurance policy or an annuity policy nor the
rate charged for such a policy may be conditioned upon or affected by an individual's
act of making or rescinding a request for medication under this chapter.
(2) A qualified individual's act of self-administering medication under this
chapter does not invalidate any part of a life, health, or accident insurance policy or
an annuity policy.
(3) An insurance plan, including the Medical Assistance program under subch.
IV of ch. 49, may not deny or alter benefits to an individual with a terminal disease
who is a covered beneficiary of an insurance plan based on the availability of medical
aid in dying, the individual's request for medication under this chapter, or the
absence of a request for medication under this chapter. Failure to meet this
requirement shall constitute a violation of the insurance code of this state.
156.33 Death certificate. (1) Unless otherwise prohibited by law, an
attending provider or a hospice medical director may sign the death certificate of a
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qualified individual who obtained and self-administered a prescription for
medication under this chapter.
(2) When a death has occurred in accordance with this chapter, the death shall
be attributed to the underlying terminal disease.
(3) A death following self-administering medication under this chapter does
not alone constitute grounds for post-mortem inquiry.
(4) A death in accordance with this chapter may not be designated as suicide
or homicide.
(5) A qualified individual's act of self-administering medication prescribed
under this chapter may not be indicated on the individual's death certificate.
(6) A coroner may conduct a preliminary investigation to determine whether
an individual received a prescription for medication under this chapter.
156.35 Liabilities and penalties. (1) Intentionally or knowingly altering
or forging an individual's request for medication under this chapter or concealing or
destroying a rescission of a request for medication under this chapter is a Class F
felony.
(2) Intentionally or knowingly exercising coercion or undue influence on an
individual with a terminal disease to request or use medication under this chapter
is a Class F felony.
(3) Nothing in this chapter limits civil liability nor damages arising from
negligent conduct or intentional misconduct, including failure to obtain informed
consent by any person, provider, or health care facility.
(4) The penalties specified in this chapter do not preclude criminal penalties
applicable under other laws for conduct inconsistent with this chapter.
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(5) For purposes of this chapter, “intentionally” has the meaning given under
s. 939.23.
156.37 Claims by governmental entity for costs incurred. Any
governmental entity that incurs costs resulting from self-administration of
medication prescribed under this chapter in a public place has a claim against the
estate of the qualified individual to recover those costs and, notwithstanding s.
814.04 (1), reasonable attorney fees and costs incurred in enforcing the claim.
156.39 Construction. (1) Nothing in this chapter authorizes a provider or
any other person, including a qualified individual, to end the qualified individual's
life by intravenous or other parenteral injection or infusion, mercy killing, homicide,
murder, manslaughter, euthanasia, or any other criminal act.
(2) Actions taken in accordance with this chapter do not, for any purposes,
constitute suicide, assisted suicide, euthanasia, mercy killing, homicide, murder,
manslaughter, elder abuse or neglect, or any other civil or criminal violation under
the law.
SECTION 2. 979.01 (1j) of the statutes is created to read:
979.01 (1j) Subsection (1) does not apply to a death that results from taking
medication under a fulfilled request for medication that meets the requirements of
ch. 156.
SECTION 3.0Nonstatutory provisions.
(1) No later than 45 days after the effective date of this subsection, the
department of health services shall create the checklist form and the follow-up form
required under s. 156.27 (1).
SECTION 4.0Effective date.
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(1) This act takes effect on the first day of the 7th month beginning after
publication.
(END)
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