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Wisconsin Senate Bill SB39

Wisconsin 2025-2026 Regular Session

Wisconsin Senate Bill SB39 Compare Versions

Only one version of the bill is available at this time.
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11 2025 - 2026 LEGISLATURE
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44 2025 SENATE BILL 39
55 February 12, 2025 - Introduced by Senators JAMES, WANGGAARD, CARPENTER,
66 DASSLER-ALFHEIM, FEYEN, RATCLIFF, ROYS and SPREITZER, cosponsored by
77 Representatives SNYDER, SPIROS, BARE, DITTRICH, JOHNSON, KREIBICH,
88 MAYADEV, MCCARVILLE, O'CONNOR, ROE, STROUD, SUBECK, VINING, UDELL
99 and STUBBS. Referred to Committee on Health.
1010 AN ACT to create 15.197 (22m) and 146.695 of the statutes; relating to:
1111 establishment of a Palliative Care Council.
1212 Analysis by the Legislative Reference Bureau
1313 This bill establishes within the Department of Health Services a Palliative
1414 Care Council, which includes as members a statewide group of medical and clinical
1515 professionals with expertise in the provision of palliative care services, as well as
1616 patients or family members of patients who have experience receiving palliative
1717 care services, to advise DHS about palliative care issues.
1818 The bill requires the council to consult with and advise DHS regarding 1)
1919 outcome evaluation of established palliative care programs; 2) the economic and
2020 quality of life effectiveness of palliative care that is provided along with curative
2121 treatment; 3) the mechanisms for and adequacy of reimbursement for palliative
2222 care services; and 4) any other issues relating to palliative care arising through
2323 meetings or discussions, as the council determines appropriate. The bill provides
2424 that the council may not consult with or advise DHS on physician-assisted suicide,
2525 euthanasia, medical aid in dying, or any other act that would condone, authorize,
2626 approve, or permit any affirmative or deliberate act to end life other than the
2727 withholding or withdrawing of health care under an advance directive or power of
2828 attorney for health care so as to permit the natural process of dying. Under the bill,
2929 DHS must, in consultation with the council, establish a statewide palliative care
3030 consumer and professional information and education program to ensure that
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3636 comprehensive and accurate information and education about palliative care are
3737 available to the public, health care providers, and health care facilities. The bill
3838 provides that DHS must make certain information and resources regarding
3939 palliative care available on its website. Under the bill, the council must submit
4040 reports to the appropriate standing committees of the legislature providing its
4141 analysis on the issues of access to palliative care and the impact of palliative care on
4242 health care delivery systems in this state and on families that have experience with
4343 palliative care services.
4444 For further information see the state fiscal estimate, which will be printed as
4545 an appendix to this bill.
4646 The people of the state of Wisconsin, represented in senate and assembly, do
4747 enact as follows:
4848 SECTION 1. 15.197 (22m) of the statutes is created to read:
4949 15.197 (22m) PALLIATIVE CARE COUNCIL. (a) In this subsection, Xcommunity-
5050 based palliative care programY means a program in which palliative care is
5151 provided in a patient[s home or place of residence.
5252 (b) There is created in the department of health services a palliative care
5353 council. The council shall consist of not more than 22 members appointed, except as
5454 otherwise provided in this paragraph, by the secretary of health services to serve
5555 for 3-year terms, including all of the following:
5656 1. Five physician members, 3 of whom are palliative care physicians and 2 of
5757 whom are primary care physicians.
5858 2. Two advanced practice nurse prescribers certified under s. 441.16 (2) and
5959 certified in palliative care. One of the advanced practice nurse prescribers shall
6060 have provided direct patient care in a community-based palliative care program for
6161 at least 2 of the last 5 years. One of the advanced practice nurse prescribers shall
6262 have provided direct patient care in a hospital-based palliative care program for at
6363 least 2 of the last 5 years.
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8383 SECTION 1
8484 3. Two physician assistants who are licensed under subch. IX of ch. 448 and
8585 who are certified in palliative care or have provided palliative care for at least 2 of
8686 the last 5 years. One of the physician assistants shall have provided direct patient
8787 care in a community-based palliative care program for at least 2 of the last 5 years.
8888 One of the physician assistants shall have provided direct patient care in a hospital-
8989 based palliative care program for at least 2 of the last 5 years.
9090 4. Three health care professionals, including a nurse, a social worker, and a
9191 spiritual care professional.
9292 5. Two patients or family members of patients who have experience receiving
9393 palliative care services.
9494 6. Two nonclinical health care leaders with experience operating community-
9595 based palliative care programs.
9696 7. One representative from a health care insurance company who has
9797 experience making decisions about reimbursement for palliative care services.
9898 8. One representative from the department of health services who works on
9999 issues relating to aging and long-term care.
100100 9. One representative to the assembly appointed by the speaker of the
101101 assembly.
102102 10. One representative to the assembly appointed by the minority leader of
103103 the assembly.
104104 11. One senator appointed by the president of the senate.
105105 12. One senator appointed by the minority leader of the senate.
106106 (c) A member appointed under par. (b) 1. to 8. may not serve more than 2
107107 consecutive terms on the council.
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135135 SECTION 1
136136 (d) Any member of the council appointed under par. (b) 1. to 8. who meets the
137137 required qualifications for more than one category of appointees may be appointed
138138 to serve as a member fulfilling the requirements for a council member in some or all
139139 of those categories, as determined by the secretary of health services.
140140 (e) The council shall meet at least twice each year.
141141 (f) When possible, the council shall seek and the secretary of health services
142142 shall appoint members who represent the various geographic areas of the state and
143143 the council and the secretary of health services shall ensure statewide
144144 representation on the council. The council shall, as often as possible, hold its
145145 meetings in different geographic areas of the state, both rural and urban, to better
146146 learn about and aid in palliative care access and quality in all communities.
147147 SECTION 2. 146.695 of the statutes is created to read:
148148 146.695 Palliative care. (1) In this section, XcouncilY means the palliative
149149 care council.
150150 (2) (a) The council shall consult with and advise the department on all of the
151151 following:
152152 1. Outcome evaluation of established palliative care programs.
153153 2. The economic and quality of life effectiveness of palliative care that is
154154 provided along with curative treatment.
155155 3. The mechanisms for and adequacy of reimbursement for palliative care
156156 services.
157157 4. Any other issues relating to palliative care arising through meetings or
158158 discussions, as the council determines appropriate.
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185185 SECTION 2
186186 (b) The council may not consult with or advise the department on physician-
187187 assisted suicide, euthanasia, medical aid in dying, or any other act that would
188188 condone, authorize, approve, or permit any affirmative or deliberate act to end life
189189 other than the withholding or withdrawing of health care under an advance
190190 directive or power of attorney for health care so as to permit the natural process of
191191 dying.
192192 (3) The department shall, in consultation with the council and subject to the
193193 limitations in sub. (2) (b), establish a statewide palliative care consumer and
194194 professional information and education program to ensure that comprehensive and
195195 accurate information and education about palliative care are available to the public,
196196 health care providers, and health care facilities.
197197 (4) The department shall make available electronically on its website
198198 information and resources regarding palliative care, including all of the following
199199 items:
200200 (a) Links to external resources regarding palliative care.
201201 (b) Continuing education opportunities for health care providers.
202202 (c) Information about palliative care programs.
203203 (d) Consumer educational materials regarding palliative care.
204204 (5) One year after the first meeting of the council, then on the 3rd January 1
205205 after the first meeting of the council, and thereafter biennially no later than
206206 January 1, the council shall submit a report to the appropriate standing
207207 committees of the legislature under s. 13.172 (3) providing the council[s analysis on
208208 all of the following issues:
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235235 SECTION 2
236236 (a) Access to palliative care.
237237 (b) The impact of palliative care on health care delivery systems in this state
238238 and on families that have experience with palliative care services.
239239 (6) Nothing in this section may be construed to create a cause of action or
240240 create a standard of care, obligation, or duty that provides a basis for a cause of
241241 action.
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