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LRB-0924/1
SWB:emw
2017 - 2018 LEGISLATURE
October 19, 2017 - Introduced by Representatives Hebl, Loudenbeck, Anderson,
Berceau, Considine, Crowley, Gannon, Hesselbein, Kolste, Macco, Mason,
Mursau, Ohnstad, Pope, Sinicki, Spiros, Spreitzer, Steffen, Subeck, C.
Taylor
and Vruwink, cosponsored by Senator Carpenter. Referred to
Committee on Health.
AB560,1,5 1An Act to amend 154.19 (2) (b) 2., 154.19 (3) (b) 2., 154.21 (1) (a), (b) and (c),
2154.225 (2) (a), (b) and (c), 154.25 (1), 154.29 (1) and 154.29 (2); and to create
3154.17 (1m), 154.19 (2) (b) 1m., 154.25 (6d) and 154.28 of the statutes; relating
4to:
allowing do-not-resuscitate necklaces or pendants and requiring the
5exercise of rule-making authority.
Analysis by the Legislative Reference Bureau
This bill adds do-not-resuscitate necklaces or pendants that meet certain
requirements to the types of standardized do-not-resuscitate jewelry that a person
may wear to signify that the person is a qualified patient who has obtained a
do-not-resuscitate order from a physician and that the order has not been revoked.
Under current law, the only type of do-not-resuscitate jewelry allowed for qualifying
patients is a do-not-resuscitate bracelet meeting certain criteria.
The bill also requires the Department of Health Services to establish rules for
a uniform standard for the size, color, and design of all do-not-resuscitate necklaces
and pendants, but as under current law for do-not-resuscitate bracelets, the
department may also approve a do-not-resuscitate necklace or pendant developed
and distributed by a commercial vendor if certain requirements are met.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB560,1
1Section 1. 154.17 (1m) of the statutes is created to read:
AB560,2,72 154.17 (1m) “Do-not-resuscitate necklace or pendant" means a standardized
3identification necklace or pendant that meets the specifications established under
4s. 154.28 (1), or that is approved by the department under s. 154.28 (2), that bears
5the inscription “Do Not Resuscitate" and signifies that the wearer is a qualified
6patient who has obtained a do-not-resuscitate order and that the order has not been
7revoked.
AB560,2 8Section 2. 154.19 (2) (b) 1m. of the statutes is created to read:
AB560,2,109 154.19 (2) (b) 1m. Place around the neck of the patient a do-not-resuscitate
10necklace or pendant that meets the specifications established under s. 154.28 (1).
AB560,3 11Section 3. 154.19 (2) (b) 2. of the statutes is amended to read:
AB560,2,1512 154.19 (2) (b) 2. Provide an order form from a commercial vendor approved by
13the department under s. 154.27 (2) or 154.28 (2) to permit the patient to order a
14do-not-resuscitate bracelet or a do-not-resuscitate necklace or pendant from the
15commercial vendor.
AB560,4 16Section 4. 154.19 (3) (b) 2. of the statutes is amended to read:
AB560,2,1817 154.19 (3) (b) 2. The do-not-resuscitate bracelet or do-not-resuscitate
18necklace or pendant
appears to have been tampered with or removed.
AB560,5 19Section 5. 154.21 (1) (a), (b) and (c) of the statutes are amended to read:
AB560,2,2520 154.21 (1) (a) The patient expresses to an emergency medical technician, first
21responder or to a person who serves as a member of an emergency health care
22facility's personnel the desire to be resuscitated. The emergency medical technician,
23first responder or the member of the emergency health care facility shall promptly
24remove the do-not-resuscitate bracelet or the do-not-resuscitate necklace or
25pendant
.
AB560,3,2
1(b) The patient defaces, burns, cuts or otherwise destroys the
2do-not-resuscitate bracelet or the do-not-resuscitate necklace or pendant.
AB560,3,63 (c) The patient removes the do-not-resuscitate bracelet or the
4do-not-resuscitate necklace or pendant
or another person, at the patient's request,
5removes the do-not-resuscitate bracelet or the do-not-resuscitate necklace or
6pendant
.
AB560,6 7Section 6. 154.225 (2) (a), (b) and (c) of the statutes are amended to read:
AB560,3,138 154.225 (2) (a) The guardian or health care agent directs an emergency medical
9technician, first responder or a person who serves as a member of an emergency
10health care facility's personnel to resuscitate the patient. The emergency medical
11technician, first responder or the member of the emergency health care facility shall
12promptly remove the do-not-resuscitate bracelet or the do-not-resuscitate necklace
13or pendant
.
AB560,3,1514 (b) The guardian or health care agent defaces, burns, cuts or otherwise destroys
15the do-not-resuscitate bracelet or the do-not-resuscitate necklace or pendant.
AB560,3,1716 (c) The guardian or health care agent removes the do-not-resuscitate bracelet
17or the do-not-resuscitate necklace or pendant.
AB560,7 18Section 7. 154.25 (1) of the statutes is amended to read:
AB560,3,2319 154.25 (1) Suicide. Under this subchapter, the withholding or withdrawing of
20resuscitation from a patient wearing a valid do-not-resuscitate bracelet or
21do-not-resuscitate necklace or pendant
does not, for any purpose, constitute suicide.
22Requesting a do-not-resuscitate order under this subchapter does not, for any
23purpose, constitute attempted suicide.
AB560,8 24Section 8. 154.25 (6d) of the statutes is created to read:
AB560,4,6
1154.25 (6d) Valid do-not-resuscitate necklace or pendant. A
2do-not-resuscitate necklace or pendant that has not been removed, altered, or
3tampered with in any way shall be presumed valid, unless the patient, the patient's
4guardian, or the patient's health care agent expresses to the emergency medical
5technician, first responder, or emergency health care facility personnel the patient's
6desire to be resuscitated.
AB560,9 7Section 9. 154.28 of the statutes is created to read:
AB560,4,14 8154.28 Specifications and distribution of do-not-resuscitate necklace
9or pendant.
(1) The department shall establish by rule a uniform standard for the
10size, color, and design of all do-not-resuscitate necklaces or pendants. Except as
11provided in sub. (2), the rules shall require that the do-not-resuscitate necklaces or
12pendants include the inscription “Do Not Resuscitate"; the name, address, date of
13birth, and gender of the patient; and the name, business telephone number, and
14signature of the attending physician issuing the order.
AB560,4,22 15(2) The department may approve a do-not-resuscitate necklace or pendant
16developed and distributed by a commercial vendor if the necklace or pendant
17contains an emblem that displays an internationally recognized medical symbol on
18the front and the words “Wisconsin Do-Not-Resuscitate-EMS" and the qualified
19patient's first and last name on the back. The department may not approve a
20do-not-resuscitate necklace or pendant developed and distributed by a commercial
21vendor if the vendor does not require a doctor's order for the necklace or pendant
22prior to distributing it to a patient.
AB560,10 23Section 10. 154.29 (1) of the statutes is amended to read:
AB560,5,224 154.29 (1) Any person who willfully conceals, defaces or damages the
25do-not-resuscitate bracelet or the do-not-resuscitate necklace or pendant of

1another person without that person's consent may be fined not more than $500 or
2imprisoned for not more than 30 days or both.
AB560,11 3Section 11. 154.29 (2) of the statutes is amended to read:
AB560,5,94 154.29 (2) Any person who, with the intent to cause the withholding or
5withdrawal of resuscitation contrary to the wishes of any patient, falsifies, forges or
6transfers a do-not-resuscitate bracelet or a do-not-resuscitate necklace or pendant
7to that patient or conceals the revocation under s. 154.21 of a do-not-resuscitate
8order or any responsible person who withholds personal knowledge of a revocation
9under s. 154.21 is guilty of a Class F felony.
AB560,5,1010 (End)
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