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LRB-2528/1
SWB:ahe
2019 - 2020 LEGISLATURE
May 24, 2019 - Introduced by Representatives Snyder, Skowronski, Brostoff,
Anderson, Dittrich, Duchow, Edming, Katsma, Kulp, B. Meyers, Milroy,
Murphy, Mursau, Novak, Oldenburg, Petryk, Ramthun, Subeck, Tauchen,
VanderMeer and Vruwink, cosponsored by Senators Petrowski, Bewley,
Carpenter, Erpenbach, Marklein, Ringhand, Risser, Smith, L. Taylor and
Wanggaard. Referred to Committee on Aging and Long-Term Care.
AB242,1,4 1An Act to repeal 15.197 (22m) and 146.695 (1) (a), (2), (3) and (5); to
2consolidate, renumber and amend
146.695 (1) (intro.) and (b); and to create
315.197 (22m) and 146.695 of the statutes; relating to: establishing a Palliative
4Care Council.
Analysis by the Legislative Reference Bureau
This bill establishes a Palliative Care Council within the Department of Health
Services. Under the bill, DHS is required to establish a statewide palliative care
consumer and professional information and education program and must make
available on its Internet site information and resources regarding palliative care.
The bill requires the council to consult with and advise DHS on matters related to
the establishment, maintenance, operation, and outcome evaluation of the program
established by DHS. The council must also consult with and advise DHS regarding
1) the impact palliative care has on families and the experiences of families that have
used or had a family member use palliative care services; 2) establishing a system
for identifying patients or residents who could benefit from palliative care and
determining how to provide information about and facilitate access to appropriate
palliative care services for patients or residents with serious illnesses; and 3) any
other issues relating to palliative care arising through meetings or discussions, as
the council determines appropriate, but not including physician-assisted suicide.
The bill also requires the council to submit biennial reports providing its analysis
regarding certain issues relating to palliative care, including the availability of
palliative care, barriers to greater access to such care, and the impact of palliative

care on families that have experience with palliative care services. The council and
DHS program sunset effective July 1, 2024.
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:
AB242,1 1Section 1. 15.197 (22m) of the statutes is created to read:
AB242,2,42 15.197 (22m) Palliative care council. (a) There is created in the department
3of health services a palliative care council. The council shall consist of the following
4members:
AB242,2,75 1. Not more than 20 members appointed, except as otherwise provided in this
6subdivision, by the secretary of health services to serve for terms ending July 1, 2024,
7including all of the following:
AB242,2,108 a. Three physician members, including one who is board certified in hospice
9and palliative care, one who is board certified in pediatric palliative care, and one
10anesthesiologist.
AB242,2,1211 b. Two palliative care practitioners, one of whom must be an advanced practice
12registered nurse who is board certified in palliative care.
AB242,2,1413 c. Four health care professionals, including a nurse, a social worker, a
14pharmacist, and a spiritual care professional.
AB242,2,1715 d. Three patient advocates from established patient advocacy groups,
16including one who has experience advocating for the rights of patients with
17disabilities.
AB242,2,1918 e. One representative from the University of Wisconsin School of Medicine and
19Public Health with an interest in palliative care.
AB242,3,2
1f. One representative from the Medical College of Wisconsin with expertise in
2palliative care.
AB242,3,43 g. One representative from the department of health services with expertise
4in palliative care.
AB242,3,65 h. One representative to the assembly appointed by the speaker of the
6assembly.
AB242,3,87 i. One representative to the assembly appointed by the minority leader of the
8assembly.
AB242,3,99 j. One senator appointed by the president of the senate.
AB242,3,1010 k. One senator appointed by the minority leader of the senate.
AB242,3,1111 L. One member who serves in hospital administration.
AB242,3,1412 2. One medical student appointed by the secretary of health services for a
13one-year term who is a student specializing in palliative care at the University of
14Wisconsin School of Medicine and Public Health or the Medical College of Wisconsin.
AB242,3,1915 (b) Any member of the council appointed under par. (a) 1. who meets the
16required qualifications for more than one category of appointees under par. (a) 1. a.
17to L. may be appointed to serve as a member fulfilling the requirements for a council
18member in some or all of those categories, as determined by the secretary of health
19services.
AB242,3,2020 (c) The council shall meet at least twice each year.
AB242,3,2521 (d) When possible, the council shall seek and the secretary shall appoint
22members who represent the various geographic areas of the state and ensure
23statewide representation on the council. The council shall, as often as possible, hold
24its meetings in different geographic areas of the state, both rural and urban, to better
25learn about and aid in palliative care access and quality in all communities.
AB242,2
1Section 2. 15.197 (22m) of the statutes, as created by 2019 Wisconsin Act ....
2(this act), is repealed.
AB242,3 3Section 3. 146.695 of the statutes is created to read:
AB242,4,4 4146.695 Palliative care. (1) In this section:
AB242,4,55 (a) “Council” means the palliative care council.
AB242,4,66 (b) “Palliative care” has the meaning given in s. 50.90 (3).
AB242,4,8 7(2) The council shall consult with and advise the department on all of the
8following:
AB242,4,119 (a) Matters related to the establishment, maintenance, operation, and outcome
10evaluation of the palliative care consumer and professional information and
11education program established under this section.
AB242,4,1412 (b) Understanding and evaluating the impact palliative care has on families
13and the experiences of families that have used or had a family member use palliative
14care services.
AB242,4,1815 (c) Establishing a system to identify patients or residents who could benefit
16from palliative care and determining how to provide information about and facilitate
17access to appropriate palliative care services for patients or residents with serious
18illnesses.
AB242,4,2119 (d) Any other issues relating to palliative care that arise through council
20meetings or other discussions, as determined appropriate by the council, but not
21including physician-assisted suicide.
AB242,5,2 22(3) The department, in consultation with the council, shall establish a
23statewide palliative care consumer and professional information and education
24program to ensure that comprehensive and accurate information and education

1about palliative care are available to the public, health care providers, and health
2care facilities.
AB242,5,5 3(4) The department shall make available electronically on its Internet site
4information and resources regarding palliative care, including all of the following
5items:
AB242,5,66 (a) Links to external resources regarding palliative care.
AB242,5,77 (b) Continuing education opportunities for health care providers.
AB242,5,98 (c) Information about palliative care delivery in the home, primary, secondary,
9and tertiary environments.
AB242,5,1110 (d) Consumer educational materials regarding palliative care, including
11hospice care.
AB242,5,14 12(5) Beginning January 1, 2022, and biennially thereafter, the council shall
13submit a report to the appropriate standing committees of the legislature providing
14the council's analysis on the following issues:
AB242,5,1615 (a) The availability of palliative care in this state for patients in the early stages
16of serious disease.
AB242,5,1717 (b) Barriers to greater access to palliative care.
AB242,5,1918 (c) The impact of palliative care on families that have experience with palliative
19care services.
AB242,5,2220 (d) Any other issues relating to palliative care that arise through council
21meetings or other discussions, as determined by the council, but not including
22physician-assisted suicide.
AB242,5,24 23(6) Nothing in this section may be construed to create a cause of action or create
24a standard of care, obligation, or duty that provides a basis for a cause of action.
AB242,4
1Section 4. 146.695 (1) (intro.) and (b) of the statutes, as created by 2019
2Wisconsin Act .... (this act), are consolidated, renumbered 146.695 (1) and amended
3to read:
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