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AB781,17,11 5(4) An individual is not subject to civil or criminal liability or professional
6discipline if, at the request of a qualified individual, the individual is present outside
7the scope of the individual's employment contract and off the facility premises when
8the qualified individual self-administers medication under this chapter or at the
9time of death. An individual who is present may, without civil or criminal liability,
10assist the qualified individual by preparing the medication prescribed under this
11chapter.
AB781,17,14 12(5) A request by an individual for and the provision of medication under this
13chapter alone does not constitute neglect or elder abuse for any purpose of law, nor
14shall it be the sole basis for appointment of a guardian or conservator.
AB781,17,16 15(6) This chapter does not limit civil liability for intentional or negligent
16misconduct.
AB781,17,20 17156.27 Reporting requirements. (1) The department shall create a
18checklist form and a follow-up form for attending providers to facilitate collection of
19the information described in this chapter and post these forms to the department's
20Internet site.
AB781,17,23 21(2) Within 30 calendar days of providing a prescription for medication under
22this chapter, an attending provider shall submit to the department a completed
23checklist form, as provided under sub. (1), with all of the following information:
AB781,17,2424 (a) The qualified individual's name and date of birth.
AB781,17,2525 (b) The qualified individual's terminal diagnosis and prognosis.
AB781,18,1
1(c) Notice that the requirements under this chapter have been completed.
AB781,18,22 (d) Notice that medication has been prescribed under this chapter.
AB781,18,6 3(3) Within 60 calendar days of notification of a qualified individual's death from
4self-administration of medication prescribed under this chapter, the attending
5provider shall submit to the department a follow up form, as provided under sub. (1),
6with all of the following information:
AB781,18,77 (a) The qualified individual's name and date of birth.
AB781,18,88 (b) The date of the qualified individual's death.
AB781,18,109 (c) A notation of whether or not the qualified individual was enrolled in hospice
10services at the time of the qualified individual's death.
AB781,18,14 11(4) The department shall annually review a sample of records related to
12requests under this chapter to ensure compliance and issue a public statistical
13report. The report shall not include any identifying information and shall be limited
14to the following statistical information:
AB781,18,1515 (a) The number of prescriptions for medication written under this chapter.
AB781,18,1716 (b) The number of providers who wrote prescriptions for medication under this
17chapter.
AB781,18,1918 (c) The number of qualified individuals who died following self-administration
19of medication prescribed and dispensed under this chapter.
AB781,18,22 20(5) Except as otherwise required by law, the information collected by the
21department that is related to requests under this chapter is not a public record and
22is not available for public inspection under s. 19.35.
AB781,18,24 23(6) Willful failure or refusal to timely submit records required under this
24chapter nullifies protections under s. 156.25.
AB781,19,4
1156.29 Effect on construction of will, contracts, and statutes. (1) No
2provision in a contract, will, or other agreement, whether written or oral, that would
3determine whether an individual may make or rescind a request under this chapter
4is valid.
AB781,19,6 5(2) No obligation owing under any existing contract may be conditioned or
6affected by an individual's act of making or rescinding a request under this chapter.
AB781,19,10 7(3) It is unlawful for an insurer to deny or alter health care benefits otherwise
8available to an individual with a terminal disease based on the availability of
9medical aid in dying or to otherwise attempt to coerce an individual with a terminal
10disease to make a request for medical aid-in-dying medication.
AB781,19,14 11156.31 Insurance or annuity policies. (1) Neither the sale, procurement,
12or issuance of a life, health, or accident insurance policy or an annuity policy nor the
13rate charged for such a policy may be conditioned upon or affected by an individual's
14act of making or rescinding a request for medication under this chapter.
AB781,19,17 15(2) A qualified individual's act of self-administering medication under this
16chapter does not invalidate any part of a life, health, or accident insurance policy or
17an annuity policy.
AB781,19,23 18(3) An insurance plan, including the Medical Assistance program under subch.
19IV of ch. 49, may not deny or alter benefits to an individual with a terminal disease
20who is a covered beneficiary of an insurance plan based on the availability of medical
21aid in dying, the individual's request for medication under this chapter, or the
22absence of a request for medication under this chapter. Failure to meet this
23requirement shall constitute a violation of the insurance code of this state.
AB781,20,2 24156.33 Death certificate. (1) Unless otherwise prohibited by law, an
25attending provider or a hospice medical director may sign the death certificate of a

1qualified individual who obtained and self-administered a prescription for
2medication under this chapter.
AB781,20,4 3(2) When a death has occurred in accordance with this chapter, the death shall
4be attributed to the underlying terminal disease.
AB781,20,6 5(3) A death following self-administering medication under this chapter does
6not alone constitute grounds for post-mortem inquiry.
AB781,20,8 7(4) A death in accordance with this chapter may not be designated as suicide
8or homicide.
AB781,20,10 9(5) A qualified individual's act of self-administering medication prescribed
10under this chapter may not be indicated on the individual's death certificate.
AB781,20,12 11(6) A coroner may conduct a preliminary investigation to determine whether
12an individual received a prescription for medication under this chapter.
AB781,20,16 13156.35 Liabilities and penalties. (1) Intentionally or knowingly altering
14or forging an individual's request for medication under this chapter or concealing or
15destroying a rescission of a request for medication under this chapter is a Class F
16felony.
AB781,20,19 17(2) Intentionally or knowingly exercising coercion or undue influence on an
18individual with a terminal disease to request or use medication under this chapter
19is a Class F felony.
AB781,20,22 20(3) Nothing in this chapter limits civil liability nor damages arising from
21negligent conduct or intentional misconduct, including failure to obtain informed
22consent by any person, provider, or health care facility.
AB781,20,24 23(4) The penalties specified in this chapter do not preclude criminal penalties
24applicable under other laws for conduct inconsistent with this chapter.
AB781,21,2
1(5) For purposes of this chapter, “intentionally” has the meaning given under
2s. 939.23.
AB781,21,7 3156.37 Claims by governmental entity for costs incurred. Any
4governmental entity that incurs costs resulting from self-administration of
5medication prescribed under this chapter in a public place has a claim against the
6estate of the qualified individual to recover those costs and, notwithstanding s.
7814.04 (1), reasonable attorney fees and costs incurred in enforcing the claim.
AB781,21,11 8156.39 Construction. (1) Nothing in this chapter authorizes a provider or
9any other person, including a qualified individual, to end the qualified individual's
10life by intravenous or other parenteral injection or infusion, mercy killing, homicide,
11murder, manslaughter, euthanasia, or any other criminal act.
AB781,21,15 12(2) Actions taken in accordance with this chapter do not, for any purposes,
13constitute suicide, assisted suicide, euthanasia, mercy killing, homicide, murder,
14manslaughter, elder abuse or neglect, or any other civil or criminal violation under
15the law.
AB781,2 16Section 2 . 979.01 (1j) of the statutes is created to read:
AB781,21,1917 979.01 (1j) Subsection (1) does not apply to a death that results from taking
18medication under a fulfilled request for medication that meets the requirements of
19ch. 156.
AB781,3 20Section 3. Nonstatutory provisions.
AB781,21,2321 (1) No later than 45 days after the effective date of this subsection, the
22department of health services shall create the checklist form and the follow-up form
23required under s. 156.27 (1).
AB781,4 24Section 4. Effective date.
AB781,22,2
1(1) This act takes effect on the first day of the 7th month beginning after
2publication.
AB781,22,33 (End)
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