SB739: Bill Text

SB739,,97 156.17 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.

SB739,,98 (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.

SB739,,99 (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.

SB739,,100 156.19 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.

SB739,,101 156.21 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.

SB739,,102 (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:

SB739,,103 (a) Document the date of the individual’s request in the individual’s medical record.

SB739,,104 (b) Upon the individual’s request, transfer the individual’s medical records to the new provider, consistent with federal and state law.

SB739,,105 (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.

SB739,,106 156.23 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.

SB739,,107 (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 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.

SB739,,108 (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:

SB739,,109 (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.

SB739,,110 (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.

SB739,,111 (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.

SB739,,112 (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.

SB739,,113 (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 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.

SB739,,114 (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.

SB739,,115 156.25 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.

SB739,,116 (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.

SB739,,117 (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 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.

SB739,,118 (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.

SB739,,119 (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.

SB739,,120 (6) This chapter does not limit civil liability for intentional or negligent misconduct.

SB739,,121 156.27 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.

SB739,,122 (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:

SB739,,123 (a) The qualified individual’s name and date of birth.

SB739,,124 (b) The qualified individual’s terminal diagnosis and prognosis.

SB739,,125 (c) Notice that the requirements under this chapter have been completed.

SB739,,126 (d) Notice that medication has been prescribed under this chapter.

SB739,,127 (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:

SB739,,128 (a) The qualified individual’s name and date of birth.

SB739,,129 (b) The date of the qualified individual’s death.

SB739,,130 (c) A notation of whether or not the qualified individual was enrolled in hospice services at the time of the qualified individual’s death.

SB739,,131 (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:

SB739,,132 (a) The number of prescriptions for medication written under this chapter.

SB739,,133 (b) The number of providers who wrote prescriptions for medication under this chapter.

SB739,,134 (c) The number of qualified individuals who died following self-administration of medication prescribed and dispensed under this chapter.

SB739,,135 (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.

SB739,,136 (6) Willful failure or refusal to timely submit records required under this chapter nullifies protections under s. 156.25.

SB739,,137 156.29 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.

SB739,,138 (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.

SB739,,139 (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.

SB739,,140 156.31 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.

SB739,,141 (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.

SB739,,142 (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.

SB739,,143 156.33 Death certificate. (1) Unless otherwise prohibited by law, an attending provider or a hospice medical director may sign the death certificate of a qualified individual who obtained and self-administered a prescription for medication under this chapter.

SB739,,144 (2) When a death has occurred in accordance with this chapter, the death shall be attributed to the underlying terminal disease.

SB739,,145 (3) A death following self-administering medication under this chapter does not alone constitute grounds for post-mortem inquiry.

SB739,,146 (4) A death in accordance with this chapter may not be designated as suicide or homicide.

SB739,,147 (5) A qualified individual’s act of self-administering medication prescribed under this chapter may not be indicated on the individual’s death certificate.

SB739,,148 (6) A coroner may conduct a preliminary investigation to determine whether an individual received a prescription for medication under this chapter.

SB739,,149 156.35 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.

SB739,,150 (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.

SB739,,151 (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.

SB739,,152 (4) The penalties specified in this chapter do not preclude criminal penalties applicable under other laws for conduct inconsistent with this chapter.

SB739,,153 (5) For purposes of this chapter, “intentionally” has the meaning given under s. 939.23.

SB739,,154 156.37 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.

SB739,,155 156.39 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.

SB739,,156 (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.

SB739,2 Section 2. 979.01 (1j) of the statutes is created to read:

SB739,,158 979.01 (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.

SB739,3 Section 3. Nonstatutory provisions.

SB739,,160 (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).

SB739,4 Section 4. Effective date.

SB739,,162 (1) This act takes effect on the first day of the 7th month beginning after publication.

SB739,,163 (end)