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AB1078,13,11 6156.17 Referral for confirmation that the requesting individual is
7mentally capable. (1)
If either an attending provider or a consulting provider is
8unable to confirm that an individual making a request for medication under this
9chapter is capable of making an informed decision, the attending provider or the
10consulting provider shall refer the individual to a licensed mental health care
11provider for determination regarding mental capability.
AB1078,13,14 12(2) The licensed mental health care provider who evaluates the individual
13under this section shall submit to the requesting attending provider or consulting
14provider a written determination of whether the individual is mentally capable.
AB1078,13,18 15(3) If the licensed mental health care provider determines that the individual
16is not mentally capable, the individual may not be deemed a qualified individual and
17the attending provider may not prescribe medication to the individual under this
18chapter.
AB1078,13,22 19156.19 Safe disposal of unused medications. A person who has custody or
20control of medication prescribed under this chapter after a qualified individual's
21death shall dispose of the medication by lawful means in accordance with state and
22federal guidelines.
AB1078,14,3 23156.21 No duty to provide medical aid in dying. (1) A provider shall
24provide sufficient information to an individual with a terminal disease regarding
25available options, the alternatives, and the foreseeable risks and benefits of each

1option so that the individual is able to make informed decisions regarding his or her
2end-of-life health care, but a provider may choose whether or not to practice medical
3aid in dying under this chapter.
AB1078,14,5 4(2) If a provider is unable or unwilling to fulfill an individual's request for
5medication under this chapter, the provider shall do all of the following:
AB1078,14,76 (a) Document the date of the individual's request in the individual's medical
7record.
AB1078,14,98 (b) Upon request, transfer the individual's medical records to the new provider,
9consistent with federal and state law.
AB1078,14,13 10(3) A provider may not engage in false, misleading, or deceptive practices
11relating to a willingness to qualify an individual or provide a prescription to a
12qualified individual under this chapter. Intentionally misleading an individual
13constitutes coercion.
AB1078,14,20 14156.23 Health care facility permissible prohibitions and duties. (1) A
15health care facility may prohibit providers from qualifying, prescribing, or
16dispensing medication under this chapter while performing duties for the facility.
17A prohibiting facility must provide express advance notice in writing at the time of
18hiring, contracting with, or privileging providers and staff, and on a yearly basis
19thereafter. A health care facility that fails to provide advance notice in writing
20waives the right to enforce the prohibition or prohibitions.
AB1078,14,25 21(2) If an individual who is a patient at a prohibiting health care facility and has
22made a request concerning medical aid in dying wishes to transfer care to another
23health care facility, the prohibiting facility shall coordinate a timely transfer,
24including transfer of the individual's medical records that include notation of the
25date the individual first made a request concerning medical aid in dying.
AB1078,15,3
1(3) No health care facility may prohibit a provider from doing any of the
2following in fulfilling the requirements of informed consent and meeting the medical
3of standard of care:
AB1078,15,64 (a) Providing information to an individual regarding the individual's health
5status, including diagnosis, prognosis, recommended treatment, treatment
6alternatives, and any potential risks to the individual's health.
AB1078,15,127 (b) Providing information about available services, relevant community
8resources, and how to access those resources to obtain the care of the individual's
9choice. Providing information about available services, including health care
10services available under this chapter, information about relevant community
11resources, and information about how to access those resources to obtain the care of
12the individual's choice.
AB1078,15,1513 (c) Prescribing medication under this chapter for a qualified individual outside
14the scope of the provider's employment or contract with the prohibiting facility and
15off the premises of the prohibiting facility.
AB1078,15,1916 (d) Being present when a qualified individual self-administers medication
17prescribed under this chapter or at the time of death, if requested by the qualified
18individual or his or her representative and outside the scope of the provider's
19employment or contractual duties with the prohibiting facility.
AB1078,16,3 20(4) A health care facility may not engage in false, misleading, or deceptive
21practices relating to its policy regarding end-of-life care services, including whether
22it has a policy that prohibits affiliated providers from determining an individual's
23qualification for medical aid in dying or writing a prescription for a qualified
24individual under this chapter, or intentionally denying an individual access to
25medication under this chapter by failing to transfer an individual and the

1individual's medical records to another provider in a timely manner. Intentionally
2misleading an individual or deploying misinformation to obstruct access to services
3under this chapter constitutes coercion or undue influence.
AB1078,16,8 4(5) If any part of this chapter is found to be in conflict with federal requirements
5that are a prescribed condition to receipt of federal funds, the conflicting part of this
6chapter is inoperative solely to the extent of the conflict with respect to the facility
7directly affected, and such finding or determination does not affect the operation of
8the remainder of the chapter.
AB1078,16,13 9156.25 Immunities for actions in good faith; prohibition against
10reprisals
. (1) No person or health care facility shall be subject to civil or criminal
11liability or professional disciplinary action, including censure, suspension, loss of
12license, loss of privileges, loss of membership, or any other penalty, for engaging in
13good faith compliance with this chapter.
AB1078,16,19 14(2) No provider, health care facility, professional organization, or association
15shall subject a provider to discharge, demotion, censure, discipline, suspension, loss
16of license, loss of privileges, loss of membership, discrimination, or any other penalty
17for providing medical aid in dying in accordance with the medical standard of care
18and in good faith under this chapter, except if a provider acts in violation of a health
19care facility's valid prohibition or prohibitions as set forth under s. 156.23.
AB1078,17,2 20(3) No provider, health care facility, professional organization, or association
21shall subject a provider to discharge, demotion, censure, discipline, suspension, loss
22of license, loss of privileges, loss of membership, discrimination, or any other penalty
23for providing medical aid in dying in accordance with the medical standard of care
24and in good faith under this chapter while engaged in the outside practice of medicine

1and off the facility premises or for providing scientific and accurate information
2about medical aid in dying to an individual when discussing end-of-life care options.
AB1078,17,9 3(4) An individual is not subject to civil or criminal liability or professional
4discipline if, at the request of a qualified individual, the individual is present outside
5the scope of the individual's employment contract and off the facility premises when
6the qualified individual self-administers medication under this chapter or at the
7time of death. An individual who is present may, without civil or criminal liability,
8assist the qualified individual by preparing the medication prescribed under this
9chapter.
AB1078,17,12 10(5) A request by an individual for and the provision of medication under this
11chapter alone does not constitute neglect or elder abuse for any purpose of law, nor
12shall it be the sole basis for appointment of a guardian or conservator.
AB1078,17,14 13(6) This chapter does not limit civil liability for intentional or negligent
14misconduct.
AB1078,17,18 15156.27 Reporting requirements. (1) The department shall create a
16checklist form and a follow up form for attending providers to facilitate collection of
17the information described in this chapter and post these forms to the department's
18Internet site.
AB1078,17,21 19(2) Within 30 calendar days of providing a prescription for medication under
20this chapter, an attending provider shall submit to the department a completed
21checklist form, as provided under sub. (1), with all of the following information:
AB1078,17,2222 (a) The qualified individual's name and date of birth.
AB1078,17,2323 (b) The qualified individual's terminal diagnosis and prognosis.
AB1078,17,2424 (c) Notice that the requirements under this chapter have been completed.
AB1078,17,2525 (d) Notice that medication has been prescribed under this chapter.
AB1078,18,4
1(3) Within 60 calendar days of notification of a qualified individual's death from
2self-administration of medication prescribed under this chapter, the attending
3provider shall submit to the department a follow up form, as provided under sub. (1),
4with all of the following information:
AB1078,18,55 (a) The qualified individual's name and date of birth.
AB1078,18,66 (b) The date of the qualified individual's death.
AB1078,18,87 (c) A notation of whether or not the qualified individual was enrolled in hospice
8services at the time of the qualified individual's death.
AB1078,18,12 9(4) The department shall annually review a sample of records related to
10requests under this chapter to ensure compliance and issue a public statistical report
11of nonidentifying information. The report shall be limited to the following statistical
12information:
AB1078,18,1313 (a) The number of prescriptions for medication written under this chapter.
AB1078,18,1514 (b) The number of providers who wrote prescriptions for medication under this
15chapter.
AB1078,18,1716 (c) The number of qualified individuals who died following self-administration
17of medication prescribed and dispensed under this chapter.
AB1078,18,20 18(5) Except as otherwise required by law, the information collected by the
19department that is related to requests under this chapter is not a public record and
20is not available for public inspection under s. 19.35.
AB1078,18,22 21(6) Willful failure or refusal to timely submit records required under this
22chapter nullifies protections under s. 156.25.
AB1078,19,2 23156.29 Effect on construction of will, contracts, and statutes. (1) No
24provision in a contract, will, or other agreement, whether written or oral, that would

1determine whether an individual may make or rescind a request under this chapter
2is valid.
AB1078,19,4 3(2) No obligation owing under any existing contract may be conditioned or
4affected by an individual's act of making or rescinding a request under this chapter.
AB1078,19,8 5(3) It is unlawful for an insurer to deny or alter health care benefits otherwise
6available to an individual with a terminal disease based on the availability of
7medical aid in dying or to otherwise attempt to coerce an individual with a terminal
8disease to make a request for medical aid-in-dying medication.
AB1078,19,12 9156.31 Insurance or annuity policies. (1) The sale, procurement, or
10issuance of a life, health, or accident insurance policy, or an annuity policy, or the rate
11charged for a policy may not be conditioned upon or affected by an individual's act
12of making or rescinding a request for medication under this chapter.
AB1078,19,15 13(2) A qualified individual's act of self-administering medication under this
14chapter does not invalidate any part of a life, health, or accident insurance policy, or
15an annuity policy.
AB1078,19,21 16(3) An insurance plan, including the Medical Assistance program under subch.
17IV of ch. 49, may not deny or alter benefits to an individual with a terminal disease
18who is a covered beneficiary of an insurance plan based on the availability of medical
19aid in dying, the individual's request for medication under this chapter, or the
20absence of a request for medication under this chapter. Failure to meet this
21requirement shall constitute a violation of the insurance code of this state.
AB1078,19,25 22156.33 Death certificate. (1) Unless otherwise prohibited by law, an
23attending provider or a hospice medical director may sign the death certificate of a
24qualified individual who obtained and self-administered a prescription for
25medication under this chapter.
AB1078,20,2
1(2) When a death has occurred in accordance with this chapter, the death shall
2be attributed to the underlying terminal disease.
AB1078,20,4 3(3) A death following self-administering medication under this chapter does
4not alone constitute grounds for post-mortem inquiry.
AB1078,20,6 5(4) A death in accordance with this chapter may not be designated as suicide
6or homicide.
AB1078,20,8 7(5) A qualified individual's act of self-administering medication prescribed
8under this chapter may not be indicated on the individual's death certificate.
AB1078,20,10 9(6) A coroner may conduct a preliminary investigation to determine whether
10an individual received a prescription for medication under this chapter.
AB1078,20,14 11156.35 Liabilities and penalties. (1) Intentionally or knowingly altering
12or forging an individual's request for medication under this chapter or concealing or
13destroying a rescission of a request for medication under this chapter is a Class F
14felony.
AB1078,20,17 15(2) Intentionally or knowingly coercing or exerting undue influence on an
16individual with a terminal disease to request or use medication under this chapter
17is a Class F felony.
AB1078,20,20 18(3) Nothing in this chapter limits civil liability nor damages arising from
19negligent conduct or intentional misconduct, including failure to obtain informed
20consent by any person, provider, or health care facility.
AB1078,20,22 21(4) The penalties specified in this chapter do not preclude criminal penalties
22applicable under other laws for conduct inconsistent with this chapter.
AB1078,20,24 23(5) For purposes of this chapter, “intentionally” and “knowingly” have the
24meaning under s. 939.23.
AB1078,21,5
1156.37 Claims by governmental entity for costs incurred. Any
2governmental entity that incurs costs resulting from self-administration of
3medication prescribed under this chapter in a public place has a claim against the
4estate of the qualified individual to recover those costs and, notwithstanding s.
5814.04 (1), reasonable attorney fees and costs incurred in enforcing the claim.
AB1078,21,9 6156.39 Construction. (1) Nothing in this chapter authorizes a provider or
7any other person, including a qualified individual, to end the qualified individual's
8life by intravenous or other parenteral injection or infusion, mercy killing, homicide,
9murder, manslaughter, euthanasia, or any other criminal act.
AB1078,21,13 10(2) Actions taken in accordance with this chapter do not, for any purposes,
11constitute suicide, assisted suicide, euthanasia, mercy killing, homicide, murder,
12manslaughter, elder abuse or neglect, or any other civil or criminal violation under
13the law.
AB1078,2 14Section 2 . 979.01 (1j) of the statutes is created to read:
AB1078,21,1715 979.01 (1j) Subsection (1) does not apply to a death that results from taking
16medication under a fulfilled request for medication that meets the requirements of
17ch. 156.
AB1078,3 18Section 3. Nonstatutory provisions.
AB1078,21,2119 (1) No later than 45 days after the effective date of this subsection, the
20department of health services shall create the checklist form and the follow up form
21required under s. 156.27 (1).
AB1078,4 22Section 4. Effective date.
AB1078,21,2423 (1) This act takes effect on April 1, 2022, or the first day of the first month
24beginning after publication, whichever is later.
AB1078,21,2525 (End)
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