Chapter 154

CHAPTER 154

ADVANCE DIRECTIVES

SUBCHAPTER I

DEFINITIONS

154.01   Definitions.

SUBCHAPTER II

DECLARATION TO HEALTH CARE PROFESSIONALS

154.02   Definitions.

154.03   Declaration to health care professionals.

154.05   Revocation of declaration.

154.07   Duties and immunities.

154.11   General provisions.

154.13   Filing declaration.

154.15   Penalties.

SUBCHAPTER III

DO-NOT-RESUSCITATE ORDERS

154.17   Definitions.

154.19   Do-not-resuscitate order.

154.21   Revocation of do-not-resuscitate order.

154.225   Guardians and health care agents.

154.23   Liability.

154.25   General provisions.

154.27   Specifications and distribution of do-not-resuscitate bracelet.

154.29   Penalties.

SUBCHAPTER IV

AUTHORIZATION FOR FINAL DISPOSITION

154.30   Control of final disposition of certain human remains.

subch. I of ch. 154 SUBCHAPTER I

DEFINITIONS

154.01 154.01 Definitions. In this chapter:

154.01(1g) (1g) “Advanced practice registered nurse” means a nurse licensed under ch. 441 who is currently certified by a national certifying body approved by the board of nursing as a nurse practitioner, certified nurse-midwife, certified registered nurse anesthetist, or clinical nurse specialist.

154.01(1r) (1r) “Attending health care professional” means a health care professional who has primary responsibility for the treatment and care of the patient.

154.01(2g) (2g) “Department” means the department of health services.

154.01(3) (3) “Health care professional” means any of the following:

154.01(3)(a) (a) A physician licensed under ch. 448.

154.01(3)(b) (b) A physician assistant.

154.01(3)(c) (c) An advanced practice registered nurse.

154.01(4) (4) “Inpatient health care facility” has the meaning provided under s. 50.135 (1) and includes community-based residential facilities, as defined in s. 50.01 (1g).

154.01(5) (5) “Life-sustaining procedure” means any medical procedure or intervention that, in the judgment of the attending health care professional, would serve only to prolong the dying process but not avert death when applied to a qualified patient. “Life-sustaining procedure” includes assistance in respiration, artificial maintenance of blood pressure and heart rate, blood transfusion, kidney dialysis and other similar procedures, but does not include:

154.01(5)(a) (a) The alleviation of pain by administering medication or by performing any medical procedure.

154.01(5)(b) (b) The provision of nutrition or hydration.

154.01(5m) (5m) “Persistent vegetative state” means a condition that reasonable medical judgment finds constitutes complete and irreversible loss of all of the functions of the cerebral cortex and results in a complete, chronic and irreversible cessation of all cognitive functioning and consciousness and a complete lack of behavioral responses that indicate cognitive functioning, although autonomic functions continue.

154.01(8) (8) “Terminal condition” means an incurable condition caused by injury or illness that reasonable medical judgment finds would cause death imminently, so that the application of life-sustaining procedures serves only to postpone the moment of death.

154.01 History History: 1983 a. 202; 1985 a. 199; 1987 a. 161 s. 13m; 1991 a. 84; 1993 a. 27; 1995 a. 27 s. 9126 (19); 1995 a. 168, 200; 2007 a. 20 s. 9121 (6) (a); 2019 a. 90, 100; 2021 a. 23; 2023 a. 81.

subch. II of ch. 154 SUBCHAPTER II

DECLARATION TO HEALTH CARE PROFESSIONALS

154.02 154.02 Definitions. In this subchapter:

154.02(1) (1) “Declaration” means a written, witnessed document voluntarily executed by the declarant under s. 154.03 (1), but is not limited in form or substance to that provided in s. 154.03 (2).

154.02(2) (2) “Feeding tube” means a medical tube through which nutrition or hydration is administered into the vein, stomach, nose, mouth or other body opening of a qualified patient.

154.02(3) (3) “Qualified patient” means a declarant who has been diagnosed and certified in writing to be afflicted with a terminal condition or to be in a persistent vegetative state by 2 health care professionals, one of whom is the attending health care professional and one of whom is a physician, who have personally examined the declarant.

154.02 History History: 1995 a. 200; 2019 a. 90.

154.03 154.03 Declaration to health care professionals.

154.03(1) (1) Any person of sound mind and 18 years of age or older may at any time voluntarily execute a declaration, which shall take effect on the date of execution, authorizing the withholding or withdrawal of life-sustaining procedures or of feeding tubes when the person is in a terminal condition or is in a persistent vegetative state. A declarant may not authorize the withholding or withdrawal of any medication, life-sustaining procedure or feeding tube if the declarant’s attending health care professional advises that, in his or her professional judgment, the withholding or withdrawal will cause the declarant pain or reduce the declarant’s comfort and the pain or discomfort cannot be alleviated through pain relief measures. A declarant may not authorize the withholding or withdrawal of nutrition or hydration that is administered or otherwise received by the declarant through means other than a feeding tube unless the declarant’s attending health care professional advises that, in his or her professional judgment, the administration is medically contraindicated. A declaration must be signed by the declarant in the presence of 2 witnesses. If the declarant is physically unable to sign a declaration, the declaration must be signed in the declarant’s name by one of the witnesses or some other person at the declarant’s express direction and in his or her presence; such a proxy signing shall either take place or be acknowledged by the declarant in the presence of 2 witnesses. The declarant is responsible for notifying his or her attending health care professional of the existence of the declaration. An attending health care professional who is so notified shall make the declaration a part of the declarant’s medical records. No witness to the execution of the declaration may, at the time of the execution, be any of the following:

154.03(1)(a) (a) Related to the declarant by blood, marriage or adoption.

154.03(1)(b) (b) Have knowledge that he or she is entitled to or has a claim on any portion of the declarant’s estate.

154.03(1)(c) (c) Directly financially responsible for the declarant’s health care.

154.03(1)(d) (d) An individual who is a health care provider, as defined in s. 155.01 (7), who is serving the declarant at the time of execution, an employee, other than a chaplain or a social worker, of the health care provider or an employee, other than a chaplain or a social worker, of an inpatient health care facility in which the declarant is a patient.

154.03(1)(e) (e) Under the age of 18.