Date of enactment: February 5, 2020
2019 Assembly Bill 287   Date of publication*: February 6, 2020

* Section 991.11, Wisconsin Statutes: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication."

2019 WISCONSIN ACT 90

An Act to renumber 155.01 (1); to renumber and amend 154.01 (1), 154.01 (3) and 302.384; to amend 50.94 (8), 154.01 (5) (intro.), subchapter II (title) of chapter 154 [precedes 154.02], 154.02 (3), 154.03 (title), 154.03 (1) (intro.), 154.03 (2), 154.05 (1) (c), 154.05 (2), 154.07 (1) (a) (intro.), 154.07 (1) (a) 3., 154.07 (2), 154.19 (1) (intro.), 154.19 (1) (e), 154.19 (2) (a), 154.19 (2) (b) (intro.), 154.21 (2), 154.23 (intro.), 154.27 (1), 155.05 (2), 155.20 (4), 155.30 (1), 155.30 (3), 155.50 (1) (b), 165.77 (1) (a) and 441.07 (1g) (d) (intro.); and to create 154.01 (1g), 154.01 (3) (a), 154.01 (3) (b), 154.01 (3) (c), 155.01 (1g), 302.384 (1m) and 448.015 (4) (am) 2m. of the statutes; relating to: certifications for advance directives, findings of incapacity related to powers of attorney for health care, and determinations that a person is incapacitated for admission to a hospice.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

90,1s Section 1s. 50.94 (8) of the statutes is amended to read:

50.94 (8) A determination that a person is incapacitated may be made only by 2 physicians or by one physician and one licensed psychologist, as defined in s. 455.01 (4) advanced practice clinician, as defined in s. 155.01 (1g), who personally examine the person and sign a statement specifying that the person is incapacitated. Mere old age, eccentricity or physical disabilities, singly or together, are insufficient to determine that a person is incapacitated. Whoever determines that the person is incapacitated may not be a relative, as defined in s. 242.01 (11), of the person or have knowledge that he or she is entitled to or has claim on any portion of the person's estate. A copy of the statement shall be included in the records of the incapacitated person in the hospice to which he or she is admitted.

90,1u Section 1u. 154.01 (1) of the statutes is renumbered 154.01 (1r) and amended to read:

154.01 (1r) “Attending physician health care professional" means a physician licensed under ch. 448 health care professional who has primary responsibility for the treatment and care of the patient.

90,2 Section 2. 154.01 (1g) of the statutes is created to read: