SB254,10,22 154.07 (2) Effect of declaration. The desires of a qualified patient who is competent supersede the effect of the declaration at all times. If a qualified patient is adjudicated incompetent at the time of the decision to withhold or withdraw life-sustaining procedures or feeding tubes, a declaration executed under this subchapter is presumed to be valid. The declaration of a qualified patient who is diagnosed as pregnant by the attending physician health care professional has no effect during the course of the qualified patient's pregnancy. For the purposes of this subchapter, a physician health care professional or inpatient health care facility may presume in the absence of actual notice to the contrary that a person who executed a declaration was of sound mind at the time.

SB254,18 Section 18. 154.19 (1) (intro.) of the statutes is amended to read:

SB254,11,2 154.19 (1) (intro.) No person except an attending physician health care professional may issue a do-not-resuscitate order. An attending physician health care professional may issue a do-not-resuscitate order to a patient only if all of the following apply:

SB254,19 Section 19. 154.19 (1) (e) of the statutes is amended to read:

SB254,11,5 154.19 (1) (e) The physician health care professional does not know the patient to be pregnant.

SB254,20 Section 20. 154.19 (2) (a) of the statutes is amended to read:

SB254,11,11 154.19 (2) (a) The attending physician health care professional, or a person directed by the attending physician health care professional, shall provide the patient with written information about the resuscitation procedures that the patient has chosen to forego and the methods by which the patient may revoke the do-not-resuscitate order.

SB254,21 Section 21. 154.19 (2) (b) (intro.) of the statutes is amended to read:

SB254,11,18 154.19 (2) (b) (intro.) After providing the information under par. (a), the attending physician health care professional, or the person directed by the attending physician health care professional, shall document in the patient's medical record the medical condition that qualifies the patient for the do-not-resuscitate order, shall make the order in writing and shall do one of the following, as requested by the qualified patient:

SB254,22 Section 22. 154.21 (2) of the statutes is amended to read:

SB254,11,25 154.21 (2) Recording the revocation. The attending physician health care professional shall be notified as soon as practicable of the patient's revocation and shall record in the patient's medical record the time, date and place of the revocation, if known, and the time, date and place, if different, that he or she was notified of the revocation. A revocation under sub. (1) is effective regardless of when the attending physician health care professional has been notified of that revocation.

SB254,23 Section 23. 154.23 (intro.) of the statutes is amended to read:

SB254,12,5 154.23 Liability. (intro.) No physician, emergency medical services practitioner, emergency medical responder, health care professional provider, as defined in s. 146.81 (1), or emergency health care facility may be held criminally or civilly liable, or charged with unprofessional conduct, for any of the following:

SB254,24 Section 24. 154.27 (1) of the statutes is amended to read:

SB254,12,12 154.27 (1) The department shall establish by rule a uniform standard for the size, color, and design of all do-not-resuscitate bracelets. Except as provided in sub. (2), the rules shall require that the do-not-resuscitate bracelets include the inscription “Do Not Resuscitate"; the name, address, date of birth and gender of the patient; and the name, business telephone number and signature of the attending physician health care professional issuing the order.

SB254,25 Section 25. 155.01 (1) of the statutes is renumbered 155.01 (1r).

SB254,26 Section 26. 155.01 (1g) of the statutes is created to read:

SB254,12,15 155.01 (1g) “Advanced practice clinician” means any of the following:

SB254,12,16 (a) A licensed psychologist, as defined in s. 455.01 (4).

SB254,12,18 (b) A registered nurse under ch. 441 who is currently certified as a nurse practitioner by a national certifying body approved by the board of nursing.

SB254,12,21 (c) A physician assistant licensed under ch. 448 who a physician responsible for overseeing the physician assistant's practice affirms is competent to conduct evaluations of the capacity of patients to manage health care decisions.

SB254,27 Section 27. 155.05 (2) of the statutes is amended to read:

SB254,13,8 155.05 (2) Unless otherwise specified in the power of attorney for health care instrument, an individual's power of attorney for health care takes effect upon a finding of incapacity by 2 physicians, as defined in s. 448.01 (5), or one physician and one licensed psychologist, as defined in s. 455.01 (4) advanced practice clinician, who personally examine the principal and sign a statement specifying that the principal has incapacity. Mere old age, eccentricity or physical disability, either singly or together, are insufficient to make a finding of incapacity. Neither of the individuals who make a finding of incapacity may be a relative of the principal or have knowledge that he or she is entitled to or has a claim on any portion of the principal's estate. A copy of the statement, if made, shall be appended to the power of attorney for health care instrument.

SB254,28 Section 28. 155.20 (4) of the statutes is amended to read:

SB254,13,17 155.20 (4) A health care agent may consent to the withholding or withdrawal of a feeding tube for the principal if the power of attorney for health care instrument so authorizes, unless the principal's attending physician health care professional, as defined in s. 154.01 (1r), advises that, in his or her professional judgment, the withholding or withdrawal will cause the principal pain or reduce the principal's comfort. A health care agent may not consent to the withholding or withdrawal of orally ingested nutrition or hydration unless provision of the nutrition or hydration is medically contraindicated.

SB254,29 Section 29. 155.30 (1) of the statutes is amended to read:

SB254,13,23 155.30 (1) A printed form of a power of attorney for health care instrument that is sold or otherwise distributed for use by an individual in this state who does not have the advice of legal counsel shall provide no authority other than the authority to make health care decisions on behalf of the principal and shall contain the following statement in not less than 10-point boldface type:

SB254,13,25 “NOTICE TO PERSON MAKING THIS DOCUMENT

SB254,14,4 YOU HAVE THE RIGHT TO MAKE DECISIONS ABOUT YOUR HEALTH CARE. NO HEALTH CARE MAY BE GIVEN TO YOU OVER YOUR OBJECTION, AND NECESSARY HEALTH CARE MAY NOT BE STOPPED OR WITHHELD IF YOU OBJECT.