AB781,,85 1. Confirm that the individual has made an informed decision to obtain a prescription for medication under this chapter.

AB781,,86 2. Offer the individual an opportunity to rescind the request for medication under this chapter.

AB781,,87 3. Educate the individual on the recommended procedure for self-administering the medication to be prescribed; the safekeeping and proper disposal of unused medication in accordance with state and federal law; the importance of having another person present when the individual self-administers the medication to be prescribed; and not taking the medication in a public place.

AB781,,88 (m) Deliver the prescription personally, by mail, or through an authorized electronic transmission to a licensed pharmacist who will dispense the medication, including any ancillary medications, to the attending provider, to the qualified individual, or to an individual expressly designated by the qualified individual in person or with a signature required on delivery, by mail service or by messenger service, or, if authorized by the federal drug enforcement agency, dispense the prescribed medication, including any ancillary medications, to the qualified individual or an individual expressly designated by the qualified individual in person.

AB781,,89 (n) Document in the qualified individual’s medical record the individual’s diagnosis and prognosis, determination of mental capability, the date of the oral request or requests, a copy of the written request, a notation that the requirements under this chapter have been completed, and identification of the medication and ancillary medications prescribed to the qualified individual under this chapter.

AB781,,90 (2) Notwithstanding any other provision of law, the attending provider may sign the individual’s death certificate.

AB781,,91 156.15 Consulting provider responsibilities. A consulting provider for an individual shall do all of the following with regard to requests for medication under this chapter:

AB781,,92 (1) Evaluate the individual and the individual’s relevant medical records.

AB781,,93 (2) Confirm, in writing, to the individual’s attending provider that all of the following are true:

AB781,,94 (a) The individual has a terminal disease with prognosis of 6 months or less.

AB781,,95 (b) The individual is mentally capable. If the consulting provider is unable to confirm that the individual is mentally capable, the consulting provider shall provide documentation that the consulting provider has referred the individual for further evaluation in accordance with s. 156.17.

AB781,,96 (c) The individual is acting voluntarily, free from coercion or undue influence.

AB781,,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.

AB781,,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.

AB781,,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.

AB781,,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.

AB781,,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.

AB781,,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:

AB781,,103 (a) Document the date of the individual’s request in the individual’s medical record.

AB781,,104 (b) Upon the individual’s request, transfer the individual’s medical records to the new provider, consistent with federal and state law.

AB781,,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.

AB781,,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.

AB781,,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.

AB781,,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:

AB781,,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.

AB781,,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.

AB781,,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.

AB781,,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.

AB781,,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.