SB739,,104 (b) Upon the individual’s request, transfer the individual’s medical records to the new provider, consistent with federal and state law.

SB739,,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.

SB739,,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.

SB739,,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.

SB739,,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:

SB739,,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.

SB739,,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.

SB739,,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.

SB739,,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.

SB739,,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.

SB739,,114 (5) If any part of this chapter is found to be in conflict with federal requirements that are a prescribed condition for the receipt of federal funds, the conflicting part of this chapter is inoperative solely to the extent of the conflict with respect to the facility directly affected, and such finding or determination does not affect the operation of the remainder of the chapter.

SB739,,115 156.25 Immunities for actions in good faith; prohibition against reprisals. (1) No person or health care facility shall be subject to civil or criminal liability or professional disciplinary action, including censure, suspension, loss of license, loss of privileges, loss of membership, or any other penalty, for engaging in good faith compliance with this chapter.

SB739,,116 (2) No provider, health care facility, professional organization, or association shall subject a provider to discharge, demotion, censure, discipline, suspension, loss of license, loss of privileges, loss of membership, discrimination, or any other penalty for providing medical aid in dying in accordance with the medical standard of care and in good faith under this chapter, except if a provider acts in violation of a health care facility’s valid prohibition or prohibitions under s. 156.23.

SB739,,117 (3) No provider, health care facility, professional organization, or association shall subject a provider to discharge, demotion, censure, discipline, suspension, loss of license, loss of privileges, loss of membership, discrimination, or any other penalty for providing medical aid in dying in accordance with the medical standard of care and in good faith under this chapter while engaged in the outside practice of medicine and off the facility premises or for providing scientific and accurate information about medical aid in dying to an individual when discussing end-of-life care options.

SB739,,118 (4) An individual is not subject to civil or criminal liability or professional discipline if, at the request of a qualified individual, the individual is present outside the scope of the individual’s employment contract and off the facility premises when the qualified individual self-administers medication under this chapter or at the time of death. An individual who is present may, without civil or criminal liability, assist the qualified individual by preparing the medication prescribed under this chapter.

SB739,,119 (5) A request by an individual for and the provision of medication under this chapter alone does not constitute neglect or elder abuse for any purpose of law, nor shall it be the sole basis for appointment of a guardian or conservator.

SB739,,120 (6) This chapter does not limit civil liability for intentional or negligent misconduct.

SB739,,121 156.27 Reporting requirements. (1) The department shall create a checklist form and a follow-up form for attending providers to facilitate collection of the information described in this chapter and post these forms to the department’s Internet site.

SB739,,122 (2) Within 30 calendar days of providing a prescription for medication under this chapter, an attending provider shall submit to the department a completed checklist form, as provided under sub. (1), with all of the following information:

SB739,,123 (a) The qualified individual’s name and date of birth.

SB739,,124 (b) The qualified individual’s terminal diagnosis and prognosis.

SB739,,125 (c) Notice that the requirements under this chapter have been completed.

SB739,,126 (d) Notice that medication has been prescribed under this chapter.

SB739,,127 (3) Within 60 calendar days of notification of a qualified individual’s death from self-administration of medication prescribed under this chapter, the attending provider shall submit to the department a follow up form, as provided under sub. (1), with all of the following information:

SB739,,128 (a) The qualified individual’s name and date of birth.

SB739,,129 (b) The date of the qualified individual’s death.

SB739,,130 (c) A notation of whether or not the qualified individual was enrolled in hospice services at the time of the qualified individual’s death.

SB739,,131 (4) The department shall annually review a sample of records related to requests under this chapter to ensure compliance and issue a public statistical report. The report shall not include any identifying information and shall be limited to the following statistical information:

SB739,,132 (a) The number of prescriptions for medication written under this chapter.