LRB-0774/1

SWB:ahe

2019 - 2020 LEGISLATURE

2019 Assembly BILL 83

March 19, 2019 - Introduced by Representatives Horlacher, Macco, Brooks, Edming, Hutton, Meyers, Murphy, Mursau, Novak, Rodriguez, Skowronski, Snyder, Spiros, Spreitzer, Steffen, Subeck, C. Taylor, Tusler, VanderMeer and Wichgers, cosponsored by Senators Feyen, Bewley, Carpenter, Cowles, Marklein, Nass, Olsen, Wanggaard and Wirch. Referred to Committee on Health.

AB83,1,6 An Act to amend subchapter I (title) of chapter 154 [precedes 154.01], 154.03 (2) (intro.), 154.13 (title), 154.13 (1), 154.13 (2) (intro.), 154.13 (3), 155.30 (3) (intro.), 155.65 (title), 155.65 (1), 155.65 (2) (intro.) and 155.65 (3); and to create 154.015, 154.13 (1m) and 155.65 (1m) of the statutes; relating to: authorizing creation and implementation of an advance directive registry and granting rule-making authority.

Analysis by the Legislative Reference Bureau

This bill authorizes the Department of Health Services to develop and implement a registry for power of attorney for health care instruments, declarations to physicians, do-not-resuscitate orders, authorizations for final disposition, and any other advance directives included by DHS. If DHS develops a registry, DHS may promulgate rules to implement the registry.

Also, if a registry is established, DHS may determine whether to incorporate advance directives previously filed with the county registers in probate. If DHS decides to incorporate these advance directives, DHS must request the documents from the registers in probate and the registers in probate must transfer a copy of the documents to DHS. If DHS requests copies of any previously filed advance directives, the registers in probate may not accept for filing new advance directives.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

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

AB83,1 Section 1 . Subchapter I (title) of chapter 154 [precedes 154.01] of the statutes is amended to read:

AB83,2,3 CHAPTER 154

AB83,2,4 SUBCHAPTER I

AB83,2,6 DEFINITIONS and general provisions

AB83,2 Section 2 . 154.015 of the statutes is created to read:

AB83,2,8 154.015 Advance directive registry. (1) In this section:

AB83,2,9 (a) “Advance directive” has the meaning given in 42 CFR 489.100.

AB83,2,11 (b) “Authorization for final disposition” has the meaning given in s. 154.30 (1) (a).