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).

AB83,2,12 (c) “Declaration” has the meaning given in s. 154.02 (1).

AB83,2,13 (d) “Do-not-resuscitate order” has the meaning given in s. 154.17 (2).

AB83,2,15 (e) “Power of attorney for health care instrument” means an instrument designating a power of attorney for health care executed under ch. 155.

AB83,3,6 (2) The department may 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 the department. If the department establishes a registry under this section, the department may incorporate advance directives previously filed with a county register in probate into the registry. If the department determines incorporation of advance directives is appropriate, the department shall request and the county registers in probate shall complete the transfer of a copy of any advance directives filed under s. 154.13 (1) or 155.65 (1) for inclusion by the department in the registry. The department shall notify the subject of the advance directive within 14 days of the transfer of a copy of the advance directive and provide information regarding the registry and access to advance directives included in the registry.

AB83,3,11 (3) (a) Registration of a document or failure to register a document with a registry maintained by the department under this section does not affect the validity of the document. Failure to notify the department of the revocation of a document included on a registry under this section does not affect the validity of a revocation that otherwise meets the statutory requirements for revocation.

AB83,3,14 (b) The department is not required to review a document submitted for inclusion on a registry under this section to determine whether the document complies with statutory requirements applicable to that document.

AB83,3,18 (4) If an individual or a person authorized by that individual has submitted a copy of an advance directive to any registry established by the department under this section, the following persons may have access to that advance directive without first obtaining consent from the individual:

AB83,3,20 (a) The person authorized by the individual who is the subject of the advance directive.