AB781,,44The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: AB781,15Section 1. Chapter 156 of the statutes is created to read: AB781,,76CHAPTER 156
7MEDICAL AID IN DYING AB781,,88156.01 Short title. This chapter shall be known and may be cited as the “Our Care, Our Options Act.” AB781,,99156.03 Definitions. In this chapter: AB781,,1010(1) “Adult” means an individual who is 18 years of age or older. AB781,,1111(2) “Attending provider” means the provider who has primary responsibility for the care of an individual and treatment of that individual’s terminal disease. AB781,,1212(3) “Coercion or undue influence” means the willful attempt, whether by deception, intimidation, or any other means, to do any of the following: AB781,,1313(a) Cause an individual to request, obtain, or self-administer medication under this chapter with intent to cause the death of the individual. AB781,,1414(b) Prevent a qualified individual from obtaining or self-administering medication under this chapter. AB781,,1515(4) “Consulting provider” means a provider who is qualified by specialty or experience to make a professional diagnosis and prognosis regarding an individual’s disease. AB781,,1616(5) “Department” means the department of health services. AB781,,1717(6) “Health care facility” means a general hospital, medical clinic, nursing home, or in-patient hospice facility or any other entity regulated under ch. 50. A health care facility does not include individual providers. AB781,,1818(7) “Informed decision” means a decision by a qualified individual to request and obtain a prescription for medication under this chapter that the qualified individual may self-administer to bring about his or her peaceful death, after being fully informed by the individual’s attending provider of all of the following: AB781,,1919(a) The individual’s diagnosis and prognosis. AB781,,2020(b) The potential risks associated with taking the medication to be prescribed. AB781,,2121(c) The probable result of taking the medication to be prescribed. AB781,,2222(d) The feasible end-of-life care and treatment options for the individual’s terminal disease, including comfort care, palliative care, hospice care, and pain control, and the risks and benefits of each. AB781,,2323(e) The individual’s right to withdraw a request under this chapter or consent for any other treatment at any time. AB781,,2424(8) Notwithstanding sub. (13), “licensed mental health care provider” means a psychiatrist, psychologist, clinical social worker, psychiatric nurse practitioner, clinical mental health counselor, or clinical professional counselor licensed, certified, or otherwise credentialed in this state. AB781,,2525(9) “Medical aid in dying” means the practice of evaluating a request, determining qualification, and providing a prescription to a qualified individual under this chapter. AB781,,2626(10) “Medically confirmed” means that a consulting provider, after performing a medical evaluation, has confirmed an attending provider’s medical opinion that an individual is eligible to receive medication under this chapter. AB781,,2727(11) “Mentally capable” means that in the opinion of an attending provider or consulting provider, or a licensed mental health care provider if a determination is requested under s. 156.17, an individual requesting medication under this chapter has the ability to make and communicate an informed decision. AB781,,2828(12) “Prognosis of 6 months or less” means an individual’s terminal disease will, within reasonable medical judgment, result in the death of that individual within 6 months. AB781,,2929(13) “Provider” means a person licensed, certified, or otherwise authorized or permitted by this state to diagnose and treat medical conditions and prescribe and dispense medication, including controlled substances, but does not include a health care facility. Provider includes any of the following: AB781,,3030(a) A physician licensed under ch. 448. AB781,,3131(b) An advanced practice registered nurse, as defined in s. 154.01 (1g). AB781,,3232(c) A physician assistant licensed under subch. IX of ch. 448.