SB739,,17 (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.

SB739,,18 (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:

SB739,,19 (a) The individual’s diagnosis and prognosis.

SB739,,20 (b) The potential risks associated with taking the medication to be prescribed.

SB739,,21 (c) The probable result of taking the medication to be prescribed.

SB739,,22 (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.

SB739,,23 (e) The individual’s right to withdraw a request under this chapter or consent for any other treatment at any time.

SB739,,24 (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.

SB739,,25 (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.

SB739,,26 (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.

SB739,,27 (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.

SB739,,28 (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.

SB739,,29 (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:

SB739,,30 (a) A physician licensed under ch. 448.

SB739,,31 (b) An advanced practice registered nurse, as defined in s. 154.01 (1g).

SB739,,32 (c) A physician assistant licensed under subch. IX of ch. 448.

SB739,,33 (14) “Qualified individual” means a mentally capable adult who has satisfied the requirements of this chapter in order to obtain a prescription for medication to bring about a peaceful death. No person will be considered a “qualified individual” under this chapter solely because of advanced age or disability.

SB739,,34 (15) “Self-administer” means a qualified individual performs an affirmative, conscious, and voluntary act to ingest medication prescribed under this chapter to bring about the individual’s peaceful death. Self-administration does not include administration by intravenous or other parenteral injection or infusion.

SB739,,35 (16) “Terminal disease” means an incurable and irreversible disease that has been medically confirmed and will, within reasonable medical judgment, produce death within 6 months.

SB739,,36 156.05 Informed consent. (1) Nothing in this chapter may be construed to limit the information a provider must provide to an individual in order to comply with the medical standard of care and with informed consent requirements under state law.

SB739,,37 (2) If a provider is unable or unwilling to fulfill a request for medication under this chapter, the provider shall proceed as required under s. 156.21 (2).

SB739,,38 (3) Failure by a provider to provide information about medical aid in dying to an individual who requests it, or failure to refer the individual to another provider who can provide the information upon request, shall constitute a failure to obtain informed consent for subsequent medical treatments.

SB739,,39 156.07 Standard of care. (1) Care that complies with the requirements of this chapter meets the medical standard of care.

SB739,,40 (2) Nothing in this chapter exempts a provider or other medical personnel from meeting the medical standard of care for the treatment of individuals with a terminal disease.

SB739,,41 156.09 Qualification. (1) A mentally capable adult with a terminal disease and a prognosis of 6 months or less may request a prescription for medication under this chapter. A qualified individual shall have made an oral request and a written request, and reiterated the oral request to the individual’s attending provider no less than 15 days after making the initial oral request.

SB739,,42 (2) The attending provider and consulting provider of a qualified individual shall have met each of their respective requirements as set forth in ss. 156.13 and 156.15.

SB739,,43 (3) Notwithstanding sub. (1), if an individual’s attending provider has medically determined that the individual will, within reasonable medical judgment, die within 15 days after making an initial oral request under sub. (1), the 15-day waiting period set forth in sub. (1) is waived and the individual may reiterate the oral request to the attending provider as required under sub. (1) at any time after making the initial oral request.

SB739,,44 (4) At the time an individual makes the second oral request under sub. (1), the individual’s attending provider shall offer the individual an opportunity to rescind the request.

SB739,,45 (5) Oral and written requests under sub. (1) for medical aid in dying may be made only by the requesting individual and may not be made by the individual’s surrogate decision-maker, health care proxy, attorney-in-fact for health care, or through an advance health care directive.