AB745,7,10 DIRECTIVES TO ATTENDING PHYSICIAN

AB745,7,14 1. This document authorizes the withholding or withdrawal of life-sustaining procedures or of feeding tubes when 2 physicians, one of whom is the attending physician, have personally examined and certified in writing that the patient has a terminal condition or is in a persistent vegetative state.

AB745,7,20 2. The choices in this document were made by a competent adult. Under the law, the patient's stated desires must be followed unless you believe that withholding or withdrawing life-sustaining procedures or feeding tubes would cause the patient pain or reduced comfort and that the pain or discomfort cannot be alleviated through pain relief measures. If the patient's stated desires are that life-sustaining procedures or feeding tubes be used, this directive must be followed.

AB745,7,23 3. If you feel that you cannot comply with this document, you must make a good faith attempt to transfer the patient to another physician who will comply. Refusal or failure to make a good faith attempt to do so constitutes unprofessional conduct.

AB745,7,25 4. If you know that the patient is pregnant, this document has no effect during her pregnancy.

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AB745,8,4 The person making this living will may use the following space to record the names of those individuals and health care providers to whom he or she has given copies of this document:

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AB745,6 Section 6 . 154.07 (1) (b) 1. of the statutes is amended to read:

AB745,8,12 154.07 (1) (b) 1. No person who acts in good faith as a witness to a declaration or takes an acknowledgment of a declaration under this subchapter may be held civilly or criminally liable for participating in the withholding or withdrawal of life-sustaining procedures or feeding tubes under this subchapter.

AB745,7 Section 7 . 154.07 (1) (b) 2. of the statutes is amended to read:

AB745,8,15 154.07 (1) (b) 2. Subdivision 1. does not apply to a person who acts as a witness or takes an acknowledgment in violation of s. 154.03 (1).

AB745,8 Section 8 . 155.10 (title) of the statutes is amended to read:

AB745,8,18 155.10 (title) Power of attorney for health care instrument; execution; witnesses and notarial officers.

AB745,9 Section 9 . 155.10 (1) (c) of the statutes is amended to read:

AB745,8,23 155.10 (1) (c) Signed in the presence of 2 witnesses who meet the requirements of sub. (2) or the principal makes an acknowledgment of the instrument before a notarial officer authorized under s. 706.07 to take acknowledgments who meets the requirements of sub. (2).

AB745,10 Section 10 . 155.10 (2) (intro.) of the statutes is amended to read:

AB745,9,5 155.10 (2) (intro.) A witness to the execution of a valid power of attorney for health care instrument shall be an individual who has attained age 18. No witness to the execution or notarial officer who takes an acknowledgment of the power of attorney for health care instrument may, at the time of the execution, be any of the following:

AB745,11 Section 11 . 155.10 (2) (d) of the statutes is renumbered 155.10 (2) (d) (intro.) and amended to read:

AB745,9,8 155.10 (2) (d) (intro.) An individual who is a any of the following:

AB745,9,10 1. A health care provider who is serving the principal at the time of execution, an.

AB745,9,13 2. An employee, other than an employee authorized as a notarial officer under s. 706.07, a chaplain, or a social worker, of the a health care provider or an who is serving the principal at the time of execution.

AB745,9,16 3. An employee, other than an employee authorized as a notarial officer under s. 706.07, a chaplain, or a social worker, of an inpatient health care facility in which the principal is a patient.

AB745,12 Section 12 . 155.10 (2) (d) 4. of the statutes is created to read:

AB745,9,19 155.10 (2) (d) 4. A finance or billing officer of an inpatient health care facility in which the principal is a patient.

AB745,13 Section 13 . 155.30 (3) of the statutes is amended to read:

AB745,9,25 155.30 (3) The department shall prepare and provide copies of a power of attorney for health care instrument and accompanying information for distribution in quantities to health care professionals, hospitals, nursing homes, multipurpose senior centers, county clerks, and local bar associations and individually to private persons. The department shall include, in information accompanying the copy of the instrument, at least the statutory definitions of terms used in the instrument, statutory restrictions on who may be witnesses to or be a notarial officer that takes an acknowledgment of a valid instrument, a statement explaining that valid witnesses or notarial officers acting in good faith are statutorily immune from civil or criminal liability and a statement explaining that an instrument may, but need not, be filed with the register in probate of the principal's county of residence. The department may charge a reasonable fee for the cost of preparation and distribution. The power of attorney for health care instrument distributed by the department shall include the notice specified in sub. (1) and shall be in the following form: