SB 28

This bill permits an individual who is of sound mind, is not incapacitated, is at

least 18 years of age, is a resident of Wisconsin, and has a terminal disease to request

voluntarily medication from his or her attending physician for the purpose of ending

the individual's life in a humane and dignified manner. The bill authorizes the

individual's attending physician to issue a prescription for the medication if specified

requirements are met. Further, the bill creates a statutory request for medication

authorization form and requires that the Department of Health Services (DHS)

prepare and provide copies of the form for distribution to certain facilities,

associations, and persons.

The bill establishes the following requirements that must be met before an

individual's attending physician may issue a prescription in response to the

individual's request for medication:

1. First, the requester must orally ask his or her attending physician for the

medication. Then, not fewer than 15 days later, the requester must again request

the medication, using a valid request form that is substantially in the form specified

in the bill, is in writing, is signed in the presence of three qualified witnesses and

dated by the requester, is made voluntarily, and is filed in the requester's patient

health care record. After the written request is filed, the requester must orally ask

his or her attending physician a second time for the medication. The attending

physician may not prescribe a medication to fulfill a request for medication until at

least 48 hours after the second oral request.

2. The requester's attending physician must determine that the requester

meets the requirements for making the request; must inform the requester of his or

her diagnosis and prognosis, the probable results of taking the prescribed

medication, and the alternatives to doing so; must refer the requester to a consulting

physician for review; must, if the requester may be suffering from a psychiatric or

psychological disorder, refer the requester to a psychiatrist or psychologist for

review; must, in the requester's patient health care record, document certain

information and certify that requirements have been met regarding the request;

must ask the requester to inform his or her next of kin about the request; must inform

the requester that the request is revocable and offer him or her the opportunity to

revoke it; and must report information about the request to DHS on a form prescribed

by DHS.

3. A consulting physician to whom the requester is referred must medically

confirm the attending physician's diagnosis and determination that the requester

meets the requirements for making the request. Any psychologist or psychiatrist to

whom the requester is referred by the attending or consulting physician must

determine and certify in writing that the requester is not suffering from a psychiatric

or psychological disorder, including depression, that causes impaired judgment.

The bill specifies that, if the requester is a resident of a nursing home or