SB312,2,72 55.05 (5) (d) The admission to a facility of a principal by a health care agent
3under the terms of a power of attorney for health care instrument and in accordance
4with ch. 155, or of an incapacitated individual by a surrogate under s. 155.90, or the
5admission of an individual to a nursing home or community-based residential
6facility under the requirements of s. 50.06 is not a protective placement under this
7chapter.

SB312,3,49 146.81 (5) "Person authorized by the patient" means the parent, guardian or
10legal custodian of a minor patient, as defined in s. 48.02 (8) and (11), the person
11vested with supervision of the child under s. 938.183 or 938.34 (4d), (4h), (4m) or (4n),
12the guardian of a patient adjudged incompetent, as defined in s. 880.01 (3) and (4),
13the personal representative or spouse of a deceased patient, any person authorized
14in writing by the patient or a health care agent designated by the patient as a
15principal under ch. 155 if the patient has been found to be incapacitated under s.
16155.05 (2), except as limited by the power of attorney for health care instrument, or,
17if the patient has not executed a power of attorney for health care instrument under
18ch. 155, and the patient has been found to be incapacitated under s. 155.90 (3), the
19surrogate under s. 155.90 (2). If no spouse survives a deceased patient, "person
20authorized by the patient" also means an adult member of the deceased patient's

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1immediate family, as defined in s. 632.895 (1) (d). A court may appoint a temporary
2guardian for a patient believed incompetent to consent to the release of records under
3this section as the person authorized by the patient to decide upon the release of
4records, if no guardian has been appointed for the patient.

SB312,3,1411 155.01 (7m) "Incapacitated" means unable to receive and evaluate information
12effectively or to communicate decisions to such an extent that the individual lacks
13the capacity to manage his or her health care decisions, including decisions about his
14or her post-hospital care.

SB312,3,1816 155.01 (13) "Surrogate" means an individual authorized under s. 155.90 (2) to
17make health care decisions on behalf of another who cannot make health care
18decisions because of incapacity.

SB312,3,24 20155.90 Health care decisions for incapacitated persons without a
21power of attorney for health care. (1) An individual under sub. (2) may make
22health care decisions on behalf of an incapacitated individual who does not have a
23valid power of attorney for health care and who has not been adjudicated
24incompetent under ch. 880, if all of the following apply:

SB312,4,3

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1(a) No individual who is listed under sub. (2) in the same order of priority as,
2or higher in priority than, the individual who is making the health care decision
3disagrees with the decision.

SB312,4,64 (b) 1. Except as provided in subd. 2., no individual who is listed under sub. (2)
5and who resides with the incapacitated individual disagrees with the health care
6decision.

SB312,4,77 2. Subdivision 1. does not apply if any of the following applies:

SB312,4,98 a. The individual who is making the health care decision resides with the
9incapacitated individual.

SB312,4,1110 b. The individual who is making the health care decision is the spouse of the
11incapacitated individual.

SB312,4,1412 (c) The individual on whose behalf the health care decision is being made is not
13diagnosed as developmentally disabled or as having a mental illness at the time of
14the health care decision.

SB312,4,16 15(2) The following individuals, in the following order of priority, may make a
16health care decision on behalf of an incapacitated individual:

SB312,4,1717 (a) The spouse of the incapacitated individual.

SB312,4,1818 (b) An adult child of the incapacitated individual.

SB312,4,1919 (c) A parent of the incapacitated individual.

SB312,4,2020 (d) An adult sibling of the incapacitated individual.

SB312,4,2121 (e) A grandparent of the incapacitated individual.

SB312,4,2222 (f) An adult grandchild of the incapacitated individual.

SB312,4,2323 (g) An adult close friend of the incapacitated individual.

SB312,5,8 24(3) A determination that an individual is incapacitated for purposes of sub. (1)
25shall be made by 2 physicians, as defined in s. 448.01 (5), or by one physician and one

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1licensed psychologist, as defined in s. 455.01 (4), who personally examine the
2individual and sign a statement specifying that the individual is incapacitated. Mere
3old age, eccentricity or physical disability, either singly or together, are insufficient
4to make a finding that an individual is incapacitated. Neither of the individuals who
5makes a finding that an individual is incapacitated may be a relative, as defined in
6s. 242.01 (11), of the individual or have knowledge that he or she is entitled to or has
7a claim on any portion of the individual's estate. A copy of the statement shall be
8included in the individual's records in the facility to which he or she is admitted.

SB312,5,12 9(4) Except as specified in subs. (5) (a) and (b), (6) and (7), the surrogate who is
10known to the health care provider to be available to make health care decisions for
11the incapacitated individual has priority over any individual other than the
12incapacitated individual to make these health care decisions.

SB312,5,14 13(5) (a) A surrogate may not consent to admission of the incapacitated
14individual on an inpatient basis to any of the following:

SB312,5,1515 1. An institution for mental diseases, as defined in s. 49.43 (6m).

SB312,5,1716 2. An intermediate care facility for the mentally retarded, as defined in s.
1746.278 (1m) (am).

SB312,5,1818 3. A state treatment facility, as defined in s. 51.01 (15).

SB312,5,1919 4. A treatment facility, as defined in s. 51.01 (19).

SB312,5,2220 (b) An incapacitated individual may be admitted or committed on an inpatient
21basis to a facility specified in par. (a) 1. to 4. only under the applicable requirements
22of ch. 51 or 55.

SB312,5,2323 (c) 1. In this paragraph:

SB312,5,2524 a. "Community-based residential facility" has the meaning given in s. 50.01
25(1g).

SB312,6,1

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1b. "Nursing home" has the meaning given in s. 50.01 (3).

SB312,6,32 2. A surrogate may consent to the admission of an incapacitated individual to
3the following facilities, under the following conditions:

SB312,6,64 a. To a nursing home, for recuperative care for a period not to exceed 3 months,
5if the incapacitated individual is admitted directly from a hospital inpatient unit,
6unless the hospital admission was for psychiatric care.

SB312,6,107 b. If the incapacitated individual lives with the surrogate, to a nursing home
8or a community-based residential facility, as a temporary placement not to exceed
930 days, in order to provide the surrogate with a vacation or to release temporarily
10the surrogate for a family emergency.

SB312,6,1411 c. To a nursing home or a community-based residential facility, for purposes
12other than those specified in subd. 2. a. and b., if the incapacitated individual is not
13diagnosed as developmentally disabled or as having a mental illness at the time of
14the proposed admission.

SB312,6,17 15(6) A surrogate may not consent to experimental mental health research or to
16psychosurgery, electroconvulsive treatment or drastic mental health treatment
17procedures for the incapacitated individual.

SB312,6,24 18(7) A surrogate may consent to the withholding or withdrawal of a feeding tube
19for the incapacitated individual, unless the principal's attending physician advises
20that, in his or her professional judgment, the withholding or withdrawal will cause
21the incapacitated individual pain or reduce that individual's comfort. A surrogate
22may not consent to the withholding or withdrawal of orally ingested nutrition or
23hydration unless provision of the nutrition or hydration is medically
24contraindicated.

SB312,7,8

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1(8) The surrogate shall act in good faith consistently with the desires of the
2incapacitated individual as expressed or otherwise specifically directed by the
3incapacitated individual to the surrogate at any time. The surrogate shall act in good
4faith consistently with any valid declaration executed by the incapacitated
5individual under subch. II of ch. 154. In the absence of a specific directive by the
6incapacitated individual or if the desires of the incapacitated individual are
7unknown, the surrogate shall, in good faith, act in the best interests of the
8incapacitated individual in exercising his or her authority.

SB312,7,11 9(9) If the incapacitated individual is known to be pregnant, the surrogate may
10make any health care decision on behalf of the incapacitated individual consistent
11with sub. (8).

SB312,7,15 12(10) If necessary to implement the health care decisions that a surrogate is
13authorized to make, in accordance with the desires of the incapacitated individual,
14the surrogate may sign or otherwise execute any documents, waivers or releases
15related to the incapacitated individual's care or treatment.

SB312,8,617 252.15 (2) (b) (intro.) The health care provider, blood bank, blood center or
18plasma center that subjects a person to a test for the presence of HIV, antigen or
19nonantigenic products of HIV or an antibody to HIV under pars. (a) and (am) shall,
20in instances under those paragraphs in which consent is required, provide the
21potential test subject with an informed consent form for testing or disclosure that
22shall contain the following information and on the form shall obtain the potential test
23subject's signature or may, if. If the potential test subject has executed a power of
24attorney for health care instrument under ch. 155 and has been found to be
25incapacitated under s. 155.05 (2), the health care provider, blood bank, blood center

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1or plasma center may instead obtain the signature of the health care agent. If the
2potential test subject has not executed a power of attorney for health care instrument
3under ch. 155 and has been found to be incapacitated under s. 155.90 (3), the health
4care provider, blood bank, blood center or plasma center may instead obtain the
5signature of the surrogate under s. 155.90 (2). The informed consent form for testing
6and disclosure shall contain all of the following information:

SB312,8,109 252.15 (2) (b) 1. (intro.) The name of the potential test subject who is giving
10consent and whose test results may be disclosed and, if one of the following:

SB312,8,13 11a. If the potential test subject has executed a power of attorney for health care
12instrument under ch. 155 and has been found to be incapacitated under s. 155.05 (2),
13the name of the health care agent.

SB312,8,1715 252.15 (2) (b) 1. b. If the potential test subject has not executed a power of
16attorney for health care instrument under ch. 155 and has been found to be
17incapacitated under s. 155.90 (3), the name of the surrogate under s. 155.90 (2).

SB312,8,2519 252.15 (2) (b) 3. a. The signature of the potential test subject or, if the potential
20test subject has executed a power of attorney for health care instrument under ch.
21155 and has been found to be incapacitated under s. 155.05 (2), of the health care
22agent, or, if the potential test subject has not executed a power of attorney for health
23care instrument under ch. 155 and has been found to be incapacitated under s. 155.90
24(3), the signature of the surrogate under s. 155.90 (2), providing informed consent for
25the testing and the date on which the consent is signed.

SB312,9,92 252.15 (2) (b) 3. b. The name of a person to whom the potential test subject or,
3if the potential test subject has executed a power of attorney for health care
4instrument under ch. 155 and has been found to be incapacitated under s. 155.05 (2),
5the health care agent, or, if the potential test subject has not executed a power of
6attorney for health care instrument under ch. 155 and has been found to be
7incapacitated under s. 155.90 (3), the surrogate under s. 155.90 (2), authorizes that
8disclosure of test results be made, if any, the date on which the consent to disclosure
9is signed, and the time period during which the consent to disclosure is effective.

SB312,9,2111 252.15 (3) Written consent to disclosure. A person who receives a test for
12the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV
13under sub. (2) (b) or, if the person has executed a power of attorney for health care
14instrument under ch. 155 and has been found to be incapacitated under s. 155.05 (2),
15the health care agent or, if the test subject has not executed a power of attorney for
16health care instrument under ch. 155 and has been found to be incapacitated under
17s. 155.90 (3), the surrogate under s. 155.90 (2), may authorize in writing a health care
18provider, blood bank, blood center or plasma center to disclose the person's test
19results to anyone at any time subsequent to providing informed consent for
20disclosure under sub. (2) (b) and a record of this consent shall be maintained by the
21health care provider, blood bank, blood center or plasma center so authorized.

SB312,9,2523 252.15 (5) (a) (intro.) An individual who is the subject of a test for the presence
24of HIV, antigen or nonantigenic products of HIV or an antibody to HIV or the
25individual's health care agent, if the individual has executed a power of attorney for

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1health care instrument under ch. 155 and has been found to be incapacitated under
2s. 155.05 (2), or, if the individual has not executed a power of attorney for health care
3instrument under ch. 155 and has been found to be incapacitated under s. 155.90 (3),
4the surrogate under s. 155.90 (2), may disclose the results of the individual's test to
5anyone. A person who is neither not the individual nor, the individual's health care
6agent or a surrogate under s. 155.90 (2) may not, unless he or she is specifically
7authorized by the individual to do so, disclose the individual's test results except to
8the following persons or under the following circumstances:

SB312,10,1111 252.15 (5) (a) 1. (intro.) To the subject of the test and, if to one of the following:

SB312,10,14 12a. If the test subject has executed a power of attorney for health care instrument
13under ch. 155 and has been found to be incapacitated under s. 155.05 (2), the health
14care agent.

SB312,10,1816 252.15 (5) (a) 1. b. If the test subject has not executed a power of attorney for
17health care instrument under ch. 155 and has been found to be incapacitated under
18s. 155.90 (3), the surrogate under s. 155.90 (2).