Proposed Legislation
Amos Center has drafted the following proposed legislation to give Wis. Citizens their medical freedom rights back after Wis. S. Ct. decision in Gahl v. Aurora affirmed the Appeals Court decision where they stated that the rights in the Health Care Power of Attorney document were "only informative and instructive" and not substantive or real. Read the proposal below, or download it as a PDF using the follwing PDF icon.
LEGISLATIVE AMENDMENT TO CHAP. 155.01 (5) AND NEW LAW 155.30(1)
This proposed legislative amendment is intended to fix the incorrect interpretation of the District II Appeals Court in the Gahl v Aurora decision, that ascribed to the legislature’s words, the wrong meaning regarding the actual legislative intent to enumerate and preserve citizens’ health care decision-making freedoms. That decision thereby eliminated the medical freedom rights of every Wisconsin citizen, while in a health care facility in the State of Wisconsin. That decision goes against the Wisconsin legislature’s original intent in using mandated words to ensure that Wisconsin citizens’ health care freedom rights were maintained and protected. 155.30(1)
AMEND to include new words in red:
155.01 (5) TO READ: “health care decision” means an informed decision in the exercise of the right to request, receive, accept, maintain, discontinue or refuse health care.
NEW LAW:
155.30 (1) Every person in the State of Wisconsin has the following rights when in the care of a health care facility that is licensed, regulated, and approved by the State of Wisconsin:
EACH PERSON ADMITTED TO A WISCONSIN LICENSED AND REGULATED HEALTH CARE FACILITY HAS THE RIGHT TO MAKE DECISIONS ABOUT THEIR HEALTH CARE. NO HEALTH CARE MAY BE GIVEN TO ANYONE OVER THEIR OBJECTION OR THE OBJECTION OF THEIR HCPOA, AND NECESSARY HEALTH CARE MAY NOT BE STOPPED OR WITHHELD IF THEY OR THEIR HCPOA OBJECTS. WHERE THE HEALTH CARE FACILITY ASSERTS THAT THE TREATMENT FALLS BENEATH THEIR STANDARD OF CARE AND REFUSES TO TREAT THE PATIENT, BUT WHERE OTHER HEALTH CARE PROVIDERS, DOCTORS OR RESEARCHERS DISAGREE WITH THAT ASSESSMENT AND PROVIDE SCIENTIFIC EVIDENCE TO SUPPORT THE PREMISE THAT THE TREATMENT REQUESTED IS SAFE, THEN WITH A SIGNED RELEASE OF LIABILITY BY THE PATIENT, THE PATIENT’S REQUEST MUST BE HONORED AND RESPECTED AND THE REQUESTED TREATMENT MUST BE PROVIDED BY A MEMBER OF THE HEALTH CARE FACILITY’S OWN STAFF.
These mandatory rights of all people in Wisconsin are therefore written and expressed in the state’s mandatory Health Care Power of Attorney as was previously legislated and can now be found in 155.30(2) below.
Change previous (1) to subsection (2), Previous (2) to (3); Previous (3) to (4).