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Wisconsin Statutes Health (Ch. 140 to 162) § 154.07. Duties and immunities

Current as of January 01, 2022 | Updated by FindLaw Staff

<Text of subsec. (1)(a)(ip.) effective until April 1, 2022>

(1) Liability. (a) No health care professional, inpatient health care facility or person licensed, certified, or registered under ch. 441, 448, or 455 acting under the direction of a health care professional may be held criminally or civilly liable, or charged with unprofessional conduct, for any of the following:

<Text of subsec. (1)(a)(ip.) effective April 1, 2022>

(1) Liability.(a) No health care professional, inpatient health care facility or person licensed, certified, or registered under ch. 441, 448, or 455, or a person who holds a compact privilege under subch. X of ch. 448 acting under the direction of a health care professional may be held criminally or civilly liable, or charged with unprofessional conduct, for any of the following:

1. Participating in the withholding or withdrawal of life-sustaining procedures or feeding tubes under this subchapter.

2. Failing to act upon a revocation unless the person or facility has actual knowledge of the revocation.

3. Failing to comply with a declaration, except that failure by a health care professional to comply with a declaration of a qualified patient constitutes unprofessional conduct if the health care professional refuses or fails to make a good faith attempt to transfer the qualified patient to another health care professional who will comply with the declaration.

(b)1. No person who acts in good faith as a witness to 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.

2. Subdivision 1 does not apply to a person who acts as a witness in violation of s. 154.03(1).

(c) Pars. (a) and (b) apply to acts or omissions in connection with a provision of a document that is executed in another jurisdiction if the provision is valid and enforceable under s. 154.11(9).

(2) Effect of declaration. The desires of a qualified patient who is competent supersede the effect of the declaration at all times. If a qualified patient is adjudicated incompetent at the time of the decision to withhold or withdraw life-sustaining procedures or feeding tubes, a declaration executed under this subchapter is presumed to be valid. The declaration of a qualified patient who is diagnosed as pregnant by the attending health care professional has no effect during the course of the qualified patient's pregnancy. For the purposes of this subchapter, a health care professional or inpatient health care facility may presume in the absence of actual notice to the contrary that a person who executed a declaration was of sound mind at the time.

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Cite this article: FindLaw.com - Wisconsin Statutes Health (Ch. 140 to 162) § 154.07. Duties and immunities - last updated January 01, 2022 | https://codes.findlaw.com/wi/health-ch-140-to-162/wi-st-154-07/

Read this complete Wisconsin Statutes Health (Ch. 140 to 162) § 154.07. Duties and immunities on Westlaw

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