Current through Acts 2023-2024, ch. 272
Section 154.07 - Duties and immunities(1) LIABILITY. (a) No health care professional, inpatient health care facility, or person who is licensed, certified, or registered under ch. 441, 448, or 455 or holds a compact privilege under subch. XI of ch. 448 and who is 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.Amended by Acts 2021 ch, 23,s 26, eff. 4/1/2022.Amended by Acts 2019 ch, 90,s 17, eff. 2/7/2020.Amended by Acts 2019 ch, 90,s 16, eff. 2/7/2020.Amended by Acts 2019 ch, 90,s 15, eff. 2/7/2020.1983 a. 202; 1991 a. 84; 1995 a. 200; 2003 a. 290; 2005 a. 387.