Death With Dignity in Wisconsin

In recent years there has been a dramatic increase in the number of states considering death with dignity laws. Sometimes called "medical aid in dying," "assisted suicide" or "right to die" initiatives, these laws make it possible for terminally ill patients to use prescribed medication to end their lives peacefully rather than suffering a painful and protracted death.

The catalyst for greater national attention to this issue was 29-year-old Brittany Maynard, a woman diagnosed with terminal brain cancer who moved from California to Oregon to end her life in 2014. Maynard chose Oregon because California had not yet passed its aid-in-dying law, and Oregon is one of just a few other states to allow terminally ill patients to legally end their lives.

Wisconsin's 2023-2024 Our Care, Our Options Act

Wisconsin lawmakers have tried to pass an aid-in-dying law for years. In the 2023-2024 legislative session, the Wisconsin legislature is considering another death with dignity bill (AB781 in the state assembly and SB739 in the senate), called the Wisconsin Our Care, Our Options Act. If the bill becomes law, terminally ill patients who meet certain requirements will be permitted to request life-ending medication.

This article first clarifies some confusing language related to death with dignity laws and then sets out the basics of Wisconsin's proposed law.

Death With Dignity, Assisted Suicide, Right to Die: What's in a Name?

"Death with dignity" and "medical aid in dying" are two of the most commonly accepted phrases describing the process by which a terminally ill person ingests prescribed medication to hasten death. Many people still think of this process as "assisted suicide" or "physician assisted suicide." However, proponents of death with dignity argue that the term "suicide" doesn't apply to terminally ill people who would prefer to live but, facing certain death within months, choose a more gentle way of dying. In fact, Wisconsin's proposed law states that terminating one's life under the law is not suicide. (See SB739, Section 156.33 and AB781, Section 156.33.)

Increasingly, health organizations are turning away from the term "suicide" to describe a terminally ill patient's choice to reduce the suffering of an inevitable death. The phrase "aid in dying" is becoming a more accepted way to refer to this process.

You may also see the phrase "right to die" used in place of "death with dignity" or "medical aid in dying." However, "right to die" is more accurately used in the context of directing one's own medical care—that is, refusing life-sustaining treatment such as a respirator or feeding tubes when permanently unconscious or close to death. You can provide your own health care directions by completing a Wisconsin advance health care directive. (See the end of this article for more information.)

An Overview of Wisconsin's Our Care, Our Options Act

Wisconsin's proposed law is modeled closely on Oregon's Death With Dignity Act, which took effect in 1997. If Wisconsin's law passes, a patient requesting aid-in-dying medication will have to be:

• at least 18 years old
• a Wisconsin resident
• mentally capable of making and communicating health care decisions, and
• diagnosed with a terminal disease that will result in death within six months.

A patient who meets the requirements above will be prescribed aid-in-dying medication only if:

• The patient makes two verbal requests to their health care provider (a doctor, advanced practice registered nurse, or physician assistant), at least 15 days apart. However, the 15-day waiting period can be waived if the provider confirms that the patient is fewer than 15 days from death when making the initial verbal request.
• The patient gives a written request to the provider, signed in front of one qualified, adult witness. (The law sets out the specific form that the patient must use.)
• The prescribing provider and one other health care provider confirm the patient's diagnosis and prognosis.
• The prescribing provider and one other provider determine that the patient is capable of making medical decisions.
• The patient has a psychological examination, if either provider feels the patient's judgment is impaired.
• The prescribing provider confirms that the patient is not being coerced or unduly influenced by others when making the request.
• The prescribing provider informs the patient of any feasible alternatives to the medication, including care to relieve pain and keep the patient comfortable.
• The prescribing provider asks the patient to notify their next of kin of the prescription request.
• The prescribing provider offers the patient the opportunity to withdraw the request for aid-in-dying medication before granting the prescription.

To use the medication, the patient must be able to ingest it on their own. A doctor or other person who administers the lethal medication may face criminal charges.

In addition, no other person—such as a surrogate decision-maker or an attorney-in-fact for health care—may make a request for aid-in-dying medication on behalf of the patient. And the patient may not request medical aid in dying through an advance health care directive.

You can read the full text of Wisconsin's Our Care, Our Options Act on the Wisconsin legislature's website.

Learn More

To find out more about the history and current status of medical aid in dying laws in the United States, visit the website of the Death With Dignity National Center.

For information about appointing a health care agent and making known your own wishes for medical care at the end of life, see the Living Wills & Medical Powers of Attorney section of Nolo.com.

Updated March 7, 2024