This legislation allows a terminally ill, mentally capable adult, with a prognosis of six months or less to live, the option to request, obtain and take medication — should they choose — to die peacefully in their sleep if their suffering becomes unbearable.
The bill is modeled after the Oregon Death with Dignity Act, which has been in practice for 25 years without a single instance of abuse or coercion.
Eligibility Criteria
Just like the Oregon Death with Dignity Act, to be eligible, a person must be:
-
An adult, aged 18 or older,
-
Terminally ill with a prognosis of 6 months or less to live, and
-
Mentally capable of making an informed healthcare decision.
Individuals are not eligible for medical aid in dying solely because of age or disability.
Key Provisions
-
The individual must be able to self-administer the medication. Self-administration does not include administration by intravenous (IV) injection or infusion of the patient by another person, including a healthcare provider.
-
Two healthcare providers must confirm that the person is terminally ill with a prognosis of six months or less to live, mentally capable and not being coerced.
-
A terminally ill person can withdraw their request for medication, not take the medication once they have it or otherwise change their mind at any point.
-
The attending healthcare provider must inform the requesting individual about all of their end-of-life care options, including comfort care, hospice and pain control.
-
There is a mandatory mental health evaluation if either healthcare provider has concerns about the patient’s capacity to make an informed health care decision; the prescription can’t be written until the mental health provider confirms capacity.
-
Healthcare providers who participate and comply with all aspects of the law are given civil and criminal immunity.
-
Anyone attempting to coerce a patient will face criminal prosecution.
-
Life insurance payments cannot be denied to family members of those who use the law.
-
No physician, health provider or pharmacist is required to participate.
-
Unused medication must be disposed of according to the guidelines specified by the U.S. Drug Enforcement Agency.
Additional Regulatory Requirements
-
The individual must make two separate requests for the medication, with a 15-day waiting period between the first and second request.
-
A written request is also required. Two people must witness the written request, one of whom cannot be a relative or someone who stands to benefit from the person’s estate.
-
Prescribing healthcare providers must comply with medical record documentation requirements and make records available to the state department of health.
-
The state department of health is required to issue a publicly available annual report. Identifying information about individual patients and doctors is kept confidential.
Additional Information About the Bill:
Primary Sponsor:
-
Rep. Matt Pierce (Democrat)
