Bill Text: NY A02129 | 2015-2016 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Establishes the New York end of life options act; authorizes the prescription of aid-in-dying medication to individuals with terminal illnesses; terminal illness means incurable and irreversible illness that has been medically confirmed that will result in death within six months; form must be signed by the qualified individual and by two witnesses; no liability or sanctions where the health care provider participates in good faith.
Spectrum: Moderate Partisan Bill (Democrat 8-1)
Status: (Introduced - Dead) 2016-01-06 - referred to health [A02129 Detail]
Download: New_York-2015-A02129-Introduced.html
Bill Title: Establishes the New York end of life options act; authorizes the prescription of aid-in-dying medication to individuals with terminal illnesses; terminal illness means incurable and irreversible illness that has been medically confirmed that will result in death within six months; form must be signed by the qualified individual and by two witnesses; no liability or sanctions where the health care provider participates in good faith.
Spectrum: Moderate Partisan Bill (Democrat 8-1)
Status: (Introduced - Dead) 2016-01-06 - referred to health [A02129 Detail]
Download: New_York-2015-A02129-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2129
2015-2016 Regular Sessions
I N A S S E M B L Y
January 15, 2015
___________
Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to establishing "the
death with dignity act"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. This act shall be known and may be cited as "the death with
2 dignity act."
3 S 2. The public health law is amended by adding a new article 28-F to
4 read as follows:
5 ARTICLE 28-F
6 DEATH WITH DIGNITY ACT
7 SECTION 2899-D. DEFINITIONS.
8 2899-E. WRITTEN REQUEST FOR MEDICATION.
9 2899-F. FORM OF THE WRITTEN REQUEST.
10 2899-G. ATTENDING PHYSICIAN RESPONSIBILITIES.
11 2899-H. CONSULTING PHYSICIAN CONFIRMATION.
12 2899-I. COUNSELING REFERRAL.
13 2899-J. INFORMED DECISION.
14 2899-K. FAMILY NOTIFICATION.
15 2899-L. WRITTEN AND ORAL REQUESTS.
16 2899-M. RIGHT TO RESCIND REQUEST.
17 2899-N. WAITING PERIODS.
18 2899-O. MEDICAL RECORD DOCUMENTATION REQUIREMENTS.
19 2899-P. RESIDENCY REQUIREMENT.
20 2899-Q. REPORTING REQUIREMENTS.
21 2899-R. EFFECT ON CONSTRUCTION OF WILLS, CONTRACTS AND STATUTES.
22 2899-S. INSURANCE OR ANNUITY POLICIES.
23 2899-T. CONSTRUCTION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06100-01-5
A. 2129 2
1 2899-U. IMMUNITIES; BASIS FOR PROHIBITING HEALTH CARE PROVIDER
2 FROM PARTICIPATION; NOTIFICATION; PERMISSIBLE SANC-
3 TIONS.
4 2899-V. LIABILITIES.
5 2899-W. CLAIMS BY GOVERNMENTAL ENTITY FOR COSTS INCURRED.
6 2899-X. FORM OF THE REQUEST.
7 2899-Y. PENALTIES.
8 2899-Z. SEVERABILITY.
9 S 2899-D. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING WORDS
10 AND PHRASES SHALL HAVE THE FOLLOWING MEANINGS:
11 1. "ADULT" MEANS AN INDIVIDUAL WHO IS EIGHTEEN YEARS OF AGE OR OLDER.
12 2. "ATTENDING PHYSICIAN" MEANS THE PHYSICIAN WHO HAS PRIMARY RESPONSI-
13 BILITY FOR THE CARE OF THE PATIENT AND TREATMENT OF THE PATIENT'S TERMI-
14 NAL DISEASE.
15 3. "CAPABLE" MEANS THAT IN THE OPINION OF A COURT OR IN THE OPINION OF
16 THE PATIENT'S ATTENDING PHYSICIAN OR CONSULTING PHYSICIAN, PSYCHIATRIST
17 OR PSYCHOLOGIST, A PATIENT HAS THE ABILITY TO MAKE AND COMMUNICATE
18 HEALTH CARE DECISIONS TO HEALTH CARE PROVIDERS, INCLUDING COMMUNICATION
19 THROUGH PERSONS FAMILIAR WITH THE PATIENT'S MANNER OF COMMUNICATING IF
20 THOSE PERSONS ARE AVAILABLE.
21 4. "CONSULTING PHYSICIAN" MEANS A PHYSICIAN WHO IS QUALIFIED BY
22 SPECIALTY OR EXPERIENCE TO MAKE A PROFESSIONAL DIAGNOSIS AND PROGNOSIS
23 REGARDING THE PATIENT'S DISEASE.
24 5. "COUNSELING" MEANS ONE OR MORE CONSULTATIONS AS NECESSARY BETWEEN A
25 STATE LICENSED PSYCHIATRIST OR PSYCHOLOGIST AND A PATIENT FOR THE
26 PURPOSE OF DETERMINING THAT THE PATIENT IS CAPABLE AND NOT SUFFERING
27 FROM A PSYCHIATRIC OR PSYCHOLOGICAL DISORDER OR DEPRESSION CAUSING
28 IMPAIRED JUDGMENT.
29 6. "HEALTH CARE PROVIDER" MEANS A PERSON LICENSED, CERTIFIED OR OTHER-
30 WISE AUTHORIZED OR PERMITTED BY THE LAWS OF THIS STATE TO ADMINISTER
31 HEALTH CARE OR DISPENSE MEDICATION IN THE ORDINARY COURSE OF BUSINESS OR
32 PRACTICE OF A PROFESSION, AND INCLUDES A HEALTH CARE FACILITY.
33 7. "INFORMED DECISION" MEANS A DECISION BY A QUALIFIED PATIENT, TO
34 REQUEST AND OBTAIN A PRESCRIPTION TO END HIS OR HER LIFE IN A HUMANE AND
35 DIGNIFIED MANNER, THAT IS BASED ON AN APPRECIATION OF THE RELEVANT FACTS
36 AND AFTER BEING FULLY INFORMED BY THE ATTENDING PHYSICIAN OF:
37 (A) HIS OR HER MEDICAL DIAGNOSIS;
38 (B) HIS OR HER PROGNOSIS;
39 (C) THE POTENTIAL RISKS ASSOCIATED WITH TAKING THE MEDICATION TO BE
40 PRESCRIBED;
41 (D) THE PROBABLE RESULT OF TAKING THE MEDICATION TO BE PRESCRIBED; AND
42 (E) THE FEASIBLE ALTERNATIVES, INCLUDING, BUT NOT LIMITED TO, COMFORT
43 CARE, HOSPICE CARE AND PAIN CONTROL.
44 8. "MEDICALLY CONFIRMED" MEANS THE MEDICAL OPINION OF THE ATTENDING
45 PHYSICIAN HAS BEEN CONFIRMED BY A CONSULTING PHYSICIAN WHO HAS EXAMINED
46 THE PATIENT AND THE PATIENT'S RELEVANT MEDICAL RECORDS.
47 9. "PATIENT" MEANS A PERSON WHO IS UNDER THE CARE OF A PHYSICIAN.
48 10. "PHYSICIAN" MEANS A DOCTOR OF MEDICINE OR OSTEOPATHY LICENSED TO
49 PRACTICE MEDICINE BY THE STATE BOARD FOR MEDICINE PURSUANT TO ARTICLE
50 ONE HUNDRED THIRTY-ONE OF THE EDUCATION LAW.
51 11. "QUALIFIED PATIENT" MEANS A CAPABLE ADULT WHO IS A RESIDENT OF
52 THIS STATE AND HAS SATISFIED THE REQUIREMENTS OF THIS ARTICLE IN ORDER
53 TO OBTAIN A PRESCRIPTION FOR MEDICATION TO END HIS OR HER LIFE IN A
54 HUMANE AND DIGNIFIED MANNER.
A. 2129 3
1 12. "TERMINAL DISEASE" MEANS AN INCURABLE AND IRREVERSIBLE DISEASE
2 THAT HAS BEEN MEDICALLY CONFIRMED AND WILL, WITHIN REASONABLE MEDICAL
3 JUDGMENT, PRODUCE DEATH WITHIN SIX MONTHS.
4 S 2899-E. WRITTEN REQUEST FOR MEDICATION. 1. AN ADULT WHO IS CAPABLE,
5 IS A RESIDENT OF THIS STATE AND HAS BEEN DETERMINED BY THE ATTENDING
6 PHYSICIAN AND CONSULTING PHYSICIAN TO BE SUFFERING FROM A TERMINAL
7 DISEASE, AND WHO HAS VOLUNTARILY EXPRESSED HIS OR HER WISH TO DIE, MAY
8 MAKE A WRITTEN REQUEST FOR MEDICATION FOR THE PURPOSE OF ENDING HIS OR
9 HER LIFE IN A HUMANE AND DIGNIFIED MANNER IN ACCORDANCE WITH THE
10 PROVISIONS OF THIS ARTICLE.
11 2. NO PERSON SHALL QUALIFY UNDER THE PROVISIONS OF THIS ARTICLE SOLELY
12 BECAUSE OF AGE OR DISABILITY.
13 S 2899-F. FORM OF THE WRITTEN REQUEST. 1. A VALID REQUEST FOR MEDICA-
14 TION UNDER THE PROVISIONS OF THIS ARTICLE SHALL BE IN SUBSTANTIALLY THE
15 FORM DESCRIBED IN SECTION TWENTY-EIGHT HUNDRED NINETY-NINE-X OF THIS
16 ARTICLE SIGNED AND DATED BY THE PATIENT AND WITNESSED BY AT LEAST TWO
17 INDIVIDUALS WHO, IN THE PRESENCE OF THE PATIENT, ATTEST THAT TO THE BEST
18 OF THEIR KNOWLEDGE AND BELIEF THE PATIENT IS CAPABLE, ACTING VOLUNTAR-
19 ILY, AND IS NOT BEING COERCED TO SIGN THE REQUEST.
20 2. ONE OF THE WITNESSES SHALL BE A PERSON WHO IS NOT:
21 (A) A RELATIVE OF THE PATIENT BY BLOOD, MARRIAGE OR ADOPTION;
22 (B) A PERSON WHO AT THE TIME THE REQUEST IS SIGNED WOULD BE ENTITLED
23 TO ANY PORTION OF THE ESTATE OF THE QUALIFIED PATIENT UPON DEATH UNDER
24 ANY WILL OR BY OPERATION OF LAW; OR
25 (C) AN OWNER, OPERATOR OR EMPLOYEE OF A HEALTH CARE FACILITY WHERE THE
26 QUALIFIED PATIENT IS RECEIVING MEDICAL TREATMENT OR IS A RESIDENT.
27 3. THE PATIENT'S ATTENDING PHYSICIAN AT THE TIME THE REQUEST IS SIGNED
28 SHALL NOT BE A WITNESS.
29 4. IF THE PATIENT IS A PATIENT IN A LONG TERM CARE FACILITY AT THE
30 TIME THE WRITTEN REQUEST IS MADE, ONE OF THE WITNESSES SHALL BE AN INDI-
31 VIDUAL DESIGNATED BY THE FACILITY.
32 S 2899-G. ATTENDING PHYSICIAN RESPONSIBILITIES. 1. THE ATTENDING
33 PHYSICIAN SHALL:
34 (A) MAKE THE INITIAL DETERMINATION OF WHETHER A PATIENT HAS A TERMINAL
35 DISEASE, IS CAPABLE, AND HAS MADE THE REQUEST VOLUNTARILY;
36 (B) REQUEST THAT THE PATIENT DEMONSTRATE NEW YORK STATE RESIDENCY;
37 (C) TO ENSURE THAT THE PATIENT IS MAKING AN INFORMED DECISION, INFORM
38 THE PATIENT OF:
39 (I) HIS OR HER MEDICAL DIAGNOSIS;
40 (II) HIS OR HER PROGNOSIS;
41 (III) THE POTENTIAL RISKS ASSOCIATED WITH TAKING THE MEDICATION TO BE
42 PRESCRIBED;
43 (IV) THE PROBABLY RESULT OF TAKING THE MEDICATION TO BE PRESCRIBED;
44 AND
45 (V) THE FEASIBLE ALTERNATIVES, INCLUDING, BUT NOT LIMITED TO, COMFORT
46 CARE, HOSPICE CARE AND PAIN CONTROL;
47 (D) REFER THE PATIENT TO A CONSULTING PHYSICIAN FOR MEDICAL CONFIRMA-
48 TION OF THE DIAGNOSIS, AND FOR A DETERMINATION THAT THE PATIENT IS CAPA-
49 BLE AND ACTING VOLUNTARILY;
50 (E) REFER THE PATIENT FOR COUNSELING, IF APPROPRIATE, PURSUANT TO
51 SECTION TWENTY-EIGHT HUNDRED NINETY-NINE-I OF THIS ARTICLE;
52 (F) RECOMMEND THAT THE PATIENT NOTIFY NEXT OF KIN;
53 (G) COUNSEL THE PATIENT ABOUT THE IMPORTANCE OF HAVING ANOTHER PERSON
54 PRESENT WHEN THE PATIENT TAKES THE MEDICATION PRESCRIBED PURSUANT TO THE
55 PROVISIONS OF THIS ARTICLE AND OF NOT TAKING THE MEDICATION IN A PUBLIC
56 PLACE;
A. 2129 4
1 (H) INFORM THE PATIENT THAT HE OR SHE HAS AN OPPORTUNITY TO RESCIND
2 THE REQUEST AT ANY TIME AND IN ANY MANNER, AND OFFER THE PATIENT AN
3 OPPORTUNITY TO RESCIND AT THE END OF THE FIFTEEN DAY WAITING PERIOD
4 PURSUANT TO SECTION TWENTY-EIGHT HUNDRED NINETY-NINE-L OF THIS ARTICLE;
5 (I) VERIFY, IMMEDIATELY PRIOR TO WRITING THE PRESCRIPTION FOR MEDICA-
6 TION UNDER THE PROVISIONS OF THIS ARTICLE, THAT THE PATIENT IS MAKING AN
7 INFORMED DECISION;
8 (J) FULFILL THE MEDICAL RECORD DOCUMENTATION REQUIREMENTS OF SECTION
9 TWENTY-EIGHT HUNDRED NINETY-NINE-O OF THIS ARTICLE;
10 (K) ENSURE THAT ALL APPROPRIATE STEPS ARE CARRIED OUT IN ACCORDANCE
11 WITH THE PROVISIONS OF THIS ARTICLE PRIOR TO WRITING A PRESCRIPTION FOR
12 MEDICATION TO ENABLE A QUALIFIED PATIENT TO END HIS OR HER LIFE IN A
13 HUMANE AND DIGNIFIED MANNER; AND
14 (L) (I) DISPENSE MEDICATIONS DIRECTLY, INCLUDING ANCILLARY MEDICATIONS
15 INTENDED TO FACILITATE THE DESIRED EFFECT TO MINIMIZE THE PATIENT'S
16 DISCOMFORT, PROVIDED THE ATTENDING PHYSICIAN, HAS A CURRENT DRUG
17 ENFORCEMENT ADMINISTRATION CERTIFICATE AND COMPLIES WITH ANY APPLICABLE
18 RULE OR REGULATION; OR
19 (II) WITH THE PATIENT'S WRITTEN CONSENT:
20 (A) CONTACT A PHARMACIST AND INFORM THE PHARMACIST OF THE
21 PRESCRIPTION; AND
22 (B) DELIVER THE WRITTEN PRESCRIPTION PERSONALLY OR BY MAIL TO THE
23 PHARMACIST, WHO WILL DISPENSE THE MEDICATIONS TO EITHER THE PATIENT, THE
24 ATTENDING PHYSICIAN OR AN EXPRESSLY IDENTIFIED AGENT OF THE PATIENT.
25 2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE ATTENDING PHYSICIAN
26 MAY SIGN THE PATIENT'S DEATH CERTIFICATE.
27 S 2899-H. CONSULTING PHYSICIAN CONFIRMATION. BEFORE A PATIENT IS QUAL-
28 IFIED UNDER THE PROVISIONS OF THIS ARTICLE, A CONSULTING PHYSICIAN SHALL
29 EXAMINE THE PATIENT AND HIS OR HER RELEVANT MEDICAL RECORDS AND CONFIRM,
30 IN WRITING, THE ATTENDING PHYSICIAN'S DIAGNOSIS THAT THE PATIENT IS
31 SUFFERING FROM A TERMINAL DISEASE, AND VERIFY THAT THE PATIENT IS CAPA-
32 BLE, IS ACTING VOLUNTARILY AND HAS MADE AN INFORMED DECISION.
33 S 2899-I. COUNSELING REFERRAL. IF IN THE OPINION OF THE ATTENDING
34 PHYSICIAN OR THE CONSULTING PHYSICIAN A PATIENT MAY BE SUFFERING FROM A
35 PSYCHIATRIC OR PSYCHOLOGICAL DISORDER OR DEPRESSION CAUSING IMPAIRED
36 JUDGMENT, EITHER PHYSICIAN SHALL REFER THE PATIENT FOR COUNSELING. NO
37 MEDICATION TO END A PATIENT'S LIFE IN A HUMANE AND DIGNIFIED MANNER
38 SHALL BE PRESCRIBED UNTIL THE PERSON PERFORMING THE COUNSELING DETER-
39 MINES THAT THE PATIENT IS NOT SUFFERING FROM A PSYCHIATRIC OR PSYCHOLOG-
40 ICAL DISORDER OR DEPRESSION CAUSING IMPAIRED JUDGMENT.
41 S 2899-J. INFORMED DECISION. NO PERSON SHALL RECEIVE A PRESCRIPTION
42 FOR MEDICATION TO END HIS OR HER LIFE IN A HUMANE AND DIGNIFIED MANNER
43 UNLESS HE OR SHE HAS MADE AN INFORMED DECISION AS DEFINED IN SUBDIVISION
44 SEVEN OF SECTION TWENTY-EIGHT HUNDRED NINETY-NINE-D OF THIS ARTICLE.
45 IMMEDIATELY PRIOR TO WRITING A PRESCRIPTION FOR MEDICATION UNDER THE
46 PROVISIONS OF THIS ARTICLE, THE ATTENDING PHYSICIAN SHALL VERIFY THAT
47 THE PATIENT IS MAKING AN INFORMED DECISION.
48 S 2899-K. FAMILY NOTIFICATION. THE ATTENDING PHYSICIAN SHALL RECOMMEND
49 THAT THE PATIENT NOTIFY THE NEXT OF KIN OF HIS OR HER REQUEST FOR MEDI-
50 CATION PURSUANT TO THE PROVISIONS OF THIS ARTICLE. A PATIENT WHO
51 DECLINES OR IS UNABLE TO NOTIFY NEXT OF KIN SHALL NOT HAVE HIS OR HER
52 REQUEST DENIED FOR THAT REASON.
53 S 2899-L. WRITTEN AND ORAL REQUESTS. IN ORDER TO RECEIVE A
54 PRESCRIPTION FOR MEDICATION TO END HIS OR HER LIFE IN A HUMANE AND
55 DIGNIFIED MANNER, A QUALIFIED PATIENT SHALL HAVE MADE AN ORAL REQUEST
56 AND A WRITTEN REQUEST, AND REITERATE THE ORAL REQUEST TO HIS OR HER
A. 2129 5
1 ATTENDING PHYSICIAN NO LESS THAN FIFTEEN DAYS AFTER MAKING THE INITIAL
2 ORAL REQUEST. AT THE TIME THE QUALIFIED PATIENT MAKES HIS OR HER SECOND
3 ORAL REQUEST, THE ATTENDING PHYSICIAN SHALL OFFER THE PATIENT AN OPPOR-
4 TUNITY TO RESCIND THE REQUEST.
5 S 2899-M. RIGHT TO RESCIND REQUEST. A PATIENT MAY RESCIND HIS OR HER
6 REQUEST AT ANY TIME AND IN ANY MANNER WITHOUT REGARD TO HIS OR HER
7 MENTAL STATE. NO PRESCRIPTION FOR MEDICATION UNDER THE PROVISIONS OF
8 THIS ARTICLE MAY BE WRITTEN WITHOUT THE ATTENDING PHYSICIAN OFFERING THE
9 QUALIFIED PATIENT AN OPPORTUNITY TO RESCIND THE REQUEST.
10 S 2899-N. WAITING PERIODS. NO LESS THAN FIFTEEN DAYS SHALL ELAPSE
11 BETWEEN THE PATIENT'S INITIAL ORAL REQUEST AND THE WRITING OF A
12 PRESCRIPTION UNDER THE PROVISIONS OF THIS ARTICLE. NO LESS THAN
13 FORTY-EIGHT HOURS SHALL ELAPSE BETWEEN THE PATIENT'S WRITTEN REQUEST AND
14 THE WRITING OF A PRESCRIPTION UNDER THE PROVISIONS OF THIS ARTICLE.
15 S 2899-O. MEDICAL RECORD DOCUMENTATION REQUIREMENTS. THE FOLLOWING
16 SHALL BE DOCUMENTED OR FILED IN THE PATIENT'S MEDICAL RECORD:
17 1. ALL ORAL REQUESTS BY A PATIENT FOR MEDICATION TO END HIS OR HER
18 LIFE IN A HUMANE AND DIGNIFIED MANNER;
19 2. ALL WRITTEN REQUESTS BY A PATIENT FOR MEDICATION TO END HIS OR HER
20 LIFE IN A HUMANE AND DIGNIFIED MANNER;
21 3. THE ATTENDING PHYSICIAN'S DIAGNOSIS AND PROGNOSIS, DETERMINATION
22 THAT THE PATIENT IS CAPABLE, ACTING VOLUNTARILY AND HAS MADE AN INFORMED
23 DECISION;
24 4. THE CONSULTING PHYSICIAN'S DIAGNOSIS AND PROGNOSIS, AND VERIFICA-
25 TION THAT THE PATIENT IS CAPABLE, ACTING VOLUNTARILY AND HAS MADE AN
26 INFORMED DECISION;
27 5. A REPORT OF THE OUTCOME AND DETERMINATIONS MADE DURING COUNSELING,
28 IF PERFORMED;
29 6. THE ATTENDING PHYSICIAN'S OFFER TO THE PATIENT TO RESCIND HIS OR
30 HER REQUEST AT THE TIME OF THE PATIENT'S SECOND ORAL REQUEST PURSUANT TO
31 SECTION TWENTY-EIGHT HUNDRED NINETY-NINE-I OF THIS ARTICLE; AND
32 7. A NOTE BY THE ATTENDING PHYSICIAN INDICATING THAT ALL REQUIREMENTS
33 UNDER THE PROVISIONS OF THIS ARTICLE HAVE BEEN MET AND INDICATING THE
34 STEPS TAKEN TO CARRY OUT THE REQUEST, INCLUDING A NOTATION OF THE MEDI-
35 CATION PRESCRIBED.
36 S 2899-P. RESIDENCY REQUIREMENT. ONLY REQUESTS MADE BY NEW YORK STATE
37 RESIDENTS UNDER THE PROVISIONS OF THIS ARTICLE SHALL BE GRANTED. FACTORS
38 DEMONSTRATING NEW YORK STATE RESIDENCY SHALL INCLUDE BUT SHALL NOT BE
39 LIMITED TO:
40 1. POSSESSION OF A NEW YORK STATE DRIVER'S LICENSE;
41 2. REGISTRATION TO VOTE IN NEW YORK STATE;
42 3. EVIDENCE THAT THE PERSON OWNS OR LEASES PROPERTY IN NEW YORK STATE;
43 OR
44 4. FILING OF A NEW YORK STATE TAX RETURN FOR THE MOST RECENT TAX YEAR.
45 S 2899-Q. REPORTING REQUIREMENTS. 1. (A) THE STATE BOARD FOR MEDICINE
46 SHALL ANNUALLY REVIEW A SAMPLE OF RECORDS MAINTAINED PURSUANT TO THE
47 PROVISIONS OF THIS ARTICLE.
48 (B) THE STATE BOARD FOR MEDICINE SHALL REQUIRE ANY HEALTH CARE PROVID-
49 ER UPON DISPENSING MEDICATION PURSUANT TO THE PROVISIONS OF THIS ARTICLE
50 TO FILE A COPY OF THE DISPENSING RECORD WITH THE STATE BOARD FOR MEDI-
51 CINE.
52 2. THE STATE BOARD FOR MEDICINE SHALL MAKE RULES TO FACILITATE THE
53 COLLECTION OF INFORMATION REGARDING COMPLIANCE WITH THE PROVISIONS OF
54 THIS ARTICLE. EXCEPT AS OTHERWISE REQUIRED BY LAW, THE INFORMATION
55 COLLECTED SHALL NOT BE A PUBLIC RECORD AND MAY NOT BE MADE AVAILABLE FOR
56 INSPECTION BY THE PUBLIC.
A. 2129 6
1 3. THE STATE BOARD FOR MEDICINE SHALL GENERATE AND MAKE AVAILABLE TO
2 THE PUBLIC AN ANNUAL STATISTICAL REPORT OF INFORMATION COLLECTED UNDER
3 SUBDIVISION TWO OF THIS SECTION.
4 S 2899-R. EFFECT ON CONSTRUCTION OF WILLS, CONTRACTS AND STATUTES. 1.
5 NO PROVISION IN A CONTRACT, WILL OR OTHER AGREEMENT, WHETHER WRITTEN OR
6 ORAL, TO THE EXTENT THE PROVISION WOULD AFFECT WHETHER A PERSON MAY MAKE
7 OR RESCIND A REQUEST FOR MEDICATION TO END HIS OR HER LIFE IN A HUMANE
8 AND DIGNIFIED MANNER, SHALL BE VALID.
9 2. NO OBLIGATION OWING UNDER ANY CURRENTLY EXISTING CONTRACT SHALL BE
10 CONDITIONED OR AFFECTED BY THE MAKING OR RESCINDING OF A REQUEST, BY A
11 PERSON, FOR MEDICATION TO END HIS OR HER LIFE IN A HUMANE AND DIGNIFIED
12 MANNER.
13 S 2899-S. INSURANCE OR ANNUITY POLICIES. THE SALE, PROCUREMENT, OR
14 ISSUANCE OF ANY LIFE, HEALTH, OR ACCIDENT INSURANCE OR ANNUITY POLICY OR
15 THE RATE CHARGED FOR ANY POLICY SHALL NOT BE CONDITIONED UPON OR
16 AFFECTED BY THE MAKING OR RESCINDING OF A REQUEST, BY A PERSON, FOR
17 MEDICATION TO END HIS OR HER LIFE IN A HUMANE AND DIGNIFIED MANNER.
18 NEITHER SHALL A QUALIFIED PATIENT'S ACT OF INGESTING MEDICATION TO END
19 HIS OR HER LIFE IN A HUMANE AND DIGNIFIED MANNER HAVE AN EFFECT UPON A
20 LIFE, HEALTH, OR ACCIDENT INSURANCE OR ANNUITY POLICY.
21 S 2899-T. CONSTRUCTION. THE PROVISIONS OF THIS ARTICLE SHALL NOT BE
22 CONSTRUED TO AUTHORIZE A PHYSICIAN OR ANY OTHER PERSON TO END A
23 PATIENT'S LIFE BY LETHAL INJECTION, MERCY KILLING OR ACTIVE EUTHANASIA.
24 ACTIONS TAKEN IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE SHALL
25 NOT, FOR ANY PURPOSE, CONSTITUTE SUICIDE, ASSISTED SUICIDE, MANSLAUGHT-
26 ER, MURDER OR HOMICIDE, UNDER THE LAW.
27 S 2899-U. IMMUNITIES; BASIS FOR PROHIBITING HEALTH CARE PROVIDER FROM
28 PARTICIPATION; NOTIFICATION; PERMISSIBLE SANCTIONS. 1. NO PERSON SHALL
29 BE SUBJECT TO CIVIL OR CRIMINAL LIABILITY OR PROFESSIONAL DISCIPLINARY
30 ACTION FOR PARTICIPATING IN GOOD FAITH COMPLIANCE WITH THE PROVISIONS OF
31 THIS ARTICLE. THIS INCLUDES BEING PRESENT WHEN A QUALIFIED PATIENT TAKES
32 THE PRESCRIBED MEDICATION TO END HIS OR HER LIFE IN A HUMANE AND DIGNI-
33 FIED MANNER.
34 2. NO PROFESSIONAL ORGANIZATION OR ASSOCIATION, OR HEALTH CARE PROVID-
35 ER, MAY SUBJECT A PERSON TO CENSURE, DISCIPLINE, SUSPENSION, LOSS OF
36 LICENSE, LOSS OF PRIVILEGES, LOSS OF MEMBERSHIP OR OTHER PENALTY FOR
37 PARTICIPATING OR REFUSING TO PARTICIPATE IN GOOD FAITH COMPLIANCE WITH
38 THE PROVISIONS OF THIS ARTICLE.
39 3. NO REQUEST BY A PATIENT FOR OR PROVISION BY AN ATTENDING PHYSICIAN
40 OF MEDICATION IN GOOD FAITH COMPLIANCE WITH THE PROVISIONS OF THIS ARTI-
41 CLE SHALL CONSTITUTE NEGLECT FOR ANY PURPOSE OF LAW OR PROVIDE THE SOLE
42 BASIS FOR THE APPOINTMENT OF A GUARDIAN OR CONSERVATOR.
43 4. NO HEALTH CARE PROVIDER SHALL BE UNDER ANY DUTY, WHETHER BY
44 CONTRACT, BY STATUTE OR BY ANY OTHER LEGAL REQUIREMENT TO PARTICIPATE IN
45 THE PROVISION TO A QUALIFIED PATIENT OF MEDICATION TO END HIS OR HER
46 LIFE IN A HUMANE AND DIGNIFIED MANNER. IF A HEALTH CARE PROVIDER IS
47 UNABLE OR UNWILLING TO CARRY OUT A PATIENT'S REQUEST UNDER THE
48 PROVISIONS OF THIS ARTICLE, AND THE PATIENT TRANSFERS HIS OR HER CARE TO
49 A NEW HEALTH CARE PROVIDER, THE PRIOR HEALTH CARE PROVIDER SHALL TRANS-
50 FER, UPON REQUEST, A COPY OF THE PATIENT'S RELEVANT MEDICAL RECORDS TO
51 THE NEW HEALTH CARE PROVIDER.
52 5. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A HEALTH CARE
53 PROVIDER MAY PROHIBIT ANOTHER HEALTH CARE PROVIDER FROM PARTICIPATING IN
54 THE PROVISIONS OF THIS ARTICLE ON THE PREMISES OF THE PROHIBITING
55 PROVIDER IF THE PROHIBITING PROVIDER HAS NOTIFIED THE HEALTH CARE
56 PROVIDER OF THE PROHIBITING PROVIDER'S POLICY REGARDING PARTICIPATING IN
A. 2129 7
1 THE PROVISIONS OF THIS ARTICLE. NOTHING IN THIS SUBDIVISION PREVENTS A
2 HEALTH CARE PROVIDER FROM PROVIDING TO A PATIENT, HEALTH CARE SERVICES
3 THAT DO NOT CONSTITUTE PARTICIPATION IN THE PROVISIONS OF THIS ARTICLE.
4 (B) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS ONE, TWO, THREE AND
5 FOUR OF THIS SECTION, A HEALTH CARE PROVIDER MAY SUBJECT ANOTHER HEALTH
6 CARE PROVIDER TO THE SANCTIONS STATED IN THIS SUBDIVISION IF THE SANC-
7 TIONING HEALTH CARE PROVIDER HAS NOTIFIED THE SANCTIONED PROVIDER PRIOR
8 TO PARTICIPATION IN THE PROVISIONS OF THIS ARTICLE THAT IT PROHIBITS
9 PARTICIPATION IN THE PROVISIONS OF THIS ARTICLE.
10 (I) LOSS OF PRIVILEGES, LOSS OF MEMBERSHIP OR OTHER SANCTION PROVIDED
11 PURSUANT TO THE MEDICAL STAFF BYLAWS, POLICIES AND PROCEDURES OF THE
12 SANCTIONING HEALTH CARE PROVIDER IF THE SANCTIONED PROVIDER IS A MEMBER
13 OF THE SANCTIONING PROVIDER'S MEDICAL STAFF AND PARTICIPATES IN THE
14 PROVISIONS OF THIS ARTICLE WHILE ON THE HEALTH CARE FACILITY PREMISES,
15 OF THE SANCTIONING HEALTH CARE PROVIDER, BUT NOT INCLUDING THE PRIVATE
16 MEDICAL OFFICE OF A PHYSICIAN OR OTHER PROVIDER;
17 (II) TERMINATION OF LEASE OR OTHER PROPERTY CONTRACT OR OTHER NONMONE-
18 TARY REMEDIES PROVIDED BY LEASE CONTRACT, NOT INCLUDING LOSS OR
19 RESTRICTION OF MEDICAL STAFF PRIVILEGES OR EXCLUSION FROM A PROVIDER
20 PANEL, IF THE SANCTIONED PROVIDER PARTICIPATES IN THE PROVISIONS OF THIS
21 ARTICLE WHILE ON THE PREMISES OF THE SANCTIONING HEALTH CARE PROVIDER OR
22 ON PROPERTY THAT IS OWNED BY OR UNDER THE DIRECT CONTROL OF THE SANC-
23 TIONING HEALTH CARE PROVIDER; OR
24 (III) TERMINATION OF CONTRACT OR OTHER NONMONETARY REMEDIES PROVIDED
25 BY CONTRACT IF THE SANCTIONED PROVIDER PARTICIPATES IN THE PROVISIONS OF
26 THIS ARTICLE WHILE ACTING IN THE COURSE AND SCOPE OF THE SANCTIONED
27 PROVIDER'S CAPACITY AS AN EMPLOYEE OR INDEPENDENT CONTRACTOR OF THE
28 SANCTIONING HEALTH CARE PROVIDER. NOTHING IN THIS PARAGRAPH SHALL BE
29 CONSTRUED TO PREVENT:
30 (A) A HEALTH CARE PROVIDER FROM PARTICIPATING IN THE PROVISIONS OF
31 THIS ARTICLE WHILE ACTING OUTSIDE THE COURSE AND SCOPE OF THE PROVIDER'S
32 CAPACITY AS AN EMPLOYEE OR INDEPENDENT CONTRACTOR; OR
33 (B) A PATIENT FROM CONTRACTING WITH HIS OR HER ATTENDING PHYSICIAN AND
34 CONSULTING PHYSICIAN TO ACT OUTSIDE THE COURSE AND SCOPE OF THE PROVID-
35 ER'S CAPACITY AS AN EMPLOYEE OR INDEPENDENT CONTRACTOR OF THE SANCTION-
36 ING HEALTH CARE PROVIDER.
37 (C) A HEALTH CARE PROVIDER THAT IMPOSES SANCTIONS PURSUANT TO PARA-
38 GRAPH (B) OF THIS SUBDIVISION MUST FOLLOW ALL DUE PROCESS AND OTHER
39 PROCEDURES THE SANCTIONING HEALTH CARE PROVIDER MAY HAVE THAT ARE
40 RELATED TO THE IMPOSITION OF SANCTIONS ON ANOTHER HEALTH CARE PROVIDER.
41 (D) FOR PURPOSES OF THIS SUBDIVISION:
42 (I) "NOTIFY" MEANS A SEPARATE STATEMENT IN WRITING TO THE HEALTH CARE
43 PROVIDER SPECIFICALLY INFORMING THE HEALTH CARE PROVIDER PRIOR TO THE
44 PROVIDER'S PARTICIPATION IN THE PROVISIONS OF THIS ARTICLE OF THE SANC-
45 TIONING HEALTH CARE PROVIDER'S POLICY ABOUT PARTICIPATION IN ACTIVITIES
46 COVERED BY THE PROVISIONS OF THIS ARTICLE.
47 (II) "PARTICIPATE IN THE PROVISIONS OF THIS ARTICLE" MEANS TO PERFORM
48 THE DUTIES OF AN ATTENDING PHYSICIAN PURSUANT TO SECTION TWENTY-EIGHT
49 HUNDRED NINETY-NINE-G OF THIS ARTICLE; THE CONSULTING PHYSICIAN FUNCTION
50 PURSUANT TO SECTION TWENTY-EIGHT HUNDRED NINETY-NINE-H OF THIS ARTICLE,
51 OR THE COUNSELING FUNCTION PURSUANT TO SECTION TWENTY-EIGHT HUNDRED
52 NINETY-NINE-I OF THIS ARTICLE. "PARTICIPATE IN THE PROVISIONS OF THIS
53 ARTICLE" DOES NOT INCLUDE:
54 (A) MAKING AN INITIAL DETERMINATION THAT A PATIENT HAS A TERMINAL
55 DISEASE AND INFORMING THE PATIENT OF THE MEDICAL PROGNOSIS;
A. 2129 8
1 (B) PROVIDING INFORMATION ABOUT THE DEATH WITH DIGNITY ACT TO A
2 PATIENT UPON THE REQUEST OF THE PATIENT;
3 (C) PROVIDING A PATIENT, UPON THE REQUEST OF THE PATIENT, WITH A
4 REFERRAL TO ANOTHER PHYSICIAN; OR
5 (D) A PATIENT CONTRACTING WITH HIS OR HER ATTENDING PHYSICIAN AND
6 CONSULTING PHYSICIAN TO ACT OUTSIDE OF THE COURSE AND SCOPE OF THE
7 PROVIDER'S CAPACITY AS AN EMPLOYEE OR INDEPENDENT CONTRACTOR OF THE
8 SANCTIONING HEALTH CARE PROVIDER.
9 6. ACTION TAKEN PURSUANT TO SECTION TWENTY-EIGHT HUNDRED
10 NINETY-NINE-F, TWENTY-EIGHT HUNDRED NINETY-NINE-G, TWENTY-EIGHT HUNDRED
11 NINETY-NINE-H, OR TWENTY-EIGHT HUNDRED NINETY-NINE-I SHALL NOT BE THE
12 SOLE BASIS FOR A REPORT OF UNPROFESSIONAL OR DISHONORABLE CONDUCT UNDER
13 ARTICLE ONE HUNDRED THIRTY-ONE-A OF THE EDUCATION LAW.
14 7. NO PROVISION OF THE PROVISIONS OF THIS ARTICLE SHALL BE CONSTRUED
15 TO ALLOW A LOWER STANDARD OF CARE FOR PATIENTS IN THE COMMUNITY WHERE
16 THE PATIENT IS TREATED OR A SIMILAR COMMUNITY.
17 S 2899-V. LIABILITIES. 1. A PERSON WHO WITHOUT AUTHORIZATION OF THE
18 PATIENT WILLFULLY ALTERS OR FORGES A REQUEST FOR MEDICATION OR CONCEALS
19 OR DESTROYS A RESCISSION OF THAT REQUEST WITH THE INTENT OR EFFECT OF
20 CAUSING THE PATIENT'S DEATH SHALL BE GUILTY OF A CLASS A FELONY.
21 2. A PERSON WHO COERCES OR EXERTS UNDUE INFLUENCE ON A PATIENT TO
22 REQUEST MEDICATION FOR THE PURPOSE OF ENDING THE PATIENT'S LIFE, OR TO
23 DESTROY A RESCISSION OF SUCH A REQUEST, SHALL BE GUILTY OF A CLASS A
24 FELONY.
25 3. NOTHING IN THE PROVISIONS OF THIS ARTICLE LIMITS FURTHER LIABILITY
26 FOR CIVIL DAMAGES RESULTING FROM OTHER NEGLIGENT CONDUCT OR INTENTIONAL
27 MISCONDUCT BY ANY PERSON.
28 4. THE PENALTIES IN THE PROVISIONS OF THIS ARTICLE DO NOT PRECLUDE
29 CRIMINAL PENALTIES APPLICABLE UNDER OTHER LAW FOR CONDUCT WHICH IS
30 INCONSISTENT WITH THE PROVISIONS OF THIS ARTICLE.
31 S 2899-W. CLAIMS BY GOVERNMENTAL ENTITY FOR COSTS INCURRED. ANY
32 GOVERNMENTAL ENTITY THAT INCURS COSTS RESULTING FROM A PERSON TERMINAT-
33 ING HIS OR HER LIFE PURSUANT TO THE PROVISIONS OF THIS ARTICLE IN A
34 PUBLIC PLACE SHALL HAVE A CLAIM AGAINST THE ESTATE OF THE PERSON TO
35 RECOVER SUCH COSTS AND REASONABLE ATTORNEY FEES RELATED TO ENFORCING THE
36 CLAIM.
37 S 2899-X. FORM OF THE REQUEST. A REQUEST FOR A MEDICATION AS AUTHOR-
38 IZED BY THE PROVISIONS OF THIS ARTICLE SHALL BE IN SUBSTANTIALLY THE
39 FOLLOWING FORM:
40 REQUEST FOR MEDICATION
41 TO END MY LIFE IN A HUMANE
42 AND DIGNIFIED MANNER
43 I, ______________________, AM AN ADULT OF SOUND MIND.
44 I AM SUFFERING FROM _____________, WHICH MY ATTENDING PHYSICIAN HAS
45 DETERMINED IS A TERMINAL DISEASE AND WHICH HAS BEEN MEDICALLY CONFIRMED
46 BY A CONSULTING PHYSICIAN.
47 I HAVE BEEN FULLY INFORMED OF MY DIAGNOSIS, PROGNOSIS, THE NATURE OF
48 MEDICATION TO BE PRESCRIBED AND POTENTIAL ASSOCIATED RISKS, THE EXPECTED
49 RESULT, AND THE FEASIBLE ALTERNATIVES, INCLUDING COMFORT CARE, HOSPICE
50 CARE AND PAIN CONTROL.
51 I REQUEST THAT MY ATTENDING PHYSICIAN PRESCRIBE MEDICATION THAT WILL END
52 MY LIFE IN A HUMANE AND DIGNIFIED MANNER.
53 INITIAL ONE:
A. 2129 9
1 ___ I HAVE INFORMED MY FAMILY OF MY DECISION AND TAKEN THEIR OPINIONS
2 INTO CONSIDERATION.
3 ___ I HAVE DECIDED NOT TO INFORM MY FAMILY OF MY DECISION.
4 ___ I HAVE NO FAMILY TO INFORM OF MY DECISION.
5 I UNDERSTAND THAT I HAVE THE RIGHT TO RESCIND THIS REQUEST AT ANY TIME.
6 I UNDERSTAND THE FULL IMPORT OF THIS REQUEST AND I EXPECT TO DIE WHEN I
7 TAKE THE MEDICATION TO BE PRESCRIBED. I FURTHER UNDERSTAND THAT ALTHOUGH
8 MOST DEATHS OCCUR WITHIN THREE HOURS, MY DEATH MAY TAKE LONGER AND MY
9 PHYSICIAN HAS COUNSELED ME ABOUT THIS POSSIBILITY.
10 I MAKE THIS REQUEST VOLUNTARILY AND WITHOUT RESERVATION, AND I ACCEPT
11 FULL MORAL RESPONSIBILITY FOR MY ACTIONS.
12 SIGNED: __________
13 DATED: __________
14 DECLARATION OF WITNESSES
15 WE DECLARE THAT THE PERSON SIGNING THIS REQUEST:
16 (A) IS PERSONALLY KNOWN TO US OR HAS PROVIDED PROOF OF IDENTIFY;
17 (B) SIGNED THIS REQUEST IN OUR PRESENCE;
18 (C) APPEARS TO BE OF SOUND MIND AND NOT UNDER DURESS, FRAUD OR UNDUE
19 INFLUENCE;
20 (D) IS NOT A PATIENT FOR WHOM EITHER OF US IS ATTENDING PHYSICIAN.
21 __________ WITNESS 1/DATE
22 __________ WITNESS 2/DATE
23 NOTE: ONE WITNESS SHALL NOT BE A RELATIVE (BY BLOOD, MARRIAGE OR
24 ADOPTION) OF THE PERSON SIGNING THIS REQUEST, SHALL NOT BE ENTITLED TO
25 ANY PORTION OF THE PERSON'S ESTATE UPON DEATH AND SHALL NOT OWN, OPERATE
26 OR BE EMPLOYED AT A HEALTH CARE FACILITY WHERE THE PERSON IS A PATIENT
27 OR RESIDENT. IF THE PATIENT IS AN INPATIENT AT A HEALTH CARE FACILITY,
28 ONE OF THE WITNESSES SHALL BE AN INDIVIDUAL DESIGNATED BY THE FACILITY.
29 S 2899-Y. PENALTIES. 1. IT SHALL BE A CLASS A FELONY FOR A PERSON
30 WITHOUT AUTHORIZATION OF THE PRINCIPAL TO WILLFULLY ALTER, FORGE,
31 CONCEAL OR DESTROY AN INSTRUMENT, THE REINSTATEMENT OR REVOCATION OF AN
32 INSTRUMENT OR ANY OTHER EVIDENCE OR DOCUMENT REFLECTING THE PRINCIPAL'S
33 DESIRES AND INTERESTS, WITH THE INTENT AND EFFECT OF CAUSING A WITHHOLD-
34 ING OR WITHDRAWAL OF LIFE-SUSTAINING PROCEDURES OR OF ARTIFICIALLY
35 ADMINISTERED NUTRITION AND HYDRATION WHICH HASTENS THE DEATH OF THE
36 PRINCIPAL.
37 2. EXCEPT AS PROVIDED IN SUBDIVISION ONE OF THIS SECTION, IT SHALL BE
38 A CLASS A MISDEMEANOR FOR A PERSON WITHOUT AUTHORIZATION OF THE PRINCI-
39 PAL TO WILLFULLY ALTER, FORGE, CONCEAL OR DESTROY AN INSTRUMENT, THE
40 REINSTATEMENT OR REVOCATION OF AN INSTRUMENT, OR ANY OTHER EVIDENCE OR
41 DOCUMENT REFLECTING THE PRINCIPAL'S DESIRES AND INTERESTS WITH THE
42 INTENT OR EFFECT OF AFFECTING A HEALTH CARE DECISION.
43 S 2899-Z. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SECTION OR
44 PART OF THIS ARTICLE SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURIS-
45 DICTION TO BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALI-
46 DATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERATION TO
47 THE CLAUSE, SENTENCE, PARAGRAPH, SECTION OR PART THEREOF, DIRECTLY
48 INVOLVED IN THE CONTROVERSY IN WHICH SUCH JUDGEMENT SHALL HAVE BEEN
49 RENDERED.
50 S 3. This act shall take effect on the first of November next succeed-
51 ing the date on which it shall have become a law.
