Bill Text: NY S02045 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to patient self-determination at end of life; authorizes a physician with a bona fide physician-patient relationship with a patient with a terminal illness or condition to prescribe a lethal dose of the medication to be self-administered; defines terminal illness or condition to be an illness or condition which can reasonably be expected to cause death within six months, whether or not treatment is provided; provides immunity to health care providers.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-02-28 - RECOMMIT, ENACTING CLAUSE STRICKEN [S02045 Detail]
Download: New_York-2017-S02045-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2045 2017-2018 Regular Sessions IN SENATE January 11, 2017 ___________ Introduced by Sen. BONACIC -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law, in relation to patient self-det- ermination at end of life 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 "patient 2 self-determination act". 3 § 2. The public health law is amended by adding a new article 28-F to 4 read as follows: 5 ARTICLE 28-F 6 AID IN DYING 7 Section 2899-d. Definitions. 8 2899-e. Written request for medication. 9 2899-f. Written request signed and witnessed. 10 2899-g. Attending physician responsibilities. 11 2899-h. Counseling referral. 12 2899-i. Medical record documentation requirements. 13 2899-j. Residency requirement. 14 2899-k. Protection of health care providers and facilities. 15 2899-l. Relation to other laws and contracts. 16 2899-m. Safe disposal of unused medications. 17 2899-n. Death certificate. 18 2899-o. Reporting. 19 2899-p. Severability. 20 § 2899-d. Definitions. As used in this article: 21 1. "Adult" means an individual who is twenty-one years of age or 22 older. 23 2. "Attending physician" means the physician who has primary responsi- 24 bility for the care of the patient and treatment of the patient's termi- 25 nal disease. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01103-02-7S. 2045 2 1 3. "Capacity" means the ability to understand and appreciate the 2 nature and consequences of health care decisions, including the benefits 3 and risks of and alternatives to any proposed health care, and to reach 4 an informed decision and to communicate health care decisions to a 5 physician, including communication through persons familiar with the 6 patient's manner of communicating if those persons are available. 7 4. "Counseling" means one or more consultations as necessary between a 8 state licensed psychiatrist or psychologist and a patient for the 9 purpose of determining that the patient has capacity and is not suffer- 10 ing from a psychiatric or psychological disorder or depression causing 11 impaired judgment. 12 5. "Health care facility" means a general hospital, nursing home, or 13 residential health care facility as defined in section twenty-eight 14 hundred one of this chapter. 15 6. "Health care provider" means a person or entity licensed, certi- 16 fied, or authorized by law to administer health care or dispense medica- 17 tion in the ordinary course of business or practice of a profession. 18 7. "Impaired judgment" means that a person lacks the ability to under- 19 stand and appreciate the nature and consequences of health care deci- 20 sions, including the benefits and risks of and alternatives to any 21 proposed health care, and to reach an informed decision. 22 8. "Medication" means medication capable of ending and to be used with 23 the intent of ending the patient's life, including any ancillary medica- 24 tion intended to minimize the patient's discomfort. 25 9. "Palliative care" means health care treatment, including interdis- 26 ciplinary end-of-life care, and consultation with patients and family 27 members, to prevent or relieve pain and suffering and to enhance the 28 patient's quality of life, including hospice care under article forty of 29 this chapter. 30 10. "Patient" means a person who is twenty-one years of age or older, 31 a resident of New York state, and under the care of a physician. 32 11. "Physician" means an individual licensed to practice medicine in 33 New York state. 34 12. "Terminal illness or condition" means an illness or condition 35 which can reasonably be expected to cause death within six months, 36 whether or not treatment is provided. 37 § 2899-e. Written request for medication. 1. An adult who has capaci- 38 ty, is a resident of this state, and has been determined by the attend- 39 ing physician and, if applicable, consulting physician to be suffering 40 from a terminal illness or condition, may make a written request for and 41 consent to self-administer medication for the purpose of ending his or 42 her life in accordance with this article. 43 2. No person shall qualify under this article solely because of age or 44 disability. 45 § 2899-f. Written request signed and witnessed. 1. A request for medi- 46 cation under this article shall be signed and dated by the patient and 47 witnessed by at least two individuals who, in the presence of the 48 patient, attest that to the best of their knowledge and belief the 49 patient has capacity, is acting voluntarily, and is not being coerced to 50 sign the request. The department may develop a suggested form for a 51 request under this article. 52 2. One of the witnesses shall be a person who is not: 53 (a) a relative of the patient by blood, marriage or adoption; 54 (b) a person who at the time the request is signed would be entitled 55 to any portion of the estate of the patient upon death under any will or 56 by operation of law; orS. 2045 3 1 (c) an owner, operator or employee of a health care facility where the 2 patient is receiving treatment or is a resident. 3 3. The patient's attending physician or, if applicable, consulting 4 physician at the time the request is signed shall not be a witness. 5 § 2899-g. Attending physician responsibilities. 1. The attending 6 physician shall: 7 (a) make the determination of whether a patient has a terminal illness 8 or condition, has capacity, and has made the request voluntarily; 9 (b) request that the patient demonstrate New York state residency; 10 (c) refer the patient for counseling, if appropriate, under section 11 twenty-eight hundred ninety-nine-h of this article; 12 (d) provide information and counseling under section twenty-nine 13 hundred ninety-seven-c of this chapter; and 14 (e) fulfill the medical record documentation requirements of section 15 twenty-eight hundred ninety-nine-i of this article. 16 2. Subject to section twenty-eight hundred ninety-nine-h of this arti- 17 cle, the attending physician who makes the determination that the 18 patient has a terminal illness or condition, has capacity and has made a 19 request for medication as provided in section twenty-eight hundred nine- 20 ty-nine-e of this article, may personally, or by direction to another 21 physician, prescribe, dispense or order appropriate medication in 22 accordance with the patient's request under this article, and at the 23 patient's request, facilitate the filling of the prescription and deliv- 24 ery of the medication to the patient. 25 3. In accordance with the direction of the prescribing, dispensing or 26 ordering physician and the consent of the patient, the patient may 27 administer the medication to himself or herself. A health care profes- 28 sional shall not administer the medication to the patient but, acting 29 within the scope of his or her lawful practice, may facilitate the 30 patient in self-administering the medication. 31 § 2899-h. Counseling referral. If in the opinion of the attending 32 physician a patient may be suffering from a psychiatric or psychological 33 disorder or depression causing impaired judgment, such physician shall 34 refer the patient for counseling. No medication to end a patient's life 35 shall be prescribed, dispensed or ordered until the person performing 36 the counseling determines that the patient is not suffering from a 37 psychiatric or psychological disorder or depression causing impaired 38 judgment and has capacity. 39 § 2899-i. Medical record documentation requirements. The following 40 shall be documented or filed in the patient's medical record: 41 1. all oral requests by a patient for medication to end his or her 42 life; 43 2. all written requests by a patient for medication to end his or her 44 life; 45 3. the attending physician's diagnosis and prognosis, and determi- 46 nation whether the patient has capacity and is acting voluntarily; 47 4. a report of the outcome and determinations made during counseling, 48 if performed; and 49 5. a note by the attending physician indicating whether all require- 50 ments under this article have been met and indicating the steps taken to 51 carry out the request, including a notation of the medication 52 prescribed, dispensed or ordered. 53 § 2899-j. Residency requirement. Only requests made by New York state 54 residents under the provisions of this article shall be granted. Factors 55 demonstrating New York state residency shall include but shall not be 56 limited to:S. 2045 4 1 1. Possession of a New York state driver's license; 2 2. Registration to vote in New York state; 3 3. Evidence that the person owns or leases property in New York state; 4 or 5 4. Filing of a New York state tax return for the most recent tax year. 6 § 2899-k. Protection of health care providers and facilities. 1. A 7 physician, pharmacist, other health care professional or other person 8 shall not be subject to civil or criminal liability or professional 9 disciplinary action, and shall not be subject to discipline, suspension, 10 loss of license, loss of privileges, or other penalty by any health care 11 facility or health care provider, for taking any reasonable good-faith 12 action or refusing to act under this article, including: (a) engaging in 13 discussions with a patient relating to the risks and benefits of end-of- 14 life options in the circumstances described in this article, (b) being 15 present when a patient self-administers medication, (c) refraining from 16 acting to prevent the patient from self-administering such medication, 17 or (d) refraining from acting to resuscitate or rescue the patient after 18 he or she self-administers such medication. However, paragraphs (c) and 19 (d) of this subdivision shall not apply where there are reasonable 20 grounds to believe, under the circumstances, that the patient has 21 rescinded his or her request or consent to self-administer medication 22 under this article or communicates a desire that the lethal action of 23 the medication be reversed. 24 2. A physician, nurse, pharmacist, or other person shall not be under 25 any duty, by law or contract, to participate in the provision of medica- 26 tion to a patient under this article. 27 3. A private health care facility may prohibit the self-administering 28 of medication under the article while the patient is being treated or 29 residing in the health care facility if: 30 (a) such prescribing, dispensing, ordering or self-administering is 31 contrary to a formally adopted policy of such facility that is expressly 32 based on sincerely held religious beliefs or sincerely held moral 33 convictions central to the facility's operating principles; 34 (b) such facility has informed the patient of such policy prior to or 35 upon admission, if reasonably possible; and 36 (c) if the patient requests, the patient is transferred promptly to 37 another health care facility that is reasonably accessible under the 38 circumstances and willing to permit the prescribing, dispensing, order- 39 ing and self-administering of medication under this article with respect 40 to the patient. 41 4. A health care facility that prohibits the self-administering of 42 medication under this article while the patient is being treated or 43 residing in the health care facility under this section may prohibit a 44 physician from prescribing, dispensing or ordering medication for self- 45 administering while the patient is being treated or residing in the 46 health care facility, provided the health care facility has notified the 47 physician in writing of its policy to prohibit such actions. Notwith- 48 standing subdivision one of this section, any person who violates a 49 policy established by a health care facility under this section may be 50 subject to sanctions otherwise allowable under law, contract and facili- 51 ty policy. 52 § 2899-l. Relation to other laws and contracts. 1. (a) A patient who 53 self-administers medication under this article shall not be considered 54 to be a person who is suicidal, and self-administering medication under 55 this article shall not be deemed to be suicide, for any purpose.S. 2045 5 1 (b) Action taken in accordance with this article shall not be 2 construed for any purpose to constitute suicide, assisted suicide, 3 attempted suicide, promoting a suicide attempt, mercy killing, or homi- 4 cide under the law, including as an accomplice or accessory or other- 5 wise. 6 2. A request by a patient to his or her attending physician to provide 7 medication under this article shall not, by itself, provide the basis 8 for the appointment of a guardian or conservator. 9 3. (a) No provision in a contract, will or other agreement, whether 10 written or oral, to the extent the provision would affect whether a 11 person may make or rescind a request for medication or take any other 12 action under this article, shall be valid. 13 (b) No obligation owing under any contract shall be conditioned or 14 affected by the making or rescinding of a request by a person for medi- 15 cation or taking any other action under this article. 16 4. A person and his or her beneficiaries shall not be denied benefits 17 under a life insurance policy for actions taken in accordance with this 18 article. 19 5. An insurer shall not provide any information in communications made 20 to a person about the availability of medication under this article 21 absent a request by such person or by his or her attending physician 22 upon the request of such person. Any communication shall not include 23 both the denial of treatment and information as to the availability of 24 medication under this article. 25 6. The sale, procurement, or issue of any professional malpractice 26 insurance policy or the rate charged for the policy shall not be condi- 27 tioned upon or affected by whether the insured does or does not take or 28 participate in any action under this article. 29 § 2899-m. Safe disposal of unused medications. The department shall 30 make regulations providing for the safe disposal of unused medications 31 prescribed, dispensed or ordered under this article. 32 § 2899-n. Death certificate. In the event that a patient dies as a 33 result of medication self-administered under this article, the death 34 certificate shall indicate that the cause of death was the underlying 35 terminal illness or condition of the patient. However, where there are 36 reasonable grounds to believe, under the circumstances, that the patient 37 rescinded his or her request or consent to self-administer medication 38 under this article or communicated a desire that the lethal action of 39 the medication be reversed, and the patient nevertheless died from the 40 self-administration of the medication, the self-administration of the 41 medication may be listed as the cause of death. 42 § 2899-o. Reporting. 1. The commissioner shall annually review a 43 sample of the records maintained under section twenty-eight hundred 44 ninety-nine-i of this article. The department may adopt regulations 45 establishing reporting requirements for physicians taking action under 46 this article to determine utilization and compliance with this article. 47 The information collected under this section shall be confidential and 48 shall be collected in a manner that protects the privacy of the patient, 49 his or her family, and any health care provider acting in connection 50 with such patient under this article. 51 2. The department shall prepare a report annually containing relevant 52 data regarding utilization and compliance with this article and shall 53 post such report on its website. 54 § 2899-p. Severability. If any provision of this article or any appli- 55 cation of any provision of this article, is held to be invalid, or to 56 violate or be inconsistent with any federal law or regulation, thatS. 2045 6 1 shall not affect the validity or effectiveness of any other provision of 2 this article, or of any other application of any provision of this arti- 3 cle, which can be given effect without that provision or application; 4 and to that end, the provisions and applications of this article are 5 severable. 6 § 3. This act shall take effect immediately.
