Bill Text: OR HB2016 | 2011 | Regular Session | Introduced

---

Bill Title: Relating to the Oregon Death with Dignity Act.

Sponsorship: Partisan Bill (Republican 9)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2016 Detail]

Download: Oregon-2011-HB2016-Introduced.html

---

     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 3965

                         House Bill 2016

Sponsored by Representative WEIDNER; Representatives BREWER,
  FREEMAN, JOHNSON, KENNEMER, LINDSAY, PARRISH, THOMPSON, Senator
  STARR

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Requires patient seeking prescription for medication to end
patient's life to undergo counseling.
  Requires psychiatrist or psychologist who determines that
patient's request for prescription for medication to end
patient's life is appropriate to report certain information to
Oregon Health Authority.

                        A BILL FOR AN ACT
Relating to the Oregon Death with Dignity Act; amending ORS
  127.800, 127.815, 127.825, 127.855 and 127.865.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 127.800 is amended to read:
  127.800. s1.01. Definitions. The following words and phrases,
whenever used in ORS 127.800 to 127.897, have the following
meanings:
  (1) 'Adult' means an individual who is 18 years of age or
older.
  (2) 'Attending physician' means the physician who has primary
responsibility for the care of the patient and treatment of the
patient's terminal disease.
  (3) 'Capable' means that in the opinion of a court or in the
opinion of the patient's attending physician or consulting
physician, psychiatrist or psychologist, a patient has the
ability to make and communicate health care decisions to health
care providers, including communication through persons familiar
with the patient's manner of communicating if those persons are
available.
  (4) 'Consulting physician' means a physician who is qualified
by specialty or experience to make a professional diagnosis and
prognosis regarding the patient's disease.
  (5) 'Counseling' means one or more consultations   { - as
necessary - }  between a   { - state licensed - }  psychiatrist
 { + licensed under ORS chapter 677 + } or  { + a + }
psychologist  { + licensed under ORS 675.010 to 675.150 + } and a
patient for the purpose of determining that the patient is
capable and not suffering from a psychiatric or psychological
disorder or depression causing impaired judgment.
  (6) 'Health care provider' means a person licensed, certified
or otherwise authorized or permitted by the law of this state to
administer health care or dispense medication in the ordinary
course of business or practice of a profession, and includes a
health care facility.
  (7) 'Informed decision' means a decision by a qualified
patient, to request and obtain a prescription to end his or her
life in a humane and dignified manner, that is based on an
appreciation of the relevant facts and after being fully informed
by the attending physician of:
  (a) His or her medical diagnosis;
  (b) His or her prognosis;
  (c) The potential risks associated with taking the medication
to be prescribed;
  (d) The probable result of taking the medication to be
prescribed; and
  (e) The feasible alternatives, including, but not limited to,
comfort care, hospice care and pain control.
  (8) 'Medically confirmed' means the medical opinion of the
attending physician has been confirmed by a consulting physician
who has examined the patient and the patient's relevant medical
records.
  (9) 'Patient' means a person who is under the care of a
physician.
  (10) 'Physician' means a doctor of medicine or osteopathy
licensed to practice medicine by the Oregon Medical Board.
  (11) 'Qualified patient' means a capable adult who is a
resident of Oregon and has satisfied the requirements of ORS
127.800 to 127.897 in order to obtain a prescription for
medication to end his or her life in a humane and dignified
manner.
  (12) 'Terminal disease' means an incurable and irreversible
disease that has been medically confirmed and will, within
reasonable medical judgment, produce death within six months.
  SECTION 2. ORS 127.815 is amended to read:
  127.815. s3.01. Attending physician responsibilities. (1) The
attending physician shall:
  (a) Make the initial determination of whether a patient has a
terminal disease, is capable, and has made the request
voluntarily;
  (b) Request that the patient demonstrate Oregon residency
pursuant to ORS 127.860;
  (c) To ensure that the patient is making an informed decision,
inform the patient of:
  (A)   { - His or her - }   { + The patient's + } medical
diagnosis;
  (B)   { - His or her - }   { + The patient's + } prognosis;
  (C) The potential risks associated with taking the medication
to be prescribed;
  (D) The probable result of taking the medication to be
prescribed; and
  (E) The feasible alternatives, including, but not limited to,
comfort care, hospice care and pain control;
  (d) Refer the patient to a consulting physician for medical
confirmation of the diagnosis, and for a determination that the
patient is capable and acting voluntarily;
  (e) Refer the patient for counseling   { - if appropriate
pursuant to - }   { + as provided in + } ORS 127.825;
  (f) Recommend that the patient notify next of kin;
  (g) Counsel the patient about the importance of having another
person present when the patient takes the medication prescribed
pursuant to ORS 127.800 to 127.897 and of not taking the
medication in a public place;
  (h) Inform the patient that   { - he or she - }   { + the
patient + } has an opportunity to rescind the request at any time
and in any manner, and offer the patient an opportunity to
rescind at the end of the

  { - 15 day - }   { + 15-day + } waiting period pursuant to ORS
127.840;
  (i) Verify, immediately prior to writing the prescription for
medication under ORS 127.800 to 127.897, that the patient is
making an informed decision;
  (j) Fulfill the medical record documentation requirements of
ORS 127.855;
  (k) Ensure that all appropriate steps are carried out in
accordance with ORS 127.800 to 127.897 prior to writing a
prescription for medication to enable a qualified patient to end
  { - his or her - }   { + the patient's + } life in a humane and
dignified manner; and
  (L)(A) Dispense medications directly, including ancillary
medications intended to facilitate the desired effect to minimize
the patient's discomfort, provided the attending physician is
registered as a dispensing physician with the Oregon Medical
Board, has a current Drug Enforcement Administration certificate
and complies with any applicable administrative rule; or
  (B) With the patient's written consent:
  (i) Contact a pharmacist and inform the pharmacist of the
prescription; and
  (ii) Deliver the written prescription personally or by mail to
the pharmacist, who will dispense the medications to either the
patient, the attending physician or an expressly identified agent
of the patient.
  (2) Notwithstanding any other provision of law, the attending
physician may sign the patient's death certificate.
  SECTION 3. ORS 127.825 is amended to read:
  127.825. s3.03. Counseling referral.  { + (1) + }   { - If in
the opinion of the attending physician or the consulting
physician a patient may be suffering from a psychiatric or
psychological disorder or depression causing impaired judgment,
either physician - }   { + The attending physician + } shall
refer the patient  { + to a psychiatrist licensed under ORS
chapter 677 or a psychologist licensed under ORS 675.010 to
675.150 + } for counseling.   { - No - }
   { +  (2) The attending physician may not prescribe + }
medication to end a patient's life in a humane and dignified
manner   { - shall be prescribed - }  until the   { - person
performing the counseling determines - }   { + psychiatrist or
psychologist notifies the attending physician + } that the
 { + psychiatrist or psychologist has determined that the + }
patient is { + :
  (a) + } Not suffering from a psychiatric or psychological
disorder or depression causing impaired judgment  { - . - }
 { + ; and
  (b) Voluntarily making an informed decision. + }
  SECTION 4. ORS 127.855 is amended to read:
  127.855. s3.09. Medical record documentation requirements.  The
following shall be documented or filed in the patient's medical
record:
  (1) All oral requests by a patient for medication to end
 { - his or her - }   { + the patient's + } life in a humane and
dignified manner;
  (2) All written requests by a patient for medication to end
  { - his or her - }   { + the patient's + } life in a humane and
dignified manner;
  (3) The attending physician's diagnosis and prognosis,
 { + and + } determination that the patient is capable,
 { + is + } acting voluntarily and has made an informed decision;
  (4) The consulting physician's diagnosis and prognosis, and
verification that the patient is capable,  { + is + } acting
voluntarily and has made an informed decision;
  (5) A report of the outcome and determinations made during
counseling  { - , if performed - } ;
  (6) The attending physician's offer to the patient to rescind
  { - his or her - }   { + the patient's + } request at the time
of the patient's second oral request pursuant to ORS 127.840; and
  (7) A note by the attending physician indicating that all
requirements under ORS 127.800 to 127.897 have been met and
indicating the steps taken to carry out the request, including a
notation of the medication prescribed.
  SECTION 5. ORS 127.865 is amended to read:
  127.865. s3.11. Reporting requirements. (1)  { - (a) - }  The
Oregon Health Authority shall annually review a sample of records
maintained pursuant to ORS 127.800 to 127.897.
    { - (b) - }   { + (2) + } The authority shall require
 { - any - }   { + a + } health care provider { + , + } upon
dispensing medication pursuant to ORS 127.800 to
127.897 { + , + } to file a copy of the dispensing record with
the authority.
   { +  (3) A psychiatrist or psychologist who performs
counseling for a patient under ORS 127.825 and determines that
the patient is not suffering from a psychiatric or psychological
disorder or depression causing impaired judgment and is
voluntarily making an informed decision shall submit to the
authority:
  (a) A report of the psychiatrist's or psychologist's evaluation
of the patient;
  (b) A list of the steps taken by the psychiatrist or
psychologist to inform the patient of alternative ways to
alleviate emotional or physical suffering; and
  (c) Other information required by the authority by rule. + }
    { - (2) - }   { + (4) + } The authority shall   { - make - }
 { + adopt + } rules to facilitate the collection of information
regarding compliance with ORS 127.800 to 127.897. Except as
otherwise required by law, the information collected   { - shall
not be - }   { + is not + } a public record and may not be made
available for inspection by the public.
    { - (3) - }   { + (5) + } The authority shall generate and
make available to the public an annual statistical report of
information collected under subsection   { - (2) - }
 { + (4) + } of this section.
                         ----------