| 23 | | - | Section 1. (NEW) (Effective October 1, 2019) As used in this section 1 |
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| 24 | | - | and sections 2 to 19, inclusive, of this act: 2 |
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| 25 | | - | (1) "Adult" means a person who is eighteen years of age or older; 3 |
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| 26 | | - | (2) "Aid in dying" means the medical practice of a physician 4 |
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| 27 | | - | prescribing medication to a qualified patient who is terminally ill, 5 |
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| 28 | | - | which medication a qualified patient may self-administer to bring 6 |
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| 29 | | - | about his or her death; 7 |
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| 30 | | - | (3) "Attending physician" means the physician who has primary 8 |
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| 31 | | - | responsibility for the medical care of a patient and treatment of a 9 |
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| 32 | | - | patient's terminal illness; 10 |
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| 33 | | - | (4) "Competent" means, in the opinion of a patient's attending 11 |
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| 34 | | - | physician, consulting physician, psychiatrist, psychologist or a court, 12 |
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| 35 | | - | that a patient has the capacity to understand and acknowledge the 13 |
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| 36 | | - | nature and consequences of health care decisions, including the 14 |
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| 37 | | - | Committee Bill No. 5898 |
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| 38 | | - | |
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| 39 | | - | |
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| 40 | | - | LCO No. 3838 2 of 16 |
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| 41 | | - | |
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| 42 | | - | benefits and disadvantages of treatment, to make an informed decision 15 |
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| 43 | | - | and to communicate such decision to a health care provider, including 16 |
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| 44 | | - | communicating through a person familiar with a patient's manner of 17 |
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| 45 | | - | communicating; 18 |
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| 46 | | - | (5) "Consulting physician" means a physician other than a patient's 19 |
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| 47 | | - | attending physician who (A) is qualified by specialty or experience to 20 |
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| 48 | | - | make a professional diagnosis and prognosis regarding a patient's 21 |
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| 49 | | - | terminal illness, and (B) does not routinely share office space with a 22 |
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| 50 | | - | patient's attending physician; 23 |
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| 51 | | - | (6) "Counseling" means one or more consultations as necessary 24 |
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| 52 | | - | between a psychiatrist or a psychologist and a patient for the purpose 25 |
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| 53 | | - | of determining that a patient is competent and not suffering from 26 |
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| 54 | | - | depression or any other psychiatric or psychological disorder that 27 |
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| 55 | | - | causes impaired judgment; 28 |
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| 56 | | - | (7) "Health care provider" means a person licensed, certified or 29 |
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| 57 | | - | otherwise authorized or permitted by the laws of this state to 30 |
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| 58 | | - | administer health care or dispense medication in the ordinary course 31 |
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| 59 | | - | of business or practice of a profession, including, but not limited to, a 32 |
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| 60 | | - | physician, psychiatrist, psychologist or pharmacist; 33 |
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| 61 | | - | (8) "Health care facility" means a hospital, residential care home, 34 |
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| 62 | | - | nursing home or rest home, as such terms are defined in section 19a-35 |
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| 63 | | - | 490 of the general statutes; 36 |
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| 64 | | - | (9) "Informed decision" means a decision by a qualified patient to 37 |
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| 65 | | - | request and obtain a prescription for medication that the qualified 38 |
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| 66 | | - | patient may self-administer for aid in dying, that is based on an 39 |
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| 67 | | - | understanding and acknowledgment of the relevant facts and after 40 |
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| 68 | | - | being fully informed by the attending physician of: (A) The qualified 41 |
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| 69 | | - | patient's medical diagnosis and prognosis; (B) the potential risks 42 |
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| 70 | | - | associated with self-administering the medication to be prescribed; (C) 43 |
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| 71 | | - | the probable result of taking the medication to be dispensed or 44 |
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| 72 | | - | prescribed; and (D) the feasible alternatives to aid in dying and health 45 |
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| 73 | | - | Committee Bill No. 5898 |
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| 74 | | - | |
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| 75 | | - | |
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| 76 | | - | LCO No. 3838 3 of 16 |
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| 77 | | - | |
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| 78 | | - | care treatment options, including, but not limited to, palliative care; 46 |
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| 79 | | - | (10) "Medically confirmed" means the medical opinion of the 47 |
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| 80 | | - | attending physician has been confirmed by a consulting physician who 48 |
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| 81 | | - | has examined the patient and the patient's relevant medical records; 49 |
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| 82 | | - | (11) "Palliative care" means health care centered on a seriously ill 50 |
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| 83 | | - | patient and such patient's family that (A) optimizes a patient's quality 51 |
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| 84 | | - | of life by anticipating, preventing and treating a patient's suffering 52 |
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| 85 | | - | throughout the continuum of a patient's terminal illness, (B) addresses 53 |
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| 86 | | - | the physical, emotional, social and spiritual needs of a patient, (C) 54 |
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| 87 | | - | facilitates patient autonomy, patient access to information and patient 55 |
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| 88 | | - | choice, and (D) includes, but is not limited to, discussions between a 56 |
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| 89 | | - | patient and a health care provider concerning a patient's goals for 57 |
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| 90 | | - | treatment and appropriate treatment options available to a patient, 58 |
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| 91 | | - | including hospice care and comprehensive pain and symptom 59 |
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| 92 | | - | management; 60 |
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| 93 | | - | (12) "Patient" means a person who is under the care of a physician; 61 |
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| 94 | | - | (13) "Pharmacist" means a person licensed to practice pharmacy 62 |
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| 95 | | - | pursuant to chapter 400j of the general statutes; 63 |
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| 96 | | - | (14) "Physician" means a person licensed to practice medicine and 64 |
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| 97 | | - | surgery pursuant to chapter 370 of the general statutes; 65 |
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| 98 | | - | (15) "Psychiatrist" means a physician specializing in psychiatry and 66 |
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| 99 | | - | licensed pursuant to chapter 370 of the general statutes; 67 |
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| 100 | | - | (16) "Psychologist" means a person licensed to practice psychology 68 |
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| 101 | | - | pursuant to chapter 383 of the general statutes; 69 |
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| 102 | | - | (17) "Qualified patient" means a competent adult who is a resident 70 |
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| 103 | | - | of this state, has a terminal illness and has satisfied the requirements of 71 |
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| 104 | | - | this section and sections 2 to 9, inclusive, of this act, in order to obtain 72 |
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| 105 | | - | aid in dying; 73 |
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| 106 | | - | Committee Bill No. 5898 |
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| 107 | | - | |
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| 108 | | - | |
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| 109 | | - | LCO No. 3838 4 of 16 |
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| 110 | | - | |
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| 111 | | - | (18) "Self-administer" means a qualified patient's act of ingesting 74 |
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| 112 | | - | medication; and 75 |
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| 113 | | - | (19) "Terminal illness" means the final stage of an incurable and 76 |
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| 114 | | - | irreversible medical condition that an attending physician anticipates, 77 |
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| 115 | | - | within reasonable medical judgment, will produce a patient's death 78 |
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| 116 | | - | within six months. 79 |
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| 117 | | - | Sec. 2. (NEW) (Effective October 1, 2019) (a) A patient who (1) is an 80 |
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| 118 | | - | adult, (2) is competent, (3) is a resident of this state, (4) has been 81 |
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| 119 | | - | determined by such patient's attending physician to have a terminal 82 |
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| 120 | | - | illness, and (5) has voluntarily expressed his or her wish to receive aid 83 |
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| 121 | | - | in dying, may request aid in dying by making two written requests to 84 |
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| 122 | | - | such patient's attending physician pursuant to sections 3 and 4 of this 85 |
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| 123 | | - | act. 86 |
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| 124 | | - | (b) No person, including, but not limited to, an agent under a living 87 |
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| 125 | | - | will, an attorney-in-fact under a durable power of attorney, a guardian, 88 |
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| 126 | | - | or a conservator, may act on behalf of a patient for purposes of this 89 |
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| 127 | | - | section, section 1 or sections 3 to 19, inclusive, of this act. 90 |
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| 128 | | - | Sec. 3. (NEW) (Effective October 1, 2019) (a) A patient wishing to 91 |
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| 129 | | - | receive aid in dying shall submit two written requests to such patient's 92 |
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| 130 | | - | attending physician in substantially the form set forth in section 4 of 93 |
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| 131 | | - | this act. A patient's second written request for aid in dying shall be 94 |
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| 132 | | - | submitted not earlier than fifteen days after the date on which a patient 95 |
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| 133 | | - | submits the first request. A valid written request for aid in dying 96 |
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| 134 | | - | under sections 1 and 2 of this act and sections 4 to 19, inclusive, of this 97 |
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| 135 | | - | act shall be signed and dated by the patient. Each request shall be 98 |
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| 136 | | - | witnessed by at least two persons in the presence of the patient. Each 99 |
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| 137 | | - | person serving as a witness shall attest, in writing, that to the best of 100 |
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| 138 | | - | his or her knowledge and belief (1) the patient appears to be of sound 101 |
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| 139 | | - | mind, (2) the patient is acting voluntarily and not being coerced to sign 102 |
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| 140 | | - | the request, and (3) the witness is not: (A) A relative of the patient by 103 |
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| 141 | | - | blood, marriage or adoption, (B) entitled to any portion of the estate of 104 |
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| 142 | | - | the patient upon the patient's death, under any will or by operation of 105 |
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| 143 | | - | Committee Bill No. 5898 |
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| 144 | | - | |
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| 145 | | - | |
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| 146 | | - | LCO No. 3838 5 of 16 |
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| 147 | | - | |
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| 148 | | - | law, or (C) an owner, operator or employee of a health care facility 106 |
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| 149 | | - | where the patient is a resident or receiving medical treatment. 107 |
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| 150 | | - | (b) No person serving as a witness to a patient's request to receive 108 |
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| 151 | | - | aid in dying shall be: (1) A relative of such patient by blood, marriage 109 |
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| 152 | | - | or adoption; (2) at the time the request is signed, entitled to any 110 |
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| 153 | | - | portion of the estate of the patient upon the patient's death, under any 111 |
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| 154 | | - | will or by operation of law; (3) an owner, operator or employee of a 112 |
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| 155 | | - | health care facility where the patient is a resident or receiving medical 113 |
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| 156 | | - | treatment; or (4) such patient's attending physician at the time the 114 |
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| 157 | | - | request is signed. 115 |
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| 158 | | - | (c) Any patient's act of requesting aid in dying or a qualified 116 |
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| 159 | | - | patient's self-administration of medication prescribed for aid in dying 117 |
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| 160 | | - | shall not provide the sole basis for appointment of a conservator or 118 |
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| 161 | | - | guardian for such patient or qualified patient. 119 |
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| 162 | | - | Sec. 4. (NEW) (Effective October 1, 2019) A request for aid in dying as 120 |
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| 163 | | - | authorized by this section, sections 1 to 3, inclusive, of this act and 121 |
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| 164 | | - | sections 5 to 19, inclusive, of this act shall be in substantially the 122 |
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| 165 | | - | following form: 123 |
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| 166 | | - | REQUEST FOR MEDICATION TO AID IN DYING 124 |
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| 167 | | - | I, .…, am an adult of sound mind. 125 |
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| 168 | | - | I am a resident of the State of Connecticut. 126 |
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| 169 | | - | I am suffering from …., which my attending physician has 127 |
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| 170 | | - | determined is an incurable and irreversible medical condition that will, 128 |
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| 171 | | - | within reasonable medical judgment, result in death within six months 129 |
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| 172 | | - | from the date on which this document is executed. This diagnosis of a 130 |
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| 173 | | - | terminal illness has been medically confirmed by another physician. 131 |
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| 174 | | - | I have been fully informed of my diagnosis, prognosis, the nature of 132 |
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| 175 | | - | medication to be dispensed or prescribed to aid me in dying, the 133 |
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| 176 | | - | potential associated risks, the expected result, feasible alternatives to 134 |
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| 177 | | - | Committee Bill No. 5898 |
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| 178 | | - | |
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| 179 | | - | |
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| 180 | | - | LCO No. 3838 6 of 16 |
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| 181 | | - | |
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| 182 | | - | aid in dying and additional health care treatment options, including 135 |
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| 183 | | - | palliative care and the availability of counseling with a psychologist, 136 |
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| 184 | | - | psychiatrist or licensed clinical social worker. 137 |
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| 185 | | - | I request that my attending physician dispense or prescribe 138 |
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| 186 | | - | medication that I may self-administer for aid in dying. I authorize my 139 |
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| 187 | | - | attending physician to contact a pharmacist to fill the prescription for 140 |
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| 188 | | - | such medication, upon my request. 141 |
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| 189 | | - | INITIAL ONE: 142 |
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| 190 | | - | …. I have informed my family of my decision and taken family 143 |
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| 191 | | - | opinions into consideration. 144 |
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| 192 | | - | …. I have decided not to inform my family of my decision. 145 |
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| 193 | | - | …. I have no family to inform of my decision. 146 |
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| 194 | | - | I understand that I have the right to rescind this request at any time. 147 |
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| 195 | | - | I understand the full import of this request and I expect to die if and 148 |
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| 196 | | - | when I take the medication to be dispensed or prescribed. I further 149 |
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| 197 | | - | understand that although most deaths occur within three hours, my 150 |
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| 198 | | - | death may take longer and my attending physician has counseled me 151 |
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| 199 | | - | about this possibility. 152 |
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| 200 | | - | I make this request voluntarily and without reservation, and I 153 |
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| 201 | | - | accept full responsibility for my decision to request aid in dying. 154 |
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| 202 | | - | Signed: …. 155 |
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| 203 | | - | Dated: …. 156 |
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| 204 | | - | DECLARATION OF WITNESSES 157 |
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| 205 | | - | By initialing and signing below on the date the person named above 158 |
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| 206 | | - | signs, I declare that: 159 |
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| 207 | | - | Witness 1 …. Witness 2 …. 160 |
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| 208 | | - | Committee Bill No. 5898 |
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| 209 | | - | |
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| 210 | | - | |
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| 211 | | - | LCO No. 3838 7 of 16 |
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| 212 | | - | |
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| 213 | | - | Initials …. Initials …. 161 |
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| 214 | | - | …. 1. The person making and signing the request is personally 162 |
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| 215 | | - | known to me or has provided proof of identity; 163 |
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| 216 | | - | …. 2. The person making and signing the request signed this request 164 |
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| 217 | | - | in my presence on the date of the person's signature; 165 |
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| 218 | | - | …. 3. The person making the request appears to be of sound mind 166 |
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| 219 | | - | and not under duress, fraud or undue influence; 167 |
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| 220 | | - | …. 4. I am not the attending physician for the person making the 168 |
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| 221 | | - | request; 169 |
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| 222 | | - | …. 5. The person making the request is not my relative by blood, 170 |
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| 223 | | - | marriage or adoption; 171 |
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| 224 | | - | …. 6. I am not entitled to any portion of the estate of the person 172 |
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| 225 | | - | making the request upon such person's death under any will or by 173 |
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| 226 | | - | operation of law; and 174 |
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| 227 | | - | …. 7. I am not an owner, operator or employee of a health care 175 |
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| 228 | | - | facility where the person making the request is a resident or receiving 176 |
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| 229 | | - | medical treatment. 177 |
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| 230 | | - | Printed Name of Witness 1 …. 178 |
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| 231 | | - | Signature of Witness 1 …. Date …. 179 |
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| 232 | | - | Printed Name of Witness 2 …. 180 |
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| 233 | | - | Signature of Witness 2 …. Date …. 181 |
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| 234 | | - | Sec. 5. (NEW) (Effective October 1, 2019) (a) A qualified patient may 182 |
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| 235 | | - | rescind his or her request for aid in dying at any time and in any 183 |
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| 236 | | - | manner without regard to his or her mental state. 184 |
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| 237 | | - | (b) An attending physician shall offer a qualified patient an 185 |
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| 238 | | - | opportunity to rescind his or her request for aid in dying at the time 186 |
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| 239 | | - | Committee Bill No. 5898 |
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| 240 | | - | |
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| 241 | | - | |
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| 242 | | - | LCO No. 3838 8 of 16 |
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| 243 | | - | |
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| 244 | | - | such patient submits a second written request for aid in dying to the 187 |
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| 245 | | - | attending physician. 188 |
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| 246 | | - | (c) No attending physician shall dispense or prescribe medication 189 |
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| 247 | | - | for aid in dying without the attending physician first offering the 190 |
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| 248 | | - | qualified patient a second opportunity to rescind his or her request for 191 |
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| 249 | | - | aid in dying. 192 |
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| 250 | | - | Sec. 6. (NEW) (Effective October 1, 2019) When an attending 193 |
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| 251 | | - | physician is presented with a patient's first written request for aid in 194 |
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| 252 | | - | dying made pursuant to sections 2 to 4, inclusive, of this act, the 195 |
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| 253 | | - | attending physician shall: 196 |
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| 254 | | - | (1) Make a determination that the patient (A) is an adult, (B) has a 197 |
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| 255 | | - | terminal illness, (C) is competent, and (D) has voluntarily requested 198 |
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| 256 | | - | aid in dying. Such determination shall not be made solely on the basis 199 |
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| 257 | | - | of age, disability or any specific illness; 200 |
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| 258 | | - | (2) Require the patient to demonstrate residency in this state by 201 |
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| 259 | | - | presenting: (A) A Connecticut driver's license; (B) a valid voter 202 |
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| 260 | | - | registration record authorizing the patient to vote in this state; or (C) 203 |
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| 261 | | - | any other government-issued document that the attending physician 204 |
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| 262 | | - | reasonably believes demonstrates that the patient is a current resident 205 |
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| 263 | | - | of this state; 206 |
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| 264 | | - | (3) Ensure that the patient is making an informed decision by 207 |
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| 265 | | - | informing the patient of: (A) The patient's medical diagnosis; (B) the 208 |
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| 266 | | - | patient's prognosis; (C) the potential risks associated with self-209 |
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| 267 | | - | administering the medication to be dispensed or prescribed for aid in 210 |
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| 268 | | - | dying; (D) the probable result of self-administering the medication to 211 |
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| 269 | | - | be dispensed or prescribed for aid in dying; (E) the feasible alternatives 212 |
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| 270 | | - | to aid in dying and health care treatment options including, but not 213 |
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| 271 | | - | limited to, palliative care; and (F) the availability of counseling with a 214 |
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| 272 | | - | psychologist, psychiatrist or licensed clinical social worker; and 215 |
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| 273 | | - | (4) Refer the patient to a consulting physician for medical 216 |
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| 274 | | - | Committee Bill No. 5898 |
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| 275 | | - | |
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| 276 | | - | |
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| 277 | | - | LCO No. 3838 9 of 16 |
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| 278 | | - | |
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| 279 | | - | confirmation of the attending physician's diagnosis of the patient's 217 |
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| 280 | | - | terminal illness, the patient's prognosis and for a determination that 218 |
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| 281 | | - | the patient is competent and acting voluntarily in requesting aid in 219 |
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| 282 | | - | dying. 220 |
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| 283 | | - | Sec. 7. (NEW) (Effective October 1, 2019) In order for a patient to be 221 |
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| 284 | | - | found to be a qualified patient for the purposes of this section, sections 222 |
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| 285 | | - | 1 to 6, inclusive, of this act and sections 8 to 19, inclusive, of this act, a 223 |
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| 286 | | - | consulting physician shall: (1) Examine the patient and the patient's 224 |
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| 287 | | - | relevant medical records; (2) confirm, in writing, the attending 225 |
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| 288 | | - | physician's diagnosis that the patient has a terminal illness; (3) verify 226 |
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| 289 | | - | that the patient is competent, is acting voluntarily and has made an 227 |
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| 290 | | - | informed decision to request aid in dying; and (4) refer the patient for 228 |
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| 291 | | - | counseling, if required in accordance with section 8 of this act. 229 |
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| 292 | | - | Sec. 8. (NEW) (Effective October 1, 2019) (a) If, in the medical opinion 230 |
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| 293 | | - | of the attending physician or the consulting physician, a patient may 231 |
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| 294 | | - | be suffering from a psychiatric or psychological condition including, 232 |
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| 295 | | - | but not limited to, depression, that is causing impaired judgment, 233 |
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| 296 | | - | either the attending or consulting physician shall refer the patient for 234 |
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| 297 | | - | counseling to determine whether the patient is competent to request 235 |
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| 298 | | - | aid in dying. 236 |
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| 299 | | - | (b) An attending physician shall not provide the patient aid in dying 237 |
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| 300 | | - | until the person providing such counseling determines that the patient 238 |
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| 301 | | - | is not suffering a psychiatric or psychological condition including, but 239 |
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| 302 | | - | not limited to, depression, that is causing impaired judgment. 240 |
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| 303 | | - | Sec. 9. (NEW) (Effective October 1, 2019) (a) After an attending 241 |
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| 304 | | - | physician and a consulting physician determine that a patient is a 242 |
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| 305 | | - | qualified patient, in accordance with sections 6 to 8, inclusive, of this 243 |
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| 306 | | - | act and after such qualified patient submits a second request for aid in 244 |
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| 307 | | - | dying in accordance with sections 3 and 4 of this act, the attending 245 |
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| 308 | | - | physician shall: 246 |
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| 309 | | - | (1) Recommend to the qualified patient that he or she notify his or 247 |
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| 310 | | - | Committee Bill No. 5898 |
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| 311 | | - | |
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| 312 | | - | |
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| 313 | | - | LCO No. 3838 10 of 16 |
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| 314 | | - | |
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| 315 | | - | her next of kin of the qualified patient's request for aid in dying and 248 |
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| 316 | | - | inform the qualified patient that a failure to do so shall not be a basis 249 |
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| 317 | | - | for the denial of such request; 250 |
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| 318 | | - | (2) Counsel the qualified patient concerning the importance of: (A) 251 |
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| 319 | | - | Having another person present when the qualified patient self-252 |
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| 320 | | - | administers the medication dispensed or prescribed for aid in dying; 253 |
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| 321 | | - | and (B) not taking the medication in a public place; 254 |
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| 322 | | - | (3) Inform the qualified patient that he or she may rescind his or her 255 |
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| 323 | | - | request for aid in dying at any time and in any manner; 256 |
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| 324 | | - | (4) Verify, immediately before dispensing or prescribing medication 257 |
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| 325 | | - | for aid in dying, that the qualified patient is making an informed 258 |
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| 326 | | - | decision; 259 |
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| 327 | | - | (5) Fulfill the medical record documentation requirements set forth 260 |
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| 328 | | - | in section 10 of this act; and 261 |
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| 329 | | - | (6) (A) Dispense such medication, including ancillary medication 262 |
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| 330 | | - | intended to facilitate the desired effect to minimize the qualified 263 |
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| 331 | | - | patient's discomfort, if the attending physician is authorized to 264 |
|---|
| 332 | | - | dispense such medication, to the qualified patient; or (B) upon the 265 |
|---|
| 333 | | - | qualified patient's request and with the qualified patient's written 266 |
|---|
| 334 | | - | consent (i) contact a pharmacist and inform the pharmacist of the 267 |
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| 335 | | - | prescription, and (ii) personally deliver the written prescription, by 268 |
|---|
| 336 | | - | mail, facsimile or electronic transmission to the pharmacist, who shall 269 |
|---|
| 337 | | - | dispense such medication directly to the qualified patient, the 270 |
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| 338 | | - | attending physician or an expressly identified agent of the qualified 271 |
|---|
| 339 | | - | patient. 272 |
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| 340 | | - | (b) The person signing the qualified patient's death certificate shall 273 |
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| 341 | | - | list the underlying terminal illness as the cause of death. 274 |
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| 342 | | - | Sec. 10. (NEW) (Effective October 1, 2019) The attending physician 275 |
|---|
| 343 | | - | shall ensure that the following items are documented or filed in a 276 |
|---|
| 344 | | - | qualified patient's medical record: 277 |
|---|
| 345 | | - | Committee Bill No. 5898 |
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| 346 | | - | |
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| 347 | | - | |
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| 348 | | - | LCO No. 3838 11 of 16 |
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| 349 | | - | |
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| 350 | | - | (1) The basis for determining that a qualified patient is an adult and 278 |
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| 351 | | - | a resident of the state; 279 |
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| 352 | | - | (2) All oral requests by a qualified patient for medication for aid in 280 |
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| 353 | | - | dying; 281 |
|---|
| 354 | | - | (3) All written requests by a qualified patient for medication for aid 282 |
|---|
| 355 | | - | in dying; 283 |
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| 356 | | - | (4) The attending physician's diagnosis of a qualified patient's 284 |
|---|
| 357 | | - | terminal illness and prognosis, and a determination that a qualified 285 |
|---|
| 358 | | - | patient is competent, is acting voluntarily and has made an informed 286 |
|---|
| 359 | | - | decision to request aid in dying; 287 |
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| 360 | | - | (5) The consulting physician's confirmation of a qualified patient's 288 |
|---|
| 361 | | - | diagnosis and prognosis, confirmation that a qualified patient is 289 |
|---|
| 362 | | - | competent, is acting voluntarily and has made an informed decision to 290 |
|---|
| 363 | | - | request aid in dying; 291 |
|---|
| 364 | | - | (6) A report of the outcome and determinations made during 292 |
|---|
| 365 | | - | counseling, if counseling was recommended and provided in 293 |
|---|
| 366 | | - | accordance with section 8 of this act; 294 |
|---|
| 367 | | - | (7) Documentation of the attending physician's offer to a qualified 295 |
|---|
| 368 | | - | patient to rescind his or her request for aid in dying at the time the 296 |
|---|
| 369 | | - | attending physician dispenses or prescribes medication for aid in 297 |
|---|
| 370 | | - | dying; and 298 |
|---|
| 371 | | - | (8) A statement by the attending physician indicating that (A) all 299 |
|---|
| 372 | | - | requirements under this section and sections 1 to 9, inclusive, of this 300 |
|---|
| 373 | | - | act have been met, and (B) the steps taken to carry out a qualified 301 |
|---|
| 374 | | - | patient's request for aid in dying, including the medication dispensed 302 |
|---|
| 375 | | - | or prescribed. 303 |
|---|
| 376 | | - | Sec. 11. (NEW) (Effective October 1, 2019) Any person, other than a 304 |
|---|
| 377 | | - | qualified patient, in possession of medication dispensed or prescribed 305 |
|---|
| 378 | | - | for aid in dying that has not been self-administered shall return such 306 |
|---|
| 379 | | - | Committee Bill No. 5898 |
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| 380 | | - | |
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| 381 | | - | |
|---|
| 382 | | - | LCO No. 3838 12 of 16 |
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| 383 | | - | |
|---|
| 384 | | - | medication to the attending physician or the Commissioner of 307 |
|---|
| 385 | | - | Consumer Protection in accordance with section 21a-252 of the general 308 |
|---|
| 386 | | - | statutes. 309 |
|---|
| 387 | | - | Sec. 12. (NEW) (Effective October 1, 2019) (a) Any provision of a 310 |
|---|
| 388 | | - | contract, including, but not limited to, a contract related to an 311 |
|---|
| 389 | | - | insurance policy or annuity, conditioned on or affected by the making 312 |
|---|
| 390 | | - | or rescinding of a request for aid in dying shall not be valid. 313 |
|---|
| 391 | | - | (b) On and after October 1, 2019, the sale, procurement or issuance 314 |
|---|
| 392 | | - | of any life, health or accident insurance or annuity policy or the rate 315 |
|---|
| 393 | | - | charged for any such policy shall not be conditioned upon or affected 316 |
|---|
| 394 | | - | by the making or rescinding of a request for aid in dying. 317 |
|---|
| 395 | | - | (c) A qualified patient's act of requesting aid in dying or self-318 |
|---|
| 396 | | - | administering medication dispensed or prescribed for aid in dying 319 |
|---|
| 397 | | - | shall not constitute suicide for any purpose, including, but not limited 320 |
|---|
| 398 | | - | to, a criminal prosecution under section 53a-56 of the general statutes. 321 |
|---|
| 399 | | - | Sec. 13. (NEW) (Effective October 1, 2019) (a) As used in this section, 322 |
|---|
| 400 | | - | "participate in the provision of medication" means to perform the 323 |
|---|
| 401 | | - | duties of an attending physician or consulting physician, a psychiatrist, 324 |
|---|
| 402 | | - | psychologist or pharmacist in accordance with the provisions of 325 |
|---|
| 403 | | - | sections 2 to 10, inclusive, of this act. "Participate in the provision of 326 |
|---|
| 404 | | - | medication" does not include: (1) Making an initial diagnosis of a 327 |
|---|
| 405 | | - | patient's terminal illness; (2) informing a patient of his or her medical 328 |
|---|
| 406 | | - | diagnosis or prognosis; (3) informing a patient concerning the 329 |
|---|
| 407 | | - | provisions of this section, sections 1 to 12, inclusive, of this act and 330 |
|---|
| 408 | | - | sections 16 to 19, inclusive, of this act, upon the patient's request; or (4) 331 |
|---|
| 409 | | - | referring a patient to another health care provider for aid in dying. 332 |
|---|
| 410 | | - | (b) Participation in any act described in sections 1 to 12, inclusive, of 333 |
|---|
| 411 | | - | this act and sections 16 to 19, inclusive, of this act by a patient, health 334 |
|---|
| 412 | | - | care provider or any other person shall be voluntary. Each health care 335 |
|---|
| 413 | | - | provider shall individually and affirmatively determine whether to 336 |
|---|
| 414 | | - | participate in the provision of medication to a qualified patient for aid 337 |
|---|
| 415 | | - | Committee Bill No. 5898 |
|---|
| 416 | | - | |
|---|
| 417 | | - | |
|---|
| 418 | | - | LCO No. 3838 13 of 16 |
|---|
| 419 | | - | |
|---|
| 420 | | - | in dying. A health care facility shall not require a health care provider 338 |
|---|
| 421 | | - | to participate in the provision of medication to a qualified patient for 339 |
|---|
| 422 | | - | aid in dying, but may prohibit such participation in accordance with 340 |
|---|
| 423 | | - | subsection (d) of this section. 341 |
|---|
| 424 | | - | (c) If a health care provider or health care facility chooses not to 342 |
|---|
| 425 | | - | participate in the provision of medication to a qualified patient for aid 343 |
|---|
| 426 | | - | in dying, upon request of a qualified patient, such health care provider 344 |
|---|
| 427 | | - | or health care facility shall transfer all relevant medical records to any 345 |
|---|
| 428 | | - | health care provider or health care facility, as directed by a qualified 346 |
|---|
| 429 | | - | patient. 347 |
|---|
| 430 | | - | (d) A health care facility may adopt written policies prohibiting a 348 |
|---|
| 431 | | - | health care provider associated with such health care facility from 349 |
|---|
| 432 | | - | participating in the provision of medication to a patient for aid in 350 |
|---|
| 433 | | - | dying, provided such facility provides written notice of such policy 351 |
|---|
| 434 | | - | and any sanctions for violation of such policy to such health care 352 |
|---|
| 435 | | - | provider. Notwithstanding the provisions of this subsection or any 353 |
|---|
| 436 | | - | policies adopted in accordance with this subsection, a health care 354 |
|---|
| 437 | | - | provider may: (1) Diagnose a patient with a terminal illness; (2) inform 355 |
|---|
| 438 | | - | a patient of his or her medical prognosis; (3) provide a patient with 356 |
|---|
| 439 | | - | information concerning the provisions of this section, sections 1 to 12, 357 |
|---|
| 440 | | - | inclusive, of this act and sections 16 to 19, inclusive, of this act, upon a 358 |
|---|
| 441 | | - | patient's request; (4) refer a patient to another health care facility or 359 |
|---|
| 442 | | - | health care provider; (5) transfer a patient's medical records to a health 360 |
|---|
| 443 | | - | care provider or health care facility, as requested by a patient; or (6) 361 |
|---|
| 444 | | - | participate in the provision of medication for aid in dying when such 362 |
|---|
| 445 | | - | health care provider is acting outside the scope of his or her 363 |
|---|
| 446 | | - | employment or contract with a health care facility that prohibits 364 |
|---|
| 447 | | - | participation in the provision of such medication. 365 |
|---|
| 448 | | - | (e) Except as provided in a policy adopted in accordance with 366 |
|---|
| 449 | | - | subsection (d) of this section, no health care facility may subject an 367 |
|---|
| 450 | | - | employee or other person who provides services under contract with 368 |
|---|
| 451 | | - | the health care facility to disciplinary action, loss of privileges, loss of 369 |
|---|
| 452 | | - | Committee Bill No. 5898 |
|---|
| 453 | | - | |
|---|
| 454 | | - | |
|---|
| 455 | | - | LCO No. 3838 14 of 16 |
|---|
| 456 | | - | |
|---|
| 457 | | - | membership or any other penalty for participating, or refusing to 370 |
|---|
| 458 | | - | participate, in the provision of medication or related activities in good 371 |
|---|
| 459 | | - | faith compliance with the provisions of this section, sections 1 to 12, 372 |
|---|
| 460 | | - | inclusive, of this act and sections 16 to 19, inclusive, of this act. 373 |
|---|
| 461 | | - | Sec. 14. (NEW) (Effective October 1, 2019) (a) A person is guilty of 374 |
|---|
| 462 | | - | murder when such person, without authorization of a patient, wilfully 375 |
|---|
| 463 | | - | alters or forges a request for aid in dying, as described in sections 3 376 |
|---|
| 464 | | - | and 4 of this act, or conceals or destroys a rescission of such a request 377 |
|---|
| 465 | | - | for aid in dying with the intent or effect of causing the patient's death. 378 |
|---|
| 466 | | - | (b) A person is guilty of murder when such person coerces or exerts 379 |
|---|
| 467 | | - | undue influence on a patient to complete a request for aid in dying, as 380 |
|---|
| 468 | | - | described in sections 3 and 4 of this act, or coerces or exerts undue 381 |
|---|
| 469 | | - | influence on a patient to destroy a rescission of such request with the 382 |
|---|
| 470 | | - | intent or effect of causing the patient's death. 383 |
|---|
| 471 | | - | Sec. 15. (NEW) (Effective October 1, 2019) (a) Nothing in sections 1 to 384 |
|---|
| 472 | | - | 14, inclusive, of this act or sections 16 to 19, inclusive, of this act 385 |
|---|
| 473 | | - | authorizes a physician or any other person to end another person's life 386 |
|---|
| 474 | | - | by lethal injection, mercy killing, assisting a suicide or any other active 387 |
|---|
| 475 | | - | euthanasia. 388 |
|---|
| 476 | | - | (b) No action taken in accordance with sections 1 to 14, inclusive, of 389 |
|---|
| 477 | | - | this act or sections 16 to 19, inclusive, of this act shall constitute 390 |
|---|
| 478 | | - | causing or assisting another person to commit suicide in violation of 391 |
|---|
| 479 | | - | section 53a-54a or 53a-56 of the general statutes. 392 |
|---|
| 480 | | - | (c) No person shall be subject to civil or criminal liability or 393 |
|---|
| 481 | | - | professional disciplinary action, including, but not limited to, 394 |
|---|
| 482 | | - | revocation of such person's professional license, for (1) participating in 395 |
|---|
| 483 | | - | the provision of medication or related activities in good faith 396 |
|---|
| 484 | | - | compliance with the provisions of sections 1 to 14, inclusive, of this act 397 |
|---|
| 485 | | - | and sections 16 to 19, inclusive, of this act, or (2) being present at the 398 |
|---|
| 486 | | - | time a qualified patient self-administers medication dispensed or 399 |
|---|
| 487 | | - | prescribed for aid in dying. 400 |
|---|
| 488 | | - | Committee Bill No. 5898 |
|---|
| 489 | | - | |
|---|
| 490 | | - | |
|---|
| 491 | | - | LCO No. 3838 15 of 16 |
|---|
| 492 | | - | |
|---|
| 493 | | - | (d) An attending physician's dispensing of, or issuance of a 401 |
|---|
| 494 | | - | prescription for medication for aid in dying or a patient's request for 402 |
|---|
| 495 | | - | aid in dying, in good faith compliance with the provisions of sections 1 403 |
|---|
| 496 | | - | to 19, inclusive, of this act shall not constitute neglect for the purpose 404 |
|---|
| 497 | | - | of any law or provide the sole basis for appointment of a guardian or 405 |
|---|
| 498 | | - | conservator for such patient. 406 |
|---|
| 499 | | - | Sec. 16. (NEW) (Effective October 1, 2019) Sections 1 to 15, inclusive, 407 |
|---|
| 500 | | - | of this act or sections 17 to 19, inclusive, of this act do not limit liability 408 |
|---|
| 501 | | - | for civil damages resulting from negligent conduct or intentional 409 |
|---|
| 502 | | - | misconduct by any person. 410 |
|---|
| 503 | | - | Sec. 17. (NEW) (Effective October 1, 2019) (a) Any person who 411 |
|---|
| 504 | | - | knowingly possesses, sells or delivers medication dispensed or 412 |
|---|
| 505 | | - | prescribed for aid in dying for any purpose other than delivering such 413 |
|---|
| 506 | | - | medication to a qualified patient, or returning such medication in 414 |
|---|
| 507 | | - | accordance with section 11 of this act, shall be guilty of a class D 415 |
|---|
| 508 | | - | felony. 416 |
|---|
| 509 | | - | (b) Nothing in sections 1 to 16, inclusive, of this act or section 18 or 417 |
|---|
| 510 | | - | 19 of this act shall preclude criminal prosecution under any provision 418 |
|---|
| 511 | | - | of law for conduct that is inconsistent with said sections. 419 |
|---|
| 512 | | - | Sec. 18. (NEW) (Effective October 1, 2019) Nothing in sections 1 to 17, 420 |
|---|
| 513 | | - | inclusive, of this act or section 19 of this act shall limit the jurisdiction 421 |
|---|
| 514 | | - | or authority of the nonprofit entity designated by the Governor to 422 |
|---|
| 515 | | - | serve as the Connecticut protection and advocacy system under 423 |
|---|
| 516 | | - | chapter 813 of the general statutes. 424 |
|---|
| 517 | | - | Sec. 19. (NEW) (Effective October 1, 2019) No person who serves as an 425 |
|---|
| 518 | | - | attending physician, consulting physician or a witness as described in 426 |
|---|
| 519 | | - | section 3 of this act, or otherwise participates in the provision of 427 |
|---|
| 520 | | - | medication for aid in dying to a qualified patient, shall inherit or 428 |
|---|
| 521 | | - | receive any part of the estate of such qualified patient, whether under 429 |
|---|
| 522 | | - | the provisions of law relating to intestate succession or as a devisee or 430 |
|---|
| 523 | | - | legatee, or otherwise under the will of such qualified patient, or receive 431 |
|---|
| 524 | | - | Committee Bill No. 5898 |
|---|
| 525 | | - | |
|---|
| 526 | | - | |
|---|
| 527 | | - | LCO No. 3838 16 of 16 |
|---|
| 528 | | - | |
|---|
| 529 | | - | any property as beneficiary or survivor of such qualified patient after 432 |
|---|
| 530 | | - | such qualified patient has self-administered medication dispensed or 433 |
|---|
| 531 | | - | prescribed for aid in dying. 434 |
|---|
| 532 | | - | This act shall take effect as follows and shall amend the following |
|---|
| 533 | | - | sections: |
|---|
| 534 | | - | |
|---|
| 535 | | - | Section 1 October 1, 2019 New section |
|---|
| 536 | | - | Sec. 2 October 1, 2019 New section |
|---|
| 537 | | - | Sec. 3 October 1, 2019 New section |
|---|
| 538 | | - | Sec. 4 October 1, 2019 New section |
|---|
| 539 | | - | Sec. 5 October 1, 2019 New section |
|---|
| 540 | | - | Sec. 6 October 1, 2019 New section |
|---|
| 541 | | - | Sec. 7 October 1, 2019 New section |
|---|
| 542 | | - | Sec. 8 October 1, 2019 New section |
|---|
| 543 | | - | Sec. 9 October 1, 2019 New section |
|---|
| 544 | | - | Sec. 10 October 1, 2019 New section |
|---|
| 545 | | - | Sec. 11 October 1, 2019 New section |
|---|
| 546 | | - | Sec. 12 October 1, 2019 New section |
|---|
| 547 | | - | Sec. 13 October 1, 2019 New section |
|---|
| 548 | | - | Sec. 14 October 1, 2019 New section |
|---|
| 549 | | - | Sec. 15 October 1, 2019 New section |
|---|
| 550 | | - | Sec. 16 October 1, 2019 New section |
|---|
| 551 | | - | Sec. 17 October 1, 2019 New section |
|---|
| 552 | | - | Sec. 18 October 1, 2019 New section |
|---|
| 553 | | - | Sec. 19 October 1, 2019 New section |
|---|
| 554 | | - | |
|---|
| 23 | + | That the general statutes be amended to allow a physician to 1 |
|---|
| 24 | + | dispense or prescribe medication at the request of a mentally 2 |
|---|
| 25 | + | competent patient that has a terminal illness to seek an appropriate 3 |
|---|
| 26 | + | means of ending their lives. 4 |
|---|