Connecticut 2020 Regular Session

Connecticut House Bill HB05420 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	LCO No. 2340 1 of 16
4	4
5	5	General Assembly Raised Bill No. 5420
6	6	February Session, 2020
7	7	LCO No. 2340
8	8
9	9
10	10	Referred to Committee on PUBLIC HEALTH
11	11
12	12
13	13	Introduced by:
14	14	(PH)
15	15
16	16
17	17
18	18
19	19	AN ACT CONCERNING AI D IN DYING FOR TERMINALLY ILL
20	20	PATIENTS.
21	21	Be it enacted by the Senate and House of Representatives in General
22	22	Assembly convened:
23	23
24	24	Section 1. (NEW) (Effective October 1, 2020) As used in this section and 1
25	25	sections 2 to 19, inclusive, of this act: 2
26	26	(1) "Adult" means a person who is eighteen years of age or older; 3
27	27	(2) "Aid in dying" means the medical practice of a physician 4
28	28	prescribing medication to a qualified patient who is terminally ill, which 5
29	29	medication a qualified patient may self-administer to bring about his or 6
30	30	her death; 7
31	31	(3) "Attending physician" means the physician who has primary 8
32	32	responsibility for the medical care of a patient and treatment of a 9
33	33	patient's terminal illness; 10
34	34	(4) "Competent" means, in the opinion of a patient's attending 11
35	35	physician, consulting physician, psychiatrist, psychologist or a court, 12
36	36	that a patient has the capacity to understand and acknowledge the 13
37	37	Raised Bill No. 5420
38	38
39	39
40	40
41	41	LCO No. 2340 2 of 16
42	42
43	43	nature and consequences of health care decisions, including the benefits 14
44	44	and disadvantages of treatment, to make an informed decision and to 15
45	45	communicate such decision to a health care provider, including 16
46	46	communicating through a person familiar with a patient's manner of 17
47	47	communicating; 18
48	48	(5) "Consulting physician" means a physician other than a patient's 19
49	49	attending physician who (A) is qualified by specialty or experience to 20
50	50	make a professional diagnosis and prognosis regarding a patient's 21
51	51	terminal illness, and (B) does not routinely share office space with a 22
52	52	patient's attending physician; 23
53	53	(6) "Counseling" means one or more consultations as necessary 24
54	54	between a psychiatrist or a psychologist and a patient for the purpose 25
55	55	of determining that a patient is competent and not suffering from 26
56	56	depression or any other psychiatric or psychological disorder that 27
57	57	causes impaired judgment; 28
58	58	(7) "Health care provider" means a person licensed, certified or 29
59	59	otherwise authorized or permitted by the laws of this state to administer 30
60	60	health care or dispense medication in the ordinary course of business or 31
61	61	practice of a profession, including, but not limited to, a physician, 32
62	62	psychiatrist, psychologist or pharmacist; 33
63	63	(8) "Health care facility" means a hospital, residential care home, 34
64	64	nursing home or rest home, as such terms are defined in section 19a-490 35
65	65	of the general statutes; 36
66	66	(9) "Informed decision" means a decision by a qualified patient to 37
67	67	request and obtain a prescription for medication that the qualified 38
68	68	patient may self-administer for aid in dying, that is based on an 39
69	69	understanding and acknowledgment of the relevant facts and after 40
70	70	being fully informed by the attending physician of: (A) The qualified 41
71	71	patient's medical diagnosis and prognosis; (B) the potential risks 42
72	72	associated with self-administering the medication to be prescribed; (C) 43
73	73	the probable result of taking the medication to be dispensed or 44
74	74	Raised Bill No. 5420
75	75
76	76
77	77
78	78	LCO No. 2340 3 of 16
79	79
80	80	prescribed; and (D) the feasible alternatives to aid in dying and health 45
81	81	care treatment options, including, but not limited to, palliative care; 46
82	82	(10) "Medically confirmed" means the medical opinion of the 47
83	83	attending physician has been confirmed by a consulting physician who 48
84	84	has examined the patient and the patient's relevant medical records; 49
85	85	(11) "Palliative care" means health care centered on a seriously ill 50
86	86	patient and such patient's family that (A) optimizes a patient's quality 51
87	87	of life by anticipating, preventing and treating a patient's suffering 52
88	88	throughout the continuum of a patient's terminal illness, (B) addresses 53
89	89	the physical, emotional, social and spiritual needs of a patient, (C) 54
90	90	facilitates patient autonomy, patient access to information and patient 55
91	91	choice, and (D) includes, but is not limited to, discussions between a 56
92	92	patient and a health care provider concerning a patient's goals for 57
93	93	treatment and appropriate treatment options available to a patient, 58
94	94	including hospice care and comprehensive pain and symptom 59
95	95	management; 60
96	96	(12) "Patient" means a person who is under the care of a physician; 61
97	97	(13) "Pharmacist" means a person licensed to practice pharmacy 62
98	98	pursuant to chapter 400j of the general statutes; 63
99	99	(14) "Physician" means a person licensed to practice medicine and 64
100	100	surgery pursuant to chapter 370 of the general statutes; 65
101	101	(15) "Psychiatrist" means a physician specializing in psychiatry and 66
102	102	licensed pursuant to chapter 370 of the general statutes; 67
103	103	(16) "Psychologist" means a person licensed to practice psychology 68
104	104	pursuant to chapter 383 of the general statutes; 69
105	105	(17) "Qualified patient" means a competent adult who is a resident of 70
106	106	this state, has a terminal illness and has satisfied the requirements of this 71
107	107	section and sections 2 to 9, inclusive, of this act, in order to obtain aid in 72
108	108	dying; 73
109	109	Raised Bill No. 5420
110	110
111	111
112	112
113	113	LCO No. 2340 4 of 16
114	114
115	115	(18) "Self-administer" means a qualified patient's act of ingesting 74
116	116	medication; and 75
117	117	(19) "Terminal illness" means the final stage of an incurable and 76
118	118	irreversible medical condition that an attending physician anticipates, 77
119	119	within reasonable medical judgment, will produce a patient's death 78
120	120	within six months. 79
121	121	Sec. 2. (NEW) (Effective October 1, 2020) (a) A patient who (1) is an 80
122	122	adult, (2) is competent, (3) is a resident of this state, (4) has been 81
123	123	determined by such patient's attending physician to have a terminal 82
124	124	illness, and (5) has voluntarily expressed his or her wish to receive aid 83
125	125	in dying, may request aid in dying by making two written requests to 84
126	126	such patient's attending physician pursuant to sections 3 and 4 of this 85
127	127	act. 86
128	128	(b) No person, including, but not limited to, an agent under a living 87
129	129	will, an attorney-in-fact under a durable power of attorney, a guardian, 88
130	130	or a conservator, may act on behalf of a patient for purposes of this 89
131	131	section, section 1 or sections 3 to 19, inclusive, of this act. 90
132	132	Sec. 3. (NEW) (Effective October 1, 2020) (a) A patient wishing to 91
133	133	receive aid in dying shall submit two written requests to such patient's 92
134	134	attending physician in substantially the form set forth in section 4 of this 93
135	135	act. A patient's second written request for aid in dying shall be 94
136	136	submitted not earlier than fifteen days after the date on which a patient 95
137	137	submits the first request. A valid written request for aid in dying under 96
138	138	sections 1 and 2 of this act and sections 4 to 19, inclusive, of this act shall 97
139	139	be signed and dated by the patient. Each request shall be witnessed by 98
140	140	at least two persons in the presence of the patient. Each person serving 99
141	141	as a witness shall attest, in writing, that to the best of his or her 100
142	142	knowledge and belief (1) the patient appears to be of sound mind, (2) 101
143	143	the patient is acting voluntarily and not being coerced to sign the 102
144	144	request, and (3) the witness is not: (A) A relative of the patient by blood, 103
145	145	marriage or adoption, (B) entitled to any portion of the estate of the 104
146	146	Raised Bill No. 5420
147	147
148	148
149	149
150	150	LCO No. 2340 5 of 16
151	151
152	152	patient upon the patient's death, under any will or by operation of law, 105
153	153	or (C) an owner, operator or employee of a health care facility where the 106
154	154	patient is a resident or receiving medical treatment. 107
155	155	(b) No person serving as a witness to a patient's request to receive aid 108
156	156	in dying shall be: (1) A relative of such patient by blood, marriage or 109
157	157	adoption; (2) at the time the request is signed, entitled to any portion of 110
158	158	the estate of the patient upon the patient's death, under any will or by 111
159	159	operation of law; (3) an owner, operator or employee of a health care 112
160	160	facility where the patient is a resident or receiving medical treatment; or 113
161	161	(4) such patient's attending physician at the time the request is signed. 114
162	162	(c) Any patient's act of requesting aid in dying or a qualified patient's 115
163	163	self-administration of medication prescribed for aid in dying shall not 116
164	164	provide the sole basis for appointment of a conservator or guardian for 117
165	165	such patient or qualified patient. 118
166	166	Sec. 4. (NEW) (Effective October 1, 2020) A request for aid in dying as 119
167	167	authorized by this section, sections 1 to 3, inclusive, of this act and 120
168	168	sections 5 to 19, inclusive, of this act shall be in substantially the 121
169	169	following form: 122
170	170	REQUEST FOR MEDICATION TO AID IN DYING 123
171	171	I, .…, am an adult of sound mind. 124
172	172	I am a resident of the State of Connecticut. 125
173	173	I am suffering from …., which my attending physician has 126
174	174	determined is an incurable and irreversible medical condition that will, 127
175	175	within reasonable medical judgment, result in death within six months 128
176	176	from the date on which this document is executed. This diagnosis of a 129
177	177	terminal illness has been medically confirmed by another physician. 130
178	178	I have been fully informed of my diagnosis, prognosis, the nature of 131
179	179	medication to be dispensed or prescribed to aid me in dying, the 132
180	180	potential associated risks, the expected result, feasible alternatives to aid 133
181	181	Raised Bill No. 5420
182	182
183	183
184	184
185	185	LCO No. 2340 6 of 16
186	186
187	187	in dying and additional health care treatment options, including 134
188	188	palliative care and the availability of counseling with a psychologist, 135
189	189	psychiatrist or licensed clinical social worker. 136
190	190	I request that my attending physician dispense or prescribe 137
191	191	medication that I may self-administer for aid in dying. I authorize my 138
192	192	attending physician to contact a pharmacist to fill the prescription for 139
193	193	such medication, upon my request. 140
194	194	INITIAL ONE: 141
195	195	…. I have informed my family of my decision and taken family 142
196	196	opinions into consideration. 143
197	197	…. I have decided not to inform my family of my decision. 144
198	198	…. I have no family to inform of my decision. 145
199	199	I understand that I have the right to rescind this request at any time. 146
200	200	I understand the full import of this request and I expect to die if and 147
201	201	when I take the medication to be dispensed or prescribed. I further 148
202	202	understand that although most deaths occur within three hours, my 149
203	203	death may take longer and my attending physician has counseled me 150
204	204	about this possibility. 151
205	205	I make this request voluntarily and without reservation, and I accept 152
206	206	full responsibility for my decision to request aid in dying. 153
207	207	Signed: …. 154
208	208	Dated: …. 155
209	209	DECLARATION OF WITNESSES 156
210	210	By initialing and signing below on the date the person named above 157
211	211	signs, I declare that: 158
212	212	Raised Bill No. 5420
213	213
214	214
215	215
216	216	LCO No. 2340 7 of 16
217	217
218	218	Witness 1 …. Witness 2 …. 159
219	219	Initials …. Initials …. 160
220	220	…. 1. The person making and signing the request is personally known 161
221	221	to me or has provided proof of identity; 162
222	222	…. 2. The person making and signing the request signed this request 163
223	223	in my presence on the date of the person's signature; 164
224	224	…. 3. The person making the request appears to be of sound mind 165
225	225	and not under duress, fraud or undue influence; 166
226	226	…. 4. I am not the attending physician for the person making the 167
227	227	request; 168
228	228	…. 5. The person making the request is not my relative by blood, 169
229	229	marriage or adoption; 170
230	230	…. 6. I am not entitled to any portion of the estate of the person 171
231	231	making the request upon such person's death under any will or by 172
232	232	operation of law; and 173
233	233	…. 7. I am not an owner, operator or employee of a health care facility 174
234	234	where the person making the request is a resident or receiving medical 175
235	235	treatment. 176
236	236	Printed Name of Witness 1 …. 177
237	237	Signature of Witness 1 …. Date …. 178
238	238	Printed Name of Witness 2 …. 179
239	239	Signature of Witness 2 …. Date …. 180
240	240	Sec. 5. (NEW) (Effective October 1, 2020) (a) A qualified patient may 181
241	241	rescind his or her request for aid in dying at any time and in any manner 182
242	242	without regard to his or her mental state. 183
243	243	Raised Bill No. 5420
244	244
245	245
246	246
247	247	LCO No. 2340 8 of 16
248	248
249	249	(b) An attending physician shall offer a qualified patient an 184
250	250	opportunity to rescind his or her request for aid in dying at the time 185
251	251	such patient submits a second written request for aid in dying to the 186
252	252	attending physician. 187
253	253	(c) No attending physician shall dispense or prescribe medication for 188
254	254	aid in dying without the attending physician first offering the qualified 189
255	255	patient a second opportunity to rescind his or her request for aid in 190
256	256	dying. 191
257	257	Sec. 6. (NEW) (Effective October 1, 2020) When an attending physician 192
258	258	is presented with a patient's first written request for aid in dying made 193
259	259	pursuant to sections 2 to 4, inclusive, of this act, the attending physician 194
260	260	shall: 195
261	261	(1) Make a determination that the patient (A) is an adult, (B) has a 196
262	262	terminal illness, (C) is competent, and (D) has voluntarily requested aid 197
263	263	in dying. Such determination shall not be made solely on the basis of 198
264	264	age, disability or any specific illness; 199
265	265	(2) Require the patient to demonstrate residency in this state by 200
266	266	presenting: (A) A Connecticut driver's license; (B) a valid voter 201
267	267	registration record authorizing the patient to vote in this state; or (C) 202
268	268	any other government-issued document that the attending physician 203
269	269	reasonably believes demonstrates that the patient is a current resident 204
270	270	of this state; 205
271	271	(3) Ensure that the patient is making an informed decision by 206
272	272	informing the patient of: (A) The patient's medical diagnosis; (B) the 207
273	273	patient's prognosis; (C) the potential risks associated with self-208
274	274	administering the medication to be dispensed or prescribed for aid in 209
275	275	dying; (D) the probable result of self-administering the medication to be 210
276	276	dispensed or prescribed for aid in dying; (E) the feasible alternatives to 211
277	277	aid in dying and health care treatment options including, but not limited 212
278	278	to, palliative care; and (F) the availability of counseling with a 213
279	279	psychologist, psychiatrist or licensed clinical social worker; and 214
280	280	Raised Bill No. 5420
281	281
282	282
283	283
284	284	LCO No. 2340 9 of 16
285	285
286	286	(4) Refer the patient to a consulting physician for medical 215
287	287	confirmation of the attending physician's diagnosis of the patient's 216
288	288	terminal illness, the patient's prognosis and for a determination that the 217
289	289	patient is competent and acting voluntarily in requesting aid in dying. 218
290	290	Sec. 7. (NEW) (Effective October 1, 2020) In order for a patient to be 219
291	291	found to be a qualified patient for the purposes of this section, sections 220
292	292	1 to 6, inclusive, of this act and sections 8 to 19, inclusive, of this act, a 221
293	293	consulting physician shall: (1) Examine the patient and the patient's 222
294	294	relevant medical records; (2) confirm, in writing, the attending 223
295	295	physician's diagnosis that the patient has a terminal illness; (3) verify 224
296	296	that the patient is competent, is acting voluntarily and has made an 225
297	297	informed decision to request aid in dying; and (4) refer the patient for 226
298	298	counseling, if required in accordance with section 8 of this act. 227
299	299	Sec. 8. (NEW) (Effective October 1, 2020) (a) If, in the medical opinion 228
300	300	of the attending physician or the consulting physician, a patient may be 229
301	301	suffering from a psychiatric or psychological condition including, but 230
302	302	not limited to, depression, that is causing impaired judgment, either the 231
303	303	attending or consulting physician shall refer the patient for counseling 232
304	304	to determine whether the patient is competent to request aid in dying. 233
305	305	(b) An attending physician shall not provide the patient aid in dying 234
306	306	until the person providing such counseling determines that the patient 235
307	307	is not suffering a psychiatric or psychological condition including, but 236
308	308	not limited to, depression, that is causing impaired judgment. 237
309	309	Sec. 9. (NEW) (Effective October 1, 2020) (a) After an attending 238
310	310	physician and a consulting physician determine that a patient is a 239
311	311	qualified patient, in accordance with sections 6 to 8, inclusive, of this act 240
312	312	and after such qualified patient submits a second request for aid in 241
313	313	dying in accordance with sections 3 and 4 of this act, the attending 242
314	314	physician shall: 243
315	315	(1) Recommend to the qualified patient that he or she notify his or her 244
316	316	next of kin of the qualified patient's request for aid in dying and inform 245
317	317	Raised Bill No. 5420
318	318
319	319
320	320
321	321	LCO No. 2340 10 of 16
322	322
323	323	the qualified patient that a failure to do so shall not be a basis for the 246
324	324	denial of such request; 247
325	325	(2) Counsel the qualified patient concerning the importance of: (A) 248
326	326	Having another person present when the qualified patient self-249
327	327	administers the medication dispensed or prescribed for aid in dying; 250
328	328	and (B) not taking the medication in a public place; 251
329	329	(3) Inform the qualified patient that he or she may rescind his or her 252
330	330	request for aid in dying at any time and in any manner; 253
331	331	(4) Verify, immediately before dispensing or prescribing medication 254
332	332	for aid in dying, that the qualified patient is making an informed 255
333	333	decision; 256
334	334	(5) Fulfill the medical record documentation requirements set forth 257
335	335	in section 10 of this act; and 258
336	336	(6) (A) Dispense such medication, including ancillary medication 259
337	337	intended to facilitate the desired effect to minimize the qualified 260
338	338	patient's discomfort, if the attending physician is authorized to dispense 261
339	339	such medication, to the qualified patient; or (B) upon the qualified 262
340	340	patient's request and with the qualified patient's written consent (i) 263
341	341	contact a pharmacist and inform the pharmacist of the prescription, and 264
342	342	(ii) personally deliver the written prescription, by mail, facsimile or 265
343	343	electronic transmission to the pharmacist, who shall dispense such 266
344	344	medication directly to the qualified patient, the attending physician or 267
345	345	an expressly identified agent of the qualified patient. 268
346	346	(b) The person signing the qualified patient's death certificate shall 269
347	347	list the underlying terminal illness as the cause of death. 270
348	348	Sec. 10. (NEW) (Effective October 1, 2020) The attending physician shall 271
349	349	ensure that the following items are documented or filed in a qualified 272
350	350	patient's medical record: 273
351	351	(1) The basis for determining that a qualified patient is an adult and 274
352	352	Raised Bill No. 5420
353	353
354	354
355	355
356	356	LCO No. 2340 11 of 16
357	357
358	358	a resident of the state; 275
359	359	(2) All oral requests by a qualified patient for medication for aid in 276
360	360	dying; 277
361	361	(3) All written requests by a qualified patient for medication for aid 278
362	362	in dying; 279
363	363	(4) The attending physician's diagnosis of a qualified patient's 280
364	364	terminal illness and prognosis, and a determination that a qualified 281
365	365	patient is competent, is acting voluntarily and has made an informed 282
366	366	decision to request aid in dying; 283
367	367	(5) The consulting physician's confirmation of a qualified patient's 284
368	368	diagnosis and prognosis, confirmation that a qualified patient is 285
369	369	competent, is acting voluntarily and has made an informed decision to 286
370	370	request aid in dying; 287
371	371	(6) A report of the outcome and determinations made during 288
372	372	counseling, if counseling was recommended and provided in 289
373	373	accordance with section 8 of this act; 290
374	374	(7) Documentation of the attending physician's offer to a qualified 291
375	375	patient to rescind his or her request for aid in dying at the time the 292
376	376	attending physician dispenses or prescribes medication for aid in dying; 293
377	377	and 294
378	378	(8) A statement by the attending physician indicating that (A) all 295
379	379	requirements under this section and sections 1 to 9, inclusive, of this act 296
380	380	have been met, and (B) the steps taken to carry out a qualified patient's 297
381	381	request for aid in dying, including the medication dispensed or 298
382	382	prescribed. 299
383	383	Sec. 11. (NEW) (Effective October 1, 2020) Any person, other than a 300
384	384	qualified patient, in possession of medication dispensed or prescribed 301
385	385	for aid in dying that has not been self-administered shall return such 302
386	386	medication to the attending physician or the Commissioner of 303
387	387	Raised Bill No. 5420
388	388
389	389
390	390
391	391	LCO No. 2340 12 of 16
392	392
393	393	Consumer Protection in accordance with section 21a-252 of the general 304
394	394	statutes. 305
395	395	Sec. 12. (NEW) (Effective October 1, 2020) (a) Any provision of a 306
396	396	contract, including, but not limited to, a contract related to an insurance 307
397	397	policy or annuity, conditioned on or affected by the making or 308
398	398	rescinding of a request for aid in dying shall not be valid. 309
399	399	(b) On and after October 1, 2020, the sale, procurement or issuance of 310
400	400	any life, health or accident insurance or annuity policy or the rate 311
401	401	charged for any such policy shall not be conditioned upon or affected 312
402	402	by the making or rescinding of a request for aid in dying. 313
403	403	(c) A qualified patient's act of requesting aid in dying or self-314
404	404	administering medication dispensed or prescribed for aid in dying shall 315
405	405	not constitute suicide for any purpose, including, but not limited to, a 316
406	406	criminal prosecution under section 53a-56 of the general statutes. 317
407	407	Sec. 13. (NEW) (Effective October 1, 2020) (a) As used in this section, 318
408	408	"participate in the provision of medication" means to perform the duties 319
409	409	of an attending physician or consulting physician, a psychiatrist, 320
410	410	psychologist or pharmacist in accordance with the provisions of sections 321
411	411	2 to 10, inclusive, of this act. "Participate in the provision of medication" 322
412	412	does not include: (1) Making an initial diagnosis of a patient's terminal 323
413	413	illness; (2) informing a patient of his or her medical diagnosis or 324
414	414	prognosis; (3) informing a patient concerning the provisions of this 325
415	415	section, sections 1 to 12, inclusive, of this act and sections 16 to 19, 326
416	416	inclusive, of this act, upon the patient's request; or (4) referring a patient 327
417	417	to another health care provider for aid in dying. 328
418	418	(b) Participation in any act described in sections 1 to 12, inclusive, of 329
419	419	this act and sections 16 to 19, inclusive, of this act by a patient, health 330
420	420	care provider or any other person shall be voluntary. Each health care 331
421	421	provider shall individually and affirmatively determine whether to 332
422	422	participate in the provision of medication to a qualified patient for aid 333
423	423	in dying. A health care facility shall not require a health care provider 334
424	424	Raised Bill No. 5420
425	425
426	426
427	427
428	428	LCO No. 2340 13 of 16
429	429
430	430	to participate in the provision of medication to a qualified patient for aid 335
431	431	in dying, but may prohibit such participation in accordance with 336
432	432	subsection (d) of this section. 337
433	433	(c) If a health care provider or health care facility chooses not to 338
434	434	participate in the provision of medication to a qualified patient for aid 339
435	435	in dying, upon request of a qualified patient, such health care provider 340
436	436	or health care facility shall transfer all relevant medical records to any 341
437	437	health care provider or health care facility, as directed by a qualified 342
438	438	patient. 343
439	439	(d) A health care facility may adopt written policies prohibiting a 344
440	440	health care provider associated with such health care facility from 345
441	441	participating in the provision of medication to a patient for aid in dying, 346
442	442	provided such facility provides written notice of such policy and any 347
443	443	sanctions for violation of such policy to such health care provider. 348
444	444	Notwithstanding the provisions of this subsection or any policies 349
445	445	adopted in accordance with this subsection, a health care provider may: 350
446	446	(1) Diagnose a patient with a terminal illness; (2) inform a patient of his 351
447	447	or her medical prognosis; (3) provide a patient with information 352
448	448	concerning the provisions of this section, sections 1 to 12, inclusive, of 353
449	449	this act and sections 16 to 19, inclusive, of this act, upon a patient's 354
450	450	request; (4) refer a patient to another health care facility or health care 355
451	451	provider; (5) transfer a patient's medical records to a health care 356
452	452	provider or health care facility, as requested by a patient; or (6) 357
453	453	participate in the provision of medication for aid in dying when such 358
454	454	health care provider is acting outside the scope of his or her employment 359
455	455	or contract with a health care facility that prohibits participation in the 360
456	456	provision of such medication. 361
457	457	(e) Except as provided in a policy adopted in accordance with 362
458	458	subsection (d) of this section, no health care facility may subject an 363
459	459	employee or other person who provides services under contract with 364
460	460	the health care facility to disciplinary action, loss of privileges, loss of 365
461	461	membership or any other penalty for participating, or refusing to 366
462	462	Raised Bill No. 5420
463	463
464	464
465	465
466	466	LCO No. 2340 14 of 16
467	467
468	468	participate, in the provision of medication or related activities in good 367
469	469	faith compliance with the provisions of this section, sections 1 to 12, 368
470	470	inclusive, of this act and sections 16 to 19, inclusive, of this act. 369
471	471	Sec. 14. (NEW) (Effective October 1, 2020) (a) A person is guilty of 370
472	472	murder when such person, without authorization of a patient, wilfully 371
473	473	alters or forges a request for aid in dying, as described in sections 3 and 372
474	474	4 of this act, or conceals or destroys a rescission of such a request for aid 373
475	475	in dying with the intent or effect of causing the patient's death. 374
476	476	(b) A person is guilty of murder when such person coerces or exerts 375
477	477	undue influence on a patient to complete a request for aid in dying, as 376
478	478	described in sections 3 and 4 of this act, or coerces or exerts undue 377
479	479	influence on a patient to destroy a rescission of such request with the 378
480	480	intent or effect of causing the patient's death. 379
481	481	Sec. 15. (NEW) (Effective October 1, 2020) (a) Nothing in sections 1 to 380
482	482	14, inclusive, of this act or sections 16 to 19, inclusive, of this act 381
483	483	authorizes a physician or any other person to end another person's life 382
484	484	by lethal injection, mercy killing, assisting a suicide or any other active 383
485	485	euthanasia. 384
486	486	(b) No action taken in accordance with sections 1 to 14, inclusive, of 385
487	487	this act or sections 16 to 19, inclusive, of this act shall constitute causing 386
488	488	or assisting another person to commit suicide in violation of section 53a-387
489	489	54a or 53a-56 of the general statutes. 388
490	490	(c) No person shall be subject to civil or criminal liability or 389
491	491	professional disciplinary action, including, but not limited to, 390
492	492	revocation of such person's professional license, for (1) participating in 391
493	493	the provision of medication or related activities in good faith 392
494	494	compliance with the provisions of sections 1 to 14, inclusive, of this act 393
495	495	and sections 16 to 19, inclusive, of this act, or (2) being present at the 394
496	496	time a qualified patient self-administers medication dispensed or 395
497	497	prescribed for aid in dying. 396
498	498	Raised Bill No. 5420
499	499
500	500
501	501
502	502	LCO No. 2340 15 of 16
503	503
504	504	(d) An attending physician's dispensing of, or issuance of a 397
505	505	prescription for medication for aid in dying or a patient's request for aid 398
506	506	in dying, in good faith compliance with the provisions of sections 1 to 399
507	507	19, inclusive, of this act shall not constitute neglect for the purpose of 400
508	508	any law or provide the sole basis for appointment of a guardian or 401
509	509	conservator for such patient. 402
510	510	Sec. 16. (NEW) (Effective October 1, 2020) Sections 1 to 15, inclusive, of 403
511	511	this act or sections 17 to 19, inclusive, of this act do not limit liability for 404
512	512	civil damages resulting from negligent conduct or intentional 405
513	513	misconduct by any person. 406
514	514	Sec. 17. (NEW) (Effective October 1, 2020) (a) Any person who 407
515	515	knowingly possesses, sells or delivers medication dispensed or 408
516	516	prescribed for aid in dying for any purpose other than delivering such 409
517	517	medication to a qualified patient, or returning such medication in 410
518	518	accordance with section 11 of this act, shall be guilty of a class D felony. 411
519	519	(b) Nothing in sections 1 to 16, inclusive, of this act or section 18 or 19 412
520	520	of this act shall preclude criminal prosecution under any provision of 413
521	521	law for conduct that is inconsistent with said sections. 414
522	522	Sec. 18. (NEW) (Effective October 1, 2020) Nothing in sections 1 to 17, 415
523	523	inclusive, of this act or section 19 of this act shall limit the jurisdiction or 416
524	524	authority of the nonprofit entity designated by the Governor to serve as 417
525	525	the Connecticut protection and advocacy system under chapter 813 of 418
526	526	the general statutes. 419
527	527	Sec. 19. (NEW) (Effective October 1, 2020) No person who serves as an 420
528	528	attending physician, consulting physician or a witness as described in 421
529	529	section 3 of this act, or otherwise participates in the provision of 422
530	530	medication for aid in dying to a qualified patient, shall inherit or receive 423
531	531	any part of the estate of such qualified patient, whether under the 424
532	532	provisions of law relating to intestate succession or as a devisee or 425
533	533	legatee, or otherwise under the will of such qualified patient, or receive 426
534	534	any property as beneficiary or survivor of such qualified patient after 427
535	535	Raised Bill No. 5420
536	536
537	537
538	538
539	539	LCO No. 2340 16 of 16
540	540
541	541	such qualified patient has self-administered medication dispensed or 428
542	542	prescribed for aid in dying. 429
543	543	This act shall take effect as follows and shall amend the following
544	544	sections:
545	545
546	546	Section 1 October 1, 2020 New section
547	547	Sec. 2 October 1, 2020 New section
548	548	Sec. 3 October 1, 2020 New section
549	549	Sec. 4 October 1, 2020 New section
550	550	Sec. 5 October 1, 2020 New section
551	551	Sec. 6 October 1, 2020 New section
552	552	Sec. 7 October 1, 2020 New section
553	553	Sec. 8 October 1, 2020 New section
554	554	Sec. 9 October 1, 2020 New section
555	555	Sec. 10 October 1, 2020 New section
556	556	Sec. 11 October 1, 2020 New section
557	557	Sec. 12 October 1, 2020 New section
558	558	Sec. 13 October 1, 2020 New section
559	559	Sec. 14 October 1, 2020 New section
560	560	Sec. 15 October 1, 2020 New section
561	561	Sec. 16 October 1, 2020 New section
562	562	Sec. 17 October 1, 2020 New section
563	563	Sec. 18 October 1, 2020 New section
564	564	Sec. 19 October 1, 2020 New section
565	565
566	566	Statement of Purpose:
567	567	To provide aid in dying to terminally ill patients.
568	568
569	569	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
570	570	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
571	571	underlined.]
572	572