Connecticut 2022 2022 Regular Session

Connecticut Senate Bill SB00088 Introduced / Bill

Filed 02/14/2022

                        
 
 
 
 
LCO No. 1118  	1 of 17 
 
General Assembly  Raised Bill No. 88  
February Session, 2022 
LCO No. 1118 
 
 
Referred to Committee on PUBLIC HEALTH  
 
 
Introduced by:  
(PH)  
 
 
 
 
AN ACT CONCERNING AID IN DYING FOR TERMINALLY ILL 
PATIENTS. 
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. (NEW) (Effective October 1, 2022) As used in this section and 1 
sections 2 to 19, inclusive, of this act: 2 
(1) "Adult" means a person who is eighteen years of age or older; 3 
(2) "Aid in dying" means the medical practice of a physician 4 
prescribing medication to a qualified patient who is terminally ill, which 5 
medication a qualified patient may self-administer to bring about such 6 
patient's death; 7 
(3) "Attending physician" means the physician who has primary 8 
responsibility for the medical care of a patient and treatment of a 9 
patient's terminal illness and whose practice is not primarily comprised 10 
of evaluating, qualifying and prescribing or dispensing medication 11 
pursuant to the provisions this section and sections 2 to 19, inclusive, of 12 
this act; 13  Raised Bill No.  88 
 
 
 
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(4) "Competent" means, in the opinion of a patient's attending 14 
physician, consulting physician, psychiatrist, psychologist or licensed 15 
clinical social worker, that a patient has the capacity to understand and 16 
acknowledge the nature and consequences of health care decisions, 17 
including the benefits and disadvantages of treatment, to make an 18 
informed decision and to communicate such decision to a health care 19 
provider, including communicating through a person familiar with a 20 
patient's manner of communicating; 21 
(5) "Consulting physician" means a physician other than a patient's 22 
attending physician who is qualified by specialty or experience to make 23 
a professional diagnosis and prognosis regarding a patient's terminal 24 
illness; 25 
(6) "Counseling" means one or more consultations as necessary 26 
between a psychiatrist, psychologist or licensed clinical social worker 27 
and a patient for the purpose of determining that a patient is competent 28 
and not suffering from depression or any other psychiatric or 29 
psychological disorder that causes impaired judgment; 30 
(7) "Health care provider" means a person licensed, certified or 31 
otherwise authorized or permitted by the laws of this state to administer 32 
health care or dispense medication in the ordinary course of business or 33 
practice of a profession, including, but not limited to, a physician, 34 
psychiatrist, psychologist or pharmacist; 35 
(8) "Health care facility" means a hospital, residential care home, 36 
nursing home or rest home, as such terms are defined in section 19a-490 37 
of the general statutes; 38 
(9) "Hospice care" means health care centered on a terminally ill 39 
patient and such patient's family that provides for the physical, 40 
psychosocial, spiritual and emotional needs of such patient; 41 
(10) "Informed decision" means a decision by a qualified patient to 42 
request and obtain a prescription for medication that the qualified 43 
patient may self-administer for aid in dying, that is based on an 44  Raised Bill No.  88 
 
 
 
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understanding and acknowledgment of the relevant facts and after 45 
being fully informed by the attending physician of: (A) The qualified 46 
patient's medical diagnosis and prognosis; (B) the potential risks 47 
associated with self-administering the medication to be prescribed; (C) 48 
the probable result of taking the medication to be dispensed or 49 
prescribed; and (D) the feasible alternatives to aid in dying and health 50 
care treatment options, including, but not limited to, hospice care and 51 
palliative care; 52 
(11) "Licensed clinical social worker" means a person who has been 53 
licensed as a clinical social worker pursuant to chapter 383b of the 54 
general statutes; 55 
(12) "Medically confirmed" means the medical opinion of the 56 
attending physician has been confirmed by a consulting physician who 57 
has examined the patient and the patient's relevant medical records; 58 
(13) "Palliative care" means health care centered on a seriously ill 59 
patient and such patient's family that (A) optimizes a patient's quality 60 
of life by anticipating, preventing and treating a patient's suffering 61 
throughout the continuum of a patient's serious illness, (B) addresses 62 
the physical, emotional, social and spiritual needs of a patient, (C) 63 
facilitates patient autonomy, patient access to information and patient 64 
choice, and (D) includes, but is not limited to, discussions between a 65 
patient and a health care provider concerning a patient's goals for 66 
treatment and appropriate treatment options available to a patient, 67 
including hospice care and comprehensive pain and symptom 68 
management; 69 
(14) "Patient" means a person who is under the care of a physician; 70 
(15) "Pharmacist" means a person licensed to practice pharmacy 71 
pursuant to chapter 400j of the general statutes; 72 
(16) "Physician" means a person licensed to practice medicine and 73 
surgery pursuant to chapter 370 of the general statutes; 74  Raised Bill No.  88 
 
 
 
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(17) "Psychiatrist" means a physician specializing in psychiatry and 75 
licensed pursuant to chapter 370 of the general statutes; 76 
(18) "Psychologist" means a person licensed to practice psychology 77 
pursuant to chapter 383 of the general statutes; 78 
(19) "Qualified patient" means a competent adult who is a resident of 79 
this state, has a terminal illness and has satisfied the requirements of this 80 
section and sections 2 to 9, inclusive, of this act, in order to obtain aid in 81 
dying; 82 
(20) "Self-administer" means a qualified patient's voluntary, 83 
conscious and affirmative act of ingesting medication; and 84 
(21) "Terminal illness" means the final stage of an incurable and 85 
irreversible medical condition that an attending physician anticipates, 86 
within reasonable medical judgment, will produce a patient's death 87 
within six months if the progression of such condition follows its typical 88 
course. 89 
Sec. 2. (NEW) (Effective October 1, 2022) (a) A patient who (1) is an 90 
adult, (2) is competent, (3) is a resident of this state, (4) has been 91 
determined by such patient's attending physician to have a terminal 92 
illness, and (5) has voluntarily expressed such patient's wish to receive 93 
aid in dying, may request aid in dying by submitting two written 94 
requests to such patient's attending physician pursuant to sections 3 and 95 
4 of this act. 96 
(b) No person, including, but not limited to, an agent under a living 97 
will, an attorney-in-fact under a durable power of attorney, a guardian, 98 
or a conservator, may act on behalf of a patient for purposes of this 99 
section, section 1 of this act and sections 3 to 20, inclusive, of this act. 100 
Sec. 3. (NEW) (Effective October 1, 2022) (a) A patient wishing to 101 
receive aid in dying shall submit two written requests to such patient's 102 
attending physician pursuant to section 4 of this act. A patient's second 103 
written request for aid in dying shall be submitted not earlier than 104  Raised Bill No.  88 
 
 
 
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fifteen days after the date on which such patient submits the first written 105 
request. A valid written request for aid in dying under sections 1 and 2 106 
of this act and sections 4 to 19, inclusive, of this act shall be signed and 107 
dated by the patient. Each written request shall be witnessed by at least 108 
two persons in the presence of the patient. Each person serving as a 109 
witness shall attest, in writing, that to the best of such person's 110 
knowledge and belief (1) the patient appears to be of sound mind, (2) 111 
the patient is acting voluntarily and not being coerced to sign the 112 
request, and (3) the witness is not: (A) A relative of the patient by blood, 113 
marriage or adoption, (B) entitled to any portion of the estate of the 114 
patient upon the patient's death, under any will or by operation of law, 115 
(C) an owner, operator or employee of a health care facility where the 116 
patient is a resident or receiving medical treatment, or (D) such patient's 117 
attending physician at the time the request is signed. 118 
(b) Any patient's act of requesting aid in dying or a qualified patient's 119 
self-administration of medication prescribed for aid in dying shall not 120 
provide the sole basis for appointment of a conservator or guardian for 121 
such patient or qualified patient. 122 
Sec. 4. (NEW) (Effective October 1, 2022) A written request for aid in 123 
dying as authorized by this section, sections 1 to 3, inclusive, of this act 124 
and sections 5 to 20, inclusive, of this act shall be in substantially the 125 
following form: 126 
REQUEST FOR MEDICATION TO AID IN DYING 127 
I, .…, am an adult of sound mind. 128 
I am a resident of the State of Connecticut. 129 
I am suffering from …., which my attending physician has 130 
determined is an incurable and irreversible medical condition that will, 131 
within reasonable medical judgment, result in death within six months 132 
from the date on which this document is executed if the progression of 133 
such condition follows its typical course. This diagnosis of a terminal 134 
illness has been medically confirmed by another physician. 135  Raised Bill No.  88 
 
 
 
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I have been fully informed of my diagnosis, prognosis, the nature of 136 
medication to be dispensed or prescribed to aid me in dying, the 137 
potential associated risks, the expected result, feasible alternatives to aid 138 
in dying and additional health care treatment options, including hospice 139 
care and palliative care and the availability of counseling with a 140 
psychologist, psychiatrist or licensed clinical social worker. 141 
I request that my attending physician dispense or prescribe 142 
medication that I may self-administer for aid in dying. I authorize my 143 
attending physician to contact a pharmacist to fill the prescription for 144 
such medication, upon my request. 145 
INITIAL ONE: 146 
…. I have informed my family of my decision and taken family 147 
opinions into consideration. 148 
…. I have decided not to inform my family of my decision. 149 
…. I have no family to inform of my decision. 150 
I understand that I have the right to rescind this request at any time. 151 
I understand the full import of this request and I expect to die if and 152 
when I take the medication to be dispensed or prescribed. I further 153 
understand that although most deaths occur within one hour, my death 154 
may take longer and my attending physician has counseled me about 155 
this possibility. 156 
I make this request voluntarily and without reservation, and I accept 157 
full responsibility for my decision to request aid in dying. 158 
Signed: …. 159 
Dated: …. 160 
DECLARATION OF WITNESSES 161 
By initialing and signing below on the date the person named above 162  Raised Bill No.  88 
 
 
 
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signs, I declare that: 163 
Witness 1 …. Witness 2 …. 164 
Initials …. Initials …. 165 
…. 1. The person making and signing the request is personally known 166 
to me or has provided proof of identity; 167 
…. 2. The person making and signing the request signed this request 168 
in my presence on the date of the person's signature; 169 
…. 3. The person making the request appears to be of sound mind 170 
and not under duress, fraud or undue influence; 171 
…. 4. I am not the attending physician for the person making the 172 
request; 173 
…. 5. The person making the request is not my relative by blood, 174 
marriage or adoption; 175 
…. 6. I am not entitled to any portion of the estate of the person 176 
making the request upon such person's death under any will or by 177 
operation of law; and 178 
…. 7. I am not an owner, operator or employee of a health care facility 179 
where the person making the request is a resident or receiving medical 180 
treatment. 181 
Printed Name of Witness 1 …. 182 
Signature of Witness 1 …. Date …. 183 
Printed Name of Witness 2 …. 184 
Signature of Witness 2 …. Date …. 185 
Sec. 5. (NEW) (Effective October 1, 2022) (a) A qualified patient may 186 
rescind such patient's request for aid in dying at any time and in any 187 
manner without regard to such patient's mental state. 188  Raised Bill No.  88 
 
 
 
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(b) An attending physician shall offer a qualified patient an 189 
opportunity to rescind such patient's request for aid in dying at the time 190 
such patient makes a second written request for aid in dying to the 191 
attending physician. 192 
(c) No attending physician shall dispense or prescribe medication for 193 
aid in dying without the attending physician first offering the qualified 194 
patient a second opportunity to rescind such patient's request for aid in 195 
dying. 196 
Sec. 6. (NEW) (Effective October 1, 2022) When an attending physician 197 
is presented with a patient's first written request for aid in dying made 198 
pursuant to sections 2 to 4, inclusive, of this act, the attending physician 199 
shall: 200 
(1) Make a determination that the patient (A) is an adult, (B) has a 201 
terminal illness, (C) is competent, and (D) has voluntarily requested aid 202 
in dying. Such determination shall not be made solely on the basis of 203 
age, disability or any specific illness; 204 
(2) Require the patient to demonstrate residency in this state by 205 
presenting: (A) A valid Connecticut driver's license; (B) a valid voter 206 
registration record authorizing the patient to vote in this state; or (C) 207 
any other valid government-issued document that the attending 208 
physician reasonably believes demonstrates that the patient is a resident 209 
of this state on the date the request is presented; 210 
(3) Ensure that the patient is making an informed decision by 211 
informing the patient of: (A) The patient's medical diagnosis; (B) the 212 
patient's prognosis; (C) the potential risks associated with self-213 
administering the medication to be dispensed or prescribed for aid in 214 
dying; (D) the probable result of self-administering the medication to be 215 
dispensed or prescribed for aid in dying; (E) the feasible alternatives to 216 
aid in dying and health care treatment options including, but not limited 217 
to, hospice or palliative care; and (F) the availability of counseling with 218 
a psychologist, psychiatrist or licensed clinical social worker; and 219  Raised Bill No.  88 
 
 
 
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(4) Refer the patient to a consulting physician for medical 220 
confirmation of the attending physician's diagnosis of the patient's 221 
terminal illness, the patient's prognosis and for a determination that the 222 
patient is competent and acting voluntarily in requesting aid in dying. 223 
Sec. 7. (NEW) (Effective October 1, 2022) In order for a patient to be 224 
found to be a qualified patient for the purposes of this section, sections 225 
1 to 6, inclusive, of this act and sections 8 to 20, inclusive, of this act, a 226 
consulting physician shall: (1) Examine the patient and the patient's 227 
relevant medical records; (2) confirm, in writing, the attending 228 
physician's diagnosis that the patient has a terminal illness; (3) verify 229 
that the patient is competent, is acting voluntarily and has made an 230 
informed decision to request aid in dying, as described in subdivision 231 
(3) of section 6 of this act; and (4) refer the patient for counseling, if 232 
required in accordance with section 8 of this act. 233 
Sec. 8. (NEW) (Effective October 1, 2022) (a) If, in the medical opinion 234 
of the attending physician or the consulting physician, a patient may be 235 
suffering from a psychiatric or psychological condition including, but 236 
not limited to, depression, that is causing impaired judgment, either the 237 
attending or consulting physician shall refer the patient for counseling 238 
to determine whether the patient is competent to request aid in dying. 239 
(b) An attending physician shall not provide the patient aid in dying 240 
until the person providing such counseling determines that the patient 241 
is not suffering a psychiatric or psychological condition including, but 242 
not limited to, depression, that is causing impaired judgment. 243 
Sec. 9. (NEW) (Effective October 1, 2022) After an attending physician 244 
and a consulting physician determine that a patient is a qualified 245 
patient, in accordance with sections 6 to 8, inclusive, of this act and after 246 
such qualified patient submits a second written request for aid in dying 247 
in accordance with section 3 of this act, the attending physician shall: 248 
(1) Recommend to the qualified patient that such patient notify such 249 
patient's next of kin of the qualified patient's request for aid in dying 250 
and inform the qualified patient that a failure to do so shall not be a basis 251  Raised Bill No.  88 
 
 
 
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for the denial of such request; 252 
(2) Counsel the qualified patient concerning the importance of: (A) 253 
Having another person present when the qualified patient self-254 
administers the medication dispensed or prescribed for aid in dying; 255 
and (B) not taking the medication in a public place; 256 
(3) Inform the qualified patient that such patient may rescind such 257 
patient's request for aid in dying at any time and in any manner; 258 
(4) Verify, immediately before dispensing or prescribing medication 259 
for aid in dying, that the qualified patient is making an informed 260 
decision; 261 
(5) Fulfill the medical record documentation requirements set forth 262 
in section 10 of this act; and 263 
(6) (A) Dispense such medication, including ancillary medication 264 
intended to facilitate the desired effect to minimize the qualified 265 
patient's discomfort, if the attending physician is authorized to dispense 266 
such medication, to the qualified patient; or (B) upon the qualified 267 
patient's request and with the qualified patient's written consent (i) 268 
contact a pharmacist who chooses to participate in the provision of 269 
medication for aid in dying and inform the pharmacist of the 270 
prescription, and (ii) personally deliver the written prescription, by 271 
mail, facsimile or electronic transmission to the pharmacist, who may 272 
dispense such medication directly to the qualified patient, the attending 273 
physician or an expressly identified agent of the qualified patient. 274 
Sec. 10. (NEW) (Effective October 1, 2022) The attending physician shall 275 
ensure that the following items are documented or filed in a qualified 276 
patient's medical record: 277 
(1) The basis for determining that a qualified patient is an adult and 278 
a resident of the state; 279 
(2) All written requests by a qualified patient for medication for aid 280 
in dying; 281  Raised Bill No.  88 
 
 
 
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(3) The attending physician's diagnosis of a qualified patient's 282 
terminal illness and prognosis, and a determination that a qualified 283 
patient is competent, is acting voluntarily and has made an informed 284 
decision to request aid in dying; 285 
(4) The consulting physician's confirmation of a qualified patient's 286 
diagnosis and prognosis, confirmation that a qualified patient is 287 
competent, is acting voluntarily and has made an informed decision to 288 
request aid in dying; 289 
(5) A report of the outcome and determinations made during 290 
counseling, if counseling was recommended and provided in 291 
accordance with section 8 of this act; 292 
(6) Documentation of the attending physician's offer to a qualified 293 
patient to rescind such patient's request for aid in dying at the time the 294 
attending physician dispenses or prescribes medication for aid in dying; 295 
and 296 
(7) A statement by the attending physician indicating that (A) all 297 
requirements under this section and sections 1 to 9, inclusive, of this act 298 
have been met, and (B) the steps taken to carry out a qualified patient's 299 
request for aid in dying, including the medication dispensed or 300 
prescribed. 301 
Sec. 11. (NEW) (Effective October 1, 2022) Any person, other than a 302 
qualified patient, in possession of medication dispensed or prescribed 303 
for aid in dying that has not been self-administered shall (1) destroy 304 
such medication in a manner described on the Department of Consumer 305 
Protection's Internet web site, or (2) dispose of such medication at a 306 
pharmacy that accepts and disposes of unused prescription drugs 307 
pursuant to section 20-576a of the general statutes or a municipal police 308 
station that collects and disposes of unwanted pharmaceuticals 309 
pursuant to section 21a-12f of the general statutes. 310 
Sec. 12. (NEW) (Effective October 1, 2022) (a) Any provision of a 311 
contract, including, but not limited to, a contract related to an insurance 312  Raised Bill No.  88 
 
 
 
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policy or annuity, conditioned on or affected by the making or 313 
rescinding of a request for aid in dying shall not be valid. 314 
(b) Any provision of a will or codicil conditioned on or affected by 315 
the making or rescinding of a request for aid in dying shall not be valid. 316 
(c) On and after October 1, 2022, the sale, procurement or issuance of 317 
any life, health or accident insurance or annuity policy or the rate 318 
charged for any such policy shall not be conditioned upon or affected 319 
by the making or rescinding of a request for aid in dying. 320 
(d) A qualified patient's act of requesting aid in dying or self-321 
administering medication dispensed or prescribed for aid in dying shall 322 
not constitute suicide for any purpose, including, but not limited to, a 323 
criminal prosecution under section 53a-56 of the general statutes. 324 
Sec. 13. (NEW) (Effective October 1, 2022) (a) As used in this section, 325 
"participate in the provision of medication" means to perform the duties 326 
of an attending physician or consulting physician, a psychiatrist, 327 
psychologist or pharmacist in accordance with the provisions of sections 328 
2 to 10, inclusive, of this act. "Participate in the provision of medication" 329 
does not include: (1) Making an initial diagnosis of a patient's terminal 330 
illness; (2) informing a patient of such patient's medical diagnosis or 331 
prognosis; (3) informing a patient concerning the provisions of this 332 
section, sections 1 to 12, inclusive, of this act and sections 16 to 19, 333 
inclusive, of this act, upon the patient's request; or (4) referring a patient 334 
to another health care provider for aid in dying. 335 
(b) Participation in any act described in sections 1 to 12, inclusive, of 336 
this act and sections 16 to 19, inclusive, of this act by a patient, health 337 
care provider or any other person shall be voluntary. Each health care 338 
provider shall individually and affirmatively determine whether to 339 
participate in the provision of medication to a qualified patient for aid 340 
in dying. A health care facility shall not require a health care provider 341 
to participate in the provision of medication to a qualified patient for aid 342 
in dying, but may prohibit such participation in accordance with 343 
subsection (d) of this section. 344  Raised Bill No.  88 
 
 
 
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(c) If a health care provider or health care facility chooses not to 345 
participate in the provision of medication to a qualified patient for aid 346 
in dying, upon request of a qualified patient, such health care provider 347 
or health care facility shall transfer all relevant medical records to any 348 
health care provider or health care facility, as directed by a qualified 349 
patient. 350 
(d) A health care facility may adopt written policies prohibiting a 351 
health care provider associated with such health care facility from 352 
participating in the provision of medication to a patient for aid in dying, 353 
provided such facility provides written notice of such policy and any 354 
sanctions for violation of such policy to such health care provider. 355 
Notwithstanding the provisions of this subsection or any policies 356 
adopted in accordance with this subsection, a health care provider may: 357 
(1) Diagnose a patient with a terminal illness; (2) inform a patient of such 358 
patient's medical prognosis; (3) provide a patient with information 359 
concerning the provisions of this section, sections 1 to 12, inclusive, of 360 
this act and sections 16 to 19, inclusive, of this act, upon a patient's 361 
request; (4) refer a patient to another health care facility or health care 362 
provider; (5) transfer a patient's medical records to a health care 363 
provider or health care facility, as requested by a patient; or (6) 364 
participate in the provision of medication for aid in dying when such 365 
health care provider is acting outside the scope of such provider's 366 
employment or contract with a health care facility that prohibits 367 
participation in the provision of such medication. 368 
(e) Except as provided in a policy adopted in accordance with 369 
subsection (d) of this section, no health care facility may subject an 370 
employee or other person who provides services under contract with 371 
the health care facility to disciplinary action, loss of privileges, loss of 372 
membership or any other penalty for participating, or refusing to 373 
participate, in the provision of medication or related activities in good 374 
faith compliance with the provisions of this section, sections 1 to 12, 375 
inclusive, of this act and sections 16 to 19, inclusive, of this act. 376 
Sec. 14. (NEW) (Effective October 1, 2022) (a) Nothing in sections 1 to 377  Raised Bill No.  88 
 
 
 
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13, inclusive, of this act or sections 15 to 19, inclusive, of this act 378 
authorizes a physician or any other person to end another person's life 379 
by lethal injection, mercy killing, assisting a suicide or any other active 380 
euthanasia. 381 
(b) Nothing in sections 1 to 13, inclusive, of this act or sections 15 to 382 
19, inclusive, of this act authorizes a health care provider or any person, 383 
including a qualified patient, to end the qualified patient's life by 384 
intravenous or other parenteral injection or infusion, mercy killing, 385 
homicide, murder, manslaughter, euthanasia, or any other criminal act. 386 
(c) Any actions taken in accordance with sections 1 to 13, inclusive, of 387 
this act or sections 15 to 19, inclusive, of this act, do not, for any 388 
purposes, constitute suicide, assisted suicide, euthanasia, mercy killing, 389 
homicide, murder, manslaughter, elder abuse or neglect or any other 390 
civil or criminal violation under the general statutes. 391 
(d) No action taken in accordance with sections 1 to 13, inclusive, of 392 
this act or sections 15 to 19, inclusive, of this act shall constitute causing 393 
or assisting another person to commit suicide in violation of section 53a-394 
54a or 53a-56 of the general statutes. 395 
(e) No person shall be subject to civil or criminal liability or 396 
professional disciplinary action, including, but not limited to, 397 
revocation of such person's professional license, for (1) participating in 398 
the provision of medication or related activities in good faith 399 
compliance with the provisions of sections 1 to 13, inclusive, of this act 400 
and sections 15 to 19, inclusive, of this act, or (2) being present at the 401 
time a qualified patient self-administers medication dispensed or 402 
prescribed for aid in dying. 403 
(f) An attending physician's dispensing of, or issuance of a 404 
prescription for medication for aid in dying, a pharmacist's dispensing 405 
of medication for aid in dying or a patient's request for aid in dying, in 406 
good faith compliance with the provisions of this section, sections 1 to 407 
13, inclusive, of this act and sections 15 to 20, inclusive, of this act shall 408 
not constitute neglect for the purpose of any law or provide the sole 409  Raised Bill No.  88 
 
 
 
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basis for appointment of a guardian or conservator for such patient. 410 
Sec. 15. (NEW) (Effective October 1, 2022) Sections 1 to 14, inclusive, of 411 
this act or sections 16 to 19, inclusive, of this act do not limit liability for 412 
civil damages resulting from negligent conduct or intentional 413 
misconduct by any person. 414 
Sec. 16. (NEW) (Effective October 1, 2022) (a) Any person who 415 
knowingly possesses, sells or delivers medication dispensed or 416 
prescribed for aid in dying for any purpose other than delivering such 417 
medication to a qualified patient, or returning such medication in 418 
accordance with section 11 of this act, shall be guilty of a class D felony. 419 
(b) Nothing in sections 1 to 15, inclusive, of this act or sections 17 to 420 
19, inclusive, of this act shall preclude criminal prosecution under any 421 
provision of law for conduct that is inconsistent with said sections. 422 
Sec. 17. (NEW) (Effective October 1, 2022) Nothing in sections 1 to 16, 423 
inclusive, of this act or section 18 or 19 of this act shall limit the 424 
jurisdiction or authority of the nonprofit entity designated by the 425 
Governor to serve as the Connecticut protection and advocacy system 426 
under section 46a-10b of the general statutes. 427 
Sec. 18. (NEW) (Effective October 1, 2022) No person who serves as an 428 
attending physician or consulting physician shall inherit or receive any 429 
part of the estate of such qualified patient, whether under the provisions 430 
of law relating to intestate succession or as a devisee or legatee, or 431 
otherwise under the will of such qualified patient, or receive any 432 
property as beneficiary or survivor of such qualified patient after such 433 
qualified patient has self-administered medication dispensed or 434 
prescribed for aid in dying. 435 
Sec. 19. (NEW) (Effective from passage) Not later than October 1, 2022, 436 
the Department of Public Health shall create an attending physician 437 
checklist form and an attending physician follow-up form to facilitate 438 
the collection of information that attending physicians are required to 439 
submit to the department pursuant to the provisions of subsections (a) 440  Raised Bill No.  88 
 
 
 
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and (b) of section 20 of this act and post such forms on the department's 441 
Internet web site. 442 
Sec. 20. (NEW) (Effective October 1, 2022) (a) Not later than thirty days 443 
after prescribing medication to a qualified patient pursuant to the 444 
provisions of sections 1 to 18, inclusive, of this act, an attending 445 
physician shall submit to the department an attending physician 446 
checklist form, containing the following information: (1) The qualified 447 
patient's name and date of birth; (2) the qualified patient's diagnosis and 448 
prognosis; and (3) a statement by the attending physician indicating that 449 
all requirements under this section and sections 1 to 10, inclusive, of this 450 
act have been met and that such physician has prescribed medication 451 
pursuant to the provisions of sections 1 to 18, inclusive, of this act. 452 
(b) Not later than sixty days after an attending physician receives 453 
notification of a qualified patient's death from self-administration of 454 
medication prescribed pursuant to the provisions of sections 1 to 18, 455 
inclusive, of this act, such attending physician shall submit to the 456 
department an attending physician follow-up form, containing the 457 
following information: (1) The qualified patients name and date of birth; 458 
(2) the date of the qualified patient's death; and (3) whether the qualified 459 
patient was provided hospice care at the time of such patient's death. 460 
(c) On or before January 1, 2023, and annually thereafter, the 461 
Department of Public Health shall review the forms submitted pursuant 462 
to subsections (a) and (b) of this section to ensure compliance with the 463 
provisions of said subsections. 464 
(d) On or before January 1, 2023, and annually thereafter, the 465 
Department of Public Health shall submit a report, in accordance with 466 
the provisions of section 11-4a of the general statutes, to the joint 467 
standing committee of the General Assembly having cognizance of 468 
matters relating to public health containing the following data: (1) The 469 
number of prescriptions for medication written for qualified patients 470 
pursuant to the provisions of sections 1 to 18, inclusive, of this act; and 471 
(2) the number of qualified patients who died following self-472  Raised Bill No.  88 
 
 
 
LCO No. 1118   	17 of 17 
 
administration of medication prescribed pursuant to the provisions of 473 
sections 1 to 18, inclusive, of this act. Such report shall not contain the 474 
identifying information of any qualified patient or health care provider. 475 
(e) Any data collected by the Department of Public Health pursuant 476 
to the provisions of subsections (a) and (b) of this section shall not be 477 
subject to disclosure under the Freedom of Information Act, as defined 478 
in section 1-200 of the general statutes. 479 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 October 1, 2022 New section 
Sec. 2 October 1, 2022 New section 
Sec. 3 October 1, 2022 New section 
Sec. 4 October 1, 2022 New section 
Sec. 5 October 1, 2022 New section 
Sec. 6 October 1, 2022 New section 
Sec. 7 October 1, 2022 New section 
Sec. 8 October 1, 2022 New section 
Sec. 9 October 1, 2022 New section 
Sec. 10 October 1, 2022 New section 
Sec. 11 October 1, 2022 New section 
Sec. 12 October 1, 2022 New section 
Sec. 13 October 1, 2022 New section 
Sec. 14 October 1, 2022 New section 
Sec. 15 October 1, 2022 New section 
Sec. 16 October 1, 2022 New section 
Sec. 17 October 1, 2022 New section 
Sec. 18 October 1, 2022 New section 
Sec. 19 from passage New section 
Sec. 20 October 1, 2022 New section 
 
Statement of Purpose:   
To provide aid in dying to terminally ill patients. 
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except 
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not 
underlined.]