Connecticut 2022 Regular Session

Connecticut Senate Bill SB00088 Latest Draft

Bill / Comm Sub Version Filed 03/22/2022

                             
 
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General Assembly  Substitute Bill No. 88  
February Session, 2022 
 
 
 
 
 
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 18, 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 of this section and sections 2 to 18, inclusive, 12 
of this act; 13 
(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  Substitute Bill No. 88 
 
 
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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 
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  Substitute Bill No. 88 
 
 
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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 
(17) "Psychiatrist" means a physician specializing in psychiatry and 75 
licensed pursuant to chapter 370 of the general statutes; 76  Substitute Bill No. 88 
 
 
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(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 sections 99 
1 to 19, 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 
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, 2 and 106 
4 to 18, inclusive, of this act shall be signed and dated by the patient. 107  Substitute Bill No. 88 
 
 
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Each written request shall be witnessed by at least two persons in the 108 
presence of the patient. Each person serving as a witness shall attest, in 109 
writing, that to the best of such person's knowledge and belief (1) the 110 
patient appears to be of sound mind, (2) the patient is acting voluntarily 111 
and not being coerced to sign the request, and (3) the witness is not: (A) 112 
A relative of the patient by blood, marriage or adoption, (B) entitled to 113 
any portion of the estate of the patient upon the patient's death, under 114 
any will or by operation of law, (C) an owner, operator or employee of 115 
a health care facility where the patient is a resident or receiving medical 116 
treatment, or (D) such patient's attending physician at the time the 117 
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 sections 1 to 19, inclusive, of this act shall be in 124 
substantially the following form: 125 
REQUEST FOR MEDICATION TO AID IN DYING 126 
I, .…, am an adult of sound mind. 127 
I am a resident of the State of Connecticut. 128 
I am suffering from …., which my attending physician has 129 
determined is an incurable and irreversible medical condition that will, 130 
within reasonable medical judgment, result in death within six months 131 
from the date on which this document is executed if the progression of 132 
such condition follows its typical course. This diagnosis of a terminal 133 
illness has been medically confirmed by another physician. 134 
I have been fully informed of my diagnosis, prognosis, the nature of 135 
medication to be dispensed or prescribed to aid me in dying, the 136 
potential associated risks, the expected result, feasible alternatives to aid 137  Substitute Bill No. 88 
 
 
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in dying and additional health care treatment options, including hospice 138 
care and palliative care and the availability of counseling with a 139 
psychologist, psychiatrist or licensed clinical social worker. 140 
I request that my attending physician dispense or prescribe 141 
medication that I may self-administer for aid in dying. I authorize my 142 
attending physician to contact a pharmacist to fill the prescription for 143 
such medication, upon my request. 144 
INITIAL ONE: 145 
…. I have informed my family of my decision and taken family 146 
opinions into consideration. 147 
…. I have decided not to inform my family of my decision. 148 
…. I have no family to inform of my decision. 149 
I understand that I have the right to rescind this request at any time. 150 
I understand the full import of this request and I expect to die if and 151 
when I take the medication to be dispensed or prescribed. I further 152 
understand that although most deaths occur within one hour, my death 153 
may take longer and my attending physician has counseled me about 154 
this possibility. 155 
I make this request voluntarily and without reservation, and I accept 156 
full responsibility for my decision to request aid in dying. 157 
Signed: …. 158 
Dated: …. 159 
DECLARATION OF WITNESSES 160 
By initialing and signing below on the date the person named above 161 
signs, I declare that: 162 
Witness 1 …. Witness 2 …. 163  Substitute Bill No. 88 
 
 
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Initials …. Initials …. 164 
…. 1. The person making and signing the request is personally known 165 
to me or has provided proof of identity; 166 
…. 2. The person making and signing the request signed this request 167 
in my presence on the date of the person's signature; 168 
…. 3. The person making the request appears to be of sound mind 169 
and not under duress, fraud or undue influence; 170 
…. 4. I am not the attending physician for the person making the 171 
request; 172 
…. 5. The person making the request is not my relative by blood, 173 
marriage or adoption; 174 
…. 6. I am not entitled to any portion of the estate of the person 175 
making the request upon such person's death under any will or by 176 
operation of law; and 177 
…. 7. I am not an owner, operator or employee of a health care facility 178 
where the person making the request is a resident or receiving medical 179 
treatment. 180 
Printed Name of Witness 1 …. 181 
Signature of Witness 1 …. Date …. 182 
Printed Name of Witness 2 …. 183 
Signature of Witness 2 …. Date …. 184 
Sec. 5. (NEW) (Effective October 1, 2022) (a) A qualified patient may 185 
rescind such patient's request for aid in dying at any time and in any 186 
manner without regard to such patient's mental state. 187 
(b) An attending physician shall offer a qualified patient an 188 
opportunity to rescind such patient's request for aid in dying at the time 189  Substitute Bill No. 88 
 
 
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such patient makes a second written request for aid in dying to the 190 
attending physician. 191 
(c) No attending physician shall dispense or prescribe medication for 192 
aid in dying without the attending physician first offering the qualified 193 
patient a second opportunity to rescind such patient's request for aid in 194 
dying. 195 
Sec. 6. (NEW) (Effective October 1, 2022) When an attending physician 196 
is presented with a patient's first written request for aid in dying made 197 
pursuant to sections 2 to 4, inclusive, of this act, the attending physician 198 
shall: 199 
(1) Make a determination that the patient (A) is an adult, (B) has a 200 
terminal illness, (C) is competent, and (D) has voluntarily requested aid 201 
in dying. Such determination shall not be made solely on the basis of 202 
age, disability or any specific illness; 203 
(2) Require the patient to demonstrate residency in this state by 204 
presenting: (A) A valid Connecticut driver's license; (B) a valid voter 205 
registration record authorizing the patient to vote in this state; or (C) 206 
any other valid government-issued document that the attending 207 
physician reasonably believes demonstrates that the patient is a resident 208 
of this state on the date the request is presented; 209 
(3) Ensure that the patient is making an informed decision by 210 
informing the patient of: (A) The patient's medical diagnosis; (B) the 211 
patient's prognosis; (C) the potential risks associated with self-212 
administering the medication to be dispensed or prescribed for aid in 213 
dying; (D) the probable result of self-administering the medication to be 214 
dispensed or prescribed for aid in dying; (E) the feasible alternatives to 215 
aid in dying and health care treatment options including, but not limited 216 
to, hospice or palliative care; and (F) the availability of counseling with 217 
a psychologist, psychiatrist or licensed clinical social worker; and 218 
(4) Refer the patient to a consulting physician for medical 219 
confirmation of the attending physician's diagnosis of the patient's 220  Substitute Bill No. 88 
 
 
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terminal illness, the patient's prognosis and for a determination that the 221 
patient is competent and acting voluntarily in requesting aid in dying. 222 
Sec. 7. (NEW) (Effective October 1, 2022) In order for a patient to be 223 
found to be a qualified patient for the purposes of sections 1 to 19, 224 
inclusive, of this act, a consulting physician shall: (1) Examine the 225 
patient and the patient's relevant medical records; (2) confirm, in 226 
writing, the attending physician's diagnosis that the patient has a 227 
terminal illness; (3) verify that the patient is competent, is acting 228 
voluntarily and has made an informed decision to request aid in dying, 229 
as described in subdivision (3) of section 6 of this act; and (4) refer the 230 
patient for counseling, if required in accordance with section 8 of this 231 
act. 232 
Sec. 8. (NEW) (Effective October 1, 2022) (a) If, in the medical opinion 233 
of the attending physician or the consulting physician, a patient may be 234 
suffering from a psychiatric or psychological condition including, but 235 
not limited to, depression, that is causing impaired judgment, either the 236 
attending or consulting physician shall refer the patient for counseling 237 
to determine whether the patient is competent to request aid in dying. 238 
(b) An attending physician shall not provide the patient aid in dying 239 
until the person providing such counseling determines that the patient 240 
is not suffering a psychiatric or psychological condition including, but 241 
not limited to, depression, that is causing impaired judgment. 242 
Sec. 9. (NEW) (Effective October 1, 2022) After an attending physician 243 
and a consulting physician determine that a patient is a qualified 244 
patient, in accordance with sections 6 to 8, inclusive, of this act and after 245 
such qualified patient submits a second written request for aid in dying 246 
in accordance with section 3 of this act, the attending physician shall: 247 
(1) Recommend to the qualified patient that such patient notify such 248 
patient's next of kin of the qualified patient's request for aid in dying 249 
and inform the qualified patient that a failure to do so shall not be a basis 250 
for the denial of such request; 251  Substitute Bill No. 88 
 
 
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(2) Counsel the qualified patient concerning the importance of: (A) 252 
Having another person present when the qualified patient self-253 
administers the medication dispensed or prescribed for aid in dying; 254 
and (B) not taking the medication in a public place; 255 
(3) Inform the qualified patient that such patient may rescind such 256 
patient's request for aid in dying at any time and in any manner; 257 
(4) Verify, immediately before dispensing or prescribing medication 258 
for aid in dying, that the qualified patient is making an informed 259 
decision; 260 
(5) Fulfill the medical record documentation requirements set forth 261 
in section 10 of this act; and 262 
(6) (A) Dispense such medication, including ancillary medication 263 
intended to facilitate the desired effect to minimize the qualified 264 
patient's discomfort, if the attending physician is authorized to dispense 265 
such medication, to the qualified patient; or (B) upon the qualified 266 
patient's request and with the qualified patient's written consent (i) 267 
contact a pharmacist who chooses to participate in the provision of 268 
medication for aid in dying and inform the pharmacist of the 269 
prescription, and (ii) personally deliver the written prescription, by 270 
mail, facsimile or electronic transmission to the pharmacist, who may 271 
dispense such medication directly to the qualified patient, the attending 272 
physician or an expressly identified agent of the qualified patient. 273 
Sec. 10. (NEW) (Effective October 1, 2022) The attending physician shall 274 
ensure that the following items are documented or filed in a qualified 275 
patient's medical record: 276 
(1) The basis for determining that a qualified patient is an adult and 277 
a resident of the state; 278 
(2) All written requests by a qualified patient for medication for aid 279 
in dying; 280  Substitute Bill No. 88 
 
 
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(3) The attending physician's diagnosis of a qualified patient's 281 
terminal illness and prognosis, and a determination that a qualified 282 
patient is competent, is acting voluntarily and has made an informed 283 
decision to request aid in dying; 284 
(4) The consulting physician's confirmation of a qualified patient's 285 
diagnosis and prognosis, confirmation that a qualified patient is 286 
competent, is acting voluntarily and has made an informed decision to 287 
request aid in dying; 288 
(5) A report of the outcome and determinations made during 289 
counseling, if counseling was recommended and provided in 290 
accordance with section 8 of this act; 291 
(6) Documentation of the attending physician's offer to a qualified 292 
patient to rescind such patient's request for aid in dying at the time the 293 
attending physician dispenses or prescribes medication for aid in dying; 294 
and 295 
(7) A statement by the attending physician indicating that (A) all 296 
requirements under this section and sections 1 to 9, inclusive, of this act 297 
have been met, and (B) the steps taken to carry out a qualified patient's 298 
request for aid in dying, including the medication dispensed or 299 
prescribed. 300 
Sec. 11. (NEW) (Effective October 1, 2022) Any person, other than a 301 
qualified patient, in possession of medication dispensed or prescribed 302 
for aid in dying that has not been self-administered shall (1) destroy 303 
such medication in a manner described on the Department of Consumer 304 
Protection's Internet web site, or (2) dispose of such medication at a 305 
pharmacy that accepts and disposes of unused prescription drugs 306 
pursuant to section 20-576a of the general statutes or a municipal police 307 
station that collects and disposes of unwanted pharmaceuticals 308 
pursuant to section 21a-12f of the general statutes. 309 
Sec. 12. (NEW) (Effective October 1, 2022) (a) Any provision of a 310 
contract, including, but not limited to, a contract related to an insurance 311  Substitute Bill No. 88 
 
 
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policy or annuity, conditioned on or affected by the making or 312 
rescinding of a request for aid in dying shall not be valid. 313 
(b) Any provision of a will or codicil conditioned on or affected by 314 
the making or rescinding of a request for aid in dying shall not be valid. 315 
(c) On and after October 1, 2022, the sale, procurement or issuance of 316 
any life, health or accident insurance or annuity policy or the rate 317 
charged for any such policy shall not be conditioned upon or affected 318 
by the making or rescinding of a request for aid in dying. 319 
(d) A qualified patient's act of requesting aid in dying or self-320 
administering medication dispensed or prescribed for aid in dying shall 321 
not constitute suicide for any purpose, including, but not limited to, a 322 
criminal prosecution under section 53a-56 of the general statutes. 323 
Sec. 13. (NEW) (Effective October 1, 2022) (a) As used in this section, 324 
"participate in the provision of medication" means to perform the duties 325 
of an attending physician or consulting physician, a psychiatrist, 326 
psychologist or pharmacist in accordance with the provisions of sections 327 
2 to 10, inclusive, of this act. "Participate in the provision of medication" 328 
does not include: (1) Making an initial diagnosis of a patient's terminal 329 
illness; (2) informing a patient of such patient's medical diagnosis or 330 
prognosis; (3) informing a patient concerning the provisions of this 331 
section, sections 1 to 12, inclusive, of this act and sections 16 to 18, 332 
inclusive, of this act, upon the patient's request; or (4) referring a patient 333 
to another health care provider for aid in dying. 334 
(b) Participation in any act described in sections 1 to 12, inclusive, of 335 
this act and sections 16 to 18, inclusive, of this act by a patient, health 336 
care provider or any other person shall be voluntary. Each health care 337 
provider shall individually and affirmatively determine whether to 338 
participate in the provision of medication to a qualified patient for aid 339 
in dying. A health care facility shall not require a health care provider 340 
to participate in the provision of medication to a qualified patient for aid 341 
in dying, but may prohibit such participation in accordance with 342  Substitute Bill No. 88 
 
 
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subsection (d) of this section. 343 
(c) If a health care provider or health care facility chooses not to 344 
participate in the provision of medication to a qualified patient for aid 345 
in dying, upon request of a qualified patient, such health care provider 346 
or health care facility shall transfer all relevant medical records to any 347 
health care provider or health care facility, as directed by a qualified 348 
patient. 349 
(d) A health care facility may adopt written policies prohibiting a 350 
health care provider associated with such health care facility from 351 
participating in the provision of medication to a patient for aid in dying, 352 
provided such facility provides written notice of such policy and any 353 
sanctions for violation of such policy to such health care provider. 354 
Notwithstanding the provisions of this subsection or any policies 355 
adopted in accordance with this subsection, a health care provider may: 356 
(1) Diagnose a patient with a terminal illness; (2) inform a patient of such 357 
patient's medical prognosis; (3) provide a patient with information 358 
concerning the provisions of this section, sections 1 to 12, inclusive, of 359 
this act and sections 16 to 18, inclusive, of this act, upon a patient's 360 
request; (4) refer a patient to another health care facility or health care 361 
provider; (5) transfer a patient's medical records to a health care 362 
provider or health care facility, as requested by a patient; or (6) 363 
participate in the provision of medication for aid in dying when such 364 
health care provider is acting outside the scope of such provider's 365 
employment or contract with a health care facility that prohibits 366 
participation in the provision of such medication. 367 
(e) Except as provided in a policy adopted in accordance with 368 
subsection (d) of this section, no health care facility may subject an 369 
employee or other person who provides services under contract with 370 
the health care facility to disciplinary action, loss of privileges, loss of 371 
membership or any other penalty for participating, or refusing to 372 
participate, in the provision of medication or related activities in good 373 
faith compliance with the provisions of this section, sections 1 to 12, 374 
inclusive, of this act and sections 16 to 18, inclusive, of this act. 375  Substitute Bill No. 88 
 
 
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Sec. 14. (NEW) (Effective October 1, 2022) (a) Nothing in sections 1 to 376 
13, inclusive, of this act or sections 15 to 18, inclusive, of this act 377 
authorizes a physician or any other person to end another person's life 378 
by lethal injection, mercy killing, assisting a suicide or any other active 379 
euthanasia. 380 
(b) Nothing in sections 1 to 13, inclusive, of this act or sections 15 to 381 
18, inclusive, of this act authorizes a health care provider or any person, 382 
including a qualified patient, to end the qualified patient's life by 383 
intravenous or other parenteral injection or infusion, mercy killing, 384 
homicide, murder, manslaughter, euthanasia, or any other criminal act. 385 
(c) Any actions taken in accordance with sections 1 to 13, inclusive, of 386 
this act or sections 15 to 18, inclusive, of this act, do not, for any 387 
purposes, constitute suicide, assisted suicide, euthanasia, mercy killing, 388 
homicide, murder, manslaughter, elder abuse or neglect or any other 389 
civil or criminal violation under the general statutes. 390 
(d) No action taken in accordance with sections 1 to 13, inclusive, of 391 
this act or sections 15 to 18, inclusive, of this act shall constitute causing 392 
or assisting another person to commit suicide in violation of section 53a-393 
54a or 53a-56 of the general statutes. 394 
(e) No person shall be subject to civil or criminal liability or 395 
professional disciplinary action, including, but not limited to, 396 
revocation of such person's professional license, for (1) participating in 397 
the provision of medication or related activities in good faith 398 
compliance with the provisions of sections 1 to 13, inclusive, of this act 399 
and sections 15 to 18, inclusive, of this act, or (2) being present at the 400 
time a qualified patient self-administers medication dispensed or 401 
prescribed for aid in dying. 402 
(f) An attending physician's dispensing of, or issuance of a 403 
prescription for medication for aid in dying, a pharmacist's dispensing 404 
of medication for aid in dying or a patient's request for aid in dying, in 405 
good faith compliance with the provisions of sections 1 to 19, inclusive, 406  Substitute Bill No. 88 
 
 
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of this act shall not constitute neglect for the purpose of any law or 407 
provide the sole basis for appointment of a guardian or conservator for 408 
such patient. 409 
Sec. 15. (NEW) (Effective October 1, 2022) Sections 1 to 14, inclusive, of 410 
this act or sections 16 to 18, inclusive, of this act do not limit liability for 411 
civil damages resulting from negligent conduct or intentional 412 
misconduct by any person. 413 
Sec. 16. (NEW) (Effective October 1, 2022) Nothing in sections 1 to 15, 414 
inclusive, of this act or section 17 or 18 of this act shall limit the 415 
jurisdiction or authority of the nonprofit entity designated by the 416 
Governor to serve as the Connecticut protection and advocacy system 417 
under section 46a-10b of the general statutes. 418 
Sec. 17. (NEW) (Effective October 1, 2022) No person who serves as an 419 
attending physician or consulting physician shall inherit or receive any 420 
part of the estate of such qualified patient, whether under the provisions 421 
of law relating to intestate succession or as a devisee or legatee, or 422 
otherwise under the will of such qualified patient, or receive any 423 
property as beneficiary or survivor of such qualified patient after such 424 
qualified patient has self-administered medication dispensed or 425 
prescribed for aid in dying. 426 
Sec. 18. (NEW) (Effective from passage) Not later than October 1, 2022, 427 
the Department of Public Health shall create an attending physician 428 
checklist form and an attending physician follow-up form to facilitate 429 
the collection of information that attending physicians are required to 430 
submit to the department pursuant to the provisions of subsections (a) 431 
and (b) of section 19 of this act and post such forms on the department's 432 
Internet web site. 433 
Sec. 19. (NEW) (Effective October 1, 2022) (a) Not later than thirty days 434 
after prescribing medication to a qualified patient pursuant to the 435 
provisions of sections 1 to 17, inclusive, of this act, an attending 436 
physician shall submit to the department an attending physician 437  Substitute Bill No. 88 
 
 
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checklist form, containing the following information: (1) The qualified 438 
patient's name and date of birth; (2) the qualified patient's diagnosis and 439 
prognosis; and (3) a statement by the attending physician indicating that 440 
all requirements under this section and sections 1 to 10, inclusive, of this 441 
act have been met and that such physician has prescribed medication 442 
pursuant to the provisions of sections 1 to 17, inclusive, of this act. 443 
(b) Not later than sixty days after an attending physician receives 444 
notification of a qualified patient's death from self-administration of 445 
medication prescribed pursuant to the provisions of sections 1 to 17, 446 
inclusive, of this act, such attending physician shall submit to the 447 
department an attending physician follow-up form, containing the 448 
following information: (1) The qualified patients name and date of birth; 449 
(2) the date of the qualified patient's death; and (3) whether the qualified 450 
patient was provided hospice care at the time of such patient's death. 451 
(c) On or before January 1, 2023, and annually thereafter, the 452 
Department of Public Health shall review the forms submitted pursuant 453 
to subsections (a) and (b) of this section to ensure compliance with the 454 
provisions of said subsections. 455 
(d) On or before January 1, 2023, and annually thereafter, the 456 
Department of Public Health shall submit a report, in accordance with 457 
the provisions of section 11-4a of the general statutes, to the joint 458 
standing committee of the General Assembly having cognizance of 459 
matters relating to public health containing the following data: (1) The 460 
number of prescriptions for medication written for qualified patients 461 
pursuant to the provisions of sections 1 to 17, inclusive, of this act; and 462 
(2) the number of qualified patients who died following self-463 
administration of medication prescribed pursuant to the provisions of 464 
sections 1 to 17, inclusive, of this act. Such report shall not contain the 465 
identifying information of any qualified patient or health care provider. 466 
(e) Any data collected by the Department of Public Health pursuant 467 
to the provisions of subsections (a) and (b) of this section shall not be 468 
subject to disclosure under the Freedom of Information Act, as defined 469  Substitute Bill No. 88 
 
 
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in section 1-200 of the general statutes. 470 
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 from passage New section 
Sec. 19 October 1, 2022 New section 
 
PH Joint Favorable Subst.