LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00088-R01- SB.docx 1 of 17 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00088- R01-SB.docx } 2 of 17 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00088- R01-SB.docx } 3 of 17 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00088- R01-SB.docx } 4 of 17 (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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00088- R01-SB.docx } 5 of 17 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00088- R01-SB.docx } 6 of 17 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00088- R01-SB.docx } 7 of 17 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00088- R01-SB.docx } 8 of 17 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00088- R01-SB.docx } 9 of 17 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00088- R01-SB.docx } 10 of 17 (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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00088- R01-SB.docx } 11 of 17 (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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00088- R01-SB.docx } 12 of 17 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00088- R01-SB.docx } 13 of 17 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00088- R01-SB.docx } 14 of 17 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00088- R01-SB.docx } 15 of 17 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00088- R01-SB.docx } 16 of 17 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00088- R01-SB.docx } 17 of 17 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.