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2 | 2 | | SENATE DOCKET, NO. 265 FILED ON: 1/12/2023 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1331 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Joanne M. Comerford |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act relative to end of life options. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :Joanne M. ComerfordHampshire, Franklin and WorcesterAnne M. GobiWorcester and Hampshire1/18/2023Mindy Domb3rd Hampshire1/18/2023Jack Patrick Lewis7th Middlesex1/20/2023Rebecca L. RauschNorfolk, Worcester and Middlesex1/24/2023Thomas M. Stanley9th Middlesex1/26/2023Jacob R. OliveiraHampden, Hampshire and Worcester1/27/2023Michael J. BarrettThird Middlesex1/27/2023Susan L. MoranPlymouth and Barnstable1/27/2023William N. BrownsbergerSuffolk and Middlesex1/27/2023Patricia D. JehlenSecond Middlesex1/30/2023Jason M. LewisFifth Middlesex1/30/2023John F. KeenanNorfolk and Plymouth2/2/2023Brian M. Ashe2nd Hampden2/6/2023Paul W. MarkBerkshire, Hampden, Franklin and |
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16 | 16 | | Hampshire |
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17 | 17 | | 2/6/2023James B. EldridgeMiddlesex and Worcester2/9/2023Cynthia Stone CreemNorfolk and Middlesex2/14/2023 2 of 2 |
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18 | 18 | | Adam Scanlon14th Bristol2/15/2023James J. O'Day14th Worcester2/15/2023Julian CyrCape and Islands2/22/2023Paul R. FeeneyBristol and Norfolk3/1/2023Edward R. Philips8th Norfolk3/3/2023Mark C. MontignySecond Bristol and Plymouth3/9/2023 1 of 18 |
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19 | 19 | | SENATE DOCKET, NO. 265 FILED ON: 1/12/2023 |
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20 | 20 | | SENATE . . . . . . . . . . . . . . No. 1331 |
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21 | 21 | | By Ms. Comerford, a petition (accompanied by bill, Senate, No. 1331) of Joanne M. Comerford, |
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22 | 22 | | Anne M. Gobi, Mindy Domb, Jack Patrick Lewis and other members of the General Court for |
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23 | 23 | | legislation relative to end of life options. Public Health. |
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24 | 24 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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25 | 25 | | SEE SENATE, NO. 1384 OF 2021-2022.] |
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26 | 26 | | The Commonwealth of Massachusetts |
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27 | 27 | | _______________ |
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28 | 28 | | In the One Hundred and Ninety-Third General Court |
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29 | 29 | | (2023-2024) |
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30 | 30 | | _______________ |
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31 | 31 | | An Act relative to end of life options. |
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32 | 32 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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33 | 33 | | of the same, as follows: |
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34 | 34 | | 1 The General Laws are hereby amended by inserting after Chapter 201F the following |
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35 | 35 | | 2chapter:- |
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36 | 36 | | 3 CHAPTER 201G |
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37 | 37 | | 4 MASSACHUSETTS END OF LIFE OPTIONS ACT |
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38 | 38 | | 5 Section 1. For the purposes of this chapter, the following terms shall have the following |
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39 | 39 | | 6meanings unless the context clearly requires otherwise: |
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40 | 40 | | 7 “Adult”, an individual who is 18 years of age or older. 2 of 18 |
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41 | 41 | | 8 “Attending physician”, a physician who has primary responsibility for the care of the |
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42 | 42 | | 9patient and treatment of the patient’s terminal disease. |
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43 | 43 | | 10 “Consulting physician”, a physician who is qualified by specialty or experience to make a |
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44 | 44 | | 11professional diagnosis and prognosis regarding a terminally ill patient’s condition. |
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45 | 45 | | 12 “Counseling”, one or more consultations as necessary between a licensed mental health |
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46 | 46 | | 13care professional and a patient for the purpose of determining that the patient is capable and not |
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47 | 47 | | 14suffering from a psychiatric or psychological disorder or depression causing impaired judgment. |
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48 | 48 | | 15 “Guardian”, an individual who has qualified as a guardian of an incapacitated person |
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49 | 49 | | 16pursuant to court appointment and includes a limited guardian, special guardian and temporary |
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50 | 50 | | 17guardian, but excludes one who is merely a guardian ad litem as defined in section 5-101 of |
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51 | 51 | | 18article V of chapter 190B. Guardianship shall not include a health care proxy as defined by |
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52 | 52 | | 19chapter 201D. |
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53 | 53 | | 20 “Health care provider”, an individual licensed, certified, or otherwise authorized or |
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54 | 54 | | 21permitted by law to diagnose and treat medical conditions, and prescribe and dispense |
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55 | 55 | | 22medication, including controlled substances. |
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56 | 56 | | 23 “Incapacitated person”, an individual who for reasons other than advanced age or being a |
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57 | 57 | | 24minor, has a clinically diagnosed condition that results in an inability to receive and evaluate |
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58 | 58 | | 25information or make or communicate decisions to such an extent that the individual lacks the |
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59 | 59 | | 26ability to meet essential requirements for physical health, safety, or self-care, even with |
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60 | 60 | | 27appropriate technological assistance. An “incapacitated person” shall be defined consistent with |
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61 | 61 | | 28the definition of an individual described in section 5-101 of article V of chapter 190B. 3 of 18 |
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62 | 62 | | 29 “Informed decision”, a decision by a mentally capable individual to request and obtain a |
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63 | 63 | | 30prescription for medication pursuant to this chapter that the individual may self-administer to |
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64 | 64 | | 31bring about a peaceful death, after being fully informed by the attending physician and |
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65 | 65 | | 32consulting physician of: |
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66 | 66 | | 33 (a) The individual’s diagnosis and prognosis; |
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67 | 67 | | 34 (b) The potential risk associated with taking the medication to be prescribed; |
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68 | 68 | | 35 (c) The probable result of taking the medication to be prescribed; |
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69 | 69 | | 36 (d) The feasible end-of-life care and treatment options for the individual’s terminal |
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70 | 70 | | 37disease, including but not limited to comfort care, palliative care, hospice care and pain control, |
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71 | 71 | | 38and the risks and benefits of each as defined in section 227 of chapter 111; and |
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72 | 72 | | 39 (e) The individual’s right to withdraw a request pursuant to this chapter, or consent for |
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73 | 73 | | 40any other treatment, at any time. |
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74 | 74 | | 41 ”Licensed mental health care professional”, a treatment provider who is a psychiatrist, |
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75 | 75 | | 42psychologist, psychiatric social worker or psychiatric nurse and others who by virtue of |
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76 | 76 | | 43education, credentials, and experience are permitted by law to evaluate and care for the mental |
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77 | 77 | | 44health needs of patients. |
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78 | 78 | | 45 “Medical aid in dying”, the practice of evaluating a request, determining qualification, |
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79 | 79 | | 46performing the duties in sections 6, 7 and 8, and providing a prescription to a qualified individual |
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80 | 80 | | 47pursuant to this chapter. 4 of 18 |
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81 | 81 | | 48 “Medically confirmed,” the medical opinion of the attending physician has been |
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82 | 82 | | 49confirmed by a consulting physician who has examined the patient and the patient’s relevant |
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83 | 83 | | 50medical records. |
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84 | 84 | | 51 “Medication”, aid in dying medication. |
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85 | 85 | | 52 “Mentally capable”, in the opinion of the attending physician or licensed mental health |
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86 | 86 | | 53care professional, the individual requesting medication pursuant to this chapter has the ability to |
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87 | 87 | | 54make and communicate an informed decision. |
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88 | 88 | | 55 “Palliative care”, a health care treatment as defined in section 227 of chapter 111, |
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89 | 89 | | 56including interdisciplinary end-of-life care and consultation with patients and family members, to |
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90 | 90 | | 57prevent or relieve pain and suffering and to enhance the patient’s quality of life, including |
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91 | 91 | | 58hospice. |
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92 | 92 | | 59 “Patient”, an individual who has received health care services from a health care provider |
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93 | 93 | | 60for treatment of a medical condition. |
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94 | 94 | | 61 “Physician”, a doctor of medicine or osteopathy licensed to practice medicine in |
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95 | 95 | | 62Massachusetts by the board of registration in medicine. |
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96 | 96 | | 63 “Qualified patient”, a mentally capable adult who is a resident of Massachusetts, has been |
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97 | 97 | | 64diagnosed as being terminally ill, and has satisfied the requirements of this chapter. |
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98 | 98 | | 65 “Resident”, an individual who demonstrates residency in Massachusetts by presenting |
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99 | 99 | | 66one form of identification which may include but is not limited to: |
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100 | 100 | | 67 (a) possession of a Massachusetts driver’s license; 5 of 18 |
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101 | 101 | | 68 (b) proof of registration to vote in Massachusetts; |
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102 | 102 | | 69 (c) proof that the individual owns or leases real property in Massachusetts; |
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103 | 103 | | 70 (d) proof that the individual has resided in a Massachusetts health care facility for at least |
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104 | 104 | | 713 months; |
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105 | 105 | | 72 (e) computer-generated bill from a bank or mortgage company, utility company, doctor, |
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106 | 106 | | 73or hospital; |
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107 | 107 | | 74 (f) a W-2 form, property or excise tax bill, or Social Security Administration or other |
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108 | 108 | | 75pension or retirement annual benefits summary statement dated within the current or prior year; |
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109 | 109 | | 76 (g) a MassHealth or Medicare benefit statement; or |
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110 | 110 | | 77 (h) filing of a Massachusetts tax return for the most recent tax year. |
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111 | 111 | | 78 “Self-administer”, a qualified patient’s act of ingesting medication obtained under this |
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112 | 112 | | 79chapter. |
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113 | 113 | | 80 “Terminally ill”, having a terminal illness or condition which can reasonably be expected |
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114 | 114 | | 81to cause death within 6 months, whether or not treatment is provided. |
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115 | 115 | | 82 Section 2. (a) A patient wishing to receive a prescription for medication under this |
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116 | 116 | | 83chapter shall make an oral request to the patient's attending physician. No less than 15 days after |
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117 | 117 | | 84making the request the patient shall submit a written request to the patient's attending physician |
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118 | 118 | | 85in substantially the form set in section 4. 6 of 18 |
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119 | 119 | | 86 (b) A terminally ill patient may voluntarily make an oral request for medical aid in dying |
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120 | 120 | | 87and a prescription for medication that the patient can choose to self-administer to bring about a |
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121 | 121 | | 88peaceful death if the patient: |
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122 | 122 | | 89 (1) is a mentally capable adult; |
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123 | 123 | | 90 (2) is a resident of Massachusetts; and |
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124 | 124 | | 91 (3) has been determined by the patient’s attending physician to be terminally ill. |
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125 | 125 | | 92 (c) A patient may provide a written request for medical aid in dying and a prescription for |
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126 | 126 | | 93medication that the patient can choose to self-administer to bring about a peaceful death if the |
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127 | 127 | | 94patient: |
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128 | 128 | | 95 (1) has met the requirements in subsection (b); |
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129 | 129 | | 96 (2) has been determined by a consulting physician to be terminally ill; and |
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130 | 130 | | 97 (3) has had no less than 15 days pass after making the oral request. |
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131 | 131 | | 98 (d) A patient shall not qualify under this chapter if the patient has a guardian. |
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132 | 132 | | 99 (e) A patient shall not qualify under this chapter solely because of age or disability. |
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133 | 133 | | 100 Section 3. (a) A valid written request must be witnessed by at least two individuals who, |
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134 | 134 | | 101in the presence of the patient, attest that to the best of their knowledge and belief that patient is: |
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135 | 135 | | 102 (1) personally known to the witnesses or has provided proof of identity; |
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136 | 136 | | 103 (2) acting voluntarily; and |
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137 | 137 | | 104 (3) not being coerced to sign the request. 7 of 18 |
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138 | 138 | | 105 (b) At least one of the witnesses shall be an individual who is not: |
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139 | 139 | | 106 (1) a relative of the patient by blood, marriage, or adoption; |
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140 | 140 | | 107 (2) an individual who at the time the request is signed would be entitled to any portion of |
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141 | 141 | | 108the estate of the qualified patient upon death under any will or by operation of law; |
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142 | 142 | | 109 (3) financially responsible for the medical care of the patient; or |
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143 | 143 | | 110 (4) an owner, operator, or employee of a health care facility where the qualified patient is |
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144 | 144 | | 111receiving medical treatment or is a resident. |
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145 | 145 | | 112 (c) The patient's attending physician at the time the request is signed shall not serve as a |
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146 | 146 | | 113witness. |
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147 | 147 | | 114 (d) If the patient is a patient in a long-term care facility at the time the written request is |
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148 | 148 | | 115made, one of the witnesses shall be an individual designated by the facility. |
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149 | 149 | | 116 Section 4. |
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150 | 150 | | 117 REQUEST FOR MEDICAL AID IN DYING MEDICATION PURSUANT TO THE |
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151 | 151 | | 118MASSACHUSETTS END OF LIFE OPTIONS ACT |
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152 | 152 | | 119 I,. . . . . . . . . . . . . . . , am an adult of sound mind and a resident of the State of |
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153 | 153 | | 120Massachusetts. I am suffering from . . . . . . . . . . . . . . , which my attending physician has |
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154 | 154 | | 121determined is a terminal illness or condition which can reasonably be expected to cause death |
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155 | 155 | | 122within 6 months. This diagnosis has been medically confirmed as required by law. |
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156 | 156 | | 123 I have been fully informed of my diagnosis, prognosis, the nature of the medical aid in |
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157 | 157 | | 124dying medication to be prescribed and potential associated risks, the expected result, and the 8 of 18 |
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158 | 158 | | 125feasible alternatives and additional treatment opportunities, including, but not limited to, comfort |
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159 | 159 | | 126care, palliative care, hospice care, and pain control. |
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160 | 160 | | 127 I request that my attending physician prescribe medical aid in dying medication that will |
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161 | 161 | | 128end my life in a peaceful manner if I choose to take it, and I authorize my attending physician to |
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162 | 162 | | 129contact any pharmacist to fill the prescription. |
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163 | 163 | | 130 I understand that I have the right to rescind this request at any time. I understand the full |
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164 | 164 | | 131import of this request and I expect to die if I take the medical aid in dying medication to be |
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165 | 165 | | 132prescribed. I further understand that although most deaths occur within three hours, my death |
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166 | 166 | | 133may take longer and my physician has counseled me about this possibility. I make this request |
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167 | 167 | | 134voluntarily, without reservation, and without being coerced, and I accept full responsibility for |
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168 | 168 | | 135my actions. |
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169 | 169 | | 136 Signed:. . . . . . . . . . . . . . . Dated:. . . . . . . . . . . . . . |
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170 | 170 | | 137 DECLARATION OF WITNESSES |
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171 | 171 | | 138 By signing below, on the date the patient named above signs, we declare that the patient |
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172 | 172 | | 139making and signing the above request is personally known to us or has provided proof of |
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173 | 173 | | 140identity, and appears not to be under duress, fraud, or undue influence. |
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174 | 174 | | 141 Printed Name of Witness 1: . . . . . . . . . . . . . . . |
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175 | 175 | | 142 Signature of Witness l/Date:. . . . . . . . . . . . . . . |
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176 | 176 | | 143 Printed Name of Witness 2:. . . . . . . . . . . . . . . |
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177 | 177 | | 144 Signature of Witness 2/Date:. . . . . . . . . . . . . . . 9 of 18 |
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178 | 178 | | 145 Section 5. (a) A qualified patient may at any time rescind the request for medication |
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179 | 179 | | 146under this chapter without regard to the qualified patient's mental state. |
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180 | 180 | | 147 (b) A prescription for medication under this chapter may not be written without the |
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181 | 181 | | 148attending physician offering the qualified patient an opportunity to rescind the request for |
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182 | 182 | | 149medication. |
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183 | 183 | | 150 Section 6. (a) The attending physician shall: |
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184 | 184 | | 151 (1) make the initial determination of whether an adult patient: |
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185 | 185 | | 152 (i) is a resident of this state; |
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186 | 186 | | 153 (ii) is terminally ill; |
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187 | 187 | | 154 (iii) is mentally capable; and |
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188 | 188 | | 155 (iv) has voluntarily made the request for medical aid in dying. |
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189 | 189 | | 156 (2) ensure that the patient is making an informed decision by discussing with the patient: |
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190 | 190 | | 157 (i) the patient’s medical diagnosis; |
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191 | 191 | | 158 (ii) the patient’s prognosis; |
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192 | 192 | | 159 (iii) the potential risks associated with taking the medication to be prescribed; |
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193 | 193 | | 160 (iv) the probable result of taking the medication to be prescribed; and |
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194 | 194 | | 161 (v) the feasible alternatives and additional treatment opportunities, including, but not |
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195 | 195 | | 162limited to, palliative care as defined in section 227 of chapter 111. 10 of 18 |
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196 | 196 | | 163 (3) refer the patient to a consulting physician to medically confirm the diagnosis and |
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197 | 197 | | 164prognosis and for a determination that the patient is mentally capable and is acting voluntarily; |
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198 | 198 | | 165 (4) refer the patient for counseling pursuant to section 8; |
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199 | 199 | | 166 (5) ensure that sections 6 through 8, inclusive, are followed in chronological order; |
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200 | 200 | | 167 (6) have a prior clinical relationship with the patient, unless the patient’s primary care |
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201 | 201 | | 168physician is unwilling to participate; |
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202 | 202 | | 169 (7) recommend that the patient notify the patient's family or any person who plays a |
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203 | 203 | | 170significant role in an individual’s life; |
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204 | 204 | | 171 (8) recommend that the patient complete a Medical Order for Life-Sustaining Treatment |
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205 | 205 | | 172form; |
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206 | 206 | | 173 (9) counsel the patient about the importance of: |
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207 | 207 | | 174 (i) having another individual present when the patient takes the medication prescribed |
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208 | 208 | | 175under this chapter; and |
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209 | 209 | | 176 (ii) not taking the medication in a public place; |
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210 | 210 | | 177 (10) inform the patient that the patient may rescind the request for medication at any time |
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211 | 211 | | 178and in any manner; |
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212 | 212 | | 179 (11) verify, immediately prior to writing the prescription for medication, that the patient |
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213 | 213 | | 180is making an informed decision; |
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214 | 214 | | 181 (12) educate the patient on how to self-administer the medication; 11 of 18 |
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215 | 215 | | 182 (13) fulfill the medical record documentation requirements of section 13; |
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216 | 216 | | 183 (14) ensure that all appropriate steps are carried out in accordance with this chapter |
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217 | 217 | | 184before writing a prescription for medication for a qualified patient; and |
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218 | 218 | | 185 (15) (i) dispense medications directly, including ancillary medications intended to |
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219 | 219 | | 186facilitate the desired effect to minimize the patient's discomfort, if the attending physician is |
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220 | 220 | | 187authorized under law to dispense and has a current drug enforcement administration certificate; |
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221 | 221 | | 188or |
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222 | 222 | | 189 (ii) with the qualified patient’s written consent; |
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223 | 223 | | 190 (A) contact a pharmacist, inform the pharmacist of the prescription, and |
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224 | 224 | | 191 (B) deliver the written prescription personally, by mail, or by otherwise permissible |
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225 | 225 | | 192electronic communication to the pharmacist, who will dispense the medications directly to either |
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226 | 226 | | 193the patient, the attending physician, or an expressly identified agent of the patient. Medications |
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227 | 227 | | 194dispensed pursuant to this paragraph shall not be dispensed by mail or other form of courier. |
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228 | 228 | | 195 (b) The attending physician may sign the patient's death certificate which shall list the |
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229 | 229 | | 196underlying terminal disease as the cause of death. |
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230 | 230 | | 197 Section 7. (a) Before a patient may be considered a qualified patient under this chapter |
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231 | 231 | | 198the consulting physician shall: |
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232 | 232 | | 199 (1) examine the patient and the patient's relevant medical records; |
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233 | 233 | | 200 (2) confirm in writing the attending physician's diagnosis that the patient is suffering |
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234 | 234 | | 201from a terminal illness; and 12 of 18 |
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235 | 235 | | 202 (3) verify that the patient: |
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236 | 236 | | 203 (i) is mentally capable; |
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237 | 237 | | 204 (ii) is acting voluntarily; and |
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238 | 238 | | 205 (iii) has made an informed decision. |
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239 | 239 | | 206 Section 8. (a) An attending physician shall refer a patient who has requested medical aid |
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240 | 240 | | 207in dying medication under this chapter to counseling to determine that the patient is not suffering |
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241 | 241 | | 208from a psychiatric or psychological disorder or depression causing impaired judgment. The |
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242 | 242 | | 209licensed mental health professional shall review the medical history of the patient relevant to the |
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243 | 243 | | 210patient’s current mental health and then shall submit a final written report to the prescribing |
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244 | 244 | | 211physician. |
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245 | 245 | | 212 (b) The medical aid in dying medication may not be prescribed until the individual |
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246 | 246 | | 213performing the counseling determines that: |
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247 | 247 | | 214 (1) the patient is not suffering from a psychiatric or psychological disorder or depression |
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248 | 248 | | 215causing impaired judgment; and |
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249 | 249 | | 216 (2) there is no reason to suspect coercion in the patient’s decision-making process. |
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250 | 250 | | 217 Section 9. A qualified patient may not receive a prescription for medical aid in dying |
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251 | 251 | | 218medication pursuant to this chapter unless the patient has made an informed decision. |
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252 | 252 | | 219Immediately before issuing a prescription for medical aid in dying medication under this chapter |
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253 | 253 | | 220the attending physician shall verify that the qualified patient is making an informed decision. 13 of 18 |
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254 | 254 | | 221 Section 10. The attending physician shall recommend that a patient notify the patient's |
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255 | 255 | | 222family or any person who plays a significant role in an individual’s life of the patient's request |
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256 | 256 | | 223for medical aid in dying medication pursuant to this chapter. A request for medical aid in dying |
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257 | 257 | | 224medication shall not be denied because a patient declines or is unable to notify the family or any |
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258 | 258 | | 225person who plays a significant role in an individual’s life. |
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259 | 259 | | 226 Section 11. The following items shall be documented or filed in the patient's medical |
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260 | 260 | | 227record: |
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261 | 261 | | 228 (1) the determination and the basis for determining that a patient requesting medical aid |
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262 | 262 | | 229in dying medication pursuant to this chapter is a qualified patient; |
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263 | 263 | | 230 (2) all oral requests by a patient for medical aid in dying medication; |
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264 | 264 | | 231 (3) all written requests by a patient for medical aid in dying medication made pursuant to |
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265 | 265 | | 232sections 3 through 5, inclusive; |
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266 | 266 | | 233 (4) the attending physician's diagnosis, prognosis, and determination that the patient is |
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267 | 267 | | 234mentally capable, is acting voluntarily, and has made an informed decision; |
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268 | 268 | | 235 (5) the consulting physician's diagnosis, prognosis, and verification that the patient is |
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269 | 269 | | 236mentally capable, is acting voluntarily, and has made an informed decision; |
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270 | 270 | | 237 (6) a report of the outcome and determinations made during counseling; |
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271 | 271 | | 238 (7) the attending physician's offer before prescribing the medical aid in dying medication |
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272 | 272 | | 239to allow the qualified patient to rescind the patient's request for the medication; 14 of 18 |
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273 | 273 | | 240 (8) other care options that were offered to the patient, including, but not limited to, |
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274 | 274 | | 241hospice and palliative care; and |
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275 | 275 | | 242 (9) a note by the attending physician indicating: |
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276 | 276 | | 243 (a) that all requirements under this chapter have been met; and |
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277 | 277 | | 244 (b) the steps taken to carry out the request, including a notation of the medication |
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278 | 278 | | 245prescribed. |
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279 | 279 | | 246 Section 12. Any medical aid in dying medication dispensed under this chapter that was |
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280 | 280 | | 247not self-administered shall be disposed of by lawful means. The medication dispenser shall be |
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281 | 281 | | 248responsible for informing the individual collecting the medication what disposal by lawful means |
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282 | 282 | | 249entails. |
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283 | 283 | | 250 Section 13. Physicians shall keep a record of the number of requests for medical aid in |
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284 | 284 | | 251dying medication; number of prescriptions written; number of requests rescinded; the number of |
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285 | 285 | | 252qualified patients that took the medication under this chapter; the general demographic and |
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286 | 286 | | 253socioeconomic characteristics of the patient, and any physical disability of the patient. This data |
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287 | 287 | | 254shall be reported to the department of public health annually, and shall subsequently be made |
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288 | 288 | | 255available to the public. |
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289 | 289 | | 256 Section 14. (a) Any provision in a contract, will, or other agreement, whether written or |
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290 | 290 | | 257oral, to the extent the provision would affect whether a patient may make or rescind a request for |
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291 | 291 | | 258medical aid in dying medication pursuant to this chapter, is not valid. |
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292 | 292 | | 259 (b) A qualified patient's act of making or rescinding a request for medical aid in dying |
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293 | 293 | | 260shall not provide the sole basis for the appointment of a guardian or conservator. 15 of 18 |
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294 | 294 | | 261 (c) A qualified patient’s act of self-administering medical aid in dying medication |
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295 | 295 | | 262obtained pursuant to this act shall not constitute suicide or have an effect upon any life, health, or |
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296 | 296 | | 263accident insurance or annuity policy. |
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297 | 297 | | 264 (d) Actions taken by health care providers and patient advocates supporting a qualified |
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298 | 298 | | 265patient exercising his or her rights pursuant to this chapter, including being present when the |
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299 | 299 | | 266patient self-administers medical aid in dying medication, shall not for any purpose, constitute |
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300 | 300 | | 267elder abuse, neglect, assisted suicide, mercy killing, or homicide under any civil or criminal law. |
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301 | 301 | | 268 (e) State regulations, documents and reports shall not refer to the practice of medical aid |
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302 | 302 | | 269in dying under this chapter as "suicide" or "assisted suicide." |
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303 | 303 | | 270 Section 15. (a) A health care provider may choose not to practice medical aid in dying. |
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304 | 304 | | 271 (b) A health care provider or professional organization or association may not subject an |
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305 | 305 | | 272individual to censure, discipline, suspension, loss of license, loss of privileges, loss of |
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306 | 306 | | 273membership, or other penalty for participating or refusing to participate in providing medical aid |
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307 | 307 | | 274in dying medication to a qualified patient under this chapter. |
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308 | 308 | | 275 (c) If a health care provider is unable or unwilling to carry out a patient's request under |
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309 | 309 | | 276this chapter and the patient transfers care to a new health care provider, the prior health care |
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310 | 310 | | 277provider shall transfer, upon request, a copy of the patient's relevant medical records to the new |
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311 | 311 | | 278health care provider. |
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312 | 312 | | 279 (d) (1) Health care providers shall maintain and disclose upon request their written |
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313 | 313 | | 280policies outlining the extent to which they refuse to participate in providing to a qualified patient |
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314 | 314 | | 281any medical aid in dying medication under this chapter. 16 of 18 |
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315 | 315 | | 282 (2) The required consumer disclosure shall at minimum: |
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316 | 316 | | 283 (i) include information about this chapter; |
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317 | 317 | | 284 (ii) identify the specific services in which the health care provider refuses to participate; |
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318 | 318 | | 285 (iii) clarify any difference between institution-wide objections and those that may be |
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319 | 319 | | 286raised by individual licensed providers who are employed or work on contract with the provider; |
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320 | 320 | | 287 (iv) describe the mechanism the provider will use to provide patients a referral to another |
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321 | 321 | | 288provider or provider in the provider’s service area who is willing to perform the specific health |
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322 | 322 | | 289care service; |
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323 | 323 | | 290 (v) describe the provider’s policies and procedures relating to transferring patients to |
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324 | 324 | | 291other providers who will implement the health care decision; and |
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325 | 325 | | 292 (vi) inform consumers that the cost of transferring records will be borne by the |
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326 | 326 | | 293transferring provider. |
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327 | 327 | | 294 (c) The consumer disclosure shall be provided to an individual upon request. |
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328 | 328 | | 295 (d) A health care entity that prohibits health care providers from qualifying, prescribing, |
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329 | 329 | | 296or dispensing medication pursuant to this chapter while they are performing duties for the entity |
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330 | 330 | | 297shall provide notice of such policy to the public by posting the information on its website. |
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331 | 331 | | 298 Section 16. (a) Purposely or knowingly altering or forging a request for medical aid in |
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332 | 332 | | 299dying medication under this chapter without authorization of the patient or concealing or |
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333 | 333 | | 300destroying a rescission of a request for medical aid in dying medication is punishable as a felony |
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334 | 334 | | 301if the act is done with the intent or effect of causing the patient's death. 17 of 18 |
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335 | 335 | | 302 (b) An individual who coerces or exerts undue influence on a patient to request medical |
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336 | 336 | | 303aid in dying medication, or to destroy a rescission of a request, shall be guilty of a felony |
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337 | 337 | | 304punishable by imprisonment in the state prison for not more than 3 years or in the house of |
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338 | 338 | | 305correction for not more than 2½ years or by a fine of not more than $1,000 or by both such fine |
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339 | 339 | | 306and imprisonment. |
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340 | 340 | | 307 (c) Nothing in this chapter limits further liability for civil damages resulting from other |
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341 | 341 | | 308negligent conduct or intentional misconduct by any individual. |
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342 | 342 | | 309 (d) The penalties in this chapter do not preclude criminal penalties applicable under other |
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343 | 343 | | 310law for conduct inconsistent with the provisions of this chapter. |
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344 | 344 | | 311 Section 17. A governmental entity that incurs costs resulting from a qualified patient self- |
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345 | 345 | | 312administering medical aid in dying medication in a public place while acting pursuant to this |
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346 | 346 | | 313chapter may submit a claim against the estate of the patient to recover costs and reasonable |
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347 | 347 | | 314attorney fees related to enforcing the claim. |
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348 | 348 | | 315 Section 18. If an emergency medical provider finds a patient who has self-administered |
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349 | 349 | | 316medical aid in dying medication, they shall follow standard resuscitation protocol. If a Medical |
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350 | 350 | | 317Order for Life-Sustaining Treatment or other legally recognized do-not-resuscitate order is |
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351 | 351 | | 318found, then the medical provider shall follow the directives of the form. |
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352 | 352 | | 319 Section 19. Nothing in this chapter may be construed to authorize a physician or any |
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353 | 353 | | 320other individual to end a patient's life by lethal injection, mercy killing, assisted suicide, or active |
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354 | 354 | | 321euthanasia. 18 of 18 |
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355 | 355 | | 322 Section 20. If any provision of this chapter or its application to any individual or |
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356 | 356 | | 323circumstance is held invalid, the remainder of the act or the application of the provision to other |
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357 | 357 | | 324individuals or circumstances is not affected. |
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