EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1328*
HOUSE BILL 1328
J1 5lr1290
HB 403/24 – HGO & JUD CF SB 926
By: Delegates Hill, Acevero, Allen, Bagnall, Barnes, Boyce, Charkoudian,
Conaway, Crutchfield, Cullison, Ebersole, Fair, Feldmark, Foley, Forbes,
Guzzone, Kaiser, Kaufman, Kerr, Korman, Lehman, R. Lewis, Lopez,
McCaskill, Moon, Palakovich Carr, Pasteur, Pena–Melnyk, Qi, Ruff, Ruth,
Schindler, Shetty, Simmons, Simpson, Solomon, Spiegel, Stein, Stewar t,
Taveras, Terrasa, Vogel, Wells, Wilkins, Williams, Wolek, Woorman, Wu, and
Ziegler
Introduced and read first time: February 7, 2025
Assigned to: Health and Government Operations and Judiciary
A BILL ENTITLED
AN ACT concerning 1
End–of–Life Option Act 2
(The Honorable Elijah E. Cummings and the Honorable Shane E. 3
Pendergrass Act) 4
FOR the purpose of authorizing an individual to request aid in dying by making certain 5
requests; establishing requirements and prohibitions governing aid in dying, 6
including requirements related to requests for aid in dying, consulting physicians, 7
mental health assessments, the disposal of drugs prescribed for aid in dying, health 8
care facility policies, and the effect of aid in dying on insurance policies; authorizing 9
a pharmacist to dispense medication for aid in dying only to certain individuals 10
under certain circumstances; providing that the death of a qualified individual by 11
reason of self–administration of certain medication shall be deemed to be a death 12
from certain natural causes for certain purposes; providing that this Act does not 13
authorize certain individuals to end another individual’s life by certain means; 14
providing that participation by a health care provider in aid in dying is voluntary; 15
authorizing the Maryland Insurance Commissioner to enforce certain provisions of 16
this Act; establishing that a licensed health care professional does not violate the 17
statutory prohibition on assisted suicide by taking certain actions in accordance with 18
this Act; and generally relating to aid in dying. 19
BY repealing and reenacting, with amendments, 20
Article – Criminal Law 21
Section 3–103 22
Annotated Code of Maryland 23
(2021 Replacement Volume and 2024 Supplement) 24 2 HOUSE BILL 1328
BY adding to 1
Article – Health – Genera l 2
Section 5–6A–01 through 5–6A–17 to be under the new subtitle “Subtitle 6A. The 3
Honorable Elijah E. Cummings and the Honorable Shane E. Pendergrass 4
End–of–Life Option Act” 5
Annotated Code of Maryland 6
(2023 Replacement Volume and 2024 Supplement) 7
BY adding to 8
Article – Insurance 9
Section 27–208.1 10
Annotated Code of Maryland 11
(2017 Replacement Volume and 2024 Supplement) 12
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That the Laws of Maryland read as follows: 14
Article – Criminal Law 15
3–103. 16
(a) A licensed health care professional does not violate § 3–102 of this subtitle by 17
administering or prescribing a procedure or administering, prescribing, or dispensing a 18
medication to relieve pain, even if the medication or procedure may hasten death or 19
increase the risk of death, unless the licensed health care professional knowingly 20
administers or prescribes the procedure or administers, prescribes, or dispenses the 21
medication to cause death. 22
(b) A licensed health care professional does not violate § 3–102 of this subtitle by 23
withholding or withdrawing a medically administered life–sustaining procedure: 24
(1) in compliance with Title 5, Subtitle 6 of the Health – General Article; 25
or 26
(2) in accordance with reasonable medical practice. 27
(C) A LICENSED HEALTH CARE PROFESSIONAL DOES NOT VIO LATE § 3–102 28
OF THIS SUBTITLE BY TAKING ANY ACTION IN ACCORDANCE WITH TITLE 5, 29
SUBTITLE 6A OF THE HEALTH – GENERAL ARTICLE. 30
[(c)] (D) (1) Unless the family member knowingly administers a procedure or 31
administers or dispenses a medication to cause death, a family member does not violate 32
§ 3–102 of this subtitle if the family member: 33
(i) is a caregiver for a patient enrolled in a licensed hospice program; 34
and 35 HOUSE BILL 1328 3
(ii) administers the procedure or administers or dispenses the 1
medication to relieve pain under the supervision of a health care professional. 2
(2) Paragraph (1) of this subsection applies even if the medication or 3
procedure hastens death or increases the risk of death. 4
Article – Health – General 5
SUBTITLE 6A. THE HONORABLE ELIJAH E. CUMMINGS AND THE HONORABLE 6
SHANE E. PENDERGRASS END–OF–LIFE OPTION ACT. 7
5–6A–01. 8
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 9
INDICATED. 10
(B) “AID IN DYING” MEANS THE MEDICAL PR ACTICE OF A PHYSICIA N 11
PRESCRIBING MEDICATI ON TO A QUALIFIED INDIVIDU AL THAT THE QUALIFIE D 12
INDIVIDUAL MAY SELF –ADMINISTER TO BRING ABOUT THE QUALIFIED INDIVIDUAL’S 13
DEATH. 14
(C) “ATTENDING PHYSICIAN ” MEANS THE LICENSED P HYSICIAN WHO HAS 15
PRIMARY RESPONSIBILI TY FOR THE MEDICAL C ARE OF THE INDIVIDUA L AND 16
TREATMENT OF THE INDIVI DUAL’S TERMINAL ILLNESS . 17
(D) “CAPACITY TO MAKE MEDI CAL DECISIONS” MEANS THE ABILITY OF AN 18
INDIVIDUAL TO: 19
(1) UNDERSTAND THE NATURE AND CONSEQUENCES OF A HEALTH 20
CARE DECISION; 21
(2) UNDERSTAND THE SIGNIF ICANT BENEFITS , RISKS, AND 22
ALTERNATIVES OF A HE ALTH CARE DECISION ; AND 23
(3) MAKE AND COMMUNICATE AN INFORMED DECISION TO HEALTH 24
CARE PROVIDERS , INCLUDING COMMUNICAT ION THROUGH ANOTHER INDIVIDUAL 25
FAMILIAR WITH THE IN DIVIDUAL’S MANNER OF COMMUNIC ATING, IF THE OTHER 26
INDIVIDUAL IS AVA ILABLE. 27
(E) “CONSULTING PHYSICIAN ” MEANS A LICENSED PHY SICIAN WHO IS 28
QUALIFIED BY SPECIAL TY OR EXPERIENCE TO CONFIRM A PROFESSION AL 29
DIAGNOSIS AND PROGNO SIS REGARDING AN IND IVIDUAL’S TERMINAL ILLNESS . 30
(F) “HEALTH CARE FACILITY ” MEANS: 31 4 HOUSE BILL 1328
(1) A HOSPITAL, AS DEFINED IN § 19–301 OF THIS ARTICLE; 1
(2) A HOSPICE FACILITY , AS DEFINED IN § 19–901 OF THIS ARTICLE; 2
(3) AN ASSISTED LIVING PR OGRAM, AS DEFINED IN § 19–1801 OF THIS 3
ARTICLE; OR 4
(4) A NURSING HOME , AS DEFINED IN § 19–1401 OF THIS ARTICLE. 5
(G) “HEALTH CARE PROVIDER ” MEANS AN INDIVIDUAL LICENSED OR 6
CERTIFIED UNDER THE HEALTH OCCUPATIONS ARTICLE TO PROVIDE HE ALTH 7
CARE OR DISPENSE MED ICATION IN THE ORDIN ARY COURSE OF BUSINE SS OR 8
PRACTICE OF A PROFES SION. 9
(H) “INFORMED DECISION ” MEANS A DECISION BY AN INDIVIDUAL THA T IS: 10
(1) BASED ON AN UNDERSTAN DING AND ACKNOWLEDGM ENT OF THE 11
RELEVANT FACTS ; AND 12
(2) MADE AFTER RECEIVING THE INFORMATION REQU IRED UNDER 13
§ 5–6A–04(B) OF THIS SUBTITLE. 14
(I) “LICENSED MENTAL HEALT H PROFESSIONAL ” MEANS A LICENSED 15
PSYCHIATRIST OR A LI CENSED PSYCHOLOGIST . 16
(J) “LICENSED PHYSICIAN ” MEANS A PHYSICIAN WH O IS LICENSED TO 17
PRACTICE MEDICINE IN THE STATE. 18
(K) “LICENSED PSYCHIATRIST ” MEANS A PSYCHIATRIST WHO IS LICENSED 19
TO PRACTICE MEDICINE IN THE STATE. 20
(L) “LICENSED PSYCHOLOGIST ” MEANS A PSYCHOLOGIST WHO IS LICENSED 21
TO PRACTICE PSYCHOLO GY IN THE STATE. 22
(M) “MENTAL HEALTH PROFESS IONAL ASSESSMENT ” MEANS ONE OR MORE 23
CONSULTATIONS BETWEE N AN INDIVIDUAL AND A LICENSED MENTAL HE ALTH 24
PROFESSIONAL FOR THE PURPOSE OF DETERMINING THAT THE INDIVIDUAL HAS 25
THE CAPACITY TO MAKE MEDICAL DECISIONS . 26
(N) “PALLIATIVE CARE ” MEANS HEALTH CARE CE NTERED ON A 27
TERMINALLY ILL INDIV IDUAL AND THE INDIVI DUAL’S FAMILY THAT: 28
(1) OPTIMIZES THE INDIVID UAL’S QUALITY OF LIFE BY 29 HOUSE BILL 1328 5
ANTICIPATING, PREVENTING , AND TREATING THE IND IVIDUAL’S SUFFERING 1
THROUGHOUT THE CONTI NUUM OF THE INDIVIDU AL’S TERMINAL ILLNESS ; 2
(2) ADDRESSES THE PHYSICA L, EMOTIONAL, SOCIAL, AND SPIRITUAL 3
NEEDS OF THE INDIVID UAL; 4
(3) FACILITATES INDIVIDUA L AUTONOMY , THE INDIVIDUAL’S ACCESS 5
TO INFORMATION , AND INDIVIDUAL CHOIC E; AND 6
(4) INCLUDES DISCUSSIONS BETWEEN THE INDIVIDU AL AND A 7
HEALTH CARE PROVIDER CONCERNING THE INDIV IDUAL’S GOALS FOR TREATMEN T 8
AND APPROPRIATE TREA TMENT OPTIONS AVAILA BLE TO THE INDIVIDUA L, 9
INCLUDING HOSPICE CARE AND COM PREHENSIVE PAIN AND SYMPTOM 10
MANAGEMENT . 11
(O) “PHARMACIST” MEANS A PHARMACIST W HO IS LICENSED TO PR ACTICE 12
PHARMACY IN THE STATE. 13
(P) “QUALIFIED INDIVIDUAL ” MEANS AN INDIVIDUAL WHO: 14
(1) IS AN ADULT; 15
(2) HAS THE CAPACITY TO M AKE MEDICAL DECISIONS ; 16
(3) HAS A TERMINAL ILLNES S; AND 17
(4) HAS THE ABILITY TO SE LF–ADMINISTER MEDICATIO N. 18
(Q) “RELATIVE” MEANS: 19
(1) A SPOUSE; 20
(2) A CHILD; 21
(3) A GRANDCHILD ; 22
(4) A SIBLING; 23
(5) A PARENT; OR 24
(6) A GRANDPARENT . 25
(R) (1) “SELF–ADMINISTER” MEANS A QUALIFIED IN DIVIDUAL’S 26
AFFIRMATIVE, CONSCIOUS, AND VOLUNTARY ACT OF INGESTING MEDICATION 27
PRESCRIBED UNDER § 5–6A–07(A) OF THIS SUBTITLE TO BRING ABOUT THE 28 6 HOUSE BILL 1328
INDIVIDUAL’S DEATH. 1
(2) “SELF–ADMINISTER” DOES NOT INCLUDE TAK ING MEDICATION BY 2
PARENTERAL INJECTION OR INFUSION. 3
(S) “TERMINAL ILLNESS ” MEANS A MEDICAL COND ITION THAT, WITHIN 4
REASONABLE MEDICAL J UDGMENT, INVOLVES A PROGNOSIS FOR AN INDIVIDUAL 5
THAT THE CONDITION L IKELY WILL RESULT IN THE INDIVIDUAL ’S DEATH WITHIN 6 6
MONTHS. 7
(T) “WRITTEN REQUEST ” MEANS A WRITTEN REQU EST FOR AID IN DYING . 8
5–6A–02. 9
(A) AN INDIVIDUAL MAY REQ UEST AID IN DYING BY : 10
(1) MAKING AN INITIAL ORA L REQUEST TO THE IND IVIDUAL’S 11
ATTENDING PHYSICIAN ; 12
(2) AFTER MAKING AN INITI AL ORAL REQUEST , MAKING A WRITTEN 13
REQUEST TO THE INDIV IDUAL’S ATTENDING PHYSICIA N, IN ACCORDANCE WITH 14
§ 5–6A–03 OF THIS SUBTITLE; AND 15
(3) MAKING A SECOND ORAL REQUEST TO THE INDIV IDUAL’S 16
ATTENDING PHYSICIAN AT LEAST: 17
(I) 15 DAYS AFTER MAKING TH E INITIAL ORAL REQUE ST; AND 18
(II) 48 HOURS AFTER MAKING T HE WRITTEN REQUEST . 19
(B) NOTWITHSTANDING ANY O THER PROVISION OF LA W, NO OTHER 20
INDIVIDUAL, INCLUDING AN AGENT U NDER AN ADVANCE DIRE CTIVE, AN ATTORNEY 21
IN FACT UNDER A DURA BLE POWER OF ATTORNE Y, A GUARDIAN , OR A 22
CONSERVAT OR, MAY REQUEST AID IN D YING ON BEHALF OF AN INDIVIDUAL. 23
(C) AT LEAST ONE OF THE O RAL REQUESTS MADE UN DER SUBSECTION (A) 24
OF THIS SECTION SHAL L BE MADE WHILE THE INDIVIDUAL IS ALONE WITH THE 25
ATTENDING PHYSICIAN . 26
5–6A–03. 27
(A) A WRITTEN REQUEST FOR AID IN DYING REQUIRE D UNDER 28
§ 5–6A–02(A)(2) OF THIS SUBTITLE SHA LL BE: 29
HOUSE BILL 1328 7
(1) IN SUBSTANTIALLY THE SAME FORM SET FORTH IN SUBSECTION 1
(C) OF THIS SECTION; 2
(2) SIGNED AND DATED BY T HE INDIVIDUAL; AND 3
(3) WITNESSED BY AT LEAST TWO OTHER INDIVIDUALS WH O, IN THE 4
PRESENCE OF THE INDI VIDUAL, ATTEST THAT TO THE B EST OF THEIR KNOWLED GE 5
AND BELIEF THE INDIV IDUAL IS: 6
(I) OF SOUND MIND; AND 7
(II) ACTING VOLUNTARILY AN D NOT BEING COERCED TO SIGN 8
THE WRITTEN REQUEST . 9
(B) (1) ONLY ONE OF THE WITNESSES UND ER SUBSECTION (A)(3) OF THIS 10
SECTION MAY BE : 11
(I) A RELATIVE OF THE INDI VIDUAL BY BLOOD , MARRIAGE, OR 12
ADOPTION; OR 13
(II) AT THE TIME THE WRITT EN REQUEST IS SIGNED BY THE 14
INDIVIDUAL, ENTITLED TO ANY BENE FIT ON THE INDIVIDUA L’S DEATH. 15
(2) THE INDIVIDUAL ’S ATTENDING PHYSICIA N MAY NOT BE A 16
WITNESS. 17
(C) A WRITTEN REQUEST UNDE R THIS SECTION SHALL BE IN 18
SUBSTANTIALLY THE FO LLOWING FORM : 19
MARYLAND REQUEST FOR MEDICATION FOR AID IN DYING 20
BY: _______________________________ DATE OF BIRTH: ____________________ 21
(PRINT NAME) (MONTH/DAY/YEAR) 22
I, ______________________________________, AM AN ADULT OF SOUND MIND. 23
I AM SUFFERING FROM __________________________, WHICH MY ATTENDING 24
PHYSICIAN HAS DETERM INED WILL, MORE LIKELY THAN NOT , RESULT IN DEATH 25
WITHIN 6 MONTHS. I HAVE BEEN FULLY INFO RMED OF MY DIAGNOSIS , MY 26
PROGNOSIS, THE NATURE OF MEDICA TION TO BE PRESCRIBE D TO AID ME IN DYING , 27
THE POTENTIAL ASSOCI ATED RISKS, THE EXPECTED RESULT , THE FEASIBLE 28
ALTERNATIVES , AND THE ADDITIONAL H EALTH CARE TREATMENT OP TIONS, 29
INCLUDING PALLIATIVE CARE AND HOSPICE . 30
8 HOUSE BILL 1328
I HAVE ORALLY REQUESTE D THAT MY ATTENDING PHYSICIAN PRESCRIBE 1
MEDICATION THAT I MAY SELF–ADMINISTER FOR AID I N DYING, AND I NOW CONFIRM 2
THIS REQUEST . I AUTHORIZE MY ATTENDI NG PHYSICIAN TO C ONTACT A 3
PHARMACIST TO FILL T HE PRESCRIPTION FOR THE MEDICATION ON MY REQUEST. 4
INITIAL ONE: 5
_____ I HAVE INFORMED MY FAM ILY OF MY DECISION A ND TAKEN THEIR OPINI ONS 6
INTO CONSIDERATION . 7
_____ I HAVE DECIDED NOT TO INFORM MY FAMILY OF MY DECISION. 8
_____ I HAVE NO FAMILY TO INF ORM OF MY DECISION . 9
I UNDERSTAND THAT I HAVE THE RIGHT TO RE SCIND THIS REQUEST A T ANY TIME. 10
I UNDERSTAND THE FULL IMPORT OF THIS REQUE ST AND I EXPECT TO DIE IF AND 11
WHEN I TAKE THE MEDICATION TO BE PRESCRIBED . I FURTHER UNDERSTAND T HAT, 12
ALTHOUGH MOST DEATHS OCCUR WITHIN 3 HOURS, MY DEATH MAY TAKE LO NGER, 13
AND MY ATTENDING PHY SICIAN HAS COUNSELED ME ABOUT THIS POSSIB ILITY. 14
I MAKE THIS REQUEST VO LUNTARILY AND WITHOU T RESERVATION , AND I ACCEPT 15
FULL RESPONSIBILITY FOR MY DECISION TO R EQUEST AID IN DYING. 16
SIGNED: _______________________________________ DATED: _____________________ 17
DECLARATION OF WITNESSES 18
I UNDERSTAND THAT , UNDER MARYLAND LAW , A WITNESS TO A REQUE ST FOR 19
MEDICATION FOR AID I N DYING MAY NOT BE T HE INDIVIDUAL ’S ATTENDING 20
PHYSICIAN. FURTHER, ONLY ONE OF THE WITN ESSES MAY BE: 21
1. A RELATIVE OF THE INDI VIDUAL BY BLOOD , MARRIAGE, OR ADOPTION; 22
OR 23
2. AT THE TIME THE WRITT EN REQUEST IS SIGNED BY THE INDIVIDUAL , 24
ENTITLED TO ANY BENE FIT ON THE INDIVIDUA L’S DEATH. 25
BY SIGNING BELOW ON THE DATE TH E INDIVIDUAL NAMED A BOVE SIGNS, I 26
DECLARE THAT : 27
THE INDIVIDUAL MAKING AND SIGNING THE ABOV E REQUEST: 28
1. IS PERSONALLY KNOWN T O ME OR HAS PROVIDED PROOF OF IDENTITY ; 29
2. SIGNED THIS REQUEST I N MY PRESENCE ON THE DATE OF THE 30 HOUSE BILL 1328 9
INDIVIDUAL’S SIGNATURE; 1
3. APPEARS TO BE OF SOUN D MIND AND NOT UNDER DURESS, FRAUD, OR 2
UNDUE INFLUENCE ; AND 3
4. IS NOT AN INDIVIDUAL FOR WHOM I AM THE ATTENDING PHY SICIAN. 4
WITNESS 1 5
(CHECK ONE) 6
_____________ I AM: 7
_____________ I AM NOT: 8
1. A RELATIVE OF T HE INDIVIDUAL BY BLO OD, MARRIAGE, OR ADOPTION; 9
OR 10
2. AT THE TIME THE REQUE ST IS SIGNED, ENTITLED TO ANY BENE FIT ON 11
THE INDIVIDUAL ’S DEATH. 12
PRINTED NAME OF WITNESS 1 ______________________________ 13
SIGNATURE OF WITNESS 1 ____________________________ DATE _______________. 14
WITNESS 2 15
(CHECK ONE) 16
_____________ I AM: 17
_____________ I AM NOT: 18
1. A RELATIVE OF THE INDI VIDUAL BY BLOOD , MARRIAGE, OR ADOPTION; 19
OR 20
2. AT THE TIME THE REQUE ST IS SIGNED, ENTITLED TO ANY BENE FIT ON 21
THE INDIVIDUAL ’S DEATH. 22
PRINTED NAME OF WITNESS 2 _______________________________ 23
SIGNATURE OF WITNESS 2 ____________________________ DATE _______________. 24
5–6A–04. 25
(A) (1) WHEN AN ATTENDING PHY SICIAN IS PRESENTED WITH AN 26
INDIVIDUAL’S WRITTEN REQUEST , THE ATTENDING PHYSIC IAN SHALL DE TERMINE 27
WHETHER THE INDIVIDU AL: 28
10 HOUSE BILL 1328
(I) IS A QUALIFIED INDIVI DUAL; 1
(II) HAS MADE AN INFORMED DECISION; AND 2
(III) HAS VOLUNTARILY REQUE STED AID IN DYING. 3
(2) AN INDIVIDUAL IS NOT A QUALIFIED INDIVIDU AL SOLELY DUE TO 4
AGE, DISABILITY, OR A SPECIFIC ILLNESS. 5
(B) AN ATTENDING PHYSICIA N SHALL ENSURE THAT AN INDIVIDUAL MAKES 6
AN INFORMED DECISION BY INFORMING THE IND IVIDUAL OF: 7
(1) THE INDIVIDUAL’S MEDICAL DIAGNOSIS ; 8
(2) THE INDIVIDUAL’S PROGNOSIS; 9
(3) THE POTENTIAL RISKS A SSOCIATED WITH SELF –ADMINISTERING 10
THE MEDICATION TO BE PRESCRIBED FOR AID I N DYING; 11
(4) THE PROBABLE RESULT O F SELF–ADMINISTERING THE 12
MEDICATION TO BE PRE SCRIBED FOR AID IN D YING; AND 13
(5) ANY FEASIBLE ALTERNAT IVES AND HEALTH CARE TREATMENT 14
OPTIONS, INCLUDING PALLIATIVE CARE AND HOSPICE . 15
(C) SUBJECT TO § 5–6A–06 OF THIS SUBTITLE , IF THE ATTENDING 16
PHYSICIAN DETERMINES THAT AN INDIVIDUAL I S A QUALIFIED INDIVI DUAL, HAS 17
MADE AN INFORMED DEC ISION, AND HAS VOLUNTARILY REQUESTED AID IN DYI NG, 18
THE ATTENDING PHYSIC IAN SHALL REFE R THE INDIVIDUAL TO A CONSULTING 19
PHYSICIAN TO CARRY O UT THE DUTIES REQUIR ED UNDER § 5–6A–05 OF THIS 20
SUBTITLE. 21
5–6A–05. 22
A CONSULTING PHYSICIAN TO WHOM AN INDIVIDUA L HAS BEEN REFERRED 23
UNDER § 5–6A–04(C) OF THIS SUBTITLE SHA LL: 24
(1) EXAMINE THE INDIVIDUAL AND THE I NDIVIDUAL’S RELEVANT 25
MEDICAL RECORDS ; 26
(2) CONFIRM THE ATTENDING PHYSICIAN’S DIAGNOSIS THAT THE 27
INDIVIDUAL HAS A TER MINAL ILLNESS; 28
(3) IF REQUIRED UNDER § 5–6A–06 OF THIS SUBTITLE , REFER THE 29 HOUSE BILL 1328 11
INDIVIDUAL FOR A MEN TAL HEALTH PROFESSIONAL ASSESSM ENT; 1
(4) VERIFY THAT THE INDIV IDUAL IS A QUALIFIED INDIVIDUAL, HAS 2
MADE AN INFORMED DEC ISION, AND HAS VOLUNTARILY REQUESTED AID IN DYI NG; 3
AND 4
(5) DOCUMENT THE FULFILLM ENT OF THE CONSULTIN G PHYSICIAN’S 5
DUTIES UNDER THIS SE CTION IN WRITING. 6
5–6A–06. 7
(A) IF, IN THE MEDICAL OPINI ON OF THE ATTENDING PHYSICIAN OR THE 8
CONSULTING PHYSICIAN , AN INDIVIDUAL MAY BE SUFFERING FROM A CON DITION 9
THAT IS CAUSING IMPA IRED JUDGMENT OR OTH ERWISE DOES NOT HAVE THE 10
CAPACITY TO MAKE MED ICAL DECISIONS , THE ATTENDING PHYSIC IAN OR THE 11
CONSULTING PHYSICIAN SHALL REFER THE INDI VIDUAL TO A LICENSED MENTAL 12
HEALTH PROFESSIONAL FOR A MENTAL HEALTH PROFESSIONAL ASSESSM ENT. 13
(B) IF AN INDIVIDUAL IS R EFERRED FOR A MENTAL HEALTH PROFESSIONAL 14
ASSESSMENT UNDER SUB SECTION (A) OF THIS SECTION, AN ATTENDING PHYSICI AN 15
MAY NOT PROVIDE THE INDIVIDUAL MEDICATIO N FOR AID IN DYING U NTIL THE 16
LICENSED MENTAL HEAL TH PROFESSIONAL PROV IDING THE MENTAL HEA LTH 17
PROFESSIONAL ASSESSM ENT: 18
(1) DETERMINES THAT THE I NDIVIDUAL HAS THE CA PACITY TO MAKE 19
MEDICAL DECISIONS AN D IS NOT SUFFERING F ROM A CONDITION THAT IS CAUSING 20
IMPAIRED JUDGMENT ; AND 21
(2) COMMUNICATES THIS DET ERMINATION TO THE AT TENDING 22
PHYSICIAN AND THE CO NSULTING PHYSICIAN I N WRITING. 23
5–6A–07. 24
(A) AFTER THE ATTENDING P HYSICIAN AND THE CONSU LTING PHYSICIAN 25
HAVE FULFILLED THE R EQUIREMENTS UNDER §§ 5–6A–04 AND 5–6A–05 OF THIS 26
SUBTITLE, AND AFTER THE QUALIF IED INDIVIDUAL SUBMI TS A SECOND ORAL 27
REQUEST FOR AID IN D YING, AS REQUIRED UNDER § 5–6A–02 OF THIS SUBTITLE , 28
THE ATTENDIN G PHYSICIAN SHALL : 29
(1) INFORM THE QUALIFIED INDIVIDUAL THAT IT I S THE DECISION OF 30
THE QUALIFIED INDIVI DUAL AS TO WHETHER A ND WHEN TO SELF –ADMINISTER THE 31
MEDICATION PRESCRIBE D FOR AID IN DYING; 32
(2) (I) INFORM THE QUALIFIED INDIVIDUAL THAT THE QUALIFIED 33 12 HOUSE BILL 1328
INDIVIDUAL MAY WISH TO NOTIFY NEXT OF KI N OF THE REQUEST FOR AID IN DYING; 1
AND 2
(II) INFORM THE QUALIFIED INDIVIDUAL THAT A FA ILURE TO 3
NOTIFY NEXT OF KIN I S NOT A BASIS FOR DE NIAL OF THE REQUEST FOR AID IN 4
DYING; 5
(3) COUNSEL THE QUALIFIED INDIVIDUAL CONCERNING THE 6
IMPORTANCE OF : 7
(I) HAVING ANOTHER INDIVI DUAL PRESENT WHEN TH E 8
QUALIFIED INDIVIDUAL SELF–ADMINISTERS THE MEDI CATION PRESCRIBED FO R 9
AID IN DYING; 10
(II) NOT TAKING THE MEDICA TION IN A PUBLIC PLA CE; AND 11
(III) PARTICIPATING IN A HOSPICE PROGRAM ; 12
(4) ENCOURAGE THE QUALIFI ED INDIVIDUAL TO PRE PARE AN 13
ADVANCE DIRECTIVE ; 14
(5) CONFIRM THAT THE QUAL IFIED INDIVIDUAL ’S REQUEST DOES 15
NOT ARISE FROM COERC ION OR UNDUE INFLUEN CE BY ANOTHER INDIVI DUAL BY 16
DISCUSSING WITH THE QUALIFIED INDIVI DUAL, OUTSIDE THE PRESENCE OF ANY 17
OTHER INDIVIDUAL EXC EPT FOR AN INTERPRET ER, WHETHER THE QUALIFIE D 18
INDIVIDUAL IS FEELIN G COERCED OR UNDULY INFLUENCED BY ANOTHE R 19
INDIVIDUAL; 20
(6) INFORM THE QUALIFIED INDIVIDUAL THAT THE QUALIFIED 21
INDIVIDUAL MAY RESCI ND THE REQUEST FOR AID I N DYING AT ANY TIME AND IN ANY 22
MANNER; 23
(7) VERIFY, IMMEDIATELY BEFORE W RITING THE PRESCRIPT ION FOR 24
MEDICATION FOR AID I N DYING, THAT THE QUALIFIED I NDIVIDUAL IS MAKING AN 25
INFORMED DECISION ; 26
(8) FULFILL THE DOCUMENTA TION REQUIREMEN TS ESTABLISHED 27
UNDER § 5–6A–08 OF THIS SUBTITLE; AND 28
(9) (I) IF THE ATTENDING PHYS ICIAN HOLDS A DISPEN SING 29
PERMIT FROM THE STATE BOARD OF PHYSICIANS AND WISHES TO DISPENSE THE 30
MEDICATION, DISPENSE TO THE QUAL IFIED INDIVIDUAL: 31
1. THE PRESCRIBED MEDI CATION FOR AID IN DY ING; 32 HOUSE BILL 1328 13
AND 1
2. ANY ANCILLARY MEDICAT IONS NEEDED TO MINIM IZE 2
THE QUALIFIED INDIVI DUAL’S DISCOMFORT ; OR 3
(II) IF THE ATTENDING PHYS ICIAN DOES NOT HOLD A 4
DISPENSING PERMIT OR DOES NOT WISH TO DIS PENSE THE MEDICATION FOR AID IN 5
DYING, AND THE QUALIFIED IN DIVIDUAL REQUESTS AN D PROVIDES WRITTEN 6
CONSENT FOR THE MEDI CATION FOR AID IN DY ING TO BE DISPENSED BY A 7
PHARMACIST : 8
1. CONTACT A PHARMACIST ; 9
2. INFORM THE PHARMACIST OF THE PRESCRIPTION 10
FOR MEDICATION FOR A ID IN DYING; AND 11
3. SUBMIT THE PRESCRIPTI ON FOR MEDICATION FO R 12
AID IN DYING TO THE PHARMACIST BY ANY ME ANS AUTHORIZED BY LA W. 13
(B) (1) A PHARMACIST WHO HAS B EEN CONTACTED AND IN FORMED BY AN 14
ATTENDING PHYSICIAN AND TO WHOM AN ATTEN DING PHYSICIAN HAS S UBMITTED A 15
PRESCRIPTION FOR MEDICATION F OR AID IN DYING IN A CCORDANCE WITH THE 16
REQUIREMENTS OF SUBS ECTION (A) OF THIS SECTION MAY DISPENSE THE 17
MEDICATION FOR AID I N DYING AND ANY ANCI LLARY MEDICATION ONL Y TO THE 18
QUALIFIED INDIVIDUAL , THE ATTENDING PHYSIC IAN, OR AN EXPRESSLY I DENTIFIED 19
AGENT OF THE QUALIFI ED INDIVIDUAL. 20
(2) IF A PHARMACIST WHO H AS BEEN CONTACTED UN DER 21
SUBSECTION (A)(9)(II) OF THIS SECTION DOES NOT WISH TO OR IS UN ABLE TO 22
DISPENSE THE MEDICAT ION FOR AID IN DYING OR ANY ANCILLARY MED ICATION, 23
THE PHARMACIST SHALL NOTIFY THE QUA LIFIED INDIVIDUAL , THE ATTENDING 24
PHYSICIAN, AND ANY EXPRESSLY ID ENTIFIED AGENT OF TH E QUALIFIED 25
INDIVIDUAL THAT THE PHARMACIST DOES NOT WISH TO OR IS UNABLE TO DISPENSE 26
THE MEDICATION . 27
(C) IF A QUALIFIED INDIVI DUAL SELF–ADMINISTERS ME DICATION FOR AID 28
IN DYING AND DIES , THE ATTENDING PHYSIC IAN MAY SIGN THE QUA LIFIED 29
INDIVIDUAL’S DEATH CERTIFICATE . 30
5–6A–08. 31
(A) WITH RESPECT TO A REQ UEST BY A QUALIFIED INDIVIDUAL FOR AID I N 32
DYING, THE ATTENDING PHYSIC IAN SHALL ENSURE THA T THE MEDICAL R ECORD OF 33
THE QUALIFIED INDIVI DUAL DOCUMENTS OR CO NTAINS: 34 14 HOUSE BILL 1328
(1) THE BASIS FOR DETERMI NING THAT THE QUALIF IED INDIVIDUAL 1
IS AN ADULT; 2
(2) ALL ORAL AND WRITTEN REQUESTS BY THE QUAL IFIED 3
INDIVIDUAL FOR MEDIC ATION FOR AID IN DYI NG; 4
(3) THE ATTENDING PHYS ICIAN’S: 5
(I) DIAGNOSIS OF THE QUAL IFIED INDIVIDUAL ’S TERMINAL 6
ILLNESS AND PROGNOSI S; AND 7
(II) DETERMINATION THAT TH E QUALIFIED INDIVIDU AL HAS 8
THE CAPACITY TO MAKE MEDICAL DECISIONS , HAS MADE AN INFORMED DECISION, 9
AND HAS VOLUNTARILY REQUESTED AID I N DYING; 10
(4) DOCUMENTATION THAT TH E CONSULTING PHYSICI AN HAS 11
FULFILLED THE CONSUL TING PHYSICIAN ’S DUTIES UNDER § 5–6A–05 OF THIS 12
SUBTITLE; 13
(5) A REPORT OF THE OUTCOM E OF AND DETERMINATI ONS MADE 14
DURING THE MENTAL HE ALTH PROFESSIONAL AS SESSMENT IF: 15
(I) THE QUALIFIED INDIVID UAL WAS REFERRED FOR A MENTAL 16
HEALTH PROFESSIONAL ASSESSMENT IN ACCORD ANCE WITH § 5–6A–06 OF THIS 17
SUBTITLE; AND 18
(II) THE MENTAL HEALTH PRO FESSIONAL ASSESSMENT WAS 19
PROVIDED; 20
(6) DOCUMENTATION OF THE ATTENDING PHYSICIAN ’S OFFER TO 21
THE QUALIFIED INDIVI DUAL TO RESCIND THE QUALIFIED INDIVIDUAL ’S REQUEST 22
FOR MEDICATION FOR A ID IN DYING AT THE T IME THE ATTENDING PH YSICIAN 23
WROTE THE PRESCRIPTI ON FOR THE MEDICATIO N FOR THE QUALIFIED INDIVIDUAL; 24
AND 25
(7) A STATEMENT BY THE ATT ENDING PHYSICIAN: 26
(I) INDICATING THAT ALL R EQUIREMENTS FOR AID IN DYING 27
UNDER THIS SUBTITLE HAVE BEEN MET ; AND 28
(II) SPECIFYING THE STEPS TAKEN TO CARRY OUT T HE 29
QUALIFIED INDIVIDUAL ’S REQUEST FOR AID IN DYING, INCLUDING THE MEDICA TION 30
PRESCRIBED FOR AID IN DYING. 31 HOUSE BILL 1328 15
(B) THE ATTENDING PHYSICI AN SHALL SUBMIT TO T HE DEPARTMENT ANY 1
INFORMATION REGARDIN G IMPLEMENTATION OF THIS SUBTITLE REQUIR ED BY 2
REGULATIONS ADOPTED UNDER § 5–6A–09(A) OF THIS SUBTITLE. 3
5–6A–09. 4
(A) THE DEPARTMENT SHALL ADOP T REGULATIONS TO FACILITATE THE 5
COLLECTION OF INFORM ATION UNDER § 5–6A–08(B) OF THIS SUBTITLE. 6
(B) THE DEPARTMENT SHALL PROD UCE AND MAKE AVAILAB LE TO THE 7
PUBLIC AN ANNUAL STA TISTICAL REPORT OF I NFORMATION COLLECTED UNDER 8
SUBSECTION (A) OF THIS SECTION. 9
(C) RECORDS OR INFORMATION COLLECTED OR MAINTAINED UNDER THIS 10
SUBTITLE ARE NOT SUB JECT TO SUBPOENA OR DISCOVERY AND MAY NO T BE 11
INTRODUCED INTO EVID ENCE IN ANY JUDICIAL OR ADMINISTRATIVE PR OCEEDING, 12
EXCEPT TO RESOLVE MA TTERS CONCERNING COM PLIANCE WITH THIS SU BTITLE OR 13
AS OTHERWISE SPECIFICALL Y PROVIDED BY LAW . 14
5–6A–10. 15
A PERSON THAT , AFTER A QUALIFIED IN DIVIDUAL’S DEATH, IS IN POSSESSION 16
OF MEDICATION PRESCR IBED FOR AID IN DYIN G THAT HAS NOT BEEN 17
SELF–ADMINISTERED SHALL D ISPOSE OF THE MEDICA TION IN A LAWFUL MAN NER. 18
5–6A–11. 19
(A) FOR ALL LEGAL RIGHTS AND OBLIGATIONS , RECORD–KEEPING 20
PURPOSES, AND OTHER PURPOSES G OVERNED BY THE LAWS OF THE STATE, 21
WHETHER CONTRACTUAL , CIVIL, CRIMINAL, OR OTHERWISE , THE DEATH OF A 22
QUALIFIED INDIVIDUAL BY REASON OF THE SEL F–ADMINISTRATION OF MEDICATION 23
PRESCRIBED UNDER THI S SUBTITLE SHALL BE DEEMED TO BE A DEATH FROM 24
NATURAL CAUSES , SPECIFICALLY AS A RE SULT OF THE TERMINAL ILLNESS FROM 25
WHICH THE QUALIFIED INDIVIDUAL SUFFERED . 26
(B) A PROVISION IN A CONTR ACT OR ANY OTHER LEG AL INSTRUMENT TH AT 27
IS CONTRARY TO SUBSE CTION (A) OF THIS SECTION IS V OID. 28
(C) SUBSECTION (A) OF THIS SECTION MAY NOT BE CONSTRUED TO 29
PROHIBIT THE PROSECU TION OF A PERSON FOR MURDER OR ATTEMPTED MURDER 30
IF THE PERSON , WITH THE INTENT OR E FFECT OF CAUSING THE INDIVIDUAL’S 31
DEATH: 32
16 HOUSE BILL 1328
(1) WILLFULLY ALTERS OR F ORGES A REQUEST FOR AID IN DYING; 1
(2) CONCEALS OR DESTROYS A RESCISSION OF A RE QUEST FOR AID IN 2
DYING; 3
(3) COERCES OR EXERTS UND UE INFLUENCE ON AN I NDIVIDUAL TO 4
COMPLETE A REQUEST F OR AID IN DYING; OR 5
(4) COERCES OR EXERTS UNDUE INFL UENCE ON AN INDIVIDU AL TO 6
DESTROY A RESCISSION OF A REQUEST FOR AID IN DYING. 7
(D) (1) THIS SUBTITLE DOES NO T AUTHORIZE A LICENS ED PHYSICIAN OR 8
ANY OTHER PERSON TO END AN INDIVIDUAL ’S LIFE BY LETHAL INJ ECTION, MERCY 9
KILLING, OR ACTIVE EUTHANASIA. 10
(2) ACTIONS TAKEN IN ACCO RDANCE WITH THIS SUB TITLE DO NOT, 11
FOR ANY PURPOSE , CONSTITUTE SUICIDE , ASSISTED SUICIDE , MERCY KILLING , OR 12
HOMICIDE. 13
5–6A–12. 14
(A) A PROVISION IN A STATE OR FEDERAL INSU RANCE POLICY, AN ANNUITY, 15
A CONTRACT, OR ANY OTHER AGREEMENT , ISSUED OR MADE ON OR AFTER OCTOBER 16
1, 2025, IS NOT VALID TO THE EXTENT THAT THE PROV ISION WOULD ATTACH 17
CONSEQUENCES TO OR O THERWISE RESTRICT OR INFLUENCE AN INDIVID UAL’S 18
DECISION TO MAKE OR RESCIND A REQUEST FO R AID IN DYING UNDER THIS 19
SUBTITLE. 20
(B) AN OBLIGATION UNDER A CONTRACT EXISTING ON OCTOBER 1, 2025, 21
MAY NOT BE CONDITION ED ON OR AFFECTED BY THE MAKING OR RESCIN DING OF A 22
REQUEST FOR AID IN D YING UNDER THIS SUBT ITLE. 23
(C) A QUALIFIED INDIVIDUAL ’S ACT OF SELF–ADMINISTERING MEDICA TION 24
FOR AID IN DYING MAY NOT HAVE AN EFFECT U NDER A LIFE INSURANC E POLICY, A 25
HEALTH INSURANCE POL ICY OR CONTRACT , OR AN ANNUITY CONTRA CT THAT 26
DIFFERS FROM THE EFF ECT UNDER THE POLICY OR CONTRACT OF THE Q UALIFIED 27
INDIVIDUAL’S DEATH FROM NATURAL CAUSES. 28
5–6A–13. 29
(A) EXCEPT AS PROVIDED IN § 5–6A–14(C) OF THIS SUBTITLE: 30
(1) A PERSON MAY NOT BE SU BJECT TO CIVIL OR CR IMINAL LIABILITY 31
OR PROFESSIONAL DISC IPLINARY ACTION FOR PARTICIPATING IN GOO D FAITH 32 HOUSE BILL 1328 17
COMPLIANCE WITH THIS SUBTITLE, INCLUDING BEING PRES ENT WHEN A QUALIFIED 1
INDIVIDUAL SELF –ADMINISTERS MEDICATI ON PRESCRIBED FOR AI D IN DYING; AND 2
(2) A HEALTH CARE PROVIDER OR A HEALTH OCCUPATI ONS BOARD 3
MAY NOT SUBJECT A PE RSON TO CENSURE , DISCIPLINE, SUSPENSION, LOSS OF 4
LICENSE, LOSS OF PRIVILEGES , LOSS OF MEMBERSHIP , OR ANY OTHER PENALTY FOR 5
PARTICIPATING OR REF USING TO PARTICIPATE IN GOOD FAITH COMPLI ANCE WITH 6
THIS SUBTITLE. 7
(B) AN INDIVIDUAL’S REQUEST FOR AID IN DYING OR AN ATTENDIN G 8
PHYSICIAN’S PRESCRIPTION OF ME DICATION MADE IN GOO D FAITH COMPLIANCE 9
WITH THIS SUBTITLE DO ES NOT: 10
(1) CONSTITUTE NEGLECT FO R ANY PURPOSE OF LAW ; OR 11
(2) PROVIDE THE SOLE BASI S FOR THE APPOINTMEN T OF A 12
GUARDIAN OR CONSERVA TOR. 13
5–6A–14. 14
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 15
INDICATED. 16
(2) “NOTIFY” MEANS TO PROVIDE A S EPARATE STATEMENT IN 17
WRITING TO A HEALTH CARE PROVIDER SPECIF ICALLY INFORMING THE HEALTH 18
CARE PROVIDER , BEFORE THE HEALTH CA RE PROVIDER’S PARTICIPATION IN A ID IN 19
DYING, OF A HEALTH CARE FAC ILITY’S POLICY ABOUT PARTI CIPATION IN AID IN 20
DYING. 21
(3) (I) “PARTICIPATE IN AID IN DYING” MEANS TO PERFORM THE 22
DUTIES OF AN ATTENDI NG PHYSICIAN, A CONSULTING PHYSICI AN, OR A LICENSED 23
MENTAL HEALTH PROFES SIONAL UNDER THIS SU BTITLE. 24
(II) “PARTICIPATE IN AID IN DYING” DOES NOT INCLUDE : 25
1. MAKING AN INITIAL DET ERMINATION THAT AN 26
INDIVIDUAL HAS A TER MINAL ILLNESS AND IN FORMING THE INDIVIDU AL OF THE 27
MEDICAL PROGNOSIS ; 28
2. PROVIDING INFORMATION ABOUT THIS SUBTITLE TO 29
AN INDIVIDUAL ON THE REQUEST OF THE INDIV IDUAL; OR 30
3. PROVIDING AN INDIVIDUAL, ON REQUEST OF THE 31
INDIVIDUAL, WITH A REFERRAL TO A NOTHER PHYSICIAN . 32 18 HOUSE BILL 1328
(B) (1) A HEALTH CARE FACILITY MAY PROHIBIT A HEALT H CARE 1
PROVIDER FROM PARTIC IPATING IN AID IN DY ING UNDER THIS SUBTI TLE ON THE 2
PREMISES OF THE PROH IBITING HEALTH CARE FACILITY IF THE PROHIBIT ING 3
HEALTH CARE FACILITY HAS NOTIFIED ALL HEA LTH CARE PROVIDERS W ITH 4
PRIVILEGES TO PRACTI CE ON THE PREMISES O F THE PROHIBITING HE ALTH CARE 5
FACILITY’S POLICY REGARDING P ARTICIPATING IN AID IN DYING. 6
(2) THIS SUBSECTION DOES NOT PROHIB IT A HEALTH CARE 7
PROVIDER FROM PROVID ING HEALTH CARE SERV ICES THAT DO NOT CON STITUTE 8
PARTICIPATING IN AID IN DYING UNDER THIS SUBTITLE TO AN INDIV IDUAL. 9
(C) A HEALTH CARE FACILITY MAY SUBJECT A HEALTH CARE PROVIDER TO 10
THE FOLLOWING SANCTI ONS IF THE SANCT IONING HEALTH CARE F ACILITY HAS 11
NOTIFIED THE SANCTIO NED HEALTH CARE PROV IDER, BEFORE THE SANCTIONE D 12
HEALTH CARE PROVIDER PARTICIPATES IN AID IN DYING, THAT THE SANCTIONING 13
HEALTH CARE FACILITY PROHIBITS PARTICIPAT ION IN AID IN DYING: 14
(1) LOSS OF PRIVILE GES, LOSS OF MEMBERSHIP , OR OTHER 15
SANCTIONS PROVIDED U NDER THE MEDICAL STA FF BYLAWS, POLICIES, AND 16
PROCEDURES OF THE SA NCTIONING HEALTH CAR E FACILITY IF THE SA NCTIONED 17
HEALTH CARE PROVIDER IS A MEMBER OF THE S ANCTIONING HEALTH CA RE 18
FACILITY’S MEDICAL STAFF AND PARTICIPATES IN AID IN DYING WHILE O N THE 19
PREMISES OF THE SANC TIONING HEALTH CARE FACILITY; 20
(2) TERMINATION OF A LEAS E OR ANY OTHER PROPE RTY CONTRACT 21
OR OTHER NONMONETARY REMEDIES PROVIDED BY A LEASE OR OTHER PRO PERTY 22
CONTRACT, NOT INCLUDING LOSS O R RESTRICTION OF MED ICAL STAFF PRIVILEGE S 23
OR EXCLUSION FROM A PROVIDER PANEL , IF THE SANCTIONED HE ALTH CARE 24
PROVIDER PARTICIPATE S IN AID IN DYING WH ILE ON THE PREMISES OF THE 25
SANCTIONING HEALTH C ARE FACILITY OR ON P ROPERTY THAT IS OWNE D BY OR 26
UNDER THE DIR ECT CONTROL OF THE S ANCTIONING HEALTH CA RE FACILITY; OR 27
(3) TERMINATION OF A CONT RACT OR OTHER NONMON ETARY 28
REMEDIES PROVIDED BY A CONTRACT IF THE SA NCTIONED HEALTH CARE PROVIDER 29
PARTICIPATES IN AID IN DYING WHILE ACTIN G IN THE COURSE AND SCOPE OF THE 30
SANCTIONED HEALTH CARE PROVIDER’S CAPACITY AS AN EMP LOYEE OR 31
INDEPENDENT CONTRACT OR OF THE SANCTIONIN G HEALTH CARE FACILI TY. 32
(D) SUBSECTION (B) OF THIS SECTION DOES NOT PROHIBIT: 33
(1) A HEALTH CARE PROVIDER FROM PARTICIPATING I N AID IN 34
DYING: 35
HOUSE BILL 1328 19
(I) WHILE ACTING OUTSIDE TH E COURSE AND SCOPE O F THE 1
HEALTH CARE PROVIDER ’S CAPACITY AS AN EMP LOYEE OR INDEPENDENT 2
CONTRACTOR OF THE SA NCTIONING HEALTH CAR E FACILITY; OR 3
(II) OFF THE PREMISES OF T HE SANCTIONING HEALT H CARE 4
FACILITY OR OFF ANY PROPERTY THAT IS OWNED BY OR UNDER TH E DIRECT 5
CONTROL OF THE SANCT IONING HEALTH CARE F ACILITY; OR 6
(2) AN INDIVIDUAL FROM CO NTRACTING WITH THE I NDIVIDUAL’S 7
ATTENDING PHYSICIAN OR CONSULTING PHYSIC IAN TO ACT OUTSIDE T HE COURSE 8
AND SCOPE OF THE ATT ENDING PHYSICIAN ’S OR CO NSULTING PHYSICIAN ’S 9
CAPACITY AS AN EMPLO YEE OR INDEPENDENT C ONTRACTOR OF THE SAN CTIONING 10
HEALTH CARE FACILITY . 11
5–6A–15. 12
(A) (1) PARTICIPATION BY A HE ALTH CARE PROVIDER I N AID IN DYING 13
UNDER THIS SUBTITLE IS VOLUNTARY. 14
(2) A HEALTH CARE FACILITY MAY NOT REQUIRE THE PHYS ICIANS ON 15
THE MEDICAL STAFF OF THE HEALTH CARE FACI LITY TO PARTICIPATE IN AID IN 16
DYING. 17
(B) IF AN INDIVIDUAL REQU ESTS OR INDICATES AN INTEREST IN AID IN 18
DYING AND THE ATTEND ING PHYSICIAN OF THE INDIVIDUAL DOES NOT WISH TO 19
PARTICIPATE IN AID IN DYING, THE ATTENDING PHYSIC IAN SHALL INFORM THE 20
INDIVIDUAL THAT THE ATTENDING PHYSICIAN DOES NOT WISH TO PAR TICIPATE. 21
(C) ON REQUEST , AN ATTENDING PHYSICI AN EXPEDITIOUSLY SHA LL 22
TRANSFER A COPY OF A N INDIVIDUAL’S RELEVANT MEDICAL R ECORDS TO ANOT HER 23
ATTENDING PHYSICIAN IF: 24
(1) THE INDIVIDUAL REQUES TS OR INDICATES AN I NTEREST IN AID IN 25
DYING; 26
(2) THE ORIGINAL ATTENDIN G PHYSICIAN IS UNABL E OR UNWILLING 27
TO PARTICIPATE IN AI D IN DYING FOR THE I NDIVIDUAL; AND 28
(3) THE INDIVIDUAL TRANSF ERS THE INDIVIDUAL’S CARE TO 29
ANOTHER ATTENDING PH YSICIAN. 30
(D) A HEALTH CARE FACILITY MAY ADOPT WRITTEN PO LICIES PROHIBITING 31
A LICENSED PHYSICIAN ASSOCIATED WITH THE HEALTH CARE FACILITY FROM 32
PARTICIPATING IN AID IN DYING, IN ACCORDANCE WITH § 5–6A–14 OF THIS 33 20 HOUSE BILL 1328
SUBTITLE. 1
5–6A–16. 2
(A) A HEALTH CARE PROVIDER ACTING WITHIN THE SC OPE OF THE HEALTH 3
CARE PROVIDER ’S LICENSE OR CERTIFI CATION AND IN COMPLI ANCE WITH THIS 4
SUBTITLE SHALL BE DE EMED TO BE ACTING WI THIN THE STANDARD OF CARE OF THE 5
PROVIDER’S LICENSE OR CERTIFI CATION. 6
(B) THIS SUBTITLE DOES NO T EXEMPT A HEALTH CA RE PROVIDER FROM 7
MEETING THE MEDICAL STANDARDS OF CARE FO R AN INDIVIDUAL ’S MEDICAL 8
TREATMENT . 9
5–6A–17. 10
(A) AN INDIVIDUAL WHO WIL LFULLY ALTERS OR FOR GES A WRITTEN 11
REQUEST MADE UNDER §§ 5–6A–02 AND 5–6A–03 OF THIS SUBTITLE OR CONCEALS 12
OR DESTROYS A RESCIS SION OF AN INDIVIDUA L’S WRITTEN REQUEST WI THOUT THE 13
AUTHORIZATION OF THE INDIVIDUAL AND WITH THE INTENT OR EFFECT OF CAUSING 14
THE INDIVIDUAL ’S DEATH IS GUILTY OF A FELONY AND ON CONV ICTION IS SUBJECT 15
TO IMPRISONMENT NOT EXC EEDING 10 YEARS OR A FINE NOT EXCEEDING $10,000 16
OR BOTH. 17
(B) AN INDIVIDUAL WHO COE RCES OR EXERTS UNDUE INFLUENCE ON AN 18
INDIVIDUAL TO MAKE A WRITTEN REQUEST UNDE R §§ 5–6A–02 AND 5–6A–03 OF 19
THIS SUBTITLE FOR TH E PURPOSE OF ENDING THE INDIVIDUAL’S LIFE OR TO 20
DESTROY A RESCISSION OF A WRITTEN REQUEST IS GUILTY OF A FELON Y AND ON 21
CONVICTION IS SUBJEC T TO IMPRISONMENT NO T EXCEEDING 10 YEARS OR A FINE 22
NOT EXCEEDING $10,000 OR BOTH. 23
(C) A SENTENCE IMPOSED UND ER THIS SECTION MAY BE IMPOSED 24
SEPARATE FROM AND CO NSECUTIVE TO OR CONC URRENT WITH A SENTEN CE FOR 25
ANY CRIME BASED ON T HE ACT ESTABLISHING THE VIOLATION OF THI S SECTION. 26
(D) THIS SUBTITLE DOES NO T LIMIT ANY LIABILIT Y FOR CIVIL DAMAGES 27
RESULTING FROM ANY O THER NEGLIGENT CONDU CT OR INTENTIONAL MISCONDUCT 28
BY ANY PERSON . 29
Article – Insurance 30
27–208.1. 31
(A) FOR ALL LEGAL RIGHTS AND OBLIGATIONS AND OTHER PURPOSES 32
GOVERNED BY THIS ART ICLE, THE DEATH OF AN INDI VIDUAL BY REASON OF THE 33 HOUSE BILL 1328 21
SELF–ADMINISTRATION OF ME DICATION PRESCRIBED UNDER TITLE 5, SUBTITLE 1
6A OF THE HEALTH – GENERAL ARTICLE SHALL BE DEEM ED TO BE A DEATH FRO M 2
NATURAL CAUSES , SPECIFICALLY AS A RE SULT OF THE TERMINAL ILLNESS FROM 3
WHICH THE INDIVIDUAL SUFFERED. 4
(B) ACTIONS TAKEN IN ACCO RDANCE WITH TITLE 5, SUBTITLE 6A OF THE 5
HEALTH – GENERAL ARTICLE DO NOT , FOR ANY PURPOSE , CONSTITUTE SUICIDE , 6
ASSISTED SUICIDE , MERCY KILLING , OR HOMICIDE. 7
(C) A PROVISION IN AN INSU RANCE POLICY OR CONT RACT OR AN ANNUITY 8
CONTRACT ISSUED OR D ELIVERED ON OR AFTER OCTOBER 1, 2025, IS NOT VALID TO 9
THE EXTENT THAT THE PROVISI ON WOULD ATTACH CONS EQUENCES TO OR 10
OTHERWISE RESTRICT O R INFLUENCE AN INDIV IDUAL’S DECISION TO MAKE O R 11
RESCIND A REQUEST FO R AID IN DYING UNDER TITLE 5, SUBTITLE 6A OF THE 12
HEALTH – GENERAL ARTICLE. 13
(D) AN OBLIGATION UNDER A N INSURANCE POLICY OR CONTRACT O R AN 14
ANNUITY CONTRACT EXI STING ON OCTOBER 1, 2025, MAY NOT BE CONDITION ED ON 15
OR AFFECTED BY THE M AKING OR RESCINDING OF A REQUEST FOR AID IN DYING 16
UNDER TITLE 5, SUBTITLE 6A OF THE HEALTH – GENERAL ARTICLE. 17
(E) THE ACT BY AN INSURED OF SELF–ADMINISTERING MEDICA TION FOR 18
AID IN DYING UNDER TITLE 5, SUBTITLE 6A OF THE HEALTH – GENERAL ARTICLE 19
MAY NOT HAVE AN EFFE CT UNDER A LIFE INSU RANCE POLICY, A HEALTH INSURANCE 20
POLICY OR CONTRACT , OR AN ANNUITY CONTRA CT THAT DIFFERS FROM THE 21
EFFECT UN DER THE POLICY OR CO NTRACT OF THE INSURE D’S OR ANNUITANT ’S 22
DEATH FROM NATURAL C AUSES. 23
SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 24
the application thereof to any person or circumstance is held invalid for any reason in a 25
court of competent jurisdiction, the invalidity does not affect other provisions or any other 26
application of this Act that can be given effect without the invalid provision or application, 27
and for this purpose the provisions of this Act are declared severable. 28
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 29
October 1, 2025. 30