EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0926*
SENATE BILL 926
J1 5lr1315
SB 443/24 – JPR CF 5lr1290
By: Senator Smith
Introduced and read first time: January 28, 2025
Assigned to: Judicial Proceedings
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
BY adding to 25
Article – Health – Genera l 26
Section 5–6A–01 through 5–6A–17 to be under the new subtitle “Subtitle 6A. The 27
Honorable Elijah E. Cummings and the Honorable Shane E. Pendergrass 28
End–of–Life Option Act” 29 2 SENATE BILL 926
Annotated Code of Maryland 1
(2023 Replacement Volume and 2024 Supplement) 2
BY adding to 3
Article – Insurance 4
Section 27–208.1 5
Annotated Code of Maryland 6
(2017 Replacement Volume and 2024 Supplement) 7
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 8
That the Laws of Maryland read as follows: 9
Article – Criminal Law 10
3–103. 11
(a) A licensed health care professional does not violate § 3–102 of this subtitle by 12
administering or prescribing a procedure or administering, prescribing, or dispensing a 13
medication to relieve pain, even if the medication or procedure may hasten death or 14
increase the risk of death, unless the licensed health care professional knowingly 15
administers or prescribes the procedure or administers, prescribes, or dispenses the 16
medication to cause death. 17
(b) A licensed health care professional does not violate § 3–102 of this subtitle by 18
withholding or withdrawing a medically administered life–sustaining procedure: 19
(1) in compliance with Title 5, Subtitle 6 of the Health – General Article; 20
or 21
(2) in accordance with reasonable medical practice. 22
(C) A LICENSED HEALTH CARE PROFESSIONAL DOES NO T VIOLATE § 3–102 23
OF THIS SUBTITLE BY TAKING ANY ACTION IN ACCORDANCE WITH TITLE 5, 24
SUBTITLE 6A OF THE HEALTH – GENERAL ARTICLE. 25
[(c)] (D) (1) Unless the family member knowingly administers a procedure or 26
administers or dispenses a medication to cause death, a family member does not violate 27
§ 3–102 of this subtitle if the family member: 28
(i) is a caregiver for a patient enrolled in a licensed hospice program; 29
and 30
(ii) administers the procedure or administers or dispenses the 31
medication to relieve pain under the supervision of a health care professional. 32
(2) Paragraph (1) of this subsection applies even if the medication or 33
procedure hastens death or increases the risk of death. 34 SENATE BILL 926 3
Article – Health – General 1
SUBTITLE 6A. THE HONORABLE ELIJAH E. CUMMINGS AND THE HONORABLE 2
SHANE E. PENDERGRASS END–OF–LIFE OPTION ACT. 3
5–6A–01. 4
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 5
INDICATED. 6
(B) “AID IN DYING” MEANS THE MEDICAL PR ACTICE OF A PHYSICIA N 7
PRESCRIBING MEDICATI ON TO A QUALIFIED IN DIVIDUAL THAT THE QU ALIFIED 8
INDIVIDUAL MAY SELF –ADMINISTER TO BRING ABOUT THE QUALIFIED INDIVIDUAL’S 9
DEATH. 10
(C) “ATTENDING PHYSICIAN ” MEANS THE LICENSED PHYSICI AN WHO HAS 11
PRIMARY RESPONSIBILI TY FOR THE MEDICAL C ARE OF THE INDIVIDUA L AND 12
TREATMENT OF THE IND IVIDUAL’S TERMINAL ILLNESS . 13
(D) “CAPACITY TO MAKE MEDI CAL DECISIONS” MEANS THE ABILITY OF AN 14
INDIVIDUAL TO: 15
(1) UNDERSTAND THE NATURE AND CONSEQUENCES OF A HEALTH 16
CARE DECISION; 17
(2) UNDERSTAND THE SIGNIF ICANT BENEFITS , RISKS, AND 18
ALTERNATIVES OF A HE ALTH CARE DECISION ; AND 19
(3) MAKE AND COMMUNICATE AN INFORMED DECISION TO HEALTH 20
CARE PROVIDERS , INCLUDING COMMUNICAT ION THROUGH ANOTHE R INDIVIDUAL 21
FAMILIAR WITH THE IN DIVIDUAL’S MANNER OF COMMUNIC ATING, IF THE OTHER 22
INDIVIDUAL IS AVAILA BLE. 23
(E) “CONSULTING PHYSICIAN ” MEANS A LICENSED PHY SICIAN WHO IS 24
QUALIFIED BY SPECIAL TY OR EXPERIENCE TO CONFIRM A PROFESSION AL 25
DIAGNOSIS AND PROGNO SIS REGARDING AN INDIVID UAL’S TERMINAL ILLNESS . 26
(F) “HEALTH CARE FACILITY ” MEANS: 27
(1) A HOSPITAL, AS DEFINED IN § 19–301 OF THIS ARTICLE; 28
(2) A HOSPICE FACILITY , AS DEFINED IN § 19–901 OF THIS ARTICLE; 29
(3) AN ASSISTED LIVING PR OGRAM, AS DEFINED IN § 19–1801 OF THIS 30 4 SENATE BILL 926
ARTICLE; OR 1
(4) A NURSING HOME , AS DEFINED IN § 19–1401 OF THIS ARTICLE. 2
(G) “HEALTH CARE PROVIDER ” MEANS AN INDIVIDUAL LICENSED OR 3
CERTIFIED UNDER THE HEALTH OCCUPATIONS ARTICLE TO PROVIDE H EALTH 4
CARE OR DISPENSE MED ICATION IN THE ORDIN ARY COURSE OF BUSINE SS OR 5
PRACTICE OF A PROFES SION. 6
(H) “INFORMED DECISION ” MEANS A DECISION BY AN INDIVIDUAL THAT I S: 7
(1) BASED ON AN UNDERSTAN DING AND ACKNOWLEDGM ENT OF THE 8
RELEVANT FACTS ; AND 9
(2) MADE AFTER RECEIVING THE INFORMATION REQU IRED UNDER 10
§ 5–6A–04(B) OF THIS SUBTITLE. 11
(I) “LICENSED MENTAL HEALT H PROFESSIONAL ” MEANS A LICENSED 12
PSYCHIATRIST OR A LI CENSED PSYCHOLOGIST . 13
(J) “LICENSED PHYSICIAN ” MEANS A PHYSICIAN WH O IS LICENSED TO 14
PRACTICE MEDICINE IN THE STATE. 15
(K) “LICENSED PSYCHIATRIST ” MEANS A PSYCHIATRIST WHO IS LICENSED 16
TO PRACTICE MEDICINE IN THE STATE. 17
(L) “LICENSED PSYCHOLOGIST ” MEANS A PSYCHOLOGIST WHO IS LICENSED 18
TO PRACTICE PSYCHOLO GY IN THE STATE. 19
(M) “MENTAL HEALTH PRO FESSIONAL ASSESSMENT ” MEANS ONE OR MORE 20
CONSULTATIONS BETWEE N AN INDIVIDUAL AND A LICENSED MENTAL HE ALTH 21
PROFESSIONAL FOR THE PURPOSE OF DETERMINI NG THAT THE INDIVIDU AL HAS 22
THE CAPACITY TO MAKE MEDICAL DECISIONS . 23
(N) “PALLIATIVE CARE ” MEANS HEALTH CARE CENTERED ON A 24
TERMINALLY ILL INDIV IDUAL AND THE INDIVI DUAL’S FAMILY THAT: 25
(1) OPTIMIZES THE INDIVID UAL’S QUALITY OF LIFE BY 26
ANTICIPATING, PREVENTING , AND TREATING THE IND IVIDUAL’S SUFFERING 27
THROUGHOUT THE CONTI NUUM OF THE INDIVIDU AL’S TERMINAL ILLNESS ; 28
(2) ADDRESSES THE PHYSICA L, EMOTIONAL, SOCIAL, AND SPIRITUAL 29
NEEDS OF THE INDIVID UAL; 30
SENATE BILL 926 5
(3) FACILITATES INDIVIDUA L AUTONOMY , THE INDIVIDUAL ’S ACCESS 1
TO INFORMATION , AND INDIVIDUAL CHOIC E; AND 2
(4) INCLUDES DISCUSSIONS BETWEEN THE INDIVIDU AL AND A 3
HEALTH CARE PROVIDER CO NCERNING THE INDIVID UAL’S GOALS FOR TREATMEN T 4
AND APPROPRIATE TREA TMENT OPTIONS AVAILA BLE TO THE INDIVIDUA L, 5
INCLUDING HOSPICE CA RE AND COMPREHENSIVE PAIN AND SYMPTOM 6
MANAGEMENT . 7
(O) “PHARMACIST” MEANS A PHARMACIST W HO IS LICENSED TO PRACTICE 8
PHARMACY IN THE STATE. 9
(P) “QUALIFIED INDIVIDUAL ” MEANS AN INDIVIDUAL WHO: 10
(1) IS AN ADULT; 11
(2) HAS THE CAPACITY TO M AKE MEDICAL DECISION S; 12
(3) HAS A TERMINAL ILLNES S; AND 13
(4) HAS THE ABILITY TO SE LF–ADMINISTER MEDICATIO N. 14
(Q) “RELATIVE” MEANS: 15
(1) A SPOUSE; 16
(2) A CHILD; 17
(3) A GRANDCHILD ; 18
(4) A SIBLING; 19
(5) A PARENT; OR 20
(6) A GRANDPARENT . 21
(R) (1) “SELF–ADMINISTER” MEANS A QUALIFIED IN DIVIDUAL’S 22
AFFIRMATIVE, CONSCIOUS, AND VOLUNTARY ACT OF INGESTING MEDICATION 23
PRESCRIBED UNDER § 5–6A–07(A) OF THIS SUBTITLE TO BRING ABOUT THE 24
INDIVIDUAL’S DEATH. 25
(2) “SELF–ADMINISTER” DOES NOT INCLUDE TAK ING MEDICATION BY 26
PARENTERAL INJECTION OR INFUSION. 27
(S) “TERMINAL ILLNESS ” MEANS A MEDICAL COND ITION THAT, WITHIN 28 6 SENATE BILL 926
REASONABLE MEDICAL J UDGMENT, INVOLVES A PROGNOSIS FOR AN INDIVIDUAL 1
THAT THE CONDITION LIKELY WILL RESULT I N THE INDIVIDUAL ’S DEATH WITHIN 6 2
MONTHS. 3
(T) “WRITTEN REQUEST ” MEANS A WRITTEN REQU EST FOR AID IN DYING . 4
5–6A–02. 5
(A) AN INDIVIDUAL MAY REQ UEST AID IN DYING BY: 6
(1) MAKING AN INITIAL ORA L REQUEST TO THE IND IVIDUAL’S 7
ATTENDING PHYSICIAN ; 8
(2) AFTER MAKING AN INITI AL ORAL REQUEST , MAKING A WRITTEN 9
REQUEST TO THE INDIV IDUAL’S ATTENDING PHYSICIA N, IN ACCORDANCE WITH 10
§ 5–6A–03 OF THIS SUBTITLE; AND 11
(3) MAKING A SECOND ORAL REQUEST TO THE INDIV IDUAL’S 12
ATTENDING PHYSICIAN AT LEAST: 13
(I) 15 DAYS AFTER MAKING TH E INITIAL ORAL REQUE ST; AND 14
(II) 48 HOURS AFTER MAKING T HE WRITTEN REQUEST . 15
(B) NOTWITHSTANDING ANY O THER PROVISION OF LA W, NO OTHER 16
INDIVIDUAL, INCLUDING AN AGENT U NDER AN ADVANCE DIRE CTIVE, AN ATTORNEY 17
IN FACT UNDER A DURA BLE POWER OF ATTORNE Y, A GUARDIAN , OR A 18
CONSERVATOR , MAY REQUEST AID IN D YING ON BEHALF OF AN INDIVIDUAL. 19
(C) AT LEAST ONE OF THE O RAL REQUESTS MADE UN DER SUBSECTION (A) 20
OF THIS SECTION SHAL L BE MADE WHILE THE INDIVIDUAL IS ALONE WITH THE 21
ATTENDING PHYSICIAN . 22
5–6A–03. 23
(A) A WRITTEN REQUEST FOR AID IN DYING REQUIRE D UNDER 24
§ 5–6A–02(A)(2) OF THIS SUBTITLE SHA LL BE: 25
(1) IN SUBSTANTIALLY THE SAME FORM SET FORTH IN SUBSECTION 26
(C) OF THIS SECTION; 27
(2) SIGNED AND DATED BY T HE INDIVIDUAL; AND 28
(3) WITNESSED BY AT LEAST TWO OTHER INDIVIDUAL S WHO, IN THE 29 SENATE BILL 926 7
PRESENCE OF THE INDI VIDUAL, ATTEST THAT TO THE B EST OF THEIR KNOWLED GE 1
AND BELIEF THE INDIV IDUAL IS: 2
(I) OF SOUND MIND; AND 3
(II) ACTING VOLUNTARILY AN D NOT BEING COERCED TO SIGN 4
THE WRITTEN REQUEST . 5
(B) (1) ONLY ONE OF THE WITNE SSES UNDER SUBSECTIO N (A)(3) OF THIS 6
SECTION MAY BE : 7
(I) A RELATIVE OF THE INDI VIDUAL BY BLOOD , MARRIAGE, OR 8
ADOPTION; OR 9
(II) AT THE TIME THE WRITT EN REQUEST IS SIGNED BY THE 10
INDIVIDUAL, ENTITLED TO ANY BENE FIT ON THE INDIVIDUA L’S DEATH. 11
(2) THE INDIVIDUAL ’S ATTENDING PHYSICIA N MAY NOT BE A 12
WITNESS. 13
(C) A WRITTEN REQUEST UNDE R THIS SECTION SHALL BE IN 14
SUBSTANTIA LLY THE FOLLOWING FO RM: 15
MARYLAND REQUEST FOR MEDICATION FOR AID IN DYING 16
BY: _______________________________ DATE OF BIRTH: ____________________ 17
(PRINT NAME) (MONTH/DAY/YEAR) 18
I, ______________________________________, AM AN ADULT OF SOUND MIND. 19
I AM SUFFERING FROM __________________________, WHICH MY ATTENDING 20
PHYSICIAN HAS DETERM INED WILL, MORE LIKELY THAN NOT , RESULT IN DEATH 21
WITHIN 6 MONTHS. I HAVE BEEN FULLY INFO RMED OF MY DIAGNOSIS , MY 22
PROGNOSIS, THE NATURE OF MEDICA TION TO BE PRESCRIBE D TO AID ME IN DYING, 23
THE POTENTIAL ASSOCI ATED RISKS, THE EXPECTED RESULT , THE FEASIBLE 24
ALTERNATIVES , AND THE ADDITIONAL H EALTH CARE TREATMENT OPTIONS, 25
INCLUDING PALLIATIVE CARE AND HOSPICE . 26
I HAVE ORALLY REQUESTE D THAT MY ATTENDING PHYSICIAN PRESCRIBE 27
MEDICATION THAT I MAY SELF–ADMINISTER FOR AID I N DYING, AND I NOW CONFIRM 28
THIS REQUEST . I AUTHORIZE MY ATTENDI NG PHYSICIAN TO CONT ACT A 29
PHARMACIST TO FILL T HE PRESCRIPTION FOR THE MEDICATION ON MY REQUEST. 30
INITIAL ONE: 31 8 SENATE BILL 926
_____ I HAVE INFORMED MY FAM ILY OF MY DECISION AND TAKEN THEIR OPINIONS 1
INTO CONSIDERATION . 2
_____ I HAVE DECIDED NOT TO INFORM MY FAMILY OF MY DECISION. 3
_____ I HAVE NO FAMILY TO IN FORM OF MY DECISION . 4
I UNDERSTAND THAT I HAVE THE RIGHT TO RE SCIND THIS REQUEST A T ANY TIME. 5
I UNDERSTAND THE FULL IMPORT OF THIS REQUE ST AND I EXPECT TO DIE IF AND 6
WHEN I TAKE THE MEDICATION TO BE PRESCRIBED . I FURTHER UNDERSTAND T HAT, 7
ALTHOUGH MOST DEATHS OCCUR WITHIN 3 HOURS, MY DEATH MAY TAKE LO NGER, 8
AND MY ATTENDING PHY SICIAN HAS COUNSELED ME ABOUT THIS POSSIB ILITY. 9
I MAKE THIS REQUEST VO LUNTARILY AND WITHOU T RESERVATION , AND I ACCEPT 10
FULL RESPONSIBILITY FOR MY DECISION TO R EQUEST AID IN DYING . 11
SIGNED: _______________________________________ DATED: _____________________ 12
DECLARATION OF WITNESSES 13
I UNDERSTAND THAT, UNDER MARYLAND LAW , A WITNESS TO A REQUE ST FOR 14
MEDICATION FOR AID I N DYING MAY NOT BE T HE INDIVIDUAL ’S ATTENDING 15
PHYSICIAN. FURTHER, ONLY ONE OF THE WITN ESSES MAY BE: 16
1. A RELATIVE OF THE INDI VIDUAL BY BLOOD , MARRIAGE, OR ADOPTION; 17
OR 18
2. AT THE TIME THE WRITTEN REQU EST IS SIGNED BY THE INDIVIDUAL, 19
ENTITLED TO ANY BENE FIT ON THE INDIVIDUA L’S DEATH. 20
BY SIGNING BELOW ON T HE DATE THE INDIVIDU AL NAMED ABOVE SIGNS , I 21
DECLARE THAT : 22
THE INDIVIDUAL MAKING AND SIGNING THE ABOV E REQUEST: 23
1. IS PERSONAL LY KNOWN TO ME OR HA S PROVIDED PROOF OF IDENTITY; 24
2. SIGNED THIS REQUEST I N MY PRESENCE ON THE DATE OF THE 25
INDIVIDUAL’S SIGNATURE; 26
3. APPEARS TO BE OF SOUN D MIND AND NOT UNDER DURESS, FRAUD, OR 27
UNDUE INFLUENCE ; AND 28
4. IS NOT AN INDIVIDUAL FOR WHOM I AM THE ATTENDING PHY SICIAN. 29 SENATE BILL 926 9
WITNESS 1 1
(CHECK ONE) 2
_____________ I AM: 3
_____________ I AM NOT: 4
1. A RELATIVE OF THE INDI VIDUAL BY BLOOD , MARRIAGE, OR ADOPTION; 5
OR 6
2. AT THE TIME THE REQUE ST IS SIGNED, ENTITLED TO ANY BENE FIT ON 7
THE INDIVIDUAL ’S DEATH. 8
PRINTED NAME OF WITNESS 1 ______________________________ 9
SIGNATURE OF WITNESS 1 ____________________________ DATE _______________. 10
WITNESS 2 11
(CHECK ONE) 12
_____________ I AM: 13
_____________ I AM NOT: 14
1. A RELATIVE OF THE INDI VIDUAL BY BLOOD , MARRIAGE, OR ADOPTION; 15
OR 16
2. AT THE TIME THE REQUE ST IS SIGNED, ENTITLED TO ANY BENE FIT ON 17
THE INDIVIDUAL ’S DEATH. 18
PRINTED NAME OF WITNESS 2 _______________________________ 19
SIGNATURE OF WITNESS 2 ____________________________ DATE _______________. 20
5–6A–04. 21
(A) (1) WHEN AN ATTENDING PHY SICIAN IS PRESENTED WITH AN 22
INDIVIDUAL’S WRITTEN REQUEST , THE ATTENDING PHYSIC IAN SHALL DETERMINE 23
WHETHER THE INDIVIDU AL: 24
(I) IS A QUALIFIED INDIVI DUAL; 25
(II) HAS MADE AN INFORMED DECISION; AND 26
(III) HAS VOLUNTARILY REQUESTE D AID IN DYING. 27
10 SENATE BILL 926
(2) AN INDIVIDUAL IS NOT A QUALIFIED INDIVIDU AL SOLELY DUE TO 1
AGE, DISABILITY, OR A SPECIFIC ILLNES S. 2
(B) AN ATTENDING PHYSICIA N SHALL ENSURE THAT AN INDIVIDUAL MAKES 3
AN INFORMED DECISION BY INFORMING THE IND IVIDUAL OF: 4
(1) THE INDIVIDUAL’S MEDICAL DIAGNOSIS ; 5
(2) THE INDIVIDUAL’S PROGNOSIS; 6
(3) THE POTENTIAL RISKS A SSOCIATED WITH SELF –ADMINISTERING 7
THE MEDICATION TO BE PRESCRIBED FOR AID I N DYING; 8
(4) THE PROBABLE RESULT O F SELF–ADMINISTERING THE 9
MEDICATION TO BE PRE SCRIBED FOR AID IN D YING; AND 10
(5) ANY FEASIBLE ALTERNAT IVES AND HEALTH CARE TREATMENT 11
OPTIONS, INCLUDING PALLIATIVE CARE AND HOSPICE . 12
(C) SUBJECT TO § 5–6A–06 OF THIS SUBTITLE , IF THE ATTENDING 13
PHYSICIAN DETERMINES THAT AN INDIVIDU AL IS A QUALIFIED IN DIVIDUAL, HAS 14
MADE AN INFORMED DEC ISION, AND HAS VOLUNTARILY REQUESTED AID IN DYI NG, 15
THE ATTENDING PHYSIC IAN SHALL REFER THE INDIVIDUAL TO A CONS ULTING 16
PHYSICIAN TO CARRY O UT THE DUTIES REQUIR ED UNDER § 5–6A–05 OF THIS 17
SUBTITLE. 18
5–6A–05. 19
A CONSULTING PHYSICIAN TO WHOM AN INDIVIDUA L HAS BEEN REFERRED 20
UNDER § 5–6A–04(C) OF THIS SUBTITLE SHA LL: 21
(1) EXAMINE THE INDIVIDUA L AND THE INDIVIDUAL ’S RELEVANT 22
MEDICAL RECORDS ; 23
(2) CONFIRM THE ATTENDING PHYSICIAN’S DIAGNOSIS THAT THE 24
INDIVIDUAL HAS A TERMINAL IL LNESS; 25
(3) IF REQUIRED UNDER § 5–6A–06 OF THIS SUBTITLE , REFER THE 26
INDIVIDUAL FOR A MEN TAL HEALTH PROFESSIO NAL ASSESSMENT ; 27
(4) VERIFY THAT THE INDIV IDUAL IS A QUALIFIED INDIVIDUAL, HAS 28
MADE AN INFORMED DEC ISION, AND HAS VOLUNTARILY REQUESTE D AID IN DYING; 29
AND 30
SENATE BILL 926 11
(5) DOCUMENT THE FULFILLM ENT OF THE CONSULTIN G PHYSICIAN’S 1
DUTIES UNDER THIS SE CTION IN WRITING . 2
5–6A–06. 3
(A) IF, IN THE MEDICAL OPINI ON OF THE ATTENDING PHYSICIAN OR THE 4
CONSULTING PHYSICIAN , AN INDIVIDUAL MAY BE SUFFERING FROM A CONDITION 5
THAT IS CAUSING IMPA IRED JUDGMENT OR OTH ERWISE DOES NOT HAVE THE 6
CAPACITY TO MAKE MED ICAL DECISIONS , THE ATTENDING PHYSIC IAN OR THE 7
CONSULTING PHYSICIAN SHALL REFER THE INDI VIDUAL TO A LICENSED MENTAL 8
HEALTH PROFESSIONAL FOR A MENTAL HEALTH PROF ESSIONAL ASSESSMENT . 9
(B) IF AN INDIVIDUAL IS R EFERRED FOR A MENTAL HEALTH PROFESSIONAL 10
ASSESSMENT UNDER SUB SECTION (A) OF THIS SECTION, AN ATTENDING PHYSICI AN 11
MAY NOT PROVIDE THE INDIVIDUAL MEDICATIO N FOR AID IN DYING U NTIL THE 12
LICENSED MENTAL HEALTH PRO FESSIONAL PROVIDING THE MENTAL HEALTH 13
PROFESSIONAL ASSESSM ENT: 14
(1) DETERMINES THAT THE I NDIVIDUAL HAS THE CA PACITY TO MAKE 15
MEDICAL DECISIONS AN D IS NOT SUFFERING F ROM A CONDITION THAT IS CAUSING 16
IMPAIRED JUDGMENT ; AND 17
(2) COMMUNIC ATES THIS DETERMINAT ION TO THE ATTENDING 18
PHYSICIAN AND THE CO NSULTING PHYSICIAN I N WRITING. 19
5–6A–07. 20
(A) AFTER THE ATTENDING P HYSICIAN AND THE CON SULTING PHYSICIAN 21
HAVE FULFILLED THE R EQUIREMENTS UNDER §§ 5–6A–04 AND 5–6A–05 OF THIS 22
SUBTITLE, AND AFTER THE QUALIFIED INDIVI DUAL SUBMITS A SECON D ORAL 23
REQUEST FOR AID IN D YING, AS REQUIRED UNDER § 5–6A–02 OF THIS SUBTITLE , 24
THE ATTENDING PHYSIC IAN SHALL: 25
(1) INFORM THE QUALIFIED INDIVIDUAL THAT IT I S THE DECISION OF 26
THE QUALIFIED INDIVI DUAL AS TO WHETHER A ND WHEN TO SELF –ADMINISTER THE 27
MEDICATION PRESCRIBE D FOR AID IN DYING; 28
(2) (I) INFORM THE QUALIFIED INDIVIDUAL THAT THE QUALIFIED 29
INDIVIDUAL MAY WISH TO NOTIFY NEXT OF KI N OF THE REQUEST FOR AID IN DYING; 30
AND 31
(II) INFORM THE QUALIFIED INDIVIDUAL THA T A FAILURE TO 32
NOTIFY NEXT OF KIN I S NOT A BASIS FOR DE NIAL OF THE REQUEST FOR AID IN 33
DYING; 34 12 SENATE BILL 926
(3) COUNSEL THE QUALIFIED INDIVIDUAL CONCERNIN G THE 1
IMPORTANCE OF : 2
(I) HAVING ANOTHER INDIVI DUAL PRESENT WHEN TH E 3
QUALIFIED INDIVIDUAL SELF–ADMINISTERS THE MEDICATION PRESCRIBE D FOR 4
AID IN DYING; 5
(II) NOT TAKING THE MEDICA TION IN A PUBLIC PLA CE; AND 6
(III) PARTICIPATING IN A HO SPICE PROGRAM ; 7
(4) ENCOURAGE THE QUALIFI ED INDIVIDUAL TO PRE PARE AN 8
ADVANCE DIRECTIVE ; 9
(5) CONFIRM THAT THE QUAL IFIED INDIVIDUAL’S REQUEST DOES 10
NOT ARISE FROM COERC ION OR UNDUE INFLUEN CE BY ANOTHER INDIVI DUAL BY 11
DISCUSSING WITH THE QUALIFIED INDIVIDUAL , OUTSIDE THE PRESENCE OF ANY 12
OTHER INDIVIDUAL EXC EPT FOR AN INTERPRET ER, WHETHER THE QUALIFIE D 13
INDIVIDUAL IS FEELIN G COERCED OR UNDULY INFLUENCED BY ANOTHER 14
INDIVIDUAL; 15
(6) INFORM THE QUALIFIED INDIVIDUAL THAT THE QUALIFIED 16
INDIVIDUAL MAY RESCI ND THE REQUEST FOR A ID IN DYING AT ANY TIME AND IN ANY 17
MANNER; 18
(7) VERIFY, IMMEDIATELY BEFORE W RITING THE PRESCRIPT ION FOR 19
MEDICATION FOR AID IN DYING , THAT THE QUALIFIED I NDIVIDUAL IS MAKING AN 20
INFORMED DECISION ; 21
(8) FULFILL THE DOCUMENTA TION REQUIREMENTS ES TABLISHED 22
UNDER § 5–6A–08 OF THIS SUBTITLE; AND 23
(9) (I) IF THE ATTENDING PHYS ICIAN HOLDS A DISPEN SING 24
PERMIT FROM THE STATE BOARD OF PHYSICIANS AND WISHES TO DISPENSE THE 25
MEDICATION, DISPENSE TO THE QUAL IFIED INDIVIDUAL: 26
1. THE PRESCRIBED MEDICA TION FOR AID IN DYIN G; 27
AND 28
2. ANY ANCILLARY MEDICAT IONS NEEDED TO MINIM IZE 29
THE QUALIFIED INDIVI DUAL’S DISCOMFORT ; OR 30
(II) IF THE ATTENDING PHYS ICIAN DOES NOT HOLD A 31 SENATE BILL 926 13
DISPENSING PERMIT OR DOES NOT WISH TO DIS PENSE THE MEDICATION FOR AID IN 1
DYING, AND THE QUALIFIED IN DIVIDUAL REQUESTS AN D PROVIDES WRITTEN 2
CONSENT FOR THE MEDI CATION FOR AID IN DY ING TO BE DISPENSED BY A 3
PHARMACIST: 4
1. CONTACT A PHARMACIST ; 5
2. INFORM THE PHARMACIST OF THE PRESCRIPTION 6
FOR MEDICATION FOR A ID IN DYING; AND 7
3. SUBMIT THE PRESCRIPTI ON FOR MEDICATION FO R 8
AID IN DYING TO THE PHARMACIST BY ANY ME ANS AUTHORIZED BY LA W. 9
(B) (1) A PHARMACIST WHO HAS B EEN CONTACTED AND IN FORMED BY AN 10
ATTENDING PHYSICIAN AND TO WHOM AN ATTEN DING PHYSICIAN HAS S UBMITTED A 11
PRESCRIPTION FOR MED ICATION FOR AID IN D YING IN ACCORDANCE W ITH THE 12
REQUIREMENTS OF SUBS ECTION (A) OF THIS SECTION MAY DISPENSE THE 13
MEDICATION FOR AID I N DYING AND ANY ANCI LLARY MEDICATION ONL Y TO THE 14
QUALIFIED INDIVIDUAL , THE ATTENDING PHYSIC IAN, OR AN EXPRESSLY IDEN TIFIED 15
AGENT OF THE QUALIFI ED INDIVIDUAL. 16
(2) IF A PHARMACIST WHO H AS BEEN CONTACTED UN DER 17
SUBSECTION (A)(9)(II) OF THIS SECTION DOES NOT WISH TO OR IS UNABLE TO 18
DISPENSE THE MEDICAT ION FOR AID IN DYING OR ANY ANCILLARY MED ICATION, 19
THE PHARMACIST SHALL NOTIFY THE QUALIFIED INDIVIDUAL, THE ATTENDING 20
PHYSICIAN, AND ANY EXPRESSLY ID ENTIFIED AGENT OF TH E QUALIFIED 21
INDIVIDUAL THAT THE PHARMACIST DOES NOT WISH TO OR IS UNABLE TO DISPENS E 22
THE MEDICATION . 23
(C) IF A QUALIFIED INDIVI DUAL SELF–ADMINISTERS MEDICATI ON FOR AID 24
IN DYING AND DIES , THE ATTENDING PHYSIC IAN MAY SIGN THE QUA LIFIED 25
INDIVIDUAL’S DEATH CERTIFICATE . 26
5–6A–08. 27
(A) WITH RESPECT TO A REQ UEST BY A QUALIFIED INDIVIDUAL FOR AID I N 28
DYING, THE ATTENDING PHYSIC IAN SHALL ENSURE THA T THE MEDICAL RECORD OF 29
THE QUALIFIED INDIVI DUAL DOCUMENTS OR CO NTAINS: 30
(1) THE BASIS FOR DETERMI NING THAT THE QUALIF IED INDIVIDUAL 31
IS AN ADULT; 32
(2) ALL ORAL AND WRITTEN REQUESTS BY THE QUAL IFIED 33
INDIVIDUAL FOR MEDIC ATION FOR AID IN DYI NG; 34 14 SENATE BILL 926
(3) THE ATTENDING PHYSICI AN’S: 1
(I) DIAGNOSIS OF THE QUAL IFIED INDIVIDUAL ’S TERMINAL 2
ILLNESS AND PROGNOSI S; AND 3
(II) DETERMINATION THAT TH E QUALIFIED INDIVIDUAL HAS 4
THE CAPACITY TO MAKE MEDICAL DECISIONS , HAS MADE AN INFORMED DECISION, 5
AND HAS VOLUNTARILY REQUESTED AID IN DYI NG; 6
(4) DOCUMENTATION THAT TH E CONSULTING PHYSICI AN HAS 7
FULFILLED THE CONSUL TING PHYSICIAN ’S DUTIES UNDER § 5–6A–05 OF THIS 8
SUBTITLE; 9
(5) A REPORT OF THE OUTCOM E OF AND DETERMINATI ONS MADE 10
DURING THE MENTAL HE ALTH PROFESSIONAL AS SESSMENT IF: 11
(I) THE QUALIFIED INDIVID UAL WAS REFERRED FOR A MENTAL 12
HEALTH PROFESSIONAL ASSESSMENT IN ACCORD ANCE WITH § 5–6A–06 OF THIS 13
SUBTITLE; AND 14
(II) THE MENTAL HEALTH PRO FESSIONAL ASSESSMENT WAS 15
PROVIDED; 16
(6) DOCUMENTATION OF THE ATTENDING PHYSICIAN ’S OFFER TO 17
THE QUALIFIED INDIVI DUAL TO RESCIND THE QUALIFIED INDIVIDUAL ’S REQUEST 18
FOR MEDICATION FOR A ID IN DYING AT THE T IME THE ATTENDING PH YSICIAN 19
WROTE THE PRESCRIPTI ON FOR THE MEDICATIO N FOR THE QUALIFIED INDIVIDUAL; 20
AND 21
(7) A STATEMENT BY THE ATT ENDING PHY SICIAN: 22
(I) INDICATING THAT ALL R EQUIREMENTS FOR AID IN DYING 23
UNDER THIS SUBTITLE HAVE BEEN MET ; AND 24
(II) SPECIFYING THE STEPS TAKEN TO CARRY OUT T HE 25
QUALIFIED INDIVIDUAL ’S REQUEST FOR AID IN DYING, INCLUDING THE MEDICA TION 26
PRESCRIBED FOR AID I N DYING. 27
(B) THE ATTENDING PHYSICI AN SHALL SUBMIT TO T HE DEPARTMENT ANY 28
INFORMATION REGARDIN G IMPLEMENTATION OF THIS SUBTITLE REQUIR ED BY 29
REGULATIONS ADOPTED UNDER § 5–6A–09(A) OF THIS SUBTITLE. 30
5–6A–09. 31 SENATE BILL 926 15
(A) THE DEPARTMENT SHALL ADOP T REGULATIONS TO FAC ILITATE THE 1
COLLECTION OF INFORM ATION UNDER § 5–6A–08(B) OF THIS SUBTITLE. 2
(B) THE DEPARTMENT SHALL PROD UCE AND MAKE AVAILAB LE TO THE 3
PUBLIC AN ANNUAL STA TISTICAL REPORT OF I NFORMATION COLLECTED UNDER 4
SUBSECTION (A) OF THIS SECTION. 5
(C) RECORDS OR INFORMATION COLLECTE D OR MAINTAINED UNDE R THIS 6
SUBTITLE ARE NOT SUB JECT TO SUBPOENA OR DISCOVERY AND MAY NO T BE 7
INTRODUCED INTO EVID ENCE IN ANY JUDICIAL OR ADMINISTRATIVE PR OCEEDING, 8
EXCEPT TO RESOLVE MA TTERS CONCERNING COM PLIANCE WITH THIS SU BTITLE OR 9
AS OTHERWISE SPECIFICAL LY PROVIDED BY LAW . 10
5–6A–10. 11
A PERSON THAT , AFTER A QUALIFIED IN DIVIDUAL’S DEATH, IS IN POSSESSION 12
OF MEDICATION PRESCR IBED FOR AID IN DYIN G THAT HAS NOT BEEN 13
SELF–ADMINISTERED SHALL D ISPOSE OF THE MEDICA TION IN A LAWFUL MAN NER. 14
5–6A–11. 15
(A) FOR ALL LEGAL RIGHTS AND OBLIGATIONS , RECORD–KEEPING 16
PURPOSES, AND OTHER PURPOSES G OVERNED BY THE LAWS OF THE STATE, 17
WHETHER CONTRACTUAL , CIVIL, CRIMINAL, OR OTHERWISE , THE DEATH OF A 18
QUALIFIED INDIVIDUAL BY REASON OF THE SEL F–ADMINISTRATION OF MEDICATION 19
PRESCRIBED UNDER THI S SUBTITLE SHALL BE DEEMED TO BE A DEATH FROM 20
NATURAL CAUSES , SPECIFICALLY AS A RE SULT OF THE TERMINAL ILLNESS FROM 21
WHICH THE QUALIFIED INDIVIDUAL SUFFERED . 22
(B) A PROVISION IN A CONTR ACT OR ANY OTHER LEG AL INSTRUMENT TH AT 23
IS CONTRARY TO SUBSE CTION (A) OF THIS SECTION IS V OID. 24
(C) SUBSECTION (A) OF THIS SECTION MAY NOT BE CONSTRUED TO 25
PROHIBIT THE PROSECU TION OF A PERSON FOR MURDER OR ATTEMPTED MURDER 26
IF THE PERSON , WITH THE INTENT OR E FFECT OF CAUSING THE INDIVIDUAL’S 27
DEATH: 28
(1) WILLFULLY ALTERS OR F ORGES A REQUEST FOR AID IN DYING; 29
(2) CONCEALS OR DESTROYS A RESCISSION OF A RE QUEST FOR AID IN 30
DYING; 31
(3) COERCES OR EXERTS UND UE INFLUENCE ON AN I NDIVIDUAL TO 32 16 SENATE BILL 926
COMPLETE A REQUEST F OR AID IN DYING; OR 1
(4) COERCES OR EXERTS UNDUE INFL UENCE ON AN INDIVIDU AL TO 2
DESTROY A RESCISSION OF A REQUEST FOR AID IN DYING. 3
(D) (1) THIS SUBTITLE DOES NO T AUTHORIZE A LICENS ED PHYSICIAN OR 4
ANY OTHER PERSON TO END AN INDIVIDUAL ’S LIFE BY LETHAL INJ ECTION, MERCY 5
KILLING, OR ACTIVE EUTHANASIA. 6
(2) ACTIONS TAKEN IN ACCO RDANCE WITH THIS SUB TITLE DO NOT, 7
FOR ANY PURPOSE , CONSTITUTE SUICIDE , ASSISTED SUICIDE , MERCY KILLING , OR 8
HOMICIDE. 9
5–6A–12. 10
(A) A PROVISION IN A STATE OR FEDERAL INSURANCE POLICY, AN ANNUITY, 11
A CONTRACT, OR ANY OTHER AGREEME NT, ISSUED OR MADE ON OR AFTER OCTOBER 12
1, 2025, IS NOT VALID TO THE EXTENT THAT THE PROV ISION WOULD ATTACH 13
CONSEQUENCES TO OR O THERWISE RESTRICT OR INFLUENCE AN INDIVID UAL’S 14
DECISION TO MAKE OR RESCIND A REQUEST FOR AID IN D YING UNDER THIS 15
SUBTITLE. 16
(B) AN OBLIGATION UNDER A CONTRACT EXISTING ON OCTOBER 1, 2025, 17
MAY NOT BE CONDITION ED ON OR AFFECTED BY THE MAKING OR RESCIN DING OF A 18
REQUEST FOR AID IN D YING UNDER THIS SUBT ITLE. 19
(C) A QUALIFIED INDIVIDU AL’S ACT OF SELF–ADMINISTERING MEDICA TION 20
FOR AID IN DYING MAY NOT HAVE AN EFFECT U NDER A LIFE INSURANC E POLICY, A 21
HEALTH INSURANCE POL ICY OR CONTRACT , OR AN ANNUITY CONTRA CT THAT 22
DIFFERS FROM THE EFF ECT UNDER THE POLICY OR CONTRACT OF THE Q UALIFIED 23
INDIVIDUAL’S DEATH FROM NATURAL CAUSES. 24
5–6A–13. 25
(A) EXCEPT AS PROVIDED IN § 5–6A–14(C) OF THIS SUBTITLE: 26
(1) A PERSON MAY NOT BE SU BJECT TO CIVIL OR CR IMINAL LIABILITY 27
OR PROFESSIONAL DISC IPLINARY ACTION FOR PARTICIPATING IN GOO D FAITH 28
COMPLIANCE WITH THIS SUBTITLE, INCLUDING BEING PRES ENT WHEN A QUALIFIED 29
INDIVIDUAL SELF –ADMINISTERS MEDICATI ON PRESCRIBED FOR AI D IN DYING; AND 30
(2) A HEALTH CARE PROVIDER OR A HEALTH OCCUPATI ONS BOARD 31
MAY NOT SUBJECT A PE RSON TO CENSURE , DISCIPLINE, SUSPENSION, LOSS OF 32
LICENSE, LOSS OF PRIVILEGES , LOSS OF MEMBERSHIP , OR ANY OTHER PENALTY FOR 33 SENATE BILL 926 17
PARTICIPATING OR REF USING TO PARTICIPATE IN GOOD FAITH COMPLIANCE WIT H 1
THIS SUBTITLE. 2
(B) AN INDIVIDUAL’S REQUEST FOR AID IN DYING OR AN ATTENDIN G 3
PHYSICIAN’S PRESCRIPTION OF MEDICATION MADE IN G OOD FAITH COMPLIANCE 4
WITH THIS SUBTITLE D OES NOT: 5
(1) CONSTITUTE NEGLECT FO R ANY PURPOSE OF LAW ; OR 6
(2) PROVIDE THE SOLE BASI S FOR THE APPOINTMEN T OF A 7
GUARDIAN OR CONSERVA TOR. 8
5–6A–14. 9
(A) (1) IN THIS SECTION THE F OLLOWING WO RDS HAVE THE MEANING S 10
INDICATED. 11
(2) “NOTIFY” MEANS TO PROVIDE A S EPARATE STATEMENT IN 12
WRITING TO A HEALTH CARE PROVIDER SPECIF ICALLY INFORMING THE HEALTH 13
CARE PROVIDER , BEFORE THE HEALTH CA RE PROVIDER’S PARTICIPATION IN A ID IN 14
DYING, OF A HEALTH CARE F ACILITY’S POLICY ABOUT PARTI CIPATION IN AID IN 15
DYING. 16
(3) (I) “PARTICIPATE IN AID IN DYING” MEANS TO PERFORM THE 17
DUTIES OF AN ATTENDI NG PHYSICIAN, A CONSULTING PHYSICI AN, OR A LICENSED 18
MENTAL HEALTH PROFES SIONAL UNDER THIS SU BTITLE. 19
(II) “PARTICIPATE IN AID IN DYING” DOES NOT INCLUDE : 20
1. MAKING AN INITIAL DET ERMINATION THAT AN 21
INDIVIDUAL HAS A TER MINAL ILLNESS AND IN FORMING THE INDIVIDU AL OF THE 22
MEDICAL PROGNOSIS ; 23
2. PROVIDING INFORMATION ABOUT THIS SUBTITLE TO 24
AN INDIVIDUAL ON THE REQUEST OF THE INDIVIDUAL ; OR 25
3. PROVIDING AN INDIVIDU AL, ON REQUEST OF THE 26
INDIVIDUAL, WITH A REFERRAL TO A NOTHER PHYSICIAN . 27
(B) (1) A HEALTH CARE FACILITY MAY PROHIBIT A HEALT H CARE 28
PROVIDER FROM PARTIC IPATING IN AID IN DY ING UNDER THIS SUBTI TLE ON THE 29
PREMISES OF THE PROHIB ITING HEALTH CARE FA CILITY IF THE PROHIB ITING 30
HEALTH CARE FACILITY HAS NOTIFIED ALL HEA LTH CARE PROVIDERS W ITH 31
PRIVILEGES TO PRACTI CE ON THE PREMISES O F THE PROHIBITING HE ALTH CARE 32 18 SENATE BILL 926
FACILITY’S POLICY REGARDING P ARTICIPATING IN AID IN DYING. 1
(2) THIS SUBSECTION DOES NOT PROHIBIT A HEALT H CARE 2
PROVIDER FROM PROVID ING HEALTH CARE SERV ICES THAT DO NOT CON STITUTE 3
PARTICIPATING IN AID IN DYING UNDER THIS SUBTITLE TO AN INDIV IDUAL. 4
(C) A HEALTH CARE FACILITY MAY SUBJECT A HEALTH CARE PROVID ER TO 5
THE FOLLOWING SANCTI ONS IF THE SANCTIONI NG HEALTH CARE FACIL ITY HAS 6
NOTIFIED THE SANCTIO NED HEALTH CARE PROV IDER, BEFORE THE SANCTIONE D 7
HEALTH CARE PROVIDER PARTICIPATES IN AID IN DYING, THAT THE SANCTIONING 8
HEALTH CARE FACILITY PROHIBITS PARTICIPAT ION IN AID IN DYING: 9
(1) LOSS OF PRIVILEGES , LOSS OF MEMBERSHIP , OR OTHER 10
SANCTIONS PROVIDED U NDER THE MEDICAL STA FF BYLAWS, POLICIES, AND 11
PROCEDURES OF THE SA NCTIONING HEALTH CAR E FACILITY IF THE SA NCTIONED 12
HEALTH CARE PROVIDER IS A MEMBER OF THE S ANCTIONING HEALTH CARE 13
FACILITY’S MEDICAL STAFF AND PARTICIPATES IN AID IN DYING WHILE ON TH E 14
PREMISES OF THE SANC TIONING HEALTH CARE FACILITY; 15
(2) TERMINATION OF A LEAS E OR ANY OTHER PROPE RTY CONTRACT 16
OR OTHER NONMONETARY REMEDIES PROVIDED BY A LEASE OR OTHER PROPERTY 17
CONTRACT, NOT INCLUDING LOSS O R RESTRICTION OF MED ICAL STAFF PRIVILEGE S 18
OR EXCLUSION FROM A PROVIDER PANEL , IF THE SANCTIONED HE ALTH CARE 19
PROVIDER PARTICIPATE S IN AID IN DYING WH ILE ON THE PREMISES OF THE 20
SANCTIONING HEALTH C ARE FACILITY OR ON PROPERTY THAT IS OWNED BY OR 21
UNDER THE DIRECT CON TROL OF THE SANCTION ING HEALTH CARE FACI LITY; OR 22
(3) TERMINATION OF A CONT RACT OR OTHER NONMON ETARY 23
REMEDIES PROVIDED BY A CONTRACT IF THE SA NCTIONED HEALTH CARE PROVIDER 24
PARTICIPATES IN AID IN DYING WHILE ACTING IN THE C OURSE AND SCOPE OF T HE 25
SANCTIONED HEALTH CA RE PROVIDER ’S CAPACITY AS AN EMP LOYEE OR 26
INDEPENDENT CONTRACT OR OF THE SANCTIONIN G HEALTH CARE FACILI TY. 27
(D) SUBSECTION (B) OF THIS SECTION DOES NOT PROHIBIT: 28
(1) A HEALTH CARE PROVIDER FROM PARTICIPATING IN AID IN 29
DYING: 30
(I) WHILE ACTING OUTSIDE THE COURSE AND SCOPE OF THE 31
HEALTH CARE PROVIDER ’S CAPACITY AS AN EMP LOYEE OR INDEPENDENT 32
CONTRACTOR OF THE SA NCTIONING HEALTH CAR E FACILITY; OR 33
(II) OFF THE PREMISES OF T HE SANCTIONING HEA LTH CARE 34
FACILITY OR OFF ANY PROPERTY THAT IS OWN ED BY OR UNDER THE D IRECT 35 SENATE BILL 926 19
CONTROL OF THE SANCT IONING HEALTH CARE F ACILITY; OR 1
(2) AN INDIVIDUAL FROM CO NTRACTING WITH THE I NDIVIDUAL’S 2
ATTENDING PHYSICIAN OR CONSULTING PHYSIC IAN TO ACT OUTSIDE T HE COURSE 3
AND SCOPE OF THE ATT ENDING PHYSICIAN ’S OR CONSULTING PHYS ICIAN’S 4
CAPACITY AS AN EMPLO YEE OR INDEPENDENT C ONTRACTOR OF THE SAN CTIONING 5
HEALTH CARE FACILITY . 6
5–6A–15. 7
(A) (1) PARTICIPATION BY A HE ALTH CARE PROVIDER I N AID IN DYING 8
UNDER THIS SUBTITLE IS VOLUNTARY . 9
(2) A HEALTH CARE FACILITY MAY NOT REQUIRE THE PHYSICIANS ON 10
THE MEDICAL STAFF OF THE HEALTH CARE FACI LITY TO PARTICIPATE IN AID IN 11
DYING. 12
(B) IF AN INDIVIDUAL REQU ESTS OR INDICATES AN INTEREST IN AID IN 13
DYING AND THE ATTEND ING PHYSICIAN OF THE INDIVIDUAL DOES NOT WISH TO 14
PARTICIPATE IN AID I N DYING, THE ATTENDING PHYSIC IAN SHALL INFORM THE 15
INDIVIDUAL THAT THE ATTENDING PHYSICIAN DOES NOT WISH TO PAR TICIPATE. 16
(C) ON REQUEST , AN ATTENDING PHYSICI AN EXPEDITIOUSLY SHA LL 17
TRANSFER A COPY OF A N INDIVIDUAL’S RELEVANT MEDICAL R ECORDS TO ANOTHER 18
ATTENDING PHYSICIAN IF: 19
(1) THE INDIVIDUAL REQUES TS OR INDICATES AN I NTEREST IN AID IN 20
DYING; 21
(2) THE ORIGINAL ATTENDIN G PHYSICIAN IS UNABL E OR UNWILLING 22
TO PARTICIPATE IN AI D IN DYING FOR THE I NDIVIDUAL; AND 23
(3) THE INDIVIDUAL TRANSF ERS THE INDIVIDUAL ’S CARE TO 24
ANOTHER ATTENDING PH YSICIAN. 25
(D) A HEALTH CARE FACILITY MAY ADOPT WRITTEN PO LICIES PROHIBITING 26
A LICENSED PHYSICIAN ASSOCIATED WITH THE HEALTH CARE FACILITY FROM 27
PARTICIPATING IN AID IN DYING, IN ACCORDANCE WITH § 5–6A–14 OF THIS 28
SUBTITLE. 29
5–6A–16. 30
(A) A HEALTH CARE PROVIDER ACTING WITHIN THE SC OPE OF THE HEALTH 31
CARE PROVIDER’S LICENSE OR CERTIFICATION AND IN COMPLIANCE WI TH THIS 32 20 SENATE BILL 926
SUBTITLE SHALL BE DEEMED TO B E ACTING WITHIN THE ST ANDARD OF CARE OF TH E 1
PROVIDER’S LICENSE OR CERTIFICATION . 2
(B) THIS SUBTITLE DOES NOT EXEMPT A HEALTH CARE PROVIDER FROM 3
MEETING THE MEDICAL STANDARDS OF CARE FO R AN INDIVIDUAL ’S MEDICAL 4
TREATMENT . 5
5–6A–17. 6
(A) AN INDIVIDUAL WHO WILLFULLY ALTERS OR FORGES A WRITTEN 7
REQUEST MADE UNDER §§ 5–6A–02 AND 5–6A–03 OF THIS SUBTITLE OR CONCEALS 8
OR DESTROYS A RESCIS SION OF AN INDIVIDUA L’S WRITTEN REQUEST WI THOUT THE 9
AUTHORIZATION OF THE INDIVIDUAL AND WITH THE INTENT OR EFFECT OF CAUSING 10
THE INDIVIDUAL’S DEATH IS GUILTY OF A FELONY AND ON CONV ICTION IS SUBJECT 11
TO IMPRISONMENT NOT EXCEEDING 10 YEARS OR A FINE NOT EXCEEDING $10,000 12
OR BOTH. 13
(B) AN INDIVIDUAL WHO COE RCES OR EXERTS UNDUE INFLUENCE ON AN 14
INDIVIDUAL TO MAKE A WRITTEN REQUEST UNDER §§ 5–6A–02 AND 5–6A–03 OF 15
THIS SUBTITLE FOR TH E PURPOSE OF ENDING THE INDIVIDUAL ’S LIFE OR TO 16
DESTROY A RESCISSION OF A WRITTEN REQUEST IS GUILTY OF A FELON Y AND ON 17
CONVICTION IS SUBJEC T TO IMPRISONMENT NO T EXCEEDING 10 YEARS OR A FINE 18
NOT EXCEEDING $10,000 OR BOTH. 19
(C) A SENTENCE IMPOSED UND ER THIS SECTION MAY BE IMPOSED 20
SEPARATE FROM AND CO NSECUTIVE TO OR CONC URRENT WITH A SENTEN CE FOR 21
ANY CRIME BASED ON T HE ACT ESTABLISHING THE VIOLATION OF THI S SECTION. 22
(D) THIS SUBTITLE DOES NO T LIMIT ANY LIA BILITY FOR CIVIL DAM AGES 23
RESULTING FROM ANY O THER NEGLIGENT CONDU CT OR INTENTIONAL MI SCONDUCT 24
BY ANY PERSON . 25
Article – Insurance 26
27–208.1. 27
(A) FOR ALL LEGAL RIGHTS AND OBLIGATIONS AND OTHER PURPOSES 28
GOVERNED BY THIS ART ICLE, THE DEATH OF AN INDI VIDUAL BY REASON OF THE 29
SELF–ADMINISTRATION OF ME DICATION PRESCRIBED UNDER TITLE 5, SUBTITLE 30
6A OF THE HEALTH – GENERAL ARTICLE SHALL BE DEEM ED TO BE A DEATH FRO M 31
NATURAL CAUSES , SPECIFICALLY AS A RE SULT OF THE TERMINAL ILLNESS FROM 32
WHICH THE INDIVIDUAL SUFFERED. 33
(B) ACTIONS TAKEN IN ACCO RDANCE WITH TITLE 5, SUBTITLE 6A OF THE 34 SENATE BILL 926 21
HEALTH – GENERAL ARTICLE DO NOT , FOR ANY PURPOSE , CONSTITUTE SUICIDE , 1
ASSISTED SUICIDE , MERCY KILLING , OR HOMICIDE. 2
(C) A PROVISION IN AN INSU RANCE POLICY OR CONT RACT OR AN ANNUITY 3
CONTRACT ISSUED OR DELIVE RED ON OR AFTER OCTOBER 1, 2025, IS NOT VALID TO 4
THE EXTENT THAT THE PROVISION WOULD ATTA CH CONSEQUENCES TO O R 5
OTHERWISE RESTRICT O R INFLUENCE AN INDIV IDUAL’S DECISION TO MAKE O R 6
RESCIND A REQUEST FO R AID IN DYING UNDER TITLE 5, SUBTITLE 6A OF THE 7
HEALTH – GENERAL ARTICLE. 8
(D) AN OBLIGATION UNDER A N INSURANCE POLICY O R CONTRACT OR AN 9
ANNUITY CONTRACT EXI STING ON OCTOBER 1, 2025, MAY NOT BE CONDITION ED ON 10
OR AFFECTED BY THE M AKING OR RESCINDING OF A REQUEST FOR AID IN DYING 11
UNDER TITLE 5, SUBTITLE 6A OF THE HEALTH – GENERAL ARTICLE. 12
(E) THE ACT BY AN INSURED OF SELF–ADMINISTERING MEDICA TION FOR 13
AID IN DYING UNDER TITLE 5, SUBTITLE 6A OF THE HEALTH – GENERAL ARTICLE 14
MAY NOT HAVE AN EFFE CT UNDER A LIFE INSU RANCE POLICY, A HEALTH INSURANC E 15
POLICY OR CONTRACT , OR AN ANNUITY CONTRA CT THAT DIFFERS FROM THE 16
EFFECT UNDER THE POL ICY OR CONTRACT OF T HE INSURED’S OR ANNUITANT ’S 17
DEATH FROM NATURAL C AUSES. 18
SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 19
the application thereof to any person or circumstance is held invalid for any reason in a 20
court of competent jurisdiction, the invalidity does not affect other provisions or any other 21
application of this Act that can be given effect without the invalid provision or application, 22
and for this purpose the provisions of this Act are declared severable. 23
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 24
October 1, 2025. 25