1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session Senate Bill 1003 Sponsored by COMMITTEE ON JUDICIARY SUMMARY The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the measure as introduced.The statement includes a measure digest written in compliance with applicable readability standards. Digest: The Act makes changes to the Oregon Death With Dignity Act. (Flesch Readability Score:72.6). Modifies provisions relating to the Oregon Death With Dignity Act. A BILL FOR AN ACT Relating to death with dignity; creating new provisions; and amending ORS 127.800, 127.805, 127.810, 127.815, 127.820, 127.825, 127.830, 127.835, 127.840, 127.845, 127.850, 127.855, 127.865, 127.870, 127.875, 127.880, 127.885, 127.890, 127.895 and 127.897. Be It Enacted by the People of the State of Oregon: SECTION 1. (1) As used in this section: (a) “Consulting provider” has the meaning given that term in ORS 127.800. (b) “Hospice program” has the meaning given that term in ORS 443.850. (c) “Prescribing provider” has the meaning given that term in ORS 127.800. (2) A hospice program shall publicly disclose its current policy regarding the Oregon Death With Dignity Act, including: (a) Whether a patient receiving services from the hospice program may elect to end the patient’s life as provided under the Oregon Death With Dignity Act; (b) Whether hospice program staff may be present at the time the patient intends to ingest medication to end the patient’s life in accordance with the Oregon Death With Dignity Act;and (c) Whether the hospice program permits its staff, as a function of the staff’s position with the hospice program, to act as a prescribing provider or consulting provider under the Oregon Death With Dignity Act. (3) The notification described in this section must be provided to patients of the hospice program upon admission and posted on the hospice program’s website. SECTION 2. (1) As used in this section, “health care facility” means a facility that pro- vides health care services directly to patients, including but not limited to a hospital, clinic or nursing home. (2) A health care facility, other than a hospice program as defined in ORS 443.850, shall publicly disclose its current policy regarding a patient exercising the patient’s rights under the Oregon Death With Dignity Act. The disclosure must be posted on the health care facility’swebsite. SECTION 3. ORS 127.800 is amended to read: 127.800. [§1.01 Definitions.] Definitions. The following words and phrases, whenever used in NOTE:Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted. New sections are in boldfaced type. LC 2797 SB1003 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 ORS 127.800 to 127.897, have the following meanings: (1) “Adult” means an individual who is 18 years of age or older. [(2) “Attending physician” means the physician who has primary responsibility for the care of the patient and treatment of the patient’s terminal disease.] [(3)] (2) “Capable” means that in the opinion of a court or in the opinion of the patient’s [at- tending physician] prescribing provider [or consulting physician], psychiatrist or psychologist, a patient has the ability to make and communicate health care decisions to health care providers, including communication through persons familiar with the patient’s manner of communicating if those persons are available. [(4)] (3) [“Consulting physician”] “Consulting provider” means a [physician] provider who is qualified by specialty or experience to make a professional diagnosis and prognosis regarding the patient’sdisease. [(5)] (4) “Counseling” means one or more consultations as necessary between a [state licensed] psychiatrist or licensed psychologist and a patient for the purpose of determining that the patient is capable and not suffering from a psychiatric or psychological disorder or depression causing im- paired judgment. [(6)] (5) “Health care provider” means a person licensed, certified or otherwise authorized or permitted by the law of this state to administer health care or dispense medication in the ordinary course of business or practice of a profession, and includes a health care facility. (6) “Hospice care” means hospice services, as defined in ORS 443.850. (7) “Hospice program” has the meaning given that term in ORS 443.850. [(7)] (8) “Informed decision” means a decision by a qualified patient, to request and obtain a prescription to end his or her life in a humane and dignified manner, that is based on an appreci- ation of the relevant facts and after being fully informed by the [attending physician] prescribing providerof: (a) His or her medical diagnosis; (b) His or her prognosis; (c) The potential risks associated with taking the medication to be prescribed; (d) The probable result of taking the medication to be prescribed; and (e) The feasible alternatives, including, but not limited to, comfort care, hospice care and pain control. [(8)] (9) “Medically confirmed” means the medical opinion of the [attending physician] pre- scribing provider has been confirmed by a consulting provider. [physician who has examined the patient and the patient’s relevant medical records.] [(9)] (10) “Patient” means a person who is under the care of a [physician] provider. [(10) “Physician” means a doctor licensed to practice medicine under ORS 677.100 to 677.228.] (11) “Prescribing provider” means the provider who has primary responsibility for the care of the patient under the Death With Dignity Act. (12) “Provider” means: (a) A physician licensed under ORS 677.100 to 677.228; (b) A physician assistant licensed under ORS 677.505 to 677.525; and (c) A nurse practitioner licensed under ORS 678.375 to 678.390. [(11)] (13) “Qualified patient” means a capable adult who has satisfied the requirements of ORS 127.800 to 127.897 in order to obtain a prescription for medication to end his or her life in a humane and dignified manner. [2] SB1003 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 [(12)] (14) “Terminal disease” means [an incurable and irreversible disease] a terminal illness that has been medically confirmed and will, within reasonable medical judgment, produce death within six months. SECTION 4. ORS 127.805 is amended to read: 127.805. [§2.01. Who may initiate a written request for medication.] Who may initiate a written request for medication. (1) An adult who is capable and has been determined by the [attending physician] prescribing provider and consulting [physician] provider to be suffering from a terminal disease, and who has voluntarily expressed his or her wish to die, may make a written request for medication for the purpose of ending his or her life in a humane and dignified manner in accordance with ORS 127.800 to 127.897. (2) No person shall qualify under the provisions of ORS 127.800 to 127.897 solely because of age or disability. SECTION 5. ORS 127.810 is amended to read: 127.810. [§2.02. Form of the written request.] Form of the written request. (1) A valid request for medication under ORS 127.800 to 127.897 shall be in substantially the form described in ORS 127.897, signed and dated by the patient and witnessed by at least two individuals who, in the presence of the patient, attest that to the best of their knowledge and belief the patient is capable, acting voluntarily, and is not being coerced to sign the request. (2) One of the witnesses shall be a person who is not: (a) A relative of the patient by blood, marriage or adoption; or (b) A person who at the time the request is signed would be entitled to any portion of the estate of the qualified patient upon death under any will or by operation of law.[; or] [(c) An owner, operator or employee of a health care facility where the qualified patient is receiving medical treatment or is a resident.] (3) The patient’s [attending physician] prescribing provider at the time the request is signed shall not be a witness. [(4) If the patient is a patient in a long term care facility at the time the written request is made, one of the witnesses shall be an individual designated by the facility and having the qualifications specified by the Department of Human Services by rule.] SECTION 6. ORS 127.815 is amended to read: 127.815. [§3.01. Attending physician responsibilities.] Prescribing provider responsibilities. (1) The [attending physician] prescribing provider shall: (a) Make the initial determination of whether a patient has a terminal disease[,] and shall make the determination of whether a patient is capable[,] and has made the request voluntarily; (b) To ensure that the patient is making an informed decision, inform the patient of: (A) His or her medical diagnosis; (B) His or her prognosis; (C) The potential risks associated with taking the medication to be prescribed; (D) The probable result of taking the medication to be prescribed; and (E) The feasible alternatives, including, but not limited to, comfort care, hospice care and pain control; (c) Refer the patient to a consulting [physician] provider for medical confirmation of the diagnosis[, and for a determination that the patient is capable and acting voluntarily]; (d) Refer the patient for counseling if appropriate pursuant to ORS 127.825; (e) Recommend that the patient notify next of kin; [3] SB1003 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 (f) Counsel the patient about the importance of having another person present when the patient takes the medication prescribed pursuant to ORS 127.800 to 127.897 and of not taking the medication in a public place; (g) Inform the patient that he or she has an opportunity to rescind the request at any time and in any manner, and offer the patient an opportunity to rescind at the time the patient makes the patient’s second oral request pursuant to ORS 127.840; (h) Verify, immediately prior to writing the prescription for medication under ORS 127.800 to 127.897, that the patient is making an informed decision; (i) Fulfill the medical record documentation requirements of ORS 127.855; (j) Ensure that all appropriate steps are carried out in accordance with ORS 127.800 to 127.897 prior to writing a prescription for medication to enable a qualified patient to end his or her life in a humane and dignified manner; and (k)(A) Dispense medications directly, including ancillary medications intended to facilitate the desired effect to minimize the patient’s discomfort, provided the [attending physician] prescribing provider is registered as a dispensing physician, as defined in ORS 677.010, with the Oregon Medical Board, has a current Drug Enforcement Administration certificate and complies with any applicable administrative rule; or (B) With the patient’s written consent[:] [(i)] contact a pharmacist [and], inform the pharmacist of the prescription[;] and deliver the prescription to the pharmacist in person, by mail, by facsimile or electronically. [(ii) Deliver the written prescription personally or by mail to the pharmacist, who will dispense the medications to either the patient, the attending physician or an expressly identified agent of the patient.] (2) A pharmacist may dispense the medications prescribed by the prescribing provider to either the patient, the prescribing provider or an expressly identified agent of the patient: (a) If the prescribing provider delivers the written prescription personally or by mail to the pharmacist; or (b) If the prescribing provider causes the written prescription to be delivered by facsimile or electronically, after the pharmacist confirms the prescription with the prescribing pro- vider verbally in person or by telephone or other two-way electronic communication device. [(2)] (3) Notwithstanding any other provision of law, the [attending physician] prescribing pro- vider may sign the patient’s report of death. SECTION 7. ORS 127.820 is amended to read: 127.820. [§3.02. Consulting physician confirmation.] Confirmation of diagnosis. Before a patient is qualified under ORS 127.800 to 127.897, [a consulting physician shall examine the patient and his or her relevant medical records and confirm, in writing,] the attending [physician’s] provider’s diag- nosis that the patient is suffering from a terminal disease[, and verify that the patient is capable, is acting voluntarily and has made an informed decision.] must be confirmed by a consulting pro- vider.The consulting provider’s confirmation of the patient’s diagnosis must be documented: (1) In writing after the consulting provider has evaluated the patient and the patient’s relevant medical records; or (2) By reviewing and signing a hospice program’s certification of the patient’s terminal illness. SECTION 8. ORS 127.825 is amended to read: 127.825. [§3.03. Counseling referral.] Counseling referral. If in the opinion of the [attending [4] SB1003 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 physician] prescribing provider or the consulting [physician] provider a patient may be suffering from a psychiatric or psychological disorder or depression causing impaired judgment, either [phy- sician] provider shall refer the patient for counseling. No medication to end a patient’s life in a humane and dignified manner shall be prescribed until the person performing the counseling deter- mines that the patient is not suffering from a psychiatric or psychological disorder or depression causing impaired judgment. SECTION 9. ORS 127.830 is amended to read: 127.830. [§3.04. Informed decision.] Informed decision. No person shall receive a prescription for medication to end his or her life in a humane and dignified manner unless he or she has made an informed decision as defined in ORS 127.800 [(7)] (8).Immediately prior to writing a prescription for medication under ORS 127.800 to 127.897, the [attending physician] prescribing provider shall verify that the patient is making an informed decision. SECTION 10. ORS 127.835 is amended to read: 127.835. [§3.05. Family notification.] Family notification. The [attending physician] prescribing provider shall recommend that the patient notify the next of kin of his or her request for medication pursuant to ORS 127.800 to 127.897. A patient who declines or is unable to notify next of kin shall not have his or her request denied for that reason. SECTION 11. ORS 127.840 is amended to read: 127.840. [§3.06. Written and oral requests.] Written and oral requests. (1) In order to receive a prescription for medication to end his or her life in a humane and dignified manner, a qualified patient shall have made an oral request and a written request, and reiterate the oral request to his or her [attending physician] prescribing provider no less than [15 days] 48 hours after making the initial oral request. (2) Notwithstanding subsection (1) of this section, if the qualified patient’s [attending physician] prescribing provider has medically confirmed that the qualified patient will, within reasonable medical judgment, die within [15 days] 48 hours after making the initial oral request under this section, the qualified patient may reiterate the oral request to his or her [attending physician] pre- scribing provider at any time after making the initial oral request. (3) At the time the qualified patient makes his or her second oral request, the [attending physi- cian] prescribing provider shall offer the patient an opportunity to rescind the request. SECTION 12. ORS 127.845 is amended to read: 127.845. [§3.07. Right to rescind request.] Right to rescind request. A patient may rescind his or her request at any time and in any manner without regard to his or her mental state. No pre- scription for medication under ORS 127.800 to 127.897 may be written without the [attending physi- cian] prescribing provider offering the qualified patient an opportunity to rescind the request. SECTION 13. ORS 127.850 is amended to read: 127.850. [§3.08. Waiting periods.] Waiting periods. (1) No less than [15 days] 48 hours shall elapse between the patient’s initial oral request and the writing of a prescription under ORS 127.800 to 127.897. [No less than 48 hours shall elapse between the patient’s written request and the writing of a prescription under ORS 127.800 to 127.897.] (2) Notwithstanding subsection (1) of this section, if the qualified patient’s [attending physician] prescribing provider has medically confirmed that the qualified patient will, within reasonable medical judgment, die before the expiration [of at least one] of the waiting [periods] period described in subsection (1) of this section, the prescription for medication under ORS 127.800 to 127.897 may be written at any time following the later of the qualified patient’s written request or second oral [5] SB1003 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 request under ORS 127.840. SECTION 14. ORS 127.855 is amended to read: 127.855. [§3.09. Medical record documentation requirements.]Medical record documentation requirements. The following shall be documented or filed in the patient’s medical record: (1) All oral requests by a patient for medication to end his or her life in a humane and dignified manner; (2) All written requests by a patient for medication to end his or her life in a humane and dig- nified manner; (3) The [attending physician’s] prescribing provider’s diagnosis and prognosis, determination that the patient is capable, acting voluntarily and has made an informed decision; (4) The consulting [physician’s] provider’s confirmation of the patient’s diagnosis [and prognosis, and verification that the patient is capable, acting voluntarily and has made an informed decision]; (5) A report of the outcome and determinations made during counseling, if performed; (6) Any medically confirmed certification of the imminence of the patient’s death; (7) The [attending physician’s] prescribing provider’s offer to the patient to rescind his or her request at the time of the patient’s second oral request pursuant to ORS 127.840; and (8) A note by the [attending physician] prescribing provider indicating that all requirements under ORS 127.800 to 127.897 have been met and indicating the steps taken to carry out the request, including a notation of the medication prescribed. SECTION 15. ORS 127.865 is amended to read: 127.865. [§3.11. Reporting requirements.] Reporting requirements. (1)(a) The Oregon Health Authority shall annually review a sample of records maintained pursuant to ORS 127.800 to 127.897. (b) The authority shall require any health care provider upon dispensing medication pursuant to ORS 127.800 to 127.897 to file a copy of the dispensing record with the authority. (2) The authority shall make rules to facilitate the collection of information regarding compli- ance with ORS 127.800 to 127.897. The authority’s rules adopted under this subsection must permit health care providers to file any required records electronically. Except as otherwise required by law, the information collected shall not be a public record and may not be made avail- able for inspection by the public. (3) The authority shall generate and make available to the public an annual statistical report of information collected under subsection (2) of this section. SECTION 16. ORS 127.880 is amended to read: 127.880. [§3.14. Construction of Act.] Construction of Act. Nothing in ORS 127.800 to 127.897 shall be construed to authorize a [physician] provider or any other person to end a patient’s life by lethal injection, mercy killing or active euthanasia. Actions taken in accordance with ORS 127.800 to 127.897 shall not, for any purpose, constitute suicide, assisted suicide, mercy killing or homicide, under the law. SECTION 17. ORS 127.885 is amended to read: 127.885. [§4.01. Immunities.] Immunities. Except as provided in ORS 127.890: (1) No person shall be subject to civil or criminal liability or professional disciplinary action for participating in good faith compliance with ORS 127.800 to 127.897. This includes being present when a qualified patient takes the prescribed medication to end his or her life in a humane and dignifiedmanner. (2) No professional organization or association, or health care provider, may subject a person [6] SB1003 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 to censure, discipline, suspension, loss of license, loss of privileges, loss of membership or other penalty for participating or refusing to participate in good faith compliance with ORS 127.800 to 127.897. (3) No request by a patient for or provision by [an attending physician] a prescribing provider of medication in good faith compliance with the provisions of ORS 127.800 to 127.897 shall constitute neglect for any purpose of law or provide the sole basis for the appointment of a guardian or conservator. (4) No health care provider shall be under any duty, whether by contract, by statute or by any other legal requirement to participate in the provision to a qualified patient of medication to end his or her life in a humane and dignified manner. If a health care provider is unable or unwilling to carry out a patient’s request under ORS 127.800 to 127.897, and the patient transfers his or her care to a new health care provider, the prior health care provider shall transfer, upon request, a copy of the patient’s relevant medical records to the new health care provider. (5)(a) Notwithstanding any other provision of law, a health care provider may prohibit another health care provider from participating in ORS 127.800 to 127.897 on the premises of the prohibiting health care provider if the prohibiting health care provider has notified the health care provider of the prohibiting provider’s policy regarding participating in ORS 127.800 to 127.897. Nothing in this paragraph prevents a health care provider from providing health care services to a patient that do not constitute participation in ORS 127.800 to 127.897. (b) Notwithstanding the provisions of subsections (1) to (4) of this section, a health care provider may subject another health care provider to the sanctions stated in this paragraph if the sanctioning health care provider has notified the sanctioned provider prior to participation in ORS 127.800 to 127.897 that it prohibits participation in ORS 127.800 to 127.897: (A) Loss of privileges, loss of membership or other sanction provided pursuant to the medical staff bylaws, policies and procedures of the sanctioning health care provider if the sanctioned health care provider is a member of the sanctioning health care provider’s medical staff and par- ticipates in ORS 127.800 to 127.897 while on the health care facility premises, as defined in ORS 442.015, of the sanctioning health care provider, but not including the private medical office of a [physician] provider or other [provider] private medical office not owned or operated by the sanctioning health care provider; (B) Termination of lease or other property contract or other nonmonetary remedies provided by lease contract, not including loss or restriction of medical staff privileges or exclusion from a pro- vider panel, if the sanctioned health care provider participates in ORS 127.800 to 127.897 while on the premises of the sanctioning health care provider or on property that is owned by or under the direct control of the sanctioning health care provider; or (C) Termination of contract or other nonmonetary remedies provided by contract if the sanc- tionedhealth care provider participates in ORS 127.800 to 127.897 while acting in the course and scope of the sanctioned health care provider’s capacity as an employee or independent contractor of the sanctioning health care provider. Nothing in this subparagraph shall be construed to prevent: (i) A health care provider from participating in ORS 127.800 to 127.897 while acting outside the course and scope of the health care provider’s capacity as an employee or independent contractor; or (ii) A patient from contracting with his or her [attending physician] prescribing provider or and consulting [physician] provider to act outside the course and scope of the prescribing provider or consulting provider’s capacity as an employee or independent contractor of the sanctioning health [7] SB1003 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 careprovider. (c) A health care provider that imposes sanctions pursuant to paragraph (b) of this subsection must follow all due process and other procedures the sanctioning health care provider may have that are related to the imposition of sanctions on another health care provider. (d) For purposes of this subsection: (A) “Notify” means a separate statement in writing to the health care provider specifically in- forming the health care provider prior to the health care provider’s participation in ORS 127.800 to 127.897 of the sanctioning health care provider’s policy about participation in activities covered by ORS 127.800 to 127.897. (B) “Participate in ORS 127.800 to 127.897” means to perform the duties of an [attending physi- cian] prescribing provider pursuant to ORS 127.815, the consulting [physician] provider function pursuant to ORS 127.820 or the counseling function pursuant to ORS 127.825. “Participate in ORS 127.800 to 127.897” does not include: (i) Making an initial determination that a patient has a terminal disease and informing the pa- tient of the medical prognosis; (ii) Providing information about the Oregon Death with Dignity Act to a patient upon the re- quest of the patient; (iii) Providing a patient, upon the request of the patient, with a referral to another [physician] provider; or (iv) A patient contracting with his or her [attending physician] prescribing provider and con- sulting [physician] provider to act outside of the course and scope of the prescribing provider or consulting provider’s capacity as an employee or independent contractor of the sanctioning health care provider. (6) Suspension or termination of staff membership or privileges under subsection (5) of this sec- tion is not reportable under ORS 441.820. Action taken pursuant to ORS 127.810, 127.815, 127.820 or 127.825 shall not be the sole basis for a report of unprofessional or dishonorable conduct under ORS 677.415 (3), (4), (5) or (6). (7) No provision of ORS 127.800 to 127.897 shall be construed to allow a lower standard of care for patients in the community where the patient is treated or a similar community. SECTION 18. ORS 127.897 is amended to read: 127.897. [§6.01. Form of the request.] Form of the request. A request for a medication as au- thorized by ORS 127.800 to 127.897 shall be in substantially the following form: _______________________________________________________________________________________ REQUEST FOR MEDICATION TO END MY LIFE IN A HUMANE AND DIGNIFIED MANNER I, , am an adult of sound mind. I am suffering from , which my [attending physician] prescribing provider has determined is a terminal disease andwhichhasbeenmedicallyconfirmedbyaconsulting [physician]provider. I have been fully informed of my diagnosis, prognosis, the nature of medication to be prescribed and potential associated risks, the expected result, and the feasible alternatives, including comfort care, hospice care and pain control. [8] SB1003 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 I request that my [attending physician] prescribing provider prescribe medication that will end my life in a humane and dignified manner. INITIAL ONE: I have informed my family of my decision and taken their opinions into consider- ation. I have decided not to inform my family of my decision. I have no family to inform of my decision. I understand that I have the right to rescind this request at any time. I understand the full import of this request and I expect to die when I take the medication to be prescribed. I further understand that although most deaths occur within three hours, my death may take longer and my [physician] provider has counseled me about this possibility. I make this request voluntarily and without reservation, and I accept full moral responsibility for my actions. Signed: Dated: DECLARATION OF WITNESSES We declare that the person signing this request: (a) Is personally known to us or has provided proof of identity; (b) Signed this request in our presence; (c) Appears to be of sound mind and not under duress, fraud or undue influence; (d) Is not a patient for whom either of us is [attending physician] prescribing provider. Witness 1/Date Witness 2/Date NOTE: One witness shall not be a relative (by blood, marriage or adoption) of the person signing this request[,] and shall not be entitled to any portion of the person’s estate upon death [and shall not own, operate or be employed at a health care facility where the person is a patient or resident]. If the patient is an inpatient at a health care facility, one of the witnesses [shall] may be an individual designated by the facility. _______________________________________________________________________________________ SECTION 19. ORS 127.870 is amended to read: 127.870. [§3.12. Effect on construction of wills, contracts and statutes.] Effect on construction of wills, contracts and statutes. (1) No provision in a contract, will or other agreement, whether written or oral, to the extent the provision would affect whether a person may make or rescind a request for medication to end his or her life in a humane and dignified manner, shall be valid. (2) No obligation owing under any currently existing contract shall be conditioned or affected by the making or rescinding of a request, by a person, for medication to end his or her life in a [9] SB1003 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 humane and dignified manner. SECTION 20. ORS 127.875 is amended to read: 127.875. [§3.13. Insurance or annuity policies.] Insurance or annuity policies. The sale, pro- curement, or issuance of any life, health, or accident insurance or annuity policy or the rate charged for any policy shall not be conditioned upon or affected by the making or rescinding of a request, by a person, for medication to end his or her life in a humane and dignified manner. Neither shall a qualified patient’s act of ingesting medication to end his or her life in a humane and dignified manner have an effect upon a life, health, or accident insurance or annuity policy. SECTION 21. ORS 127.890 is amended to read: 127.890. [§4.02. Liabilities.] Liabilities. (1) A person who without authorization of the patient willfully alters or forges a request for medication or conceals or destroys a rescission of that request with the intent or effect of causing the patient’s death shall be guilty of a Class A felony. (2) A person who coerces or exerts undue influence on a patient to request medication for the purpose of ending the patient’s life, or to destroy a rescission of such a request, shall be guilty of a Class A felony. (3) Nothing in ORS 127.800 to 127.897 limits further liability for civil damages resulting from other negligent conduct or intentional misconduct by any person. (4) The penalties in ORS 127.800 to 127.897 do not preclude criminal penalties applicable under other law for conduct which is inconsistent with the provisions of ORS 127.800 to 127.897. SECTION 22. ORS 127.895 is amended to read: 127.895. [§5.01. Severability.] Severability. Any section of ORS 127.800 to 127.897 being held in- valid as to any person or circumstance shall not affect the application of any other section of ORS 127.800 to 127.897 which can be given full effect without the invalid section or application. SECTION 23.The section captions used in this 2025 Act are provided only for the con- venience of the reader and do not become part of the statutory law of this state or express any legislative intent in the enactment of this 2025 Act. SECTION 24.The amendments to ORS 127.800, 127.805, 127.810, 127.815, 127.820, 127.825, 127.830, 127.835, 127.840, 127.845, 127.850, 127.855, 127.865, 127.870, 127.875, 127.880, 127.885, 127.890, 127.895 and 127.897 by sections 3 to 22 of this 2025 Act apply to medication dispensed on or after the effective date of this 2025 Act. [10]