4 | 3 | | |
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5 | 4 | | HOUSE BILL 598 |
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6 | 5 | | By Freeman |
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7 | 6 | | |
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8 | 7 | | |
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9 | 8 | | HB0598 |
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10 | 9 | | 000775 |
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11 | 10 | | - 1 - |
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12 | 11 | | |
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13 | 12 | | AN ACT to amend Tennessee Code Annotated, Title 32; |
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14 | 13 | | Title 39; Title 56; Title 63 and Title 68, relative to |
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15 | 14 | | vulnerable persons. |
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16 | 15 | | |
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17 | 16 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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18 | 17 | | SECTION 1. Tennessee Code Annotated, Title 68, Chapter 11, is amended by adding |
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19 | 18 | | the following language as a new part: |
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20 | 19 | | 68-11-2401. Part definitions. |
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21 | 20 | | As used in this part: |
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22 | 21 | | (1) ''Adult'' means an individual who is eighteen (18) years of age or |
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23 | 22 | | older; |
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24 | 23 | | (2) ''Attending physician'' means the physician who has primary |
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25 | 24 | | responsibility for the care of the patient and treatment of the patient's terminal |
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26 | 25 | | disease; |
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27 | 26 | | (3) ''Capable'' means that in the opinion of a court or in the opinion of the |
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28 | 27 | | patient's attending physician, consulting physician, psychiatrist, or psychologist, a |
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29 | 28 | | patient has the ability to make and communicate healthcare decisions to |
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30 | 29 | | healthcare providers, including communication through persons familiar with the |
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31 | 30 | | patient's manner of communicating if those persons are available; |
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32 | 31 | | (4) ''Consulting physician'' means a physician who is qualified by |
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33 | 32 | | specialty or experience to make a professional diagnosis and prognosis |
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34 | 33 | | regarding the patient's disease; |
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35 | 34 | | (5) ''Counseling'' means one (1) or more consultations as necessary |
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36 | 35 | | between a psychiatrist licensed pursuant to title 63, chapter 6, or psychologist |
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37 | 36 | | |
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38 | 37 | | |
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39 | 38 | | - 2 - 000775 |
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40 | 39 | | |
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41 | 40 | | licensed pursuant to title 63, chapter 11, and a patient for the purpose of |
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42 | 41 | | determining that the patient is capable and not suffering from a psychiatric or |
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43 | 42 | | psychological disorder or depression causing impaired judgment; |
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44 | 43 | | (6) ''Department'' means the department of health; |
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45 | 44 | | (7) ''Healthcare facility'' means any institution, place, or building providing |
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46 | 45 | | healthcare services that is required to be licensed under this chapter; |
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47 | 46 | | (8) ''Healthcare provider'' means a person licensed, certified, or otherwise |
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48 | 47 | | authorized or permitted by the law of this state to administer health care or |
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49 | 48 | | dispense medication in the ordinary course of business or practice of a |
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50 | 49 | | profession, and includes a healthcare facility; |
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51 | 50 | | (9) ''Informed decision'' means a decision by a qualified patient to request |
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52 | 51 | | and obtain a prescription to end the patient's life in a humane and dignified |
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53 | 52 | | manner that is based on an appreciation of the relevant facts and after being fully |
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54 | 53 | | informed by the attending physician of: |
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55 | 54 | | (A) The patient's medical diagnosis; |
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56 | 55 | | (B) The patient's prognosis; |
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57 | 56 | | (C) The potential risks associated with taking the medication to be |
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58 | 57 | | prescribed; |
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59 | 58 | | (D) The probable result of taking the medication to be prescribed; |
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60 | 59 | | and |
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61 | 60 | | (E) The feasible alternatives, including comfort care, hospice |
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62 | 61 | | care, and pain control; |
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63 | 62 | | (10) ''Medically confirmed'' means the medical opinion of the attending |
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64 | 63 | | physician has been confirmed by a consulting physician who has examined the |
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65 | 64 | | patient and the patient's relevant medical records; |
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66 | 65 | | |
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67 | 66 | | |
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68 | 67 | | - 3 - 000775 |
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69 | 68 | | |
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70 | 69 | | (11) ''Patient'' means a person who is under the care of a physician; |
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71 | 70 | | (12) ''Physician'' means a doctor of medicine licensed to practice |
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72 | 71 | | medicine by the board of medical examiners pursuant to title 63, chapter 6, or |
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73 | 72 | | doctor of osteopathy licensed to practice by the board of osteopathic examination |
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74 | 73 | | pursuant to title 63, chapter 9; |
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75 | 74 | | (13) ''Qualified patient'' means a capable adult who is a resident of this |
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76 | 75 | | state and has satisfied the requirements of this part in order to obtain a |
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77 | 76 | | prescription for medication to end the adult's life in a humane and dignified |
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78 | 77 | | manner; and |
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79 | 78 | | (14) ''Terminal disease'' means an incurable and irreversible disease that |
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80 | 79 | | has been medically confirmed and will, within reasonable medical judgment, |
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81 | 80 | | produce death within six (6) months. |
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82 | 81 | | 68-11-2402. Initiation of written request for medication. |
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83 | 82 | | (a) An adult who is capable, is a resident of this state, and has been determined |
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84 | 83 | | by an attending physician and a consulting physician to be suffering from a terminal |
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85 | 84 | | disease, and who has voluntarily expressed the wish to die, may make a written request |
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86 | 85 | | for medication for the purpose of ending the adult's life in a humane and dignified |
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87 | 86 | | manner in accordance with this part. |
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88 | 87 | | (b) A person does not qualify under this part solely because of age or disability. |
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89 | 88 | | 68-11-2403. Form of written request. |
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90 | 89 | | (a) A valid request for medication under this part must be substantially in the |
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91 | 90 | | form described in § 68-11-2421, signed and dated by the patient and witnessed by at |
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92 | 91 | | least two (2) individuals who, in the presence of the patient, attest that to the best of their |
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93 | 92 | | knowledge and belief the patient is capable, acting voluntarily, and is not being coerced |
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94 | 93 | | to sign the request. |
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95 | 94 | | |
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96 | 95 | | |
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97 | 96 | | - 4 - 000775 |
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98 | 97 | | |
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99 | 98 | | (b) One (1) of the witnesses must be a person who is not: |
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100 | 99 | | (1) A relative of the patient by blood, marriage, or adoption; |
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101 | 100 | | (2) A person who at the time the request is signed would be entitled to |
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102 | 101 | | any portion of the estate of the qualified patient upon death under a will, if known, |
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103 | 102 | | or by operation of law; or |
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104 | 103 | | (3) An owner, operator, or employee of a healthcare facility where the |
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105 | 104 | | qualified patient is receiving medical treatment or is a resident. |
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106 | 105 | | (c) The patient's attending physician at the time the request is signed must not |
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107 | 106 | | be a witness. |
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108 | 107 | | (d) If the patient is a patient in a long-term care facility at the time the written |
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109 | 108 | | request is made, then one (1) of the witnesses must be an individual designated by the |
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110 | 109 | | facility. The department shall promulgate rules governing the qualifications of an |
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111 | 110 | | individual designated as a witness by a long-term care facility pursuant to this subsection |
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112 | 111 | | (d). Rules must be promulgated in accordance with the Uniform Administrative |
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113 | 112 | | Procedures Act, compiled in title 4, chapter 5. |
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114 | 113 | | 68-11-2404. Attending physician responsibilities. |
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115 | 114 | | (a) The attending physician shall: |
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116 | 115 | | (1) Make the initial determination of whether a patient has a terminal |
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117 | 116 | | disease, is capable, and has made the request voluntarily; |
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118 | 117 | | (2) Ensure that the patient is making an informed decision by informing |
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119 | 118 | | the patient of: |
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120 | 119 | | (A) The patient's medical diagnosis; |
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121 | 120 | | (B) The patient's prognosis; |
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122 | 121 | | (C) The potential risks associated with taking the medication to be |
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123 | 122 | | prescribed; |
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124 | 123 | | |
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125 | 124 | | |
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126 | 125 | | - 5 - 000775 |
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127 | 126 | | |
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128 | 127 | | (D) The probable result of taking the medication to be prescribed; |
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129 | 128 | | and |
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130 | 129 | | (E) The feasible alternatives, including comfort care, hospice |
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131 | 130 | | care, and pain control; |
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132 | 131 | | (3) Refer the patient to a consulting physician for medical confirmation of |
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133 | 132 | | the diagnosis and for a determination that the patient is capable and acting |
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134 | 133 | | voluntarily; |
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135 | 134 | | (4) Refer the patient for counseling, if appropriate, pursuant to § 68-11- |
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136 | 135 | | 2406; |
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137 | 136 | | (5) Recommend that the patient notify next of kin; |
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138 | 137 | | (6) Counsel the patient about the importance of having another person |
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139 | 138 | | present when the patient takes the medication prescribed pursuant to this part |
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140 | 139 | | and of not taking the medication in a public place; |
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141 | 140 | | (7) Inform the patient that the patient has an opportunity to rescind the |
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142 | 141 | | request at any time and in any manner, and offer the patient an opportunity to |
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143 | 142 | | rescind at the time the patient makes the patient's second oral request pursuant |
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144 | 143 | | to § 68-11-2409; |
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145 | 144 | | (8) Verify, immediately prior to writing the prescription for medication |
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146 | 145 | | under this part, that the patient is making an informed decision; |
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147 | 146 | | (9) Fulfill the medical record documentation requirements of § 68-11- |
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148 | 147 | | 2412; |
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149 | 148 | | (10) Ensure that all appropriate steps are carried out in accordance with |
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150 | 149 | | this part prior to writing a prescription for medication to enable a qualified patient |
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151 | 150 | | to end the patient's life in a humane and dignified manner; and |
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152 | 151 | | (11) |
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153 | 152 | | |
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154 | 153 | | |
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155 | 154 | | - 6 - 000775 |
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156 | 155 | | |
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157 | 156 | | (A) Dispense medications directly, including ancillary medications |
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158 | 157 | | intended to facilitate the desired effect to minimize the patient's |
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159 | 158 | | discomfort. The attending physician must be registered as a dispensing |
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160 | 159 | | physician with the board of pharmacy and the board of medical examiners |
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161 | 160 | | or the board of osteopathic examination, have a current drug enforcement |
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162 | 161 | | administration certificate, and comply with any applicable rule; or |
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163 | 162 | | (B) With the patient's written consent: |
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164 | 163 | | (i) Contact a pharmacist and inform the pharmacist of the |
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165 | 164 | | prescription; and |
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166 | 165 | | (ii) Deliver the written prescription personally or by mail to |
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167 | 166 | | the pharmacist, who will dispense the medications to the patient, |
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168 | 167 | | the attending physician, or an expressly identified agent of the |
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169 | 168 | | patient. |
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170 | 169 | | (b) Notwithstanding any law to the contrary, the attending physician may sign the |
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171 | 170 | | patient's death certificate. |
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172 | 171 | | 68-11-2405. Consulting physician confirmation. |
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173 | 172 | | Before a patient is qualified under this part, a consulting physician shall examine |
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174 | 173 | | the patient and the patient's relevant medical records. The consulting physician shall |
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175 | 174 | | confirm, in writing, the attending physician's diagnosis that the patient is suffering from a |
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176 | 175 | | terminal disease and verify that the patient is capable, is acting voluntarily, and has |
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177 | 176 | | made an informed decision. |
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178 | 177 | | 68-11-2406. Counseling referral. |
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179 | 178 | | If, in the opinion of the attending physician or the consulting physician, a patient |
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180 | 179 | | may be suffering from a psychiatric or psychological disorder or depression causing |
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181 | 180 | | impaired judgment, either physician must refer the patient for counseling. Medication to |
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182 | 181 | | |
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183 | 182 | | |
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184 | 183 | | - 7 - 000775 |
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185 | 184 | | |
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186 | 185 | | end a patient's life in a humane and dignified manner must not be prescribed until the |
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187 | 186 | | person performing the counseling determines that the patient is not suffering from a |
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188 | 187 | | psychiatric or psychological disorder or depression causing impaired judgment. |
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189 | 188 | | 68-11-2407. Informed decision. |
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190 | 189 | | A person must not receive a prescription for medication to end the person's life in |
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191 | 190 | | a humane and dignified manner unless the person has made an informed decision. |
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192 | 191 | | Immediately prior to writing a prescription for medication under this part, the attending |
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193 | 192 | | physician shall verify that the patient is making an informed decision. |
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194 | 193 | | 68-11-2408. Family notification. |
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195 | 194 | | The attending physician shall recommend that the patient notify the next of kin of |
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196 | 195 | | the patient's request for medication pursuant to this part. A patient who declines or is |
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197 | 196 | | unable to notify next of kin must not have the patient's request denied for that reason. |
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198 | 197 | | 68-11-2409. Written and oral requests. |
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199 | 198 | | (a) In order for a qualified patient to receive a prescription for medication to end |
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200 | 199 | | the patient's life in a humane and dignified manner, a qualified patient must: |
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201 | 200 | | (1) Make an initial oral request to the patient's attending physician; |
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202 | 201 | | (2) Make a written request to the patient's attending physician; and |
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203 | 202 | | (3) Make a second oral request to the patient's attending physician no |
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204 | 203 | | less than fifteen (15) days after making the initial oral request. |
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205 | 204 | | (b) Notwithstanding subsection (a), if the qualified patient's attending physician |
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206 | 205 | | has medically confirmed that the qualified patient will, within reasonable medical |
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207 | 206 | | judgment, die within fifteen (15) days after making the initial oral request under this |
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208 | 207 | | section, then the qualified patient may reiterate the oral request to the attending |
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209 | 208 | | physician at any time after making the initial oral request. |
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210 | 209 | | |
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211 | 210 | | |
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212 | 211 | | - 8 - 000775 |
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213 | 212 | | |
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214 | 213 | | (c) At the time the qualified patient makes the second oral request, the attending |
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215 | 214 | | physician shall offer the patient an opportunity to rescind the request. |
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216 | 215 | | 68-11-2410. Right to rescind request. |
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217 | 216 | | A patient may rescind a request at any time and in any manner without regard to |
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218 | 217 | | the patient's mental state. A prescription for medication under this part must not be |
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219 | 218 | | written without the attending physician offering the qualified patient an opportunity to |
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220 | 219 | | rescind the request. |
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221 | 220 | | 68-11-2411. Waiting periods. |
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222 | 221 | | (a) No less than fifteen (15) days shall elapse between the patient's initial oral |
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223 | 222 | | request pursuant to § 68-11-2409(a)(1) and the writing of a prescription under this part. |
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224 | 223 | | (b) No less than forty-eight (48) hours shall elapse between the patient's written |
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225 | 224 | | request pursuant to § 68-11-2409(a)(2) and the writing of a prescription under this part. |
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226 | 225 | | (c) Notwithstanding subsections (a) and (b), if the qualified patient's attending |
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227 | 226 | | physician has medically confirmed that the qualified patient will, within reasonable |
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228 | 227 | | medical judgment, die before the expiration of at least one (1) of the waiting periods |
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229 | 228 | | described in subsections (a) and (b), then the prescription for medication under this part |
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230 | 229 | | may be written at any time following the latter of the qualified patient's written request or |
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231 | 230 | | second oral request under § 68-11-2409. |
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232 | 231 | | 68-11-2412. Medical record documentation requirements. |
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233 | 232 | | The following must be documented or filed in the patient's medical record: |
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234 | 233 | | (1) All oral requests by a patient for medication to end the patient's life in |
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235 | 234 | | a humane and dignified manner; |
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236 | 235 | | (2) All written requests by a patient for medication to end the patient's life |
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237 | 236 | | in a humane and dignified manner; |
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238 | 237 | | |
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239 | 238 | | |
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240 | 239 | | - 9 - 000775 |
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241 | 240 | | |
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242 | 241 | | (3) The attending physician's diagnosis, prognosis, and determination |
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243 | 242 | | that the patient is capable, acting voluntarily, and has made an informed |
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244 | 243 | | decision; |
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245 | 244 | | (4) The consulting physician's diagnosis, prognosis, and verification that |
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246 | 245 | | the patient is capable, acting voluntarily, and has made an informed decision; |
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247 | 246 | | (5) A report of the outcome and determinations made during counseling, |
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248 | 247 | | if performed; |
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249 | 248 | | (6) Any medically confirmed certification of the imminence of the patient's |
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250 | 249 | | death; |
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251 | 250 | | (7) The attending physician's offer to the patient to rescind the patient's |
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252 | 251 | | request at the time of the patient's second oral request pursuant to § 68-11-2409; |
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253 | 252 | | and |
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254 | 253 | | (8) A note by the attending physician indicating that all requirements of |
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255 | 254 | | this part have been met and indicating the steps taken to carry out the request, |
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256 | 255 | | including a notation of the medication prescribed. |
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257 | 256 | | 68-11-2413. Reporting requirements. |
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258 | 257 | | (a) The department shall: |
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259 | 258 | | (1) Annually review a sample of records maintained pursuant to this part; |
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260 | 259 | | and |
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261 | 260 | | (2) Require a healthcare provider, upon dispensing medication pursuant |
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262 | 261 | | to this part, to file a copy of the dispensing record with the department. |
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263 | 262 | | (b) The department shall make rules to facilitate the collection of information |
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264 | 263 | | regarding compliance with this part. The information collected is not a public record for |
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265 | 264 | | the purposes of title 10, chapter 7, and must not be made available for inspection by the |
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266 | 265 | | public. |
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267 | 266 | | |
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268 | 267 | | |
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269 | 268 | | - 10 - 000775 |
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270 | 269 | | |
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271 | 270 | | (c) The department shall generate and make available to the public an annual |
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272 | 271 | | statistical report of information collected under subsection (a). |
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273 | 272 | | 68-11-2414. Effect on construction of wills, contracts, and statutes. |
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274 | 273 | | (a) A provision in a contract, life insurance policy, will, or other agreement, |
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275 | 274 | | whether written or oral, to the extent the provision would affect whether a person may |
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276 | 275 | | make or rescind a request for medication to end the person's life in a humane and |
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277 | 276 | | dignified manner, is not valid. |
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278 | 277 | | (b) An obligation owing under any currently existing contract must not be |
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279 | 278 | | conditioned or affected by the making or rescinding of a request, by a person, for |
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280 | 279 | | medication to end the person's life in a humane and dignified manner. |
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281 | 280 | | (c) This section applies to contracts, policies, wills, or agreements entered into |
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282 | 281 | | or renewed on or after the effective date of this act. |
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283 | 282 | | 68-11-2415. Insurance or annuity policies. |
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284 | 283 | | The sale, procurement, or issuance of any life, health, or accident insurance or |
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285 | 284 | | annuity policy, or the rate charged for any policy, is not conditioned upon or affected by |
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286 | 285 | | the making or rescinding of a request, by a person, for medication to end the person's |
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287 | 286 | | life in a humane and dignified manner. A qualified patient's act of ingesting medication |
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288 | 287 | | to end the patient's life in a humane and dignified manner does not have an effect upon |
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289 | 288 | | a life, health, or accident insurance or annuity policy. |
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290 | 289 | | 68-11-2416. Authorized actions. |
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291 | 290 | | This part does not authorize a physician or another person to end a patient's life |
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292 | 291 | | by lethal injection, mercy killing, or active euthanasia. Actions taken in accordance with |
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293 | 292 | | this part do not, for any purpose, constitute suicide, assisted suicide under § 39-13-216, |
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294 | 293 | | mercy killing, or criminal homicide under title 39, chapter 13, part 2. |
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295 | 294 | | 68-11-2417. Immunity. |
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296 | 295 | | |
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297 | 296 | | |
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298 | 297 | | - 11 - 000775 |
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299 | 298 | | |
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300 | 299 | | (a) A person is not subject to civil or criminal liability or professional disciplinary |
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301 | 300 | | action for participating in good faith compliance with this part. This includes being |
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302 | 301 | | present when a qualified patient takes the prescribed medication to end the patient's life |
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303 | 302 | | in a humane and dignified manner. |
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304 | 303 | | (b) A professional organization or association, or healthcare provider, shall not |
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305 | 304 | | subject a person to censure, discipline, suspension, loss of license, loss of privileges, |
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306 | 305 | | loss of membership, or other penalty for participating or refusing to participate in good |
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307 | 306 | | faith compliance with this part. |
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308 | 307 | | (c) A request by a patient for, or provision by an attending physician of, |
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309 | 308 | | medication in good faith compliance with this part must not constitute neglect for any |
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310 | 309 | | purpose of law or provide the sole basis for the appointment of a guardian or |
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311 | 310 | | conservator. |
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312 | 311 | | (d) A healthcare provider is not under any duty, whether by contract, statute, or |
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313 | 312 | | another legal requirement, to participate in the provision to a qualified patient of |
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314 | 313 | | medication to end the patient's life in a humane and dignified manner. If a healthcare |
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315 | 314 | | provider is unable or unwilling to carry out a patient's request under this part, and the |
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316 | 315 | | patient transfers the patient's care to a new healthcare provider, then the prior |
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317 | 316 | | healthcare provider must transfer, upon request, a copy of the patient's relevant medical |
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318 | 317 | | records to the new healthcare provider. |
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319 | 318 | | (e) |
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320 | 319 | | (1) Notwithstanding another law, a healthcare provider may prohibit |
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321 | 320 | | another healthcare provider from participating in this part on the premises of the |
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322 | 321 | | prohibiting provider if the prohibiting provider has notified the healthcare provider |
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323 | 322 | | of the prohibiting provider's policy regarding participating in this part. This |
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324 | 323 | | |
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325 | 324 | | |
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326 | 325 | | - 12 - 000775 |
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327 | 326 | | |
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328 | 327 | | subdivision (e)(1) does not prohibit a healthcare provider from providing to a |
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329 | 328 | | patient healthcare services that do not constitute participation in this part. |
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330 | 329 | | (2) Notwithstanding subsections (a)-(d), a healthcare provider may |
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331 | 330 | | subject another healthcare provider to the following sanctions if the sanctioning |
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332 | 331 | | healthcare provider has notified the sanctioned provider prior to participation in |
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333 | 332 | | this part that the sanctioning provider prohibits participation in this part: |
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334 | 333 | | (A) Loss of privileges, loss of membership, or other sanctions |
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335 | 334 | | provided pursuant to the medical staff bylaws, policies, and procedures of |
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336 | 335 | | the sanctioning healthcare provider, if the sanctioned provider is a |
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337 | 336 | | member of the sanctioning provider's medical staff and participates in this |
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338 | 337 | | part while on the healthcare facility premises of the sanctioning |
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339 | 338 | | healthcare provider, but not including the private medical office of a |
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340 | 339 | | physician or other provider; |
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341 | 340 | | (B) Termination of lease or other property contract or other |
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342 | 341 | | nonmonetary remedies provided by lease contract, not including loss or |
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343 | 342 | | restriction of medical staff privileges or exclusion from a provider panel, if |
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344 | 343 | | the sanctioned provider participates in this part while on the premises of |
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345 | 344 | | the sanctioning healthcare provider or on property that is owned by or |
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346 | 345 | | under the direct control of the sanctioning healthcare provider; or |
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347 | 346 | | (C) Termination of contract or other nonmonetary remedies |
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348 | 347 | | provided by contract, if the sanctioned provider participates in this part |
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349 | 348 | | while acting in the course and scope of the sanctioned provider's capacity |
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350 | 349 | | as an employee or independent contractor of the sanctioning healthcare |
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351 | 350 | | provider. This subdivision (e)(2)(C) does not prevent: |
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352 | 351 | | |
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353 | 352 | | |
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354 | 353 | | - 13 - 000775 |
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355 | 354 | | |
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356 | 355 | | (i) A healthcare provider from participating in this part |
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357 | 356 | | while acting outside the course and scope of the provider's |
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358 | 357 | | capacity as an employee or independent contractor; or |
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359 | 358 | | (ii) A patient from contracting with the patient's attending |
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360 | 359 | | physician and consulting physician to act outside the course and |
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361 | 360 | | scope of the provider's capacity as an employee or independent |
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362 | 361 | | contractor of the sanctioning healthcare provider. |
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363 | 362 | | (3) A healthcare provider that imposes sanctions pursuant to subdivision |
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364 | 363 | | (e)(2) shall afford the sanctioned healthcare provider all due process and follow |
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365 | 364 | | all other procedures that are required of the sanctioning healthcare provider |
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366 | 365 | | under law or rule that are related to the imposition of sanctions on another |
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367 | 366 | | healthcare provider. |
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368 | 367 | | (4) For purposes of this subsection (e): |
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369 | 368 | | (A) ''Notify'' means a separate statement in writing to the |
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370 | 369 | | healthcare provider specifically informing the healthcare provider prior to |
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371 | 370 | | the provider's participation in this part of the sanctioning healthcare |
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372 | 371 | | provider's policy about participation in activities covered by this part; |
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373 | 372 | | (B) ''Participate in this part'': |
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374 | 373 | | (i) Means to perform the duties of an attending physician |
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375 | 374 | | pursuant to § 68-11-2404, the consulting physician function |
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376 | 375 | | pursuant to § 68-11-2405, or the counseling function pursuant to § |
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377 | 376 | | 68-11-2406; and |
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378 | 377 | | (ii) Does not include: |
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379 | 378 | | |
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380 | 379 | | |
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381 | 380 | | - 14 - 000775 |
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382 | 381 | | |
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383 | 382 | | (a) Making an initial determination that a patient |
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384 | 383 | | has a terminal disease and informing the patient of the |
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385 | 384 | | medical prognosis; |
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386 | 385 | | (b) Providing information about this part to a |
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387 | 386 | | patient upon the request of the patient; |
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388 | 387 | | (c) Providing a patient, upon the request of the |
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389 | 388 | | patient, with a referral to another physician; or |
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390 | 389 | | (d) A patient contracting with the patient's |
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391 | 390 | | attending physician and consulting physician to act outside |
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392 | 391 | | of the course and scope of the provider's capacity as an |
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393 | 392 | | employee or independent contractor of the sanctioning |
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394 | 393 | | healthcare provider. |
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395 | 394 | | (f) Suspension or termination of staff membership or privileges under subsection |
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396 | 395 | | (e) is not reportable to the board of medical examiners or board of osteopathic |
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397 | 396 | | examination for disciplinary purposes or by the applicable quality improvement |
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398 | 397 | | committee to another quality improvement committee. Action taken pursuant to § 68-11- |
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399 | 398 | | 2403, § 68-11-2404, § 68-11-2405, or § 68-11-2406 must not be the sole basis for a |
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400 | 399 | | report of immoral, unethical, unprofessional, or dishonorable conduct. |
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401 | 400 | | (g) This part does not allow a lower standard of care for patients in the |
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402 | 401 | | community where the patient is treated or a similar community. |
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403 | 402 | | 68-11-2418. Liability. |
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404 | 403 | | (a) A person who, without authorization of the patient, willfully alters or forges a |
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405 | 404 | | request for medication, or conceals or destroys a rescission of that request with the |
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406 | 405 | | intent or effect of causing the patient's death, commits a Class A felony. |
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407 | 406 | | |
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408 | 407 | | |
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409 | 408 | | - 15 - 000775 |
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410 | 409 | | |
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411 | 410 | | (b) A person who coerces or exerts undue influence on a patient to request |
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412 | 411 | | medication for the purpose of ending the patient's life, or to destroy a rescission of a |
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413 | 412 | | request, commits a Class A felony. |
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414 | 413 | | (c) This part does not limit further liability for civil damages resulting from other |
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415 | 414 | | negligent conduct or intentional misconduct by any person. |
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416 | 415 | | (d) The penalties in this part do not preclude criminal penalties applicable under |
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417 | 416 | | other law for conduct which is inconsistent with this part. |
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418 | 417 | | 68-11-2419. Claims by a governmental entity for costs incurred. |
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419 | 418 | | A governmental entity that incurs costs resulting from a person terminating the |
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420 | 419 | | person's life pursuant to this part in a public place has a claim against the estate of the |
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421 | 420 | | person to recover costs and reasonable attorney fees related to enforcing the claim. |
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422 | 421 | | 68-11-2420. Form of the request. |
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423 | 422 | | A request for medication as authorized by this part must be substantially in the |
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424 | 423 | | following form: |
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425 | 424 | | REQUEST FOR MEDICATION |
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426 | 425 | | TO END MY LIFE IN A HUMANE |
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427 | 426 | | AND DIGNIFIED MANNER |
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428 | 427 | | |
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429 | 428 | | I, ________________, am an adult of sound mind. |
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430 | 429 | | |
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431 | 430 | | I am suffering from _______, which my attending physician has determined is a terminal |
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432 | 431 | | disease and which has been medically confirmed by a consulting physician. |
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433 | 432 | | |
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434 | 433 | | |
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435 | 434 | | |
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436 | 435 | | - 16 - 000775 |
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437 | 436 | | |
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438 | 437 | | I have been fully informed of my diagnosis, prognosis, the nature of medication to be prescribed |
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439 | 438 | | and potential associated risks, the expected result, and the feasible alternatives, including |
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440 | 439 | | comfort care, hospice care, and pain control. |
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441 | 440 | | |
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442 | 441 | | I request that my attending physician prescribe medication that will end my life in a humane and |
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443 | 442 | | dignified manner. |
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444 | 443 | | |
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445 | 444 | | INITIAL ONE: |
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446 | 445 | | _____ I have informed my family of my decision and taken their opinions into consideration. |
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447 | 446 | | _____ I have decided not to inform my family of my decision. |
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448 | 447 | | _____ I have no family to inform of my decision. |
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449 | 448 | | |
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450 | 449 | | I understand that I have the right to rescind this request at any time. |
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451 | 450 | | |
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452 | 451 | | I understand the full import of this request, and I expect to die when I take the medication to be |
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453 | 452 | | prescribed. I further understand that although most deaths occur within three (3) hours, my |
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454 | 453 | | death may take longer and my physician has counseled me about this possibility. |
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455 | 454 | | |
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456 | 455 | | I make this request voluntarily and without reservation, and I accept full moral responsibility for |
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457 | 456 | | my actions. |
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458 | 457 | | |
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459 | 458 | | Signed: ___________ |
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460 | 459 | | Dated: ___________ |
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461 | 460 | | |
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462 | 461 | | DECLARATION OF WITNESSES |
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463 | 462 | | |
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464 | 463 | | |
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465 | 464 | | - 17 - 000775 |
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466 | 465 | | |
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467 | 466 | | |
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468 | 467 | | We declare that the person signing this request: |
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469 | 468 | | (a) Is personally known to us or has provided proof of identity; |
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470 | 469 | | (b) Signed this request in our presence; |
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471 | 470 | | (c) Appears to be of sound mind and not under duress, fraud, or undue influence; and |
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472 | 471 | | (d) Is not a patient for whom either of us is the attending physician. |
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473 | 472 | | |
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474 | 473 | | __________ Witness 1/Date |
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475 | 474 | | __________ Witness 2/Date |
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476 | 475 | | |
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477 | 476 | | NOTE: One (1) witness must not be a relative (by blood, marriage, or adoption) of the person |
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478 | 477 | | signing this request, is not entitled to any portion of the person's estate upon death, and must |
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479 | 478 | | not own, operate, or be employed at a healthcare facility where the person is a patient or |
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480 | 479 | | resident. If the patient is a patient in a long-term care facility at the time the written request is |
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481 | 480 | | made, then one (1) of the witnesses must be an individual designated by the facility. |
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482 | 481 | | 68-11-2421. Penalties. |
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483 | 482 | | (a) It is a Class A felony for a person without authorization of the principal to |
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484 | 483 | | willfully alter, forge, conceal, or destroy an instrument, the reinstatement or revocation of |
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485 | 484 | | an instrument, or any other evidence or document reflecting the principal's desires and |
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486 | 485 | | interests, with the intent and effect of causing a withholding or withdrawal of life- |
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487 | 486 | | sustaining procedures or of artificially administered nutrition and hydration which hastens |
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488 | 487 | | the death of the principal. |
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489 | 488 | | (b) Except as provided in subsection (a), it is a Class A misdemeanor for a |
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490 | 489 | | person without authorization of the principal to willfully alter, forge, conceal, or destroy |
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491 | 490 | | an instrument, the reinstatement or revocation of an instrument, or any other evidence or |
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492 | 491 | | |
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493 | 492 | | |
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494 | 493 | | - 18 - 000775 |
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495 | 494 | | |
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496 | 495 | | document reflecting the principal's desires and interests with the intent or effect of |
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497 | 496 | | affecting a healthcare decision. |
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498 | 497 | | SECTION 2. Tennessee Code Annotated, Section 39-13-216(b), is amended by adding |
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499 | 498 | | the following language as a new subdivision: |
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500 | 499 | | (4) Provide medication to a qualified patient for the purpose of ending the |
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501 | 500 | | patient's life in a humane and dignified manner pursuant to title 68, chapter 11, part 24. |
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502 | 501 | | SECTION 3. If any provision of this act or its application to any person or circumstance |
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503 | 502 | | is held invalid, then the invalidity shall not affect other provisions or applications of the act that |
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504 | 503 | | can be given effect without the invalid provision or application, and to that end, the provisions of |
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505 | 504 | | this act are severable. |
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506 | 505 | | SECTION 4. The headings in this act are for reference purposes only and do not |
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507 | 506 | | constitute a part of the law enacted by this act. However, the Tennessee Code Commission is |
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508 | 507 | | requested to include the headings in any compilation or publication containing this act. |
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509 | 508 | | SECTION 5. For purposes of rulemaking, this act takes effect upon becoming a law, the |
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510 | 509 | | public welfare requiring it. For all other purposes, this act takes effect July 1, 2025, the public |
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511 | 510 | | welfare requiring it. |
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