Amended
IN
Senate
April 05, 2021 |
Introduced by Senator Eggman (Principal coauthors: Assembly Members Cooper and Wood) (Coauthor: Senator Wiener) (Coauthors: Assembly Members Aguiar-Curry, Bonta, Frazier, Cristina Garcia, and Luz Rivas) |
February 10, 2021 |
Existing law requires that an individual seeking aid-in-dying medication be subject to specific findings by their attending physician, a consulting physician, and, if determined to be necessary, a licensed psychologist or psychiatrist.
This bill would allow for a mental health professional other than a licensed psychologist or psychiatrist to conduct a mental health exam for the purpose of qualifying an individual for aid-in-dying medication.
This bill would redefine those activities that are considered “participation” for these purposes to exclude diagnosis of an individual with a terminal illness, prognosis of an individual’s illness, determination of an individual’s capacity to make medical decisions, provision of information regarding the act, and referral to a medical provider who will participate in the activities under the act. The bill would state that failure to provide information about medical aid in dying to an individual who requests it, or failure to refer the individual, upon request, to another health care provider or health care facility that is willing to provide the information, is considered a failure to obtain informed consent for subsequent medical treatments.
Under existing law, it is a felony to knowingly alter or forge a request for drugs to end an individual’s life without their authorization, to conceal or destroy a withdrawal or rescission of a request for a drug, if it is done with the intent or effect of causing the individual’s death, to knowingly coerce or exert undue influence on an individual to request
a drug for the purpose of ending their life, or to destroy a withdrawal or rescission of a request, or to administer an aid-in-dying drug to an individual without their knowledge or consent.
This bill would add a definition of “coercion or undue influence” that includes deception and would create civil liability for anyone
who obstructs an individual’s request for aid-in-dying medication. The bill would prohibit a medical facility or provider from making false or misleading statements as to their willingness to participate, as defined, in activities under the act and requires that medical facilities post their policy regarding participation in the act on their internet website.
(f)“Coercion or undue influence” means the willful attempt, whether by deception, intimidation, or any other means to do either of the following:
(1)Cause an individual to request, obtain, or self-administer medication under this part with intent to cause the death of the individual, except for actions of a physician acting in good faith compliance with this part.
(2)Prevent a qualified
individual from obtaining or self-administering medication under this part.
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)“Mental health specialist” means a
psychiatrist, a licensed psychologist, a licensed clinical social worker, or a professional counselor licensed to practice in this state.
(o)
(p)
(q)
(r)
(s)
(e)Notwithstanding subdivision (a) of this section, if the individual’s attending physician has medically determined that the individual will, within reasonable medical judgment, die within 15 days after making the initial oral request, the individual may qualify by reiterating the oral request to the attending physician at any time after
making the initial oral request. An individual who makes two oral requests pursuant to this subdivision shall also make a written request.
REQUEST FOR AN AID-IN-DYING DRUG TO END MY LIFE IN A HUMANE AND DIGNIFIED MANNER I, ......................................................, am an adult of sound mind and a resident of the State of California. | |
I am suffering from ................, which my attending physician has determined is in its terminal phase and which has been medically confirmed. | |
I have been fully informed of my diagnosis and prognosis, the nature of the aid-in-dying drug to be prescribed and potential associated risks, the expected result, and the feasible alternatives or additional treatment options, including comfort care, hospice care, palliative care, and pain control. | |
I request that my attending physician prescribe an aid-in-dying drug that will end my life in a humane and dignified manner if I choose to take it, and I authorize my attending physician to contact any pharmacist about my request. | |
INITIAL ONE: | |
............ I have informed one or more members of my family of my decision and taken their opinions into consideration. | |
............ 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 withdraw or rescind this request at any time. | |
I understand the full import of this request and I expect to die if I take the aid-in-dying drug to be prescribed. My attending physician has counseled me about the possibility that my death may not be immediately upon the consumption of the drug. | |
I make this request voluntarily, without reservation, and without being coerced. | |
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) voluntarily signed this request in our presence; | |
(c) is an individual whom we believe to be of sound mind and not under duress, fraud, or undue influence; and | |
(d) is not an individual for whom either of us is the attending physician, consulting physician, or mental health specialist. | |
............................Witness 1/Date | |
............................Witness 2/Date | |
NOTE: Only one of the two witnesses may be a relative (by blood, marriage, registered domestic partnership, or adoption) of the person signing this request or be entitled to a portion of the person’s estate upon death. Only one of the two witnesses may own, operate, or be employed at a health care facility where the person is a patient or resident. |
I, (INSERT NAME OF INTERPRETER), am fluent in English and (INSERT TARGET LANGUAGE). | |
On (insert date) at approximately (insert time), I read the “Request for an Aid-In-Dying Drug to End My Life” to (insert name of individual/patient) in (insert target language). | |
I declare that I am fluent in English and (insert target language) and further declare under penalty of perjury that the foregoing is true and correct. | |
Executed at (insert
city, county, and state) on this (insert day of month) of (insert month), (insert year). | |
X______Interpreter signature | |
X______Interpreter printed name | |
X______Interpreter address |
(A)Diagnosing whether a patient has a terminal disease, informing the patient of the medical
prognosis, or determining whether a patient has the capacity to make decisions.
(B)Providing information to a patient about this part.
(C)Providing a patient, upon the patient’s request, with a referral to another health care provider for the purposes of participating in the activities authorized by this part.
(2)
(3)
(4)Failure to provide information about medical aid in dying to an individual who requests it, or failure to refer upon the individual’s request to another health care provider or health care facility that is willing to provide the information, is considered a failure to obtain informed consent for subsequent medical treatments.
(5)Neither a
(d)Nothing in this section shall be construed to prevent, or to
(h)Nothing in this part shall
(2)An individual who intentionally or knowingly coerces or exerts undue influence on an individual in order to obstruct a request under this part is subject to
civil liability.
(e)Nothing in this section shall be construed to
(a)Any governmental entity that incurs costs resulting from a qualified individual terminating their life pursuant to the provisions of this part in a public place shall have a claim against the estate of the qualified individual to recover those costs and reasonable attorney fees related to enforcing the claim.
(b)Notwithstanding subdivision (a) of this section, subdivision (p) of Section 443.1, and subparagraph (B) of paragraph (5) of subdivision (a) of Section 443.5, qualified individuals shall not be discouraged from self-administering prescribed aid-in-dying medication in health care facilities.