Below is the text of the assisted suicide bill that we are working to overturn.
Assembly Bill No. 15 |
CHAPTER 1 |
LEGISLATIVE COUNSEL’S DIGEST
DIGEST KEY
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes
BILL TEXT
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1.
Part 1.85 (commencing with Section 443) is added to Division 1 of the Health and Safety Code, to read:
PART 1.85. End of Life Option Act
443.
This part shall be known and may be cited as the End of Life Option Act.
443.1.
As used in this part, the following definitions shall apply:
443.2.
(a) An individual who is an adult with the capacity to make medical decisions and with a terminal disease may make a request to receive a prescription for an aid-in-dying drug if all of the following conditions are satisfied:
443.3.
(a) An individual seeking to obtain a prescription for an aid-in-dying drug pursuant to this part shall submit two oral requests, a minimum of 15 days apart, and a written request to his or her attending physician. The attending physician shall directly, and not through a designee, receive all three requests required pursuant to this section.
443.4.
(a) An individual may at any time withdraw or rescind his or her request for an aid-in-dying drug, or decide not to ingest an aid-in-dying drug, without regard to the individual’s mental state.
443.5.
(a) Before prescribing an aid-in-dying drug, the attending physician shall do all of the following:
443.6.
Before a qualified individual obtains an aid-in-dying drug from the attending physician, the consulting physician shall perform all of the following:
443.7.
Upon referral from the attending or consulting physician pursuant to this part, the mental health specialist shall:
443.8.
All of the following shall be documented in the individual’s medical record:
443.9.
(a) Within 30 calendar days of writing a prescription for an aid-in-dying drug, the attending physician shall submit to the State Department of Public Health a copy of the qualifying patient’s written request, the attending physician checklist and compliance form, and the consulting physician compliance form.
443.10.
A qualified individual may not receive a prescription for an aid-in-dying drug pursuant to this part unless he or she has made an informed decision. Immediately before writing a prescription for an aid-in-dying drug under this part, the attending physician shall verify that the individual is making an informed decision.
443.11.
(a) A request for an aid-in-dying drug as authorized by this part shall be in the following form:
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).
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Mr./Ms. (insert name of patient/qualified individual) affirmed to me that he/she understood the content of this form and affirmed his/her desire to sign this form under his/her own power and volition and that the request to sign the form followed consultations with an attending and consulting physician.
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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.
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Executed at (insert city, county, and state) on this (insert day of month) of (insert month), (insert year).
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X______Interpreter signature
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X______Interpreter printed name
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X______Interpreter address
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(c) The final attestation form given by the attending physician to the qualified individual at the time the attending physician writes the prescription shall appear in the following form:
FINAL ATTESTATION 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 have received the aid-in-dying drug and am fully aware that this aid-in-dying drug will end my life in a humane and dignified manner. | |
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. | |
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 decision to ingest the aid-in-dying drug to end my life in a humane and dignified manner. I understand I still may choose not to ingest the drug and by signing this form I am under no obligation to ingest the drug. I understand I may rescind this request at any time. | |
Signed:………………………………………. | |
Dated:……………………………………….. | |
Time:…………………………………………. | |
443.12.
(a) A provision in a contract, will, or other agreement executed on or after January 1, 2016, whether written or oral, to the extent the provision would affect whether a person may make, withdraw, or rescind a request for an aid-in-dying drug is not valid.
443.13.
(a) (1) The sale, procurement, or issuance of a life, health, or annuity policy, health care service plan contract, or health benefit plan, or the rate charged for a policy or plan contract may not be conditioned upon or affected by a person making or rescinding a request for an aid-in-dying drug.
443.14.
(a) Notwithstanding any other law, a person shall not be subject to civil or criminal liability solely because the person was present when the qualified individual self-administers the prescribed aid-in-dying drug. A person who is present may, without civil or criminal liability, assist the qualified individual by preparing the aid-in-dying drug so long as the person does not assist the qualified person in ingesting the aid-in-dying drug.
443.15.
(a) Subject to subdivision (b), notwithstanding any other law, a health care provider may prohibit its employees, independent contractors, or other persons or entities, including other health care providers, from participating in activities under this part while on premises owned or under the management or direct control of that prohibiting health care provider or while acting within the course and scope of any employment by, or contract with, the prohibiting health care provider.
443.16.
(a) A health care provider may not be sanctioned for any of the following:
443.17.
(a) Knowingly altering or forging a request for an aid-in-dying drug to end an individual’s life without his or her authorization or concealing or destroying a withdrawal or rescission of a request for an aid-in-dying drug is punishable as a felony if the act is done with the intent or effect of causing the individual’s death.
443.18.
Nothing in this part may be construed to authorize a physician or any other person to end an individual’s life by lethal injection, mercy killing, or active euthanasia. Actions taken in accordance with this part shall not, for any purposes, constitute suicide, assisted suicide, homicide, or elder abuse under the law.
443.19.
(a) The State Department of Public Health shall collect and review the information submitted pursuant to Section 443.9. The information collected shall be confidential and shall be collected in a manner that protects the privacy of the patient, the patient’s family, and any medical provider or pharmacist involved with the patient under the provisions of this part. The information shall not be disclosed, discoverable, or compelled to be produced in any civil, criminal, administrative, or other proceeding.
443.20.
A person who has custody or control of any unused aid-in-dying drugs prescribed pursuant to this part after the death of the patient shall personally deliver the unused aid-in-dying drugs for disposal by delivering it to the nearest qualified facility that properly disposes of controlled substances, or if none is available, shall dispose of it by lawful means in accordance with guidelines promulgated by the California State Board of Pharmacy or a federal Drug Enforcement Administration approved take-back program.
443.21.
Any governmental entity that incurs costs resulting from a qualified individual terminating his or her 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.
443.215.
This part shall remain in effect only until January 1, 2026, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2026, deletes or extends that date.
443.22.
(a) The Medical Board of California may update the attending physician checklist and compliance form, the consulting physician compliance form, and the attending physician followup form, based on those provided in subdivision (b). Upon completion, the State Department of Public Health shall publish the updated forms on its Internet Web site.
PRINTER PLEASE NOTE: TIP-IN MATERIAL TO BE INSERTED
SEC. 2.
The Legislature finds and declares that Section 1 of this act, which adds Section 443.19 to the Health and Safety Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
SEC. 3.
The provisions of this part are severable. If any provision of this part or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
SEC. 4.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.