•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

S03151 Summary:

BILL NOS03151A
 
SAME ASSAME AS A02383-A
 
SPONSORSAVINO
 
COSPNSRALCANTARA, BROOKS, DILAN, HAMILTON, HOYLMAN, KRUEGER, RIVERA
 
MLTSPNSR
 
Add Art 28-F 2899-d - 2899-s, Pub Health L
 
Relates to the medical aid in dying act; relates to a terminally ill patient's request for and use of medication for medical aid in dying.
Go to top

S03151 Memo:

Memo not available
Go to top

S03151 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3151--A
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                    January 20, 2017
                                       ___________
 
        Introduced by Sens. SAVINO, ALCANTARA, DILAN, HAMILTON, HOYLMAN, KRUEGER
          -- read twice and ordered printed, and when printed to be committed to
          the  Committee  on Health -- recommitted to the Committee on Health in
          accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
 
        AN ACT to amend the public health law, in relation to a  terminally  ill
          patient's request for and use of medication for medical aid in dying
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. This act shall be known and may be cited  as  the  "medical
     2  aid in dying act".
     3    §  2. The public health law is amended by adding a new article 28-F to
     4  read as follows:
     5                                ARTICLE 28-F
     6                            MEDICAL AID IN DYING
     7  Section 2899-d. Definitions.
     8          2899-e. Request process.
     9          2899-f. Attending physician responsibilities.
    10          2899-g. Right to rescind request; requirement to offer  opportu-
    11                    nity to rescind.
    12          2899-h. Consulting physician responsibilities.
    13          2899-i. Referral to mental health professional.
    14          2899-j. Medical record documentation requirements.
    15          2899-k. Form of written request and witness attestation.
    16          2899-l. Protection and immunities.
    17          2899-m. Permissible refusals and prohibitions.
    18          2899-n. Relation to other laws and contracts.
    19          2899-o. Safe disposal of unused medications.
    20          2899-p. Death certificate.
    21          2899-q. Reporting.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01103-13-8

        S. 3151--A                          2
 
     1          2899-r. Penalties.
     2          2899-s. Severability.
     3    § 2899-d. Definitions. As used in this article:
     4    1. "Adult" means an individual who is eighteen years of age or older.
     5    2. "Attending physician" means the physician who has primary responsi-
     6  bility for the care of the patient and treatment of the patient's termi-
     7  nal illness or condition.
     8    3.  "Capacity"  means  the  ability  to  understand and appreciate the
     9  nature and consequences of health care decisions, including the benefits
    10  and risks of and alternatives to any proposed health care, and to  reach
    11  an informed decision.
    12    4.    "Consulting  physician"  means  a  physician who is qualified by
    13  specialty or experience to make a professional diagnosis  and  prognosis
    14  regarding a person's terminal illness or condition.
    15    5.  "Health  care facility" means a general hospital, nursing home, or
    16  residential health care facility  as  defined  in  section  twenty-eight
    17  hundred one of this chapter.
    18    6.  "Health  care  provider"  means  a  person licensed, certified, or
    19  authorized by law to administer health care or  dispense  medication  in
    20  the ordinary course of business or practice of a profession.
    21    7.  "Informed decision" means a decision by a patient who is suffering
    22  from   a   terminal  illness  or  condition  to  request  and  obtain  a
    23  prescription for medication that the patient may self-administer to  end
    24  the  patient's life that is based on an understanding and acknowledgment
    25  of the relevant facts and that is made voluntarily, of the patient's own
    26  volition and without coercion, after being fully informed of:
    27    (a) the patient's medical diagnosis and prognosis;
    28    (b) the potential risks associated with taking the  medication  to  be
    29  prescribed;
    30    (c) the probable result of taking the medication to be prescribed;
    31    (d)  the  possibility  that  the  patient may choose not to obtain the
    32  medication, or may obtain the medication but may decide not to  self-ad-
    33  minister it; and
    34    (e)  the  feasible  alternatives  and  appropriate  treatment options,
    35  including but not limited to palliative care and hospice care.
    36    8. "Medical aid in dying" means the medical practice  of  a  physician
    37  prescribing medication to a qualified individual that the individual may
    38  choose to self-administer to bring about death.
    39    9.  "Medically  confirmed"  means the medical opinion of the attending
    40  physician that a patient has a terminal illness  or  condition  and  has
    41  made  an  informed  decision  which  has  been confirmed by a consulting
    42  physician who has  examined  the  patient  and  the  patient's  relevant
    43  medical records.
    44    10. "Medication" means medication prescribed by a physician under this
    45  article.
    46    11.  "Mental health professional" means a physician, nurse practition-
    47  er, physician assistant or psychologist, licensed or certified under the
    48  education law acting within his or her scope  of  practice  and  who  is
    49  qualified,  by  training and experience, certification, or board certif-
    50  ication or eligibility, to make a determination  under  section  twenty-
    51  eight  hundred  ninety-nine-i of this article; provided that in the case
    52  of a nurse practitioner or physician assistant, the  professional  shall
    53  not have a collaborative agreement or collaborative relationship with or
    54  be supervised by the attending physician or consulting physician.
    55    12. "Palliative care" means health care treatment, including interdis-
    56  ciplinary  end-of-life  care,  and consultation with patients and family

        S. 3151--A                          3
 
     1  members, to prevent or relieve pain and suffering  and  to  enhance  the
     2  patient's quality of life, including hospice care under article forty of
     3  this chapter.
     4    13.  "Patient"  means  a  person who is eighteen years of age or older
     5  under the care of a physician.
     6    14. "Physician" means an individual licensed to practice  medicine  in
     7  New York state.
     8    15.  "Qualified individual" means a patient with a terminal illness or
     9  condition, who has capacity, has made  an  informed  decision,  and  has
    10  satisfied  the  requirements  of  this  article  in  order  to  obtain a
    11  prescription for medication.
    12    16. "Self-administer"  means  a  qualified  individual's  affirmative,
    13  conscious, and voluntary act of using medication under this article.
    14    17.  "Terminal  illness or condition" means an incurable and irrevers-
    15  ible illness or condition that has been medically  confirmed  and  will,
    16  within reasonable medical judgment, produce death within six months.
    17    § 2899-e. Request  process.    1.  Oral and written request. A patient
    18  wishing to request medication under this  article  shall  make  an  oral
    19  request  and  submit a written request to the patient's attending physi-
    20  cian.
    21    2. Making a written request. A patient may make a written request  for
    22  and  consent to self-administer medication for the purpose of ending his
    23  or her life in accordance with this article if the patient:
    24    (a) has been determined by the attending physician to have a  terminal
    25  illness  or  condition  and  which  has  been  medically  confirmed by a
    26  consulting physician; and
    27    (b) based on an  informed  decision,  expresses  voluntarily,  of  the
    28  patient's  own  volition and without coercion the request for medication
    29  to end his or her life.
    30    3. Written request signed and witnessed. (a)  A  written  request  for
    31  medication  under  this article shall be signed and dated by the patient
    32  and witnessed by at least  two  adults  who,  in  the  presence  of  the
    33  patient,  attest that to the best of his or her knowledge and belief the
    34  patient has capacity, is acting voluntarily, is making the  request  for
    35  medication  of  his or her own volition and is not being coerced to sign
    36  the request. The written request shall  be  in  substantially  the  form
    37  described in section twenty-eight hundred ninety-nine-k of this article.
    38    (b) One of the witnesses shall be an adult who is not:
    39    (i) a relative of the patient by blood, marriage or adoption;
    40    (ii)  a person who at the time the request is signed would be entitled
    41  to any portion of the estate of the patient upon death under any will or
    42  by operation of law; or
    43    (iii) an owner, operator, employee  or  independent  contractor  of  a
    44  health  care  facility  where the patient is receiving treatment or is a
    45  resident.
    46    (c) The attending physician, consulting physician and, if  applicable,
    47  the  mental health professional who provides a capacity determination of
    48  the patient under this article shall not be a witness.
    49    4. No person shall qualify for medical aid in dying under this article
    50  solely because of age or disability.
    51    § 2899-f. Attending  physician  responsibilities.  1.  The   attending
    52  physician  shall  examine  the  patient  and his or her relevant medical
    53  records and:
    54    (a) make a determination of whether a patient has a  terminal  illness
    55  or  condition,  has capacity, has made an informed decision and has made

        S. 3151--A                          4
 
     1  the request voluntarily of the patient's own volition and without  coer-
     2  cion;
     3    (b)  inform  the  patient  of  the  requirement under this article for
     4  confirmation by a consulting physician,  and  refer  the  patient  to  a
     5  consulting physician upon the patient's request;
     6    (c)  refer  the  patient  to  a mental health professional pursuant to
     7  section twenty-eight  hundred  ninety-nine-i  of  this  article  if  the
     8  attending  physician believes that the patient may lack capacity to make
     9  an informed decision;
    10    (d) provide  information  and  counseling  under  section  twenty-nine
    11  hundred ninety-seven-c of this chapter;
    12    (e) ensure that the patient is making an informed decision by discuss-
    13  ing with the patient: (i) the patient's medical diagnosis and prognosis;
    14  (ii)  the  potential  risks  associated with taking the medication to be
    15  prescribed; (iii) the probable result of taking  the  medication  to  be
    16  prescribed;  (iv)  the possibility that the patient may choose to obtain
    17  the medication but not take it; and (v) the  feasible  alternatives  and
    18  appropriate treatment options, including but not limited to (1) informa-
    19  tion  and  counseling  regarding palliative and hospice care and end-of-
    20  life options appropriate to the patient, including but not  limited  to:
    21  the  range  of  options appropriate to the patient; the prognosis, risks
    22  and benefits of the various options; and the patient's legal  rights  to
    23  comprehensive  pain  and  symptom management at the end of life; and (2)
    24  information regarding treatment  options  appropriate  to  the  patient,
    25  including  the  prognosis,  risks  and benefits of the various treatment
    26  options;
    27    (f) discuss with the patient the importance of:
    28    (i) having another person present when the patient takes  the  medica-
    29  tion  and  the  restriction  that  no  person other than the patient may
    30  administer the medication;
    31    (ii) not taking the medication in a public place; and
    32    (iii) informing the patient's family  of  the  patient's  decision  to
    33  request  and take medication that will end the patient's life; a patient
    34  who declines or is unable to notify family shall not  have  his  or  her
    35  request for medication denied for that reason;
    36    (g)  inform  the  patient  that  he or she may rescind the request for
    37  medication at any time and in any manner;
    38    (h) fulfill the medical record documentation requirements  of  section
    39  twenty-eight hundred ninety-nine-j of this article; and
    40    (i)  ensure  that  all appropriate steps are carried out in accordance
    41  with this article before writing a prescription for medication.
    42    2. Upon receiving  confirmation  from  a  consulting  physician  under
    43  section  twenty-eight  hundred ninety-nine-h of this article and subject
    44  to section twenty-eight  hundred  ninety-nine-i  of  this  article,  the
    45  attending  physician  who  determines  that  the  patient has a terminal
    46  illness or condition, has capacity and has made a voluntary request  for
    47  medication  as  provided in this article, may personally, or by referral
    48  to another physician,  prescribe  or  order  appropriate  medication  in
    49  accordance  with  the  patient's  request under this article, and at the
    50  patient's request, facilitate the filling of the prescription and deliv-
    51  ery of the medication to the patient.
    52    3. In accordance with the direction of  the  prescribing  or  ordering
    53  physician  and the consent of the patient, the patient may self-adminis-
    54  ter the medication to himself or herself. A health care professional  or
    55  other person shall not administer the medication to the patient.

        S. 3151--A                          5
 
     1    § 2899-g. Right  to  rescind request; requirement to offer opportunity
     2  to rescind.  1. A patient may at any time rescind his or her request for
     3  medication under this article without regard to the patient's capacity.
     4    2.  A  prescription  for  medication  may  not  be written without the
     5  attending physician offering the qualified individual an opportunity  to
     6  rescind the request.
     7    § 2899-h. Consulting  physician responsibilities. Before a patient who
     8  is requesting medication may receive a prescription for medication under
     9  this article, a consulting physician must:
    10    1. examine the patient and his or her relevant medical records;
    11    2. confirm, in writing, to the attending physician  and  the  patient,
    12  whether:  (a)  the  patient has a terminal illness or condition; (b) the
    13  patient is making an informed decision; (c) the patient has capacity, or
    14  provide documentation that the consulting  physician  has  referred  the
    15  patient  for  a determination under section twenty-eight hundred ninety-
    16  nine-i of this article; and (d) the patient is  acting  voluntarily,  of
    17  the patient's own volition and without coercion.
    18    § 2899-i. Referral  to mental health professional. 1. If the attending
    19  physician or the consulting physician believes that the patient may lack
    20  capacity, the attending physician or consulting  physician  shall  refer
    21  the  patient  to  a  mental  health  professional for a determination of
    22  whether the patient has capacity  to  make  an  informed  decision.  The
    23  referring  physician  shall  advise  the  patient that the report of the
    24  mental health professional will be provided to the  attending  physician
    25  and the consulting physician.
    26    2.  A  mental  health  professional who evaluates a patient under this
    27  section shall report, in writing, to the  attending  physician  and  the
    28  consulting  physician,  his or her independent conclusions about whether
    29  the patient has capacity to make an informed decision, provided that if,
    30  at the time of the report, the patient has not yet been  referred  to  a
    31  consulting  physician,  then upon referral the attending physician shall
    32  provide the consulting physician  with  a  copy  of  the  mental  health
    33  professional's report. If the mental health professional determines that
    34  the  patient  lacks  capacity  to make an informed decision, the patient
    35  shall not be deemed a qualified individual, and the attending  physician
    36  shall not prescribe medication to the patient.
    37    § 2899-j. Medical  record  documentation  requirements.  An  attending
    38  physician shall document or file the following in the patient's  medical
    39  record:
    40    1.  the dates of all oral requests by the patient for medication under
    41  this article;
    42    2. the written request by the patient for medication under this  arti-
    43  cle,  including  the declaration of witnesses and interpreter's declara-
    44  tion, if applicable;
    45    3. the attending physician's diagnosis and prognosis, determination of
    46  capacity, and determination that the patient is acting  voluntarily,  of
    47  the  patient's  own  volition  and  without  coercion,  and  has made an
    48  informed decision;
    49    4. if applicable, written confirmation of capacity under section twen-
    50  ty-eight hundred ninety-nine-i of this article; and
    51    5. a note by the attending physician indicating that all  requirements
    52  under this article have been met and indicating the steps taken to carry
    53  out  the  request,  including a notation of the medication prescribed or
    54  ordered.

        S. 3151--A                          6
 
     1    § 2899-k. Form of  written  request  and  witness  attestation.  1.  A
     2  request  for medication under this article shall be in substantially the
     3  following form:
     4                    REQUEST FOR MEDICATION TO END MY LIFE
 
     5    I,  _________________________________,  am  an adult who has capacity,
     6  which means I understand and appreciate the nature and  consequences  of
     7  health  care decisions, including the benefits and risks of and alterna-
     8  tives to any proposed health care, and to reach an informed decision and
     9  to communicate health care decisions to a physician.
    10    I have been diagnosed with ______________(insert diagnosis), which  my
    11  attending  physician  has determined is a terminal illness or condition,
    12  which has been medically confirmed by a consulting physician.
    13    I have been fully informed of my diagnosis and prognosis,  the  nature
    14  of  the  medication to be prescribed and potential associated risks, the
    15  expected result, and the feasible  alternatives  and  treatment  options
    16  including but not limited to palliative care and hospice care.
    17    I  request  that my attending physician prescribe medication that will
    18  end my life if I choose to take it, and I authorize my attending  physi-
    19  cian to contact another physician or any pharmacist about my request.
 
    20    INITIAL ONE:
    21    (    )  I  have informed or intend to inform one or more members of my
    22  family of my decision.
    23    (  ) I have decided not to inform any member of my family of my  deci-
    24  sion.
    25    (  ) I have no family to inform of my decision.
    26    I  understand that I have the right to rescind this request or decline
    27  to use the medication at any time.
    28    I understand the importance of this request, and I expect to die if  I
    29  take the medication to be prescribed. I further understand that although
    30  most  deaths  occur within three hours, my death may take longer, and my
    31  attending physician has counseled me about this possibility.
    32    I make this request voluntarily, of my own volition and without  being
    33  coerced, and I accept full responsibility for my actions.
 
    34  Signed: __________________________
 
    35  Dated: ___________________________
 
    36                          DECLARATION OF WITNESSES
 
    37    I  declare that the person signing this "Request for Medication to End
    38  My Life":
    39    (a) is personally known to me or has provided proof of identity;
    40    (b) voluntarily signed the "Request for Medication to End My Life"  in
    41  my presence or acknowledged to me that he or she signed it; and
    42    (c) to the best of my knowledge and belief, has capacity and is making
    43  the  "Request  for Medication to End My Life" voluntarily, of his or her
    44  own volition and is not being coerced to sign the "Request  for  Medica-
    45  tion to End My Life".
    46    I am not the attending physician or consulting physician of the person
    47  signing  the  "Request for Medication to End My Life" or, if applicable,
    48  the mental health professional who provides a capacity determination  of
    49  the  person  signing  the "Request for Medication to End My Life" at the
    50  time the "Request for Medication to End My Life" was signed.

        S. 3151--A                          7
 
     1    I further declare under penalty of perjury that  the  statements  made
     2  herein are true and correct and false statements made herein are punish-
     3  able.
 
     4  __________________________ Witness 1, Date: ________________
 
     5  __________________________ (Printed name)
 
     6  __________________________ (Address)

     7  __________________________ (Telephone number)
 
     8    I further declare that I am not (i) related to the above-named patient
     9  by  blood,  marriage  or adoption, (ii) entitled at the time the patient
    10  signed the "Request for Medication to End My Life" to any portion of the
    11  estate of the patient upon his/her death under any will or by  operation
    12  of  law, or (iii) an owner, operator, employee or independent contractor
    13  of a health care facility where the patient is receiving treatment or is
    14  a resident.
 
    15  __________________________ Witness 2, Date: _________________
 
    16  __________________________ (Printed name)
 
    17  __________________________ (Address)
 
    18  __________________________ (Telephone number)

    19    NOTE: Only one of the two witnesses may (i) be a relative  (by  blood,
    20  marriage  or adoption) of the person signing the "Request for Medication
    21  to End My Life", (ii) be entitled to any portion of the person's  estate
    22  upon death under any will or by operation of law, or (iii) own, operate,
    23  be  employed  or  be an independent contractor at a health care facility
    24  where the person is receiving treatment or is a resident.
    25    2. (a) The "Request for Medication to End My Life" shall be written in
    26  the same language as any conversations,  consultations,  or  interpreted
    27  conversations or consultations between a patient and at least one of his
    28  or her attending or consulting physicians.
    29    (b)  Notwithstanding  paragraph  (a)  of this subdivision, the written
    30  "Request for Medication to End My Life" may be prepared in English  even
    31  when  the conversations or consultations or interpreted conversations or
    32  consultations were conducted in a language other than  English  or  with
    33  auxiliary  aids  or  hearing,  speech  or  visual  aids,  if the English
    34  language form includes an attached declaration by the interpreter of the
    35  conversation or  consultation,  which  shall  be  in  substantially  the
    36  following form:
 
    37                          INTERPRETER'S DECLARATION
 
    38    I,  ___________  (insert  name of interpreter)_____ ,(mark as applica-
    39  ble):
    40    (  ) for a patient whose conversations or consultations or interpreted
    41  conversations or consultations were conducted in a language  other  than
    42  English and the "Request for Medication to End My Life" is in English: I
    43  declare that I am fluent in English and (insert target language). I have
    44  the  requisite  language  and interpreter skills to be able to interpret

        S. 3151--A                          8
 
     1  effectively, accurately and impartially information shared and  communi-
     2  cations  between  the  attending  or  consulting  physician and (name of
     3  patient).
     4    I  certify  that  on  (insert date), at approximately (insert time), I
     5  interpreted the communications  and  information  conveyed  between  the
     6  physician and (name of patient) as accurately and completely to the best
     7  of  my knowledge and ability and read the "Request for Medication to End
     8  My Life" to (name of patient) in (insert target language).
     9    (Name of patient) affirmed to me his/her desire to sign  the  "Request
    10  for  Medication  to End My Life" voluntarily, of (name of patient)'s own
    11  volition and without coercion.
    12    ( ) for a patient with a  speech,  hearing  or  vision  disability:  I
    13  declare  that  I have the requisite language, reading and/or interpreter
    14  skills to communicate with the patient and to be  able  to  read  and/or
    15  interpret effectively, accurately and impartially information shared and
    16  communications  that  occurred on (insert date) between the attending or
    17  consulting physician and (name of patient).
    18    I certify that on (insert date), at  approximately  (insert  time),  I
    19  read  and/or  interpreted  the  communications  and information conveyed
    20  between the physician and (name of patient) impartially and as accurate-
    21  ly and completely to the best of my knowledge  and  ability  and,  where
    22  needed for effective communication, read or interpreted the "Request for
    23  Medication to End my Life" to (name of patient).
    24    (Name  of  patient) affirmed to me his/her desire to sign the "Request
    25  for Medication to End My Life" voluntarily, of (name of  patient)'s  own
    26  volition and without coercion.
    27    I  further  declare under penalty of perjury that (i) the foregoing is
    28  true and correct; (ii) I am not (A) related  to  (name  of  patient)  by
    29  blood,  marriage or adoption, (B) entitled at the time (name of patient)
    30  signed the "Request for Medication to End My Life" to any portion of the
    31  estate of (name of patient) upon his/her death  under  any  will  or  by
    32  operation  of  law,  or  (C) an owner, operator, employee or independent
    33  contractor of a health care facility where (name of patient) is  receiv-
    34  ing treatment or is a resident, except that if I am an employee or inde-
    35  pendent  contractor  at such health care facility, providing interpreter
    36  services is part of my job description at such health care facility or I
    37  have been trained to provide interpreter services and (name of  patient)
    38  requested  that  I  provide  interpreter  services  to  him/her  for the
    39  purposes stated in this Declaration; and  (iii)  false  statements  made
    40  herein are punishable.

    41  Executed  at  (insert  city,  county  and  state) on this (insert day of
    42  month) of (insert month), (insert year).
 
    43  __________________________ (Signature of Interpreter)
 
    44  __________________________ (Printed name of Interpreter)
 
    45  __________________________ (ID # or Agency Name)
 
    46  __________________________ (Address of Interpreter)
 
    47  __________________________ (Language Spoken by Interpreter)
 
    48    (c) An interpreter whose services are provided under paragraph (b)  of
    49  this  subdivision  shall not (i) be related to the patient who signs the

        S. 3151--A                          9
 
     1  "Request for Medication to End My Life" by blood, marriage or  adoption,
     2  (ii) be entitled at the time the "Request for Medication to End My Life"
     3  is  signed  by  the  patient to any portion of the estate of the patient
     4  upon  death under any will or by operation of law, or (iii) be an owner,
     5  operator, employee or independent contractor of a health  care  facility
     6  where the patient is receiving treatment or is a resident; provided that
     7  an  employee  or  independent  contractor  whose  job description at the
     8  health care facility includes interpreter services or who is trained  to
     9  provide  interpreter  services and who has been requested by the patient
    10  to serve as an interpreter under this article shall  not  be  prohibited
    11  from serving as a witness under this article.
    12    § 2899-l. Protection and immunities. 1. A physician, pharmacist, other
    13  health  care  professional or other person shall not be subject to civil
    14  or criminal liability or professional disciplinary action by any govern-
    15  ment entity for taking any reasonable good-faith action or  refusing  to
    16  act  under this article, including, but not limited to:  (a) engaging in
    17  discussions with a patient relating to the risks and benefits of end-of-
    18  life options in the circumstances described in this article, (b) provid-
    19  ing a patient, upon request, with a  referral  to  another  health  care
    20  provider, (c) being present when a qualified individual self-administers
    21  medication, (d) refraining from acting to prevent the qualified individ-
    22  ual  from  self-administering  such  medication,  or (e) refraining from
    23  acting to resuscitate the qualified individual after he or she  self-ad-
    24  ministers such medication.
    25    2. Nothing in this section shall limit civil or criminal liability for
    26  negligence, recklessness or intentional misconduct.
    27    § 2899-m. Permissible  refusals  and prohibitions. 1. (a) A physician,
    28  nurse, pharmacist, other health care provider or other person shall  not
    29  be  under  any duty, by law or contract, to participate in the provision
    30  of medication to a patient under this article.
    31    (b) If a health care provider is unable or unwilling to participate in
    32  the provision of medication to a patient  under  this  article  and  the
    33  patient  transfers  care to a new health care provider, the prior health
    34  care provider shall transfer or arrange for the transfer, upon  request,
    35  of  a  copy  of the patient's relevant medical records to the new health
    36  care provider.
    37    2. (a) A private health care facility may  prohibit  the  prescribing,
    38  dispensing,  ordering  or  self-administering  of  medication under this
    39  article while the patient is being treated in or while  the  patient  is
    40  residing in the health care facility if:
    41    (i)  the  prescribing,  dispensing,  ordering or self-administering is
    42  contrary to a formally adopted policy of the facility that is  expressly
    43  based  on  sincerely held religious beliefs or moral convictions central
    44  to the facility's operating principles; and
    45    (ii) the facility has informed the patient of  such  policy  prior  to
    46  admission or as soon as reasonably possible.
    47    (b) Where a facility has adopted a prohibition under this subdivision,
    48  if  a  patient who wishes to use medication under this article requests,
    49  the patient shall be transferred promptly to another health care facili-
    50  ty that is reasonably accessible under the circumstances and willing  to
    51  permit  the  prescribing, dispensing, ordering and self-administering of
    52  medication under this article with respect to the patient.
    53    3. Where a health care facility has adopted a prohibition  under  this
    54  subdivision,  any  health  care  provider  or  employee  or  independent
    55  contractor of the facility who violates the prohibition may  be  subject
    56  to  sanctions otherwise available to the facility, provided the facility

        S. 3151--A                         10
 
     1  has previously notified the health care provider, employee or  independ-
     2  ent contractor of the prohibition in writing.
     3    § 2899-n. Relation  to  other laws and contracts. 1. (a) A patient who
     4  requests medication under  this  article  shall  not,  because  of  that
     5  request, be considered to be a person who is suicidal, and self-adminis-
     6  tering  medication under this article shall not be deemed to be suicide,
     7  for any purpose.
     8    (b) Action  taken  in  accordance  with  this  article  shall  not  be
     9  construed  for  any  purpose  to  constitute  suicide, assisted suicide,
    10  attempted suicide, promoting a suicide attempt, euthanasia, mercy  kill-
    11  ing,  or homicide under the law, including as an accomplice or accessory
    12  or otherwise.
    13    2. (a) No provision in a contract, will or  other  agreement,  whether
    14  written  or  oral,  to  the  extent the provision would affect whether a
    15  person may make or rescind a request for medication or  take  any  other
    16  action under this article, shall be valid.
    17    (b)  No  obligation  owing  under any contract shall be conditioned or
    18  affected by the making or rescinding of a request by a person for  medi-
    19  cation or taking any other action under this article.
    20    3. (a) A person and his or her beneficiaries shall not be denied bene-
    21  fits  under a life insurance policy for actions taken in accordance with
    22  this article.
    23    (b) Notwithstanding the provisions of any law or contract,  the  sale,
    24  procurement or issuance of a life or health insurance or annuity policy,
    25  or  the  rate  charged  for  a  policy, shall not be conditioned upon or
    26  affected by a patient making or  rescinding  a  request  for  medication
    27  under this article.
    28    4. An insurer shall not provide any information in communications made
    29  to  a  patient  about  the availability of medication under this article
    30  absent a request by the patient or by his  or  her  attending  physician
    31  upon  the  request  of such patient. Any communication shall not include
    32  both the denial of coverage for treatment  and  information  as  to  the
    33  availability of medication under this article.
    34    5.  The  sale,  procurement,  or issue of any professional malpractice
    35  insurance policy or the rate charged for the policy shall not be  condi-
    36  tioned  upon or affected by whether the insured does or does not take or
    37  participate in any action under this article.
    38    § 2899-o. Safe disposal of unused  medications.    A  person  who  has
    39  custody  or control of any unused medication prescribed under this arti-
    40  cle after the death of the qualified individual shall personally deliver
    41  the unused medication for disposal to  the  nearest  qualified  facility
    42  that  properly  disposes of controlled substances or shall dispose of it
    43  by lawful means in accordance with regulations made by the commissioner,
    44  regulations made by or guidelines of the commissioner of  education,  or
    45  guidelines  of  a federal drug enforcement administration approved take-
    46  back program. A qualified facility that properly disposes of  controlled
    47  substances shall accept and dispose of any medication delivered to it as
    48  provided hereunder regardless of whether such medication is a controlled
    49  substance.  The  commissioner may make regulations as may be appropriate
    50  for the safe disposal of unused  medications  prescribed,  dispensed  or
    51  ordered under this article as provided in this section.
    52    § 2899-p. Death  certificate.   1. If otherwise authorized by law, the
    53  attending physician may sign the qualified  individual's  death  certif-
    54  icate.

        S. 3151--A                         11
 
     1    2. The cause of death listed on a qualified individual's death certif-
     2  icate  who  dies  after self-administering medication under this article
     3  will be the underlying terminal illness or condition.
     4    § 2899-q. Reporting.  1.  The  commissioner  shall  annually  review a
     5  sample of the records maintained  under  sections  twenty-eight  hundred
     6  ninety-nine-j  and  twenty-eight  hundred ninety-nine-p of this article.
     7  The commissioner shall adopt regulations establishing reporting require-
     8  ments for physicians taking  action  under  this  article  to  determine
     9  utilization  and compliance with this article. The information collected
    10  under this subdivision shall not constitute a  public  record  available
    11  for  public inspection and shall be confidential and collected and main-
    12  tained in a manner that protects the privacy of the patient, his or  her
    13  family,  and  any  health  care  provider acting in connection with such
    14  patient  under  this  article,  except  that  such  information  may  be
    15  disclosed  to  a  governmental  agency  as authorized or required by law
    16  relating to professional discipline, protection of public health or  law
    17  enforcement.
    18    2.  The  commissioner shall prepare a report annually containing rele-
    19  vant data regarding utilization and compliance  with  this  article  and
    20  shall post such report on the department's website.
    21    § 2899-r. Penalties.  1. Nothing in this article shall be construed to
    22  limit professional discipline or civil liability resulting from  conduct
    23  in  violation of this article, negligent conduct, or intentional miscon-
    24  duct by any person.
    25    2. Conduct in violation of this article shall be subject to applicable
    26  criminal liability under state law,  including,  where  appropriate  and
    27  without  limitation,  offenses constituting homicide, forgery, coercion,
    28  and related offenses, or federal law.
    29    § 2899-s. Severability. If any provision of this article or any appli-
    30  cation of any provision of this article, is held to be  invalid,  or  to
    31  violate  or  be  inconsistent  with  any federal law or regulation, that
    32  shall not affect the validity or effectiveness of any other provision of
    33  this article, or of any other application of any provision of this arti-
    34  cle, which can be given effect without that  provision  or  application;
    35  and  to  that  end,  the provisions and applications of this article are
    36  severable.
    37    § 3. This act shall take effect immediately.
Go to top