Bill Summaries: H611 (2015-2016 Session)

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  • Summary date: Apr 9 2015 - View summary

    Adds new Article 23A, Death With Dignity Act, to GS Chapter 90.

    Defines terms as they apply in this Article. Specifies that an adult, defined in this act as a person 18 years or older, who meets all of the delineated criteria may make a written request for medication to end his or her life in a humane and dignified manner under the provisions of this Article. Provides that no person qualifies to make a written request for medication to end his or her life under this Article solely because of age or disability.

    Requires that a valid request for medication under this Article to end one's life must be in substantially the form described in new GS 90-325.21, signed and dated by the patient in the presence of two witnesses who attest that to the best of their knowledge and belief that patient is (1) capable, (2) acting voluntarily, and (3) is not being coerced to sign the request. Includes specifications regarding individuals who may not be one of the two witnesses.

    Specifies the responsibilities of the attending physician. Provides that notwithstanding any other provision of law, the attending physician may sign the patient's death certificate.

    Requires that there must be a confirmation from a consulting physician, as defined in this act, who examines the patient and the patient's relevant medical records and makes a written confirmation of the attending physician's diagnosis that the person suffers from a terminal disease and verifies that the patient is capable, acting voluntarily, and has made an informed decision.

    Requires the attending or consulting physician to refer a patient for counseling if in the opinion of either the patient may be suffering from a psychiatric or psychological disorder or depression causing impaired judgment.

    Prohibits a patient from receiving a prescription for medication to end his or her life in a humane and dignified manner unless the patient has made an informed decision as defined in this act.

    Requires the attending physician to recommend that the patient notify the next of kin of the patient's request for medication under this Article but prohibits denying a patient's request for medication under this Article solely on the refusal or inability of a patient to notify next of kin.

    Requires a patient seeking a prescription for medication to end the patient's life to make both an oral and a written request and requires that the patient reiterate the oral request to the attending physician no less than 15 days after making the initial oral request. Requires the attending physician to offer the patient the opportunity to rescind the request at the time that the patient makes the second oral request. Additionally, specifies that a patient may rescind a request at any time and in any manner. Directs an attending physician not to write a prescription under this Article without offering the qualified patient an opportunity to rescind the request for a prescription medication to end the patient's life. Prohibits less than 15 days elapsing between a patient's initial oral request and the writing of a prescription under this Article and prohibits less than 48 hours elapsing between the patient's written request and the writing of a prescription under this Article.

    Specifies all of the data and information that must be documented or filed in the patient's medical record.

    Requires that only requests by North Carolina residents are to be granted under this act. Provides that factors demonstrating residence equal: (1) possession of a North Carolina driver's license, (2) registration to vote in North Carolina, (3) evidence that a person owns or leases property in North Carolina, and (4 ) filing a North Carolina tax return for the most recent tax year.

    Makes the NCDepartment of Health and Human Services (DHHS) responsible for the reporting requirements under this act. Provides that except as otherwise required by law, the information collected under rules developed by DHHS does not constitute a public record under GS Chapter 132 and will not be made available for inspection by the public.

    Provides that no provision, written or oral, in a contract, will, or other agreement that affects whether a person may make or rescind a request for medication to end his or her life in a humane and dignified manner, is valid. Provides that no obligation owed under any currently existing contract is to be conditioned or affected by the making or rescinding of a request by a person for medication to end his or her life in a humane and dignified manner. Also provides that a person choosing to act under the provisions of this Article does not have an effect on a life, health, or accident insurance or annuity policy.

    Prohibits this Article from being construed to authorize a physician, health care provider, or any other person to end a patient's life by lethal injection, mercy killing, or active euthanasia. Specifies that actions taken in accordance with this Article do not constitute suicide, assisted suicide, mercy killing, or homicide under North Carolina laws.

    Provides for immunity from civil or criminal liability or professional disciplinary action for a person participating in good-faith compliance with the provisions of this Article. Provides that this Article imposes no duty on a health care provider to participate in providing a qualified patient with medication to end his or her life in a humane and dignified manner.

    Permits a health care provider to subject another health care provider to sanctions, as stated in this act, if the sanctioning health care provider has given prior notice to the health care provider who is being sanctioned of its policy against participation in activities authorized by this Article.

    Provides that a person who willfully alters or forges a request for medication or destroys or conceals a rescission of such a request without authorization from the patient is guilty of a Class A felony. Also makes coercing or exerting undue influence on a patient to request medication to end the patient's life, or destroying a rescission of such a request, a Class A felony. Provides that the penalties in this Article do not prohibit application of criminal penalties under other law for conduct that violates the provisions of this Article. Declares that nothing in this Article limits liability for civil damages resulting from other negligent conduct or intentional misconduct by any person.

    Permits a governmental entity that incurs costs as a result of a person ending his or her life under the provisions of this Article in a public place to have a claim against the estate of that person to recover costs and reasonable attorneys' fees related to enforcing the claim.

    Includes a severability clause to provide that if any provisions of the proposed act or its application are held to be invalid, the invalidity does not affect other provisions or applications that can be given effect without the invalid provisions or applications.

    Includes a form for a person to make a request to end his or her life with prescription medication under this Article and includes penalties for altering, forging, concealing, or destroying the form or a revocation of the decision in the form.

    Effective December 1, 2015, and applies to offenses committed on or after that date.