These bills allow:
A terminally ill, mentally capable adult with a prognosis of six months or less to live, the option to request, obtain and take medication — should they choose — to die peacefully in their sleep if their suffering becomes unbearable.
The bills are modeled after laws in other authorized jurisdictions and the Oregon Death with Dignity Act, which has been in practice for nearly 30 years.
Eligibility Criteria
Just like the Oregon Death with Dignity Act and other medical aid in dying laws, to be eligible, a person must be:
- An adult, aged 18 or older
- Terminally ill with a prognosis of 6 months or less to live
- Mentally capable of making an informed healthcare decision
- Able to self-administer the aid-in-dying medication
Individuals are not eligible for medical aid in dying solely because of age or disability.
Key Provisions
- The individual must self-administer the medication. Self-administration does not include administration by intravenous or other parenteral injection or infusion by any person, including the healthcare provider, family member, or patient themselves.
- Two health care providers must confirm that the person is terminally ill with a prognosis of six months or less to live, mentally capable, and not being coerced.
- The attending healthcare provider must inform terminally ill adults requesting medical aid in dying about other end-of-life care options including comfort care, hospice care, palliative care, and pain control.
- A terminally ill person can withdraw their request for medication, not take the medication once they have it, or otherwise change their mind at any point.
- There is a mandatory mental health evaluation if either the attending or consulting healthcare provider has concerns about the patient’s capacity to make an informed health care decision; the prescription cannot be written until the mental health provider confirms capacity.
- Healthcare providers who participate and comply with all aspects of the law are given civil and criminal immunity.
- Anyone attempting to coerce a patient is subject to criminal prosecution.
- Health insurers may not deny or alter healthcare benefits available to terminally ill individuals based on the availability of medical aid in dying or otherwise attempt to coerce a person with a terminal illness to make a request for aid-in-dying medication.
- Life insurance payments cannot be denied to the families of those who use the law.
- No healthcare provider or pharmacist is required to participate.
- The underlying illness — not medical aid in dying — will be listed as the cause of death on the death certificate.
- Unused medication must be disposed of according to state and federal law.
Additional Regulatory Requirements
- The individual must make one oral and one written request to the attending healthcare provider and one oral request to the consulting healthcare provider.
- The attending healthcare provider must comply with medical-record documentation requirements and submit forms to the state department of health.
- The state department of health is required to issue a publicly available annual report. Identifying information about individual patients and healthcare providers is kept confidential.
Additional Information About the Bill:
Bill Sponsors:
HF 2998: Freiberg; Elkins; Gottfried; Bahner; Hill; Jones; Tabke; Virnig; Hicks; Pursell; Hanson, J.; Frazier; Liebling; Bierman; Curran; Jordan; Youakim; Finke; Hollins; Acomb; Coulter; Long; Falconer; Smith; Reyer; Kraft; Johnson, P.
SF 3215: Maye Quade; Mann; Boldon; Carlson; Murphy
For More Information:
Callie Riley
Regional Advocacy Director at Compassion & Choices Action Network
Email: [email protected]
