The legislation SB 239 allows a terminally ill adult patient, with a prognosis of six months or less, suffering from an incurable disease, to obtain a prescription for medicine they may voluntarily take to peacefully and compassionately end their life.

Criteria and Safeguards

Medical aid in dying is a trusted and time-tested medical practice that allows a terminally ill, mentally capable adult with a prognosis of six months or less to live to request from their healthcare provider a prescription for medication they can decide to self-ingest to die peacefully in their sleep. Medical aid in dying is part of comprehensive end-of-life care alongside hospice and palliative care.

Medical Aid in Dying is authorized in 10 states, including New Mexico and Colorado; however, dying Nevadans do not have access to this compassionate care option.

The bill also requires the following:

  • Providers must inform the requesting individual about all of their end-of-life care options, including comfort care, hospice and pain control.
  • No physician, health care provider or pharmacist is required to participate.
  • Patients can withdraw their request for medication, not take the medication, or change their mind at any point.
  • Patients must be able to self-administer the medication.
  • A patient’s providers may refer the patient for a mental health evaluation to ensure the patient’s capacity to make an informed decision.
  • The law has protections to prevent patient coercion
  • Life insurance payments cannot be denied to the families of those who use the law.
  • Patient must be able to self-administer the medication.
  • Anyone attempting to coerce a patient will face criminal prosecution.
  • Life insurance payments cannot be denied to the families of those who use the law.
  • Healthcare providers who participate and comply with all aspects of the law are given civil and criminal immunity.
  • The underlying terminal illness will be listed as the cause of death on the death certificate.

Additional Regulatory Requirements

  • Two separate verbal requests for the medication, with a 15-day waiting period between.
  • A written request is also required. One person must witness the written request; they cannot be a relative or someone who stands to benefit from the person’s estate.
  • Prescribing providers must comply with medical-record documentation requirements and make records available to the state department of health.
  • Unused medication must be disposed of according to state and federal law

2023 Legislative Supporters

  • Sen. Edgar Flores
  • Sen. Pat Spearman
  • Sen. Nicole J. Cannizzaro
  • Sen. Roberta Lange
  • Sen. Rochelle Nguyen
  • Asm. Max Carter
  • Asm. David Orentlicher
  • Asm. Duy Nguyen
  • Asm. Venicia Considine
  • Asm. Lesley E. Cohen
  • Asm. Howard Watts
  • Asm. Cecelia Gonzalez
  • Asm. Michelle Gorelow
  • Asm. Shannon Bilbray-Axelrod

Organizational Support Includes:

  • Reno Human Rights Commission
  • Battle Born Progress
  • ACLU of Nevada
  • Services & Advocacy for LGBT Elders
  • Nevada Libertarians
  • Green Party of Nevada
  • Dolores Huerta Foundation

Polling:

  • PPP, Feb 2021 - Nevada 72% support
  • KRNV news, February 2019 - Nevada 76% support
  • Gallup, May 2020 - National - 74% support

For More Information

Paul Klein, Lobbyist, Tri-Strategies, LTD., (775) 830-7285, paul@tristrategies.com

Sara Manns, Nevada Campaign Manager at Compassion & Choices, (510) 277-5089, smanns@compassionandchoices.org