New Hampshire Bill Summary

HB 254

The Legislation Allows

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 bill is modeled after the Oregon Death with Dignity Act, and other laws, which has been in practice for almost 30 years.

Eligibility Criteria

In all authorized states, 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

Individuals are not eligible for medical aid in dying solely because of age or disability.

Key Provisions

  • The individual must be able to self-administer the medication.

  • Two healthcare providers must confirm that the individual is terminally ill with prognosis of six months or less to live, mentally capable, and not being coerced.

  • A terminally ill individual can withdraw their request for medication, not take the medication once they have it or otherwise change their mind at any point.

  • The attending healthcare provider must inform the requesting individual about all of their end-of-life care options, including comfort care, hospice care, palliative care, and pain control.

  • A mental health evaluation is required if either healthcare provider has concerns about the individual’s capacity to make an informed health care decision; the prescription cannot be written until the mental health professional 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 will face criminal prosecution.

  • Life insurance payments cannot be denied to the families of those who use the law.

  • No healthcare provider is required to participate.

Additional Regulatory Requirements

  • A written request is required. At least two people must witness the written request. No more than one witness can be a relative or someone who stands to benefit from the person’s estate, be the person’s attending healthcare provider, or be an owner, operator or employee of a healthcare facility in which the person is a resident or receiving medical care.
  • Prescribing healthcare providers must comply with medical-record documentation requirements and make records available to the state. The state is required to issue a publicly available annual report. Identifying information about individual patients and doctors is kept confidential.

Additional Information About the Bill:

Legislation & Primary Sponsors:

  • HB254 - Representative Bob Lynn (R)

Cosponsors:

  • Representative Marjorie Smith (D)
  • Representative Bill Boulton (D)
  • Representative David Paige (D)
  • Representative Eric Turer (D)
  • Representative Stephen Woodcock (D)
  • Representative Mike Bordes (R)
  • Representative David Milz (R)

For More Information:

Melissa Stacy
Regional Advocacy Director, Northeast
508-893-1687
[email protected]

General Mailing Address:
Compassion & Choices
8156 S Wadsworth Blvd #E-162
Littleton, CO 80128

Mail contributions directly to:
Compassion & Choices Gift Processing Center
PO Box 485
Etna, NH 03750

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