senate Bill S3685

2015-2016 Legislative Session

Establishes the New York end of life options act

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Current Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Senate Actions - UPPERCASE
Jan 06, 2016 referred to health
Feb 13, 2015 referred to health

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S3685 - Bill Details

See Assembly Version of this Bill:
A2129A
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add Art 29-cccc ยงยง2994-aaa - 294-qqq, Pub Health L

S3685 - Bill Texts

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Establishes the New York end of life options act; authorizes the prescription of aid-in-dying medication to individuals with terminal illnesses; terminal illness means incurable and irreversible illness that has been medically confirmed that will result in death within six months; form must be signed by the qualified individual and by two witnesses; no liability or sanctions where the health care provider participates in good faith.

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BILL NUMBER:S3685

TITLE OF BILL: An act to amend the public health law, in relation to
establishing the "New York end of life options act"

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to make aid in dying an open, legitimate
option for terminally ill individuals in New York State.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 sets out the title of this act, the "New York End of Life
Options Act."

Section 2 creates a new article 29-CCCC of the Public Health Law.

Section provides an effective date of 90 days after the date upon
which the act shall have become a law.

JUSTIFICATION:

This bill would give a mentally competent, terminally ill adult in New
York State the option to request a prescription for aid-in-dying
medication that they can take - when and whether they choose - if
their suffering becomes unbearable. The medical option of aid in dying
will improve end-of-life care overall and will benefit those who
choose to access it.

This will establish a process that honors a patient's right to make
informed decisions about dying and respects the individual's beliefs
after receiving a terminal diagnosis. It will allow only qualified,
terminally ill, and mentally competent adults to request and obtain a
prescription from their physician for medication that the patient can
self-administer to bring about a peaceful and humane death. Two
physicians must confirm the prognosis is terminal. It will require two
witnesses to attest that the request is voluntary. It will protect
physicians from civil or criminal liability and from professional
disciplinary action if they fulfill a qualified patient's request.
Participation by doctors would be fully voluntary. It will also
provide safeguards against any coercion of patients and would
establish felony penalties for coercing or forging a request. It will
further honor a patient's right to rescind the request at any time.

PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

EFFECTIVE DATE:

This act shall take effect on the ninetieth day next succeeding the
date upon which it shall had become a law.


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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3685

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 13, 2015
                               ___________

Introduced  by  Sens. SAVINO, HOYLMAN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation to  establishing  the
  "New York end of life options act"

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be cited as the  "New  York
end of life options act".
  S  2. The public health law is amended by adding a new article 29-CCCC
to read as follows:

                             ARTICLE 29-CCCC
                    NEW YORK END OF LIFE OPTIONS ACT

SECTION 2994-AAA. DEFINITIONS.
        2994-BBB. RIGHT TO REQUEST AID-IN-DYING MEDICATION.
        2994-CCC. REQUEST PROCESS.
        2994-DDD. RIGHT TO RESCIND REQUEST; REQUIREMENT TO OFFER  OPPOR-
                    TUNITY TO RESCIND.
        2994-EEE. ATTENDING PHYSICIAN RESPONSIBILITIES.
        2994-FFF. DEATH CERTIFICATE.
        2994-GGG. CONSULTING PHYSICIAN CONFIRMATION.
        2994-HHH. COUNSELING REFERRAL.
        2994-III. INFORMED DECISION REQUIRED.
        2994-JJJ. FORM OF REQUEST.
        2994-KKK. STANDARD OF CARE.
        2994-LLL. EFFECT  ON  CONSTRUCTION OF WILLS, CONTRACTS AND STAT-
                    UTES.
        2994-MMM. INSURANCE OR ANNUITY POLICIES.
        2994-NNN. IMMUNITIES; PROHIBITIONS ON CERTAIN HEALTHCARE PROVID-
                    ERS; NOTIFICATION; PERMISSIBLE SANCTIONS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09219-01-5

S. 3685                             2

        2994-OOO. NON-SANCTIONABLE ACTIVITIES.
        2994-PPP. PENALTIES.
        2994-QQQ. SEVERABILITY.
  S  2994-AAA. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING WORDS
AND PHRASES SHALL HAVE THE FOLLOWING MEANINGS:
  1. "ADULT" MEANS AN INDIVIDUAL WHO IS EIGHTEEN YEARS OF AGE OR OLDER.
  2. "AID-IN-DYING MEDICATION" MEANS MEDICATION PRESCRIBED BY  A  PHYSI-
CIAN TO A QUALIFIED INDIVIDUAL, WHICH THE PATIENT MAY CHOOSE TO SELF-AD-
MINISTER  TO  BRING  ABOUT A PEACEFUL DEATH IF THEY FIND THEIR SUFFERING
DUE TO A TERMINAL ILLNESS TO BE UNBEARABLE.
  3. "ATTENDING PHYSICIAN" MEANS THE PHYSICIAN WHO HAS PRIMARY RESPONSI-
BILITY FOR THE CARE OF AN INDIVIDUAL AND TREATMENT OF  THE  INDIVIDUAL'S
TERMINAL ILLNESS.
  4.  "CAPACITY"  MEANS THAT IN THE OPINION OF AN INDIVIDUAL'S ATTENDING
PHYSICIAN, CONSULTING PHYSICIAN, PSYCHIATRIST, OR PSYCHOLOGIST THE INDI-
VIDUAL HAS THE ABILITY TO MAKE AND COMMUNICATE AN INFORMED  DECISION  TO
HEALTHCARE  PROVIDERS, INCLUDING COMMUNICATION THROUGH A PERSON FAMILIAR
WITH THE INDIVIDUAL'S MANNER OF COMMUNICATING IF THAT PERSON  IS  AVAIL-
ABLE.
  5.  "CONSULTING  PHYSICIAN"  MEANS  A  PHYSICIAN  WHO  IS QUALIFIED BY
SPECIALTY OR EXPERIENCE TO MAKE A PROFESSIONAL DIAGNOSIS  AND  PROGNOSIS
REGARDING AN INDIVIDUAL'S ILLNESS.
  6.  "COUNSELING"  MEANS ONE OR MORE CONSULTATIONS AS NECESSARY BETWEEN
AN INDIVIDUAL AND A PSYCHIATRIST OR PSYCHOLOGIST LICENSED IN THIS  STATE
FOR  THE  PURPOSE OF DETERMINING THAT THE INDIVIDUAL IS COMPETENT AND IS
NOT SUFFERING FROM A PSYCHIATRIC OR PSYCHOLOGICAL DISORDER OR DEPRESSION
CAUSING IMPAIRED JUDGMENT.
  7. "HEALTHCARE PROVIDER" OR "PROVIDER" MEANS A PERSON LICENSED, CERTI-
FIED, OR OTHERWISE AUTHORIZED OR PERMITTED BY LAW TO ADMINISTER  HEALTH-
CARE  OR DISPENSE MEDICATION IN THE ORDINARY COURSE OF BUSINESS OR PRAC-
TICE OF A  PROFESSION,  NURSE  PRACTITIONERS  AND  PHYSICIAN  ASSISTANTS
NOTWITHSTANDING, AND INCLUDES A HEALTHCARE FACILITY.
  8. "INFORMED DECISION" MEANS A DECISION BY A TERMINALLY ILL INDIVIDUAL
TO  REQUEST AND OBTAIN A PRESCRIPTION FOR MEDICATION THAT THE INDIVIDUAL
MAY SELF-ADMINISTER TO END THE INDIVIDUAL'S LIFE THAT  IS  BASED  ON  AN
UNDERSTANDING  AND ACKNOWLEDGMENT OF THE RELEVANT FACTS AND THAT IS MADE
AFTER BEING FULLY INFORMED BY THE ATTENDING PHYSICIAN OF:
  (A) THE INDIVIDUAL'S MEDICAL DIAGNOSIS AND PROGNOSIS;
  (B) THE POTENTIAL RISKS ASSOCIATED WITH TAKING THE  MEDICATION  TO  BE
PRESCRIBED;
  (C) THE PROBABLE RESULT OF TAKING THE MEDICATION TO BE PRESCRIBED;
  (D) THE POSSIBILITY THAT THEY MAY NOT CHOOSE TO OBTAIN THE MEDICATION,
OR MAY OBTAIN THE MEDICATION BUT MAY DECIDE NOT TO TAKE IT; AND
  (E)  THE  FEASIBLE ALTERNATIVES OR ADDITIONAL TREATMENT OPPORTUNITIES,
INCLUDING BUT NOT LIMITED TO COMFORT CARE, HOSPICE CARE AND PAIN MANAGE-
MENT.
  9. "MEDICALLY CONFIRMED" MEANS THE MEDICAL OPINION  OF  THE  ATTENDING
PHYSICIAN  HAS BEEN CONFIRMED BY A CONSULTING PHYSICIAN WHO HAS EXAMINED
THE INDIVIDUAL AND THE INDIVIDUAL'S RELEVANT MEDICAL RECORDS.
  10. "PHYSICIAN" MEANS A DOCTOR OF MEDICINE OR OSTEOPATHY  LICENSED  TO
PRACTICE MEDICINE IN THIS STATE.
  11.  "QUALIFIED  INDIVIDUAL"  MEANS  A TERMINALLY ILL ADULT POSSESSING
CAPACITY WHO HAS SATISFIED THE REQUIREMENTS OF THIS ARTICLE.
  12. "SELF-ADMINISTER"  MEANS  A  QUALIFIED  INDIVIDUAL'S  AFFIRMATIVE,
CONSCIOUS  ACT OF USING THE MEDICATION TO BRING ABOUT THEIR OWN PEACEFUL
AND HUMANE DEATH.

S. 3685                             3

  13. "TERMINAL ILLNESS" MEANS AN  INCURABLE  AND  IRREVERSIBLE  ILLNESS
THAT  HAS  BEEN  MEDICALLY CONFIRMED AND WILL, WITHIN REASONABLE MEDICAL
JUDGMENT, RESULT IN DEATH WITHIN SIX MONTHS.
  S  2994-BBB.  RIGHT TO REQUEST AID-IN-DYING MEDICATION. 1. A QUALIFIED
INDIVIDUAL POSSESSING CAPACITY MAY MAKE A DOCUMENTED REQUEST TO  RECEIVE
A PRESCRIPTION FOR AID-IN-DYING MEDICATION IF:
  (A)  THE  QUALIFIED  INDIVIDUAL'S ATTENDING PHYSICIAN AND A CONSULTING
PHYSICIAN HAVE DETERMINED THE QUALIFIED INDIVIDUAL TO BE SUFFERING  FROM
A TERMINAL ILLNESS; AND
  (B)  THE  QUALIFIED  INDIVIDUAL  HAS VOLUNTARILY EXPRESSED THE WISH TO
RECEIVE A PRESCRIPTION FOR AID-IN-DYING MEDICATION.
  2. A PERSON MAY NOT QUALIFY UNDER THE PROVISIONS OF THIS ARTICLE SOLE-
LY BECAUSE OF AGE OR DISABILITY.
  S 2994-CCC. REQUEST PROCESS. 1.  A  QUALIFIED  INDIVIDUAL  WISHING  TO
RECEIVE  A  PRESCRIPTION  FOR  AID-IN-DYING  MEDICATION PURSUANT TO THIS
ARTICLE SHALL SUBMIT A WRITTEN REQUEST AND MAKE AN ORAL REQUEST TO THEIR
ATTENDING PHYSICIAN.
  2. A VALID WRITTEN REQUEST  FOR  AID-IN-DYING  MEDICATION  UNDER  THIS
ARTICLE MUST BE:
  (A) IN SUBSTANTIALLY THE FORM DESCRIBED IN SECTION TWENTY-NINE HUNDRED
NINETY-FOUR-JJJ OF THIS ARTICLE;
  (B)  SIGNED  AND DATED BY THE QUALIFIED INDIVIDUAL SEEKING THE MEDICA-
TION; AND
  (C) WITNESSED BY AT LEAST TWO OTHER INDIVIDUALS WHO, IN  THE  PRESENCE
OF  THE QUALIFIED INDIVIDUAL, ATTEST THAT TO THE BEST OF THEIR KNOWLEDGE
AND BELIEF THE QUALIFIED INDIVIDUAL:
  (I) POSSESSES CAPACITY;
  (II) IS ACTING VOLUNTARILY; AND
  (III) IS NOT BEING COERCED TO SIGN THE REQUEST.
  3. ONE OF THE WITNESSES MUST BE AN INDIVIDUAL WHO IS NOT:
  (A)  RELATED  TO  THE  QUALIFIED  INDIVIDUAL  BY  BLOOD,  MARRIAGE  OR
ADOPTION;
  (B)  AT THE TIME THE REQUEST IS SIGNED, ENTITLED TO ANY PORTION OF THE
QUALIFIED INDIVIDUAL'S ESTATE UPON DEATH  OF  THE  QUALIFIED  INDIVIDUAL
UNDER A WILL OR ANY OPERATION OF LAW; OR
  (C) AN OWNER, OPERATOR, OR EMPLOYEE OF A HEALTHCARE FACILITY WHERE THE
QUALIFIED  INDIVIDUAL IS RECEIVING MEDICAL TREATMENT OR WHERE THE QUALI-
FIED INDIVIDUAL RESIDES.
  4. NEITHER THE QUALIFIED  INDIVIDUAL'S  ATTENDING  PHYSICIAN  NOR  ANY
CONSULTING  PHYSICIAN  MAY  BE  A  WITNESS  TO  THE SIGNING OF A WRITTEN
REQUEST.
  S 2994-DDD. RIGHT TO RESCIND REQUEST; REQUIREMENT TO OFFER OPPORTUNITY
TO RESCIND. 1.  A QUALIFIED INDIVIDUAL MAY AT  ANY  TIME  RESCIND  THEIR
REQUEST  FOR  AID-IN-DYING  MEDICATION  WITHOUT  REGARD TO THE QUALIFIED
INDIVIDUAL'S MENTAL STATE.
  2. A PRESCRIPTION FOR AID-IN-DYING MEDICATION UNDER THIS  ARTICLE  MAY
NOT  BE  WRITTEN  WITHOUT THE ATTENDING PHYSICIAN OFFERING THE QUALIFIED
INDIVIDUAL AN OPPORTUNITY TO RESCIND THE REQUEST.
  S 2994-EEE. ATTENDING PHYSICIAN RESPONSIBILITIES. THE ATTENDING PHYSI-
CIAN SHALL:
  1. MAKE THE INITIAL DETERMINATION OF WHETHER AN ADULT MAKING A REQUEST
UNDER THIS ARTICLE:
  (A) HAS CAPACITY;
  (B) HAS A TERMINAL ILLNESS; AND
  (C) HAS VOLUNTARILY  MADE  THE  REQUEST  FOR  AID-IN-DYING  MEDICATION
PURSUANT TO THIS ARTICLE;

S. 3685                             4

  2.  ENSURE  TO  THE  GREATEST  DEGREE  POSSIBLE THAT THE INDIVIDUAL IS
MAKING AN INFORMED DECISION BY DISCUSSING WITH THE INDIVIDUAL:
  (A) THE INDIVIDUAL'S MEDICAL DIAGNOSIS AND PROGNOSIS;
  (B)  THE POTENTIAL RISKS ASSOCIATED WITH TAKING THE AID-IN-DYING MEDI-
CATION TO BE PRESCRIBED;
  (C) THE PROBABLE RESULT OF TAKING THE AID-IN-DYING  MEDICATION  TO  BE
PRESCRIBED;
  (D) THE POSSIBILITY THAT THEY CAN CHOOSE TO OBTAIN THE MEDICATION, BUT
NOT TAKE IT; AND
  (E)  THE  FEASIBLE ALTERNATIVES OR ADDITIONAL TREATMENT OPPORTUNITIES,
INCLUDING BUT NOT LIMITED  TO  COMFORT  CARE,  HOSPICE  CARE,  AND  PAIN
MANAGEMENT;
  3.  REFER THE INDIVIDUAL TO A CONSULTING PHYSICIAN FOR MEDICAL CONFIR-
MATION OF THE DIAGNOSIS, AND FOR A  DETERMINATION  THAT  THE  INDIVIDUAL
POSSESSES CAPACITY AND IS ACTING VOLUNTARILY;
  4.  REFER  THE  INDIVIDUAL  TO COUNSELING, IF APPROPRIATE, PURSUANT TO
SECTION TWENTY-NINE HUNDRED NINETY-FOUR-HHH OF THIS ARTICLE;
  5. ENSURE TO  THE  GREATEST  DEGREE  POSSIBLE  THAT  THE  INDIVIDUAL'S
REQUEST  DOES  NOT  ARISE  FROM  COERCION  OR UNDUE INFLUENCE BY ANOTHER
PERSON;
  6. COUNSEL THE INDIVIDUAL ABOUT THE IMPORTANCE OF:
  (A) HAVING ANOTHER PERSON PRESENT  WHEN  THEY  TAKE  THE  AID-IN-DYING
MEDICATION PRESCRIBED PURSUANT TO THIS ARTICLE; AND
  (B) NOT TAKING THE AID-IN-DYING MEDICATION IN A PUBLIC PLACE;
  7.  INFORM  THE  INDIVIDUAL  THAT  THEY  MAY  RESCIND  THE REQUEST FOR
AID-IN-DYING MEDICATION AT ANY TIME AND IN ANY MANNER;
  8. OFFER THE INDIVIDUAL AN OPPORTUNITY  TO  RESCIND  THE  REQUEST  FOR
MEDICATION BEFORE PRESCRIBING THE AID-IN-DYING MEDICATION;
  9.  VERIFY,  IMMEDIATELY PRIOR TO WRITING THE PRESCRIPTION FOR MEDICA-
TION, THAT THE INDIVIDUAL IS MAKING AN INFORMED DECISION;
  10. ENSURE THAT ALL APPROPRIATE STEPS ARE CARRIED  OUT  IN  ACCORDANCE
WITH THIS ARTICLE BEFORE WRITING A PRESCRIPTION FOR AID-IN-DYING MEDICA-
TION; AND
  11.  PRESCRIBE AID-IN-DYING MEDICATION BY, WITH THE QUALIFIED INDIVID-
UAL'S WRITTEN CONSENT, CONTACTING A PHARMACIST, INFORMING THE PHARMACIST
OF THE PRESCRIPTION, AND FORWARDING  THE  WRITTEN  PRESCRIPTION  TO  THE
PHARMACIST,  WHO  SHALL DISPENSE THE MEDICATIONS TO EITHER THE QUALIFIED
INDIVIDUAL OR A PERSON EXPRESSLY DESIGNATED BY THE QUALIFIED INDIVIDUAL.
  S 2994-FFF. DEATH CERTIFICATE. 1. UNLESS OTHERWISE PROHIBITED BY  LAW,
THE  ATTENDING  PHYSICIAN  MAY  SIGN  THE  QUALIFIED  INDIVIDUAL'S DEATH
CERTIFICATE.
  2. THE CAUSE OF DEATH LISTED ON A QUALIFIED INDIVIDUAL'S DEATH CERTIF-
ICATE WHO USES AID-IN-DYING MEDICATION WILL BE THE  UNDERLYING  TERMINAL
ILLNESS.
  S  2994-GGG.  CONSULTING  PHYSICIAN  CONFIRMATION. BEFORE A PATIENT IS
QUALIFIED UNDER THE PROVISIONS OF THIS ARTICLE, A  CONSULTING  PHYSICIAN
SHALL  EXAMINE  THE  PATIENT AND HIS OR HER RELEVANT MEDICAL RECORDS AND
CONFIRM, IN  WRITING,  THE  ATTENDING  PHYSICIAN'S  DIAGNOSIS  THAT  THE
PATIENT  IS  SUFFERING  FROM  A  TERMINAL  DISEASE,  AND VERIFY THAT THE
PATIENT IS CAPABLE, IS ACTING VOLUNTARILY AND HAS MADE AN INFORMED DECI-
SION.
  S 2994-HHH. COUNSELING REFERRAL. IF IN THE OPINION  OF  THE  ATTENDING
PHYSICIAN  OR  THE  CONSULTING  PHYSICIAN AN INDIVIDUAL MAY BE SUFFERING
FROM A PSYCHIATRIC  OR  PSYCHOLOGICAL  DISORDER  OR  DEPRESSION  CAUSING
IMPAIRED  JUDGMENT,  EITHER  PHYSICIAN SHALL REFER THE PATIENT FOR COUN-
SELING. NO AID-IN-DYING MEDICATION SHALL BE PRESCRIBED UNTIL THE  PERSON

S. 3685                             5

PERFORMING  THE  COUNSELING DETERMINES THAT THE PATIENT IS NOT SUFFERING
FROM A PSYCHIATRIC  OR  PSYCHOLOGICAL  DISORDER  OR  DEPRESSION  CAUSING
IMPAIRED JUDGMENT.
  S  2994-III. INFORMED DECISION REQUIRED. AN INDIVIDUAL MAY NOT RECEIVE
A PRESCRIPTION FOR AID-IN-DYING  MEDICATION  PURSUANT  TO  THIS  ARTICLE
UNLESS THEY HAVE MADE AN INFORMED DECISION AS DEFINED IN THIS ARTICLE.
  S  2994-JJJ. FORM OF REQUEST. 1. A REQUEST FOR AID-IN-DYING MEDICATION
AS AUTHORIZED BY THIS ARTICLE MUST BE  IN  SUBSTANTIALLY  THE  FOLLOWING
FORM:

                  REQUEST FOR MEDICATION TO END MY LIFE
                    IN A HUMANE AND DIGNIFIED MANNER

  I, _________________________________, AM AN ADULT OF SOUND MIND.
I AM SUFFERING FROM ______________________________________________,
WHICH MY ATTENDING PHYSICIAN HAS DETERMINED IS IN ITS TERMINAL PHASE AND
WHICH HAS BEEN MEDICALLY CONFIRMED.
  I  HAVE  BEEN FULLY INFORMED OF MY DIAGNOSIS AND PROGNOSIS, THE NATURE
OF THE AID-IN-DYING MEDICATION TO BE PRESCRIBED AND POTENTIAL ASSOCIATED
RISKS, THE EXPECTED RESULT, AND THE FEASIBLE ALTERNATIVES OR  ADDITIONAL
TREATMENT  OPPORTUNITIES  INCLUDING  COMFORT CARE, HOSPICE CARE AND PAIN
MANAGEMENT.
  I REQUEST THAT MY ATTENDING PHYSICIAN PRESCRIBE MEDICATION  THAT  WILL
END MY LIFE IN A HUMANE AND DIGNIFIED MANNER IF I CHOOSE TO TAKE IT, AND
I  AUTHORIZE  MY  ATTENDING PHYSICIAN TO CONTACT ANY PHARMACIST ABOUT MY
REQUEST.
INITIAL ONE:
      I HAVE INFORMED MY FAMILY OF MY DECISION AND TAKEN THEIR  OPINIONS
INTO CONSIDERATION.
      I HAVE DECIDED NOT TO INFORM MY FAMILY OF MY DECISION.
      I HAVE NO FAMILY TO INFORM OF MY DECISION.
  I  UNDERSTAND  THAT  I  HAVE  THE RIGHT TO RESCIND THIS REQUEST AT ANY
TIME.
  I UNDERSTAND THE FULL IMPORT OF THIS REQUEST, AND I EXPECT TO DIE IF I
TAKE THE AID-IN-DYING MEDICATION TO BE PRESCRIBED. I FURTHER  UNDERSTAND
THAT  ALTHOUGH  MOST  DEATHS OCCUR WITHIN THREE HOURS, MY DEATH MAY TAKE
LONGER, AND MY ATTENDING PHYSICIAN HAS COUNSELED ME ABOUT THIS POSSIBIL-
ITY.
  I MAKE THIS REQUEST VOLUNTARILY AND WITHOUT RESERVATION, AND I  ACCEPT
FULL MORAL RESPONSIBILITY FOR MY ACTIONS.
SIGNED: ___________________
DATED: ___________________
  2. PURSUANT TO PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION TWENTY-NINE
HUNDRED  NINETY-FOUR-CCC  OF  THIS  ARTICLE,  EACH WITNESS MUST COMPLETE
DOCUMENTATION IN SUBSTANTIALLY THE FOLLOWING FORM:

                        DECLARATION OF WITNESSES

  WE DECLARE THAT THE PERSON SIGNING THIS REQUEST:
  (A) IS PERSONALLY KNOWN TO US OR HAS PROVIDED PROOF OF IDENTITY;
  (B) SIGNED THIS REQUEST IN OUR PRESENCE;
  (C) IS AN INDIVIDUAL WHOM WE BELIEVE TO BE OF SOUND MIND AND NOT UNDER
DURESS, FRAUD, OR UNDUE INFLUENCE; AND
  (D) IS NOT AN INDIVIDUAL FOR WHOM EITHER OF US IS THE ATTENDING PHYSI-
CIAN.
  ______________________ WITNESS 1, DATE: _______

S. 3685                             6

  ______________________ WITNESS 2, DATE: _______
  NOTE:  ONE  WITNESS  MAY  NOT  BE  A  RELATIVE  (BY BLOOD, MARRIAGE OR
ADOPTION) OF THE PERSON SIGNING THIS REQUEST, MAY NOT BE ENTITLED TO ANY
PORTION OF THE PERSON'S ESTATE UPON DEATH, AND MAY NOT OWN, OPERATE,  OR
BE  EMPLOYED  AT  A HEALTHCARE FACILITY WHERE THE PERSON IS A PATIENT OR
WHERE THE PERSON RESIDES.
  S 2994-KKK. STANDARD OF CARE. PHYSICIANS AND MEDICAL  PERSONNEL  SHALL
PROVIDE  MEDICAL  SERVICES  UNDER THIS ARTICLE THAT MEET THE STANDARD OF
CARE FOR END OF LIFE MEDICAL CARE.
  S 2994-LLL. EFFECT ON CONSTRUCTION OF WILLS, CONTRACTS  AND  STATUTES.
1.  A  PROVISION IN A CONTRACT, WILL OR OTHER AGREEMENT, WHETHER WRITTEN
OR ORAL, TO THE EXTENT THE PROVISION WOULD AFFECT WHETHER A  PERSON  MAY
MAKE OR RESCIND A REQUEST FOR AID-IN-DYING MEDICATION, IS NOT VALID.
  2.  AN  OBLIGATION OWING UNDER ANY CURRENTLY EXISTING CONTRACT MAY NOT
BE CONDITIONED OR AFFECTED BY  AN  INDIVIDUAL  MAKING  OR  RESCINDING  A
REQUEST FOR AID-IN-DYING MEDICATION.
  S 2994-MMM. INSURANCE OR ANNUITY POLICIES. 1. THE SALE, PROCUREMENT OR
ISSUANCE  OF  A LIFE, HEALTH OR ACCIDENT INSURANCE OR ANNUITY POLICY, OR
THE RATE CHARGED FOR A POLICY MAY NOT BE CONDITIONED UPON OR AFFECTED BY
A PERSON MAKING OR RESCINDING A REQUEST FOR AID-IN-DYING MEDICATION.
  2. A QUALIFIED INDIVIDUAL'S  ACT  OF  SELF-ADMINISTERING  AID-IN-DYING
MEDICATION  MAY  NOT  HAVE  AN  EFFECT  UPON A LIFE, HEALTH, OR ACCIDENT
INSURANCE OR ANNUITY POLICY OTHER THAN THAT OF A NATURAL DEATH FROM  THE
UNDERLYING ILLNESS.
  S  2994-NNN. IMMUNITIES; PROHIBITIONS ON CERTAIN HEALTHCARE PROVIDERS;
NOTIFICATION; PERMISSIBLE SANCTIONS. 1. A PERSON IS NOT SUBJECT TO CIVIL
OR CRIMINAL LIABILITY OR PROFESSIONAL DISCIPLINARY  ACTION  FOR  PARTIC-
IPATING  IN  GOOD FAITH COMPLIANCE WITH THIS ARTICLE, INCLUDING AN INDI-
VIDUAL WHO IS PRESENT WHEN A QUALIFIED INDIVIDUAL  SELF-ADMINISTERS  THE
PRESCRIBED AID-IN-DYING MEDICATION.
  2.  A  HEALTHCARE PROVIDER OR PROFESSIONAL ORGANIZATION OR ASSOCIATION
MAY NOT SUBJECT AN INDIVIDUAL TO CENSURE, DISCIPLINE,  SUSPENSION,  LOSS
OF  LICENSE, LOSS OF PRIVILEGES, LOSS OF MEMBERSHIP OR OTHER PENALTY FOR
PARTICIPATING OR REFUSING TO PARTICIPATE IN GOOD FAITH  COMPLIANCE  WITH
THIS ARTICLE.
  3.  A REQUEST BY AN INDIVIDUAL FOR OR PROVISION BY AN ATTENDING PHYSI-
CIAN OF MEDICATION IN GOOD FAITH COMPLIANCE WITH THE PROVISIONS OF  THIS
ARTICLE  DOES  NOT  CONSTITUTE NEGLECT OR ELDER ABUSE FOR ANY PURPOSE OF
LAW, OR PROVIDE THE SOLE BASIS FOR THE  APPOINTMENT  OF  A  GUARDIAN  OR
CONSERVATOR.
  4.  A HEALTHCARE PROVIDER MAY CHOOSE WHETHER TO PARTICIPATE IN PROVID-
ING AID-IN-DYING MEDICATION TO A QUALIFIED INDIVIDUAL PURSUANT  TO  THIS
ARTICLE. IF A HEALTHCARE PROVIDER IS UNABLE OR UNWILLING TO CARRY OUT AN
INDIVIDUAL'S  REQUEST  UNDER  THIS  ARTICLE AND THE INDIVIDUAL TRANSFERS
CARE TO A NEW HEALTHCARE PROVIDER, THE PRIOR HEALTHCARE  PROVIDER  SHALL
TRANSFER,  UPON  REQUEST,  A  COPY  OF THE INDIVIDUAL'S RELEVANT MEDICAL
RECORDS TO THE NEW HEALTHCARE PROVIDER.
  5. NOTHING IN THIS SECTION SHALL PREVENT A  HEALTHCARE  PROVIDER  FROM
PROVIDING  AN INDIVIDUAL WITH HEALTHCARE SERVICES THAT DO NOT CONSTITUTE
PARTICIPATION IN THIS ARTICLE.
  S 2994-OOO. NON-SANCTIONABLE ACTIVITIES. A HEALTHCARE PROVIDER MAY NOT
BE SANCTIONED FOR:
  1. MAKING AN INITIAL DETERMINATION THAT AN INDIVIDUAL HAS  A  TERMINAL
ILLNESS AND INFORMING THEM OF THE MEDICAL PROGNOSIS;
  2. PROVIDING INFORMATION ABOUT THE NEW YORK END OF LIFE OPTIONS ACT TO
A PATIENT UPON THE REQUEST OF THE INDIVIDUAL;

S. 3685                             7

  3.  PROVIDING  AN INDIVIDUAL, UPON REQUEST, WITH A REFERRAL TO ANOTHER
PHYSICIAN; OR
  4.  CONTRACTING WITH AN INDIVIDUAL TO ACT OUTSIDE THE COURSE AND SCOPE
OF THE PROVIDER'S CAPACITY AS AN EMPLOYEE OR INDEPENDENT CONTRACTOR OF A
HEALTHCARE PROVIDER THAT PROHIBITS ACTIVITIES UNDER THIS ARTICLE.
  S 2994-PPP. PENALTIES. 1. A PERSON WHO WITHOUT  AUTHORIZATION  OF  THE
QUALIFIED INDIVIDUAL WILLFULLY ALTERS OR FORGES A REQUEST FOR MEDICATION
OR  CONCEALS OR DESTROYS A RESCISSION OF THAT REQUEST WITH THE INTENT OR
EFFECT OF CAUSING THE QUALIFIED INDIVIDUAL'S DEATH IS GUILTY OF A  CLASS
A FELONY.
  2. A PERSON WHO COERCES OR EXERTS UNDUE INFLUENCE ON A QUALIFIED INDI-
VIDUAL  TO REQUEST MEDICATION TO END THE QUALIFIED INDIVIDUAL'S LIFE, OR
TO DESTROY A RESCISSION OF A REQUEST, IS GUILTY OF A CLASS A FELONY.
  3. EXCEPT AS PROVIDED IN SUBDIVISIONS ONE AND TWO OF THIS SECTION,  IT
SHALL BE A CLASS A MISDEMEANOR FOR A PERSON WITHOUT AUTHORIZATION OF THE
INDIVIDUAL  TO WILLFULLY ALTER, FORGE, CONCEAL OR DESTROY AN INSTRUMENT,
THE REINSTATEMENT OR REVOCATION OF AN INSTRUMENT, OR ANY OTHER  EVIDENCE
OR  DOCUMENT  REFLECTING THE INDIVIDUAL'S DESIRES AND INTERESTS WITH THE
INTENT OR EFFECT OF AFFECTING A HEALTHCARE DECISION.
  4. THIS ARTICLE DOES NOT LIMIT FURTHER  LIABILITY  FOR  CIVIL  DAMAGES
RESULTING  FROM OTHER NEGLIGENT CONDUCT OR INTENTIONAL MISCONDUCT BY ANY
PERSON.
  5. THE PENALTIES IN THIS ARTICLE DO NOT  PRECLUDE  CRIMINAL  PENALTIES
APPLICABLE  UNDER OTHER PROVISIONS OF LAW FOR CONDUCT THAT IS INCONSIST-
ENT WITH THIS ARTICLE.
  S 2994-QQQ. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH,  SECTION
OR  PART  OF  THIS  ARTICLE  SHALL BE ADJUDGED BY ANY COURT OF COMPETENT
JURISDICTION TO BE INVALID, SUCH JUDGMENT SHALL NOT  AFFECT,  IMPAIR  OR
INVALIDATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERATION
TO  THE  CLAUSE,  SENTENCE, PARAGRAPH, SECTION OR PART THEREOF, DIRECTLY
INVOLVED IN THE CONTROVERSY IN  WHICH  SUCH  JUDGMENT  SHALL  HAVE  BEEN
RENDERED.
  S  3.  This act shall take effect on the ninetieth day next succeeding
the date upon which it shall have become a law.

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