The New York State Senate

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

                                 3151--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 20, 2017
                               ___________

Introduced by Sens. SAVINO, ALCANTARA, DILAN, HAMILTON, HOYLMAN, KRUEGER
  -- read twice and ordered printed, and when printed to be committed to
  the  Committee  on Health -- recommitted to the Committee on Health in
  accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the public health law, in relation to a  terminally  ill
  patient's request for and use of medication for medical aid in dying

  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  "medical
aid in dying act".
  §  2. The public health law is amended by adding a new article 28-F to
read as follows:
                              ARTICLE 28-F
                          MEDICAL AID IN DYING
SECTION 2899-D. DEFINITIONS.
        2899-E. REQUEST PROCESS.
        2899-F. ATTENDING PHYSICIAN RESPONSIBILITIES.
        2899-G. RIGHT TO RESCIND REQUEST; REQUIREMENT TO OFFER  OPPORTU-
                  NITY TO RESCIND.
        2899-H. CONSULTING PHYSICIAN RESPONSIBILITIES.
        2899-I. REFERRAL TO MENTAL HEALTH PROFESSIONAL.
        2899-J. MEDICAL RECORD DOCUMENTATION REQUIREMENTS.
        2899-K. FORM OF WRITTEN REQUEST AND WITNESS ATTESTATION.
        2899-L. PROTECTION AND IMMUNITIES.
        2899-M. PERMISSIBLE REFUSALS AND PROHIBITIONS.
        2899-N. RELATION TO OTHER LAWS AND CONTRACTS.
        2899-O. SAFE DISPOSAL OF UNUSED MEDICATIONS.
        2899-P. DEATH CERTIFICATE.
        2899-Q. REPORTING.

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

                                                           LBD01103-13-8

S. 3151--A                          2

        2899-R. PENALTIES.
        2899-S. SEVERABILITY.
  § 2899-D. DEFINITIONS. AS USED IN THIS ARTICLE:
  1. "ADULT" MEANS AN INDIVIDUAL WHO IS EIGHTEEN YEARS OF AGE OR OLDER.
  2. "ATTENDING PHYSICIAN" MEANS THE PHYSICIAN WHO HAS PRIMARY RESPONSI-
BILITY FOR THE CARE OF THE PATIENT AND TREATMENT OF THE PATIENT'S TERMI-
NAL ILLNESS OR CONDITION.
  3.  "CAPACITY"  MEANS  THE  ABILITY  TO  UNDERSTAND AND APPRECIATE THE
NATURE AND CONSEQUENCES OF HEALTH CARE DECISIONS, INCLUDING THE BENEFITS
AND RISKS OF AND ALTERNATIVES TO ANY PROPOSED HEALTH CARE, AND TO  REACH
AN INFORMED DECISION.
  4.    "CONSULTING  PHYSICIAN"  MEANS  A  PHYSICIAN WHO IS QUALIFIED BY
SPECIALTY OR EXPERIENCE TO MAKE A PROFESSIONAL DIAGNOSIS  AND  PROGNOSIS
REGARDING A PERSON'S TERMINAL ILLNESS OR CONDITION.
  5.  "HEALTH  CARE FACILITY" MEANS A GENERAL HOSPITAL, NURSING HOME, OR
RESIDENTIAL HEALTH CARE FACILITY  AS  DEFINED  IN  SECTION  TWENTY-EIGHT
HUNDRED ONE OF THIS CHAPTER.
  6.  "HEALTH  CARE  PROVIDER"  MEANS  A  PERSON LICENSED, CERTIFIED, OR
AUTHORIZED BY LAW TO ADMINISTER HEALTH CARE OR  DISPENSE  MEDICATION  IN
THE ORDINARY COURSE OF BUSINESS OR PRACTICE OF A PROFESSION.
  7.  "INFORMED DECISION" MEANS A DECISION BY A PATIENT WHO IS SUFFERING
FROM   A   TERMINAL  ILLNESS  OR  CONDITION  TO  REQUEST  AND  OBTAIN  A
PRESCRIPTION FOR MEDICATION THAT THE PATIENT MAY SELF-ADMINISTER TO  END
THE  PATIENT'S LIFE THAT IS BASED ON AN UNDERSTANDING AND ACKNOWLEDGMENT
OF THE RELEVANT FACTS AND THAT IS MADE VOLUNTARILY, OF THE PATIENT'S OWN
VOLITION AND WITHOUT COERCION, AFTER BEING FULLY INFORMED OF:
  (A) THE PATIENT'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  THE  PATIENT MAY CHOOSE NOT TO OBTAIN THE
MEDICATION, OR MAY OBTAIN THE MEDICATION BUT MAY DECIDE NOT TO  SELF-AD-
MINISTER IT; AND
  (E)  THE  FEASIBLE  ALTERNATIVES  AND  APPROPRIATE  TREATMENT OPTIONS,
INCLUDING BUT NOT LIMITED TO PALLIATIVE CARE AND HOSPICE CARE.
  8. "MEDICAL AID IN DYING" MEANS THE MEDICAL PRACTICE  OF  A  PHYSICIAN
PRESCRIBING MEDICATION TO A QUALIFIED INDIVIDUAL THAT THE INDIVIDUAL MAY
CHOOSE TO SELF-ADMINISTER TO BRING ABOUT DEATH.
  9.  "MEDICALLY  CONFIRMED"  MEANS THE MEDICAL OPINION OF THE ATTENDING
PHYSICIAN THAT A PATIENT HAS A TERMINAL ILLNESS  OR  CONDITION  AND  HAS
MADE  AN  INFORMED  DECISION  WHICH  HAS  BEEN CONFIRMED BY A CONSULTING
PHYSICIAN WHO HAS  EXAMINED  THE  PATIENT  AND  THE  PATIENT'S  RELEVANT
MEDICAL RECORDS.
  10. "MEDICATION" MEANS MEDICATION PRESCRIBED BY A PHYSICIAN UNDER THIS
ARTICLE.
  11.  "MENTAL HEALTH PROFESSIONAL" MEANS A PHYSICIAN, NURSE PRACTITION-
ER, PHYSICIAN ASSISTANT OR PSYCHOLOGIST, LICENSED OR CERTIFIED UNDER THE
EDUCATION LAW ACTING WITHIN HIS OR HER SCOPE  OF  PRACTICE  AND  WHO  IS
QUALIFIED,  BY  TRAINING AND EXPERIENCE, CERTIFICATION, OR BOARD CERTIF-
ICATION OR ELIGIBILITY, TO MAKE A DETERMINATION  UNDER  SECTION  TWENTY-
EIGHT  HUNDRED  NINETY-NINE-I OF THIS ARTICLE; PROVIDED THAT IN THE CASE
OF A NURSE PRACTITIONER OR PHYSICIAN ASSISTANT, THE  PROFESSIONAL  SHALL
NOT HAVE A COLLABORATIVE AGREEMENT OR COLLABORATIVE RELATIONSHIP WITH OR
BE SUPERVISED BY THE ATTENDING PHYSICIAN OR CONSULTING PHYSICIAN.
  12. "PALLIATIVE CARE" MEANS HEALTH CARE TREATMENT, INCLUDING INTERDIS-
CIPLINARY  END-OF-LIFE  CARE,  AND CONSULTATION WITH PATIENTS AND FAMILY

S. 3151--A                          3

MEMBERS, TO PREVENT OR RELIEVE PAIN AND SUFFERING  AND  TO  ENHANCE  THE
PATIENT'S QUALITY OF LIFE, INCLUDING HOSPICE CARE UNDER ARTICLE FORTY OF
THIS CHAPTER.
  13.  "PATIENT"  MEANS  A  PERSON WHO IS EIGHTEEN YEARS OF AGE OR OLDER
UNDER THE CARE OF A PHYSICIAN.
  14. "PHYSICIAN" MEANS AN INDIVIDUAL LICENSED TO PRACTICE  MEDICINE  IN
NEW YORK STATE.
  15.  "QUALIFIED INDIVIDUAL" MEANS A PATIENT WITH A TERMINAL ILLNESS OR
CONDITION, WHO HAS CAPACITY, HAS MADE  AN  INFORMED  DECISION,  AND  HAS
SATISFIED  THE  REQUIREMENTS  OF  THIS  ARTICLE  IN  ORDER  TO  OBTAIN A
PRESCRIPTION FOR MEDICATION.
  16. "SELF-ADMINISTER"  MEANS  A  QUALIFIED  INDIVIDUAL'S  AFFIRMATIVE,
CONSCIOUS, AND VOLUNTARY ACT OF USING MEDICATION UNDER THIS ARTICLE.
  17.  "TERMINAL  ILLNESS OR CONDITION" MEANS AN INCURABLE AND IRREVERS-
IBLE ILLNESS OR CONDITION THAT HAS BEEN MEDICALLY  CONFIRMED  AND  WILL,
WITHIN REASONABLE MEDICAL JUDGMENT, PRODUCE DEATH WITHIN SIX MONTHS.
  § 2899-E. REQUEST  PROCESS.    1.  ORAL AND WRITTEN REQUEST. A PATIENT
WISHING TO REQUEST MEDICATION UNDER THIS  ARTICLE  SHALL  MAKE  AN  ORAL
REQUEST  AND  SUBMIT A WRITTEN REQUEST TO THE PATIENT'S ATTENDING PHYSI-
CIAN.
  2. MAKING A WRITTEN REQUEST. A PATIENT MAY MAKE A WRITTEN REQUEST  FOR
AND  CONSENT TO SELF-ADMINISTER MEDICATION FOR THE PURPOSE OF ENDING HIS
OR HER LIFE IN ACCORDANCE WITH THIS ARTICLE IF THE PATIENT:
  (A) HAS BEEN DETERMINED BY THE ATTENDING PHYSICIAN TO HAVE A  TERMINAL
ILLNESS  OR  CONDITION  AND  WHICH  HAS  BEEN  MEDICALLY  CONFIRMED BY A
CONSULTING PHYSICIAN; AND
  (B) BASED ON AN  INFORMED  DECISION,  EXPRESSES  VOLUNTARILY,  OF  THE
PATIENT'S  OWN  VOLITION AND WITHOUT COERCION THE REQUEST FOR MEDICATION
TO END HIS OR HER LIFE.
  3. WRITTEN REQUEST SIGNED AND WITNESSED. (A)  A  WRITTEN  REQUEST  FOR
MEDICATION  UNDER  THIS ARTICLE SHALL BE SIGNED AND DATED BY THE PATIENT
AND WITNESSED BY AT LEAST  TWO  ADULTS  WHO,  IN  THE  PRESENCE  OF  THE
PATIENT,  ATTEST THAT TO THE BEST OF HIS OR HER KNOWLEDGE AND BELIEF THE
PATIENT HAS CAPACITY, IS ACTING VOLUNTARILY, IS MAKING THE  REQUEST  FOR
MEDICATION  OF  HIS OR HER OWN VOLITION AND IS NOT BEING COERCED TO SIGN
THE REQUEST. THE WRITTEN REQUEST SHALL  BE  IN  SUBSTANTIALLY  THE  FORM
DESCRIBED IN SECTION TWENTY-EIGHT HUNDRED NINETY-NINE-K OF THIS ARTICLE.
  (B) ONE OF THE WITNESSES SHALL BE AN ADULT WHO IS NOT:
  (I) A RELATIVE OF THE PATIENT BY BLOOD, MARRIAGE OR ADOPTION;
  (II)  A PERSON WHO AT THE TIME THE REQUEST IS SIGNED WOULD BE ENTITLED
TO ANY PORTION OF THE ESTATE OF THE PATIENT UPON DEATH UNDER ANY WILL OR
BY OPERATION OF LAW; OR
  (III) AN OWNER, OPERATOR, EMPLOYEE  OR  INDEPENDENT  CONTRACTOR  OF  A
HEALTH  CARE  FACILITY  WHERE THE PATIENT IS RECEIVING TREATMENT OR IS A
RESIDENT.
  (C) THE ATTENDING PHYSICIAN, CONSULTING PHYSICIAN AND, IF  APPLICABLE,
THE  MENTAL HEALTH PROFESSIONAL WHO PROVIDES A CAPACITY DETERMINATION OF
THE PATIENT UNDER THIS ARTICLE SHALL NOT BE A WITNESS.
  4. NO PERSON SHALL QUALIFY FOR MEDICAL AID IN DYING UNDER THIS ARTICLE
SOLELY BECAUSE OF AGE OR DISABILITY.
  § 2899-F. ATTENDING  PHYSICIAN  RESPONSIBILITIES.  1.  THE   ATTENDING
PHYSICIAN  SHALL  EXAMINE  THE  PATIENT  AND HIS OR HER RELEVANT MEDICAL
RECORDS AND:
  (A) MAKE A DETERMINATION OF WHETHER A PATIENT HAS A  TERMINAL  ILLNESS
OR  CONDITION,  HAS CAPACITY, HAS MADE AN INFORMED DECISION AND HAS MADE

S. 3151--A                          4

THE REQUEST VOLUNTARILY OF THE PATIENT'S OWN VOLITION AND WITHOUT  COER-
CION;
  (B)  INFORM  THE  PATIENT  OF  THE  REQUIREMENT UNDER THIS ARTICLE FOR
CONFIRMATION BY A CONSULTING PHYSICIAN,  AND  REFER  THE  PATIENT  TO  A
CONSULTING PHYSICIAN UPON THE PATIENT'S REQUEST;
  (C)  REFER  THE  PATIENT  TO  A MENTAL HEALTH PROFESSIONAL PURSUANT TO
SECTION TWENTY-EIGHT  HUNDRED  NINETY-NINE-I  OF  THIS  ARTICLE  IF  THE
ATTENDING  PHYSICIAN BELIEVES THAT THE PATIENT MAY LACK CAPACITY TO MAKE
AN INFORMED DECISION;
  (D) PROVIDE  INFORMATION  AND  COUNSELING  UNDER  SECTION  TWENTY-NINE
HUNDRED NINETY-SEVEN-C OF THIS CHAPTER;
  (E) ENSURE THAT THE PATIENT IS MAKING AN INFORMED DECISION BY DISCUSS-
ING WITH THE PATIENT: (I) THE PATIENT'S MEDICAL DIAGNOSIS AND PROGNOSIS;
(II)  THE  POTENTIAL  RISKS  ASSOCIATED WITH TAKING THE MEDICATION TO BE
PRESCRIBED; (III) THE PROBABLE RESULT OF TAKING  THE  MEDICATION  TO  BE
PRESCRIBED;  (IV)  THE POSSIBILITY THAT THE PATIENT MAY CHOOSE TO OBTAIN
THE MEDICATION BUT NOT TAKE IT; AND (V) THE  FEASIBLE  ALTERNATIVES  AND
APPROPRIATE TREATMENT OPTIONS, INCLUDING BUT NOT LIMITED TO (1) INFORMA-
TION  AND  COUNSELING  REGARDING PALLIATIVE AND HOSPICE CARE AND END-OF-
LIFE OPTIONS APPROPRIATE TO THE PATIENT, INCLUDING BUT NOT  LIMITED  TO:
THE  RANGE  OF  OPTIONS APPROPRIATE TO THE PATIENT; THE PROGNOSIS, RISKS
AND BENEFITS OF THE VARIOUS OPTIONS; AND THE PATIENT'S LEGAL  RIGHTS  TO
COMPREHENSIVE  PAIN  AND  SYMPTOM MANAGEMENT AT THE END OF LIFE; AND (2)
INFORMATION REGARDING TREATMENT  OPTIONS  APPROPRIATE  TO  THE  PATIENT,
INCLUDING  THE  PROGNOSIS,  RISKS  AND BENEFITS OF THE VARIOUS TREATMENT
OPTIONS;
  (F) DISCUSS WITH THE PATIENT THE IMPORTANCE OF:
  (I) HAVING ANOTHER PERSON PRESENT WHEN THE PATIENT TAKES  THE  MEDICA-
TION  AND  THE  RESTRICTION  THAT  NO  PERSON OTHER THAN THE PATIENT MAY
ADMINISTER THE MEDICATION;
  (II) NOT TAKING THE MEDICATION IN A PUBLIC PLACE; AND
  (III) INFORMING THE PATIENT'S FAMILY  OF  THE  PATIENT'S  DECISION  TO
REQUEST  AND TAKE MEDICATION THAT WILL END THE PATIENT'S LIFE; A PATIENT
WHO DECLINES OR IS UNABLE TO NOTIFY FAMILY SHALL NOT  HAVE  HIS  OR  HER
REQUEST FOR MEDICATION DENIED FOR THAT REASON;
  (G)  INFORM  THE  PATIENT  THAT  HE OR SHE MAY RESCIND THE REQUEST FOR
MEDICATION AT ANY TIME AND IN ANY MANNER;
  (H) FULFILL THE MEDICAL RECORD DOCUMENTATION REQUIREMENTS  OF  SECTION
TWENTY-EIGHT HUNDRED NINETY-NINE-J OF THIS ARTICLE; AND
  (I)  ENSURE  THAT  ALL APPROPRIATE STEPS ARE CARRIED OUT IN ACCORDANCE
WITH THIS ARTICLE BEFORE WRITING A PRESCRIPTION FOR MEDICATION.
  2. UPON RECEIVING  CONFIRMATION  FROM  A  CONSULTING  PHYSICIAN  UNDER
SECTION  TWENTY-EIGHT  HUNDRED NINETY-NINE-H OF THIS ARTICLE AND SUBJECT
TO SECTION TWENTY-EIGHT  HUNDRED  NINETY-NINE-I  OF  THIS  ARTICLE,  THE
ATTENDING  PHYSICIAN  WHO  DETERMINES  THAT  THE  PATIENT HAS A TERMINAL
ILLNESS OR CONDITION, HAS CAPACITY AND HAS MADE A VOLUNTARY REQUEST  FOR
MEDICATION  AS  PROVIDED IN THIS ARTICLE, MAY PERSONALLY, OR BY REFERRAL
TO ANOTHER PHYSICIAN,  PRESCRIBE  OR  ORDER  APPROPRIATE  MEDICATION  IN
ACCORDANCE  WITH  THE  PATIENT'S  REQUEST UNDER THIS ARTICLE, AND AT THE
PATIENT'S REQUEST, FACILITATE THE FILLING OF THE PRESCRIPTION AND DELIV-
ERY OF THE MEDICATION TO THE PATIENT.
  3. IN ACCORDANCE WITH THE DIRECTION OF  THE  PRESCRIBING  OR  ORDERING
PHYSICIAN  AND THE CONSENT OF THE PATIENT, THE PATIENT MAY SELF-ADMINIS-
TER THE MEDICATION TO HIMSELF OR HERSELF. A HEALTH CARE PROFESSIONAL  OR
OTHER PERSON SHALL NOT ADMINISTER THE MEDICATION TO THE PATIENT.

S. 3151--A                          5

  § 2899-G. RIGHT  TO  RESCIND REQUEST; REQUIREMENT TO OFFER OPPORTUNITY
TO RESCIND.  1. A PATIENT MAY AT ANY TIME RESCIND HIS OR HER REQUEST FOR
MEDICATION UNDER THIS ARTICLE WITHOUT REGARD TO THE PATIENT'S CAPACITY.
  2.  A  PRESCRIPTION  FOR  MEDICATION  MAY  NOT  BE WRITTEN WITHOUT THE
ATTENDING PHYSICIAN OFFERING THE QUALIFIED INDIVIDUAL AN OPPORTUNITY  TO
RESCIND THE REQUEST.
  § 2899-H. CONSULTING  PHYSICIAN RESPONSIBILITIES. BEFORE A PATIENT WHO
IS REQUESTING MEDICATION MAY RECEIVE A PRESCRIPTION FOR MEDICATION UNDER
THIS ARTICLE, A CONSULTING PHYSICIAN MUST:
  1. EXAMINE THE PATIENT AND HIS OR HER RELEVANT MEDICAL RECORDS;
  2. CONFIRM, IN WRITING, TO THE ATTENDING PHYSICIAN  AND  THE  PATIENT,
WHETHER:  (A)  THE  PATIENT HAS A TERMINAL ILLNESS OR CONDITION; (B) THE
PATIENT IS MAKING AN INFORMED DECISION; (C) THE PATIENT HAS CAPACITY, OR
PROVIDE DOCUMENTATION THAT THE CONSULTING  PHYSICIAN  HAS  REFERRED  THE
PATIENT  FOR  A DETERMINATION UNDER SECTION TWENTY-EIGHT HUNDRED NINETY-
NINE-I OF THIS ARTICLE; AND (D) THE PATIENT IS  ACTING  VOLUNTARILY,  OF
THE PATIENT'S OWN VOLITION AND WITHOUT COERCION.
  § 2899-I. REFERRAL  TO MENTAL HEALTH PROFESSIONAL. 1. IF THE ATTENDING
PHYSICIAN OR THE CONSULTING PHYSICIAN BELIEVES THAT THE PATIENT MAY LACK
CAPACITY, THE ATTENDING PHYSICIAN OR CONSULTING  PHYSICIAN  SHALL  REFER
THE  PATIENT  TO  A  MENTAL  HEALTH  PROFESSIONAL FOR A DETERMINATION OF
WHETHER THE PATIENT HAS CAPACITY  TO  MAKE  AN  INFORMED  DECISION.  THE
REFERRING  PHYSICIAN  SHALL  ADVISE  THE  PATIENT THAT THE REPORT OF THE
MENTAL HEALTH PROFESSIONAL WILL BE PROVIDED TO THE  ATTENDING  PHYSICIAN
AND THE CONSULTING PHYSICIAN.
  2.  A  MENTAL  HEALTH  PROFESSIONAL WHO EVALUATES A PATIENT UNDER THIS
SECTION SHALL REPORT, IN WRITING, TO THE  ATTENDING  PHYSICIAN  AND  THE
CONSULTING  PHYSICIAN,  HIS OR HER INDEPENDENT CONCLUSIONS ABOUT WHETHER
THE PATIENT HAS CAPACITY TO MAKE AN INFORMED DECISION, PROVIDED THAT IF,
AT THE TIME OF THE REPORT, THE PATIENT HAS NOT YET BEEN  REFERRED  TO  A
CONSULTING  PHYSICIAN,  THEN UPON REFERRAL THE ATTENDING PHYSICIAN SHALL
PROVIDE THE CONSULTING PHYSICIAN  WITH  A  COPY  OF  THE  MENTAL  HEALTH
PROFESSIONAL'S REPORT. IF THE MENTAL HEALTH PROFESSIONAL DETERMINES THAT
THE  PATIENT  LACKS  CAPACITY  TO MAKE AN INFORMED DECISION, THE PATIENT
SHALL NOT BE DEEMED A QUALIFIED INDIVIDUAL, AND THE ATTENDING  PHYSICIAN
SHALL NOT PRESCRIBE MEDICATION TO THE PATIENT.
  § 2899-J. MEDICAL  RECORD  DOCUMENTATION  REQUIREMENTS.  AN  ATTENDING
PHYSICIAN SHALL DOCUMENT OR FILE THE FOLLOWING IN THE PATIENT'S  MEDICAL
RECORD:
  1.  THE DATES OF ALL ORAL REQUESTS BY THE PATIENT FOR MEDICATION UNDER
THIS ARTICLE;
  2. THE WRITTEN REQUEST BY THE PATIENT FOR MEDICATION UNDER THIS  ARTI-
CLE,  INCLUDING  THE DECLARATION OF WITNESSES AND INTERPRETER'S DECLARA-
TION, IF APPLICABLE;
  3. THE ATTENDING PHYSICIAN'S DIAGNOSIS AND PROGNOSIS, DETERMINATION OF
CAPACITY, AND DETERMINATION THAT THE PATIENT IS ACTING  VOLUNTARILY,  OF
THE  PATIENT'S  OWN  VOLITION  AND  WITHOUT  COERCION,  AND  HAS MADE AN
INFORMED DECISION;
  4. IF APPLICABLE, WRITTEN CONFIRMATION OF CAPACITY UNDER SECTION TWEN-
TY-EIGHT HUNDRED NINETY-NINE-I OF THIS ARTICLE; AND
  5. A NOTE BY THE ATTENDING PHYSICIAN INDICATING THAT ALL  REQUIREMENTS
UNDER THIS ARTICLE HAVE BEEN MET AND INDICATING THE STEPS TAKEN TO CARRY
OUT  THE  REQUEST,  INCLUDING A NOTATION OF THE MEDICATION PRESCRIBED OR
ORDERED.

S. 3151--A                          6

  § 2899-K. FORM OF  WRITTEN  REQUEST  AND  WITNESS  ATTESTATION.  1.  A
REQUEST  FOR MEDICATION UNDER THIS ARTICLE SHALL BE IN SUBSTANTIALLY THE
FOLLOWING FORM:
                  REQUEST FOR MEDICATION TO END MY LIFE

  I,  _________________________________,  AM  AN ADULT WHO HAS CAPACITY,
WHICH MEANS I UNDERSTAND AND APPRECIATE THE NATURE AND  CONSEQUENCES  OF
HEALTH  CARE DECISIONS, INCLUDING THE BENEFITS AND RISKS OF AND ALTERNA-
TIVES TO ANY PROPOSED HEALTH CARE, AND TO REACH AN INFORMED DECISION AND
TO COMMUNICATE HEALTH CARE DECISIONS TO A PHYSICIAN.
  I HAVE BEEN DIAGNOSED WITH ______________(INSERT DIAGNOSIS), WHICH  MY
ATTENDING  PHYSICIAN  HAS DETERMINED IS A TERMINAL ILLNESS OR CONDITION,
WHICH HAS BEEN MEDICALLY CONFIRMED BY A CONSULTING PHYSICIAN.
  I HAVE BEEN FULLY INFORMED OF MY DIAGNOSIS AND PROGNOSIS,  THE  NATURE
OF  THE  MEDICATION TO BE PRESCRIBED AND POTENTIAL ASSOCIATED RISKS, THE
EXPECTED RESULT, AND THE FEASIBLE  ALTERNATIVES  AND  TREATMENT  OPTIONS
INCLUDING BUT NOT LIMITED TO PALLIATIVE CARE AND HOSPICE CARE.
  I  REQUEST  THAT MY ATTENDING PHYSICIAN PRESCRIBE MEDICATION THAT WILL
END MY LIFE IF I CHOOSE TO TAKE IT, AND I AUTHORIZE MY ATTENDING  PHYSI-
CIAN TO CONTACT ANOTHER PHYSICIAN OR ANY PHARMACIST ABOUT MY REQUEST.

  INITIAL ONE:
  (    )  I  HAVE INFORMED OR INTEND TO INFORM ONE OR MORE MEMBERS OF MY
FAMILY OF MY DECISION.
  (  ) I HAVE DECIDED NOT TO INFORM ANY MEMBER OF MY FAMILY OF MY  DECI-
SION.
  (  ) I HAVE NO FAMILY TO INFORM OF MY DECISION.
  I  UNDERSTAND THAT I HAVE THE RIGHT TO RESCIND THIS REQUEST OR DECLINE
TO USE THE MEDICATION AT ANY TIME.
  I UNDERSTAND THE IMPORTANCE OF THIS REQUEST, AND I EXPECT TO DIE IF  I
TAKE THE 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 POSSIBILITY.
  I MAKE THIS REQUEST VOLUNTARILY, OF MY OWN VOLITION AND WITHOUT  BEING
COERCED, AND I ACCEPT FULL RESPONSIBILITY FOR MY ACTIONS.

SIGNED: __________________________

DATED: ___________________________

                        DECLARATION OF WITNESSES

  I  DECLARE THAT THE PERSON SIGNING THIS "REQUEST FOR MEDICATION TO END
MY LIFE":
  (A) IS PERSONALLY KNOWN TO ME OR HAS PROVIDED PROOF OF IDENTITY;
  (B) VOLUNTARILY SIGNED THE "REQUEST FOR MEDICATION TO END MY LIFE"  IN
MY PRESENCE OR ACKNOWLEDGED TO ME THAT HE OR SHE SIGNED IT; AND
  (C) TO THE BEST OF MY KNOWLEDGE AND BELIEF, HAS CAPACITY AND IS MAKING
THE  "REQUEST  FOR MEDICATION TO END MY LIFE" VOLUNTARILY, OF HIS OR HER
OWN VOLITION AND IS NOT BEING COERCED TO SIGN THE "REQUEST  FOR  MEDICA-
TION TO END MY LIFE".
  I AM NOT THE ATTENDING PHYSICIAN OR CONSULTING PHYSICIAN OF THE PERSON
SIGNING  THE  "REQUEST FOR MEDICATION TO END MY LIFE" OR, IF APPLICABLE,
THE MENTAL HEALTH PROFESSIONAL WHO PROVIDES A CAPACITY DETERMINATION  OF
THE  PERSON  SIGNING  THE "REQUEST FOR MEDICATION TO END MY LIFE" AT THE
TIME THE "REQUEST FOR MEDICATION TO END MY LIFE" WAS SIGNED.

S. 3151--A                          7

  I FURTHER DECLARE UNDER PENALTY OF PERJURY THAT  THE  STATEMENTS  MADE
HEREIN ARE TRUE AND CORRECT AND FALSE STATEMENTS MADE HEREIN ARE PUNISH-
ABLE.

__________________________ WITNESS 1, DATE: ________________

__________________________ (PRINTED NAME)

__________________________ (ADDRESS)

__________________________ (TELEPHONE NUMBER)

  I FURTHER DECLARE THAT I AM NOT (I) RELATED TO THE ABOVE-NAMED PATIENT
BY  BLOOD,  MARRIAGE  OR ADOPTION, (II) ENTITLED AT THE TIME THE PATIENT
SIGNED THE "REQUEST FOR MEDICATION TO END MY LIFE" TO ANY PORTION OF THE
ESTATE OF THE PATIENT UPON HIS/HER DEATH UNDER ANY WILL OR BY  OPERATION
OF  LAW, OR (III) AN OWNER, OPERATOR, EMPLOYEE OR INDEPENDENT CONTRACTOR
OF A HEALTH CARE FACILITY WHERE THE PATIENT IS RECEIVING TREATMENT OR IS
A RESIDENT.

__________________________ WITNESS 2, DATE: _________________

__________________________ (PRINTED NAME)

__________________________ (ADDRESS)

__________________________ (TELEPHONE NUMBER)

  NOTE: ONLY ONE OF THE TWO WITNESSES MAY (I) BE A RELATIVE  (BY  BLOOD,
MARRIAGE  OR ADOPTION) OF THE PERSON SIGNING THE "REQUEST FOR MEDICATION
TO END MY LIFE", (II) BE ENTITLED TO ANY PORTION OF THE PERSON'S  ESTATE
UPON DEATH UNDER ANY WILL OR BY OPERATION OF LAW, OR (III) OWN, OPERATE,
BE  EMPLOYED  OR  BE AN INDEPENDENT CONTRACTOR AT A HEALTH CARE FACILITY
WHERE THE PERSON IS RECEIVING TREATMENT OR IS A RESIDENT.
  2. (A) THE "REQUEST FOR MEDICATION TO END MY LIFE" SHALL BE WRITTEN IN
THE SAME LANGUAGE AS ANY CONVERSATIONS,  CONSULTATIONS,  OR  INTERPRETED
CONVERSATIONS OR CONSULTATIONS BETWEEN A PATIENT AND AT LEAST ONE OF HIS
OR HER ATTENDING OR CONSULTING PHYSICIANS.
  (B)  NOTWITHSTANDING  PARAGRAPH  (A)  OF THIS SUBDIVISION, THE WRITTEN
"REQUEST FOR MEDICATION TO END MY LIFE" MAY BE PREPARED IN ENGLISH  EVEN
WHEN  THE CONVERSATIONS OR CONSULTATIONS OR INTERPRETED CONVERSATIONS OR
CONSULTATIONS WERE CONDUCTED IN A LANGUAGE OTHER THAN  ENGLISH  OR  WITH
AUXILIARY  AIDS  OR  HEARING,  SPEECH  OR  VISUAL  AIDS,  IF THE ENGLISH
LANGUAGE FORM INCLUDES AN ATTACHED DECLARATION BY THE INTERPRETER OF THE
CONVERSATION OR  CONSULTATION,  WHICH  SHALL  BE  IN  SUBSTANTIALLY  THE
FOLLOWING FORM:

                        INTERPRETER'S DECLARATION

  I,  ___________  (INSERT  NAME OF INTERPRETER)_____ ,(MARK AS APPLICA-
BLE):
  (  ) FOR A PATIENT WHOSE CONVERSATIONS OR CONSULTATIONS OR INTERPRETED
CONVERSATIONS OR CONSULTATIONS WERE CONDUCTED IN A LANGUAGE  OTHER  THAN
ENGLISH AND THE "REQUEST FOR MEDICATION TO END MY LIFE" IS IN ENGLISH: I
DECLARE THAT I AM FLUENT IN ENGLISH AND (INSERT TARGET LANGUAGE). I HAVE
THE  REQUISITE  LANGUAGE  AND INTERPRETER SKILLS TO BE ABLE TO INTERPRET

S. 3151--A                          8

EFFECTIVELY, ACCURATELY AND IMPARTIALLY INFORMATION SHARED AND  COMMUNI-
CATIONS  BETWEEN  THE  ATTENDING  OR  CONSULTING  PHYSICIAN AND (NAME OF
PATIENT).
  I  CERTIFY  THAT  ON  (INSERT DATE), AT APPROXIMATELY (INSERT TIME), I
INTERPRETED THE COMMUNICATIONS  AND  INFORMATION  CONVEYED  BETWEEN  THE
PHYSICIAN AND (NAME OF PATIENT) AS ACCURATELY AND COMPLETELY TO THE BEST
OF  MY KNOWLEDGE AND ABILITY AND READ THE "REQUEST FOR MEDICATION TO END
MY LIFE" TO (NAME OF PATIENT) IN (INSERT TARGET LANGUAGE).
  (NAME OF PATIENT) AFFIRMED TO ME HIS/HER DESIRE TO SIGN  THE  "REQUEST
FOR  MEDICATION  TO END MY LIFE" VOLUNTARILY, OF (NAME OF PATIENT)'S OWN
VOLITION AND WITHOUT COERCION.
  ( ) FOR A PATIENT WITH A  SPEECH,  HEARING  OR  VISION  DISABILITY:  I
DECLARE  THAT  I HAVE THE REQUISITE LANGUAGE, READING AND/OR INTERPRETER
SKILLS TO COMMUNICATE WITH THE PATIENT AND TO BE  ABLE  TO  READ  AND/OR
INTERPRET EFFECTIVELY, ACCURATELY AND IMPARTIALLY INFORMATION SHARED AND
COMMUNICATIONS  THAT  OCCURRED ON (INSERT DATE) BETWEEN THE ATTENDING OR
CONSULTING PHYSICIAN AND (NAME OF PATIENT).
  I CERTIFY THAT ON (INSERT DATE), AT  APPROXIMATELY  (INSERT  TIME),  I
READ  AND/OR  INTERPRETED  THE  COMMUNICATIONS  AND INFORMATION CONVEYED
BETWEEN THE PHYSICIAN AND (NAME OF PATIENT) IMPARTIALLY AND AS ACCURATE-
LY AND COMPLETELY TO THE BEST OF MY KNOWLEDGE  AND  ABILITY  AND,  WHERE
NEEDED FOR EFFECTIVE COMMUNICATION, READ OR INTERPRETED THE "REQUEST FOR
MEDICATION TO END MY LIFE" TO (NAME OF PATIENT).
  (NAME  OF  PATIENT) AFFIRMED TO ME HIS/HER DESIRE TO SIGN THE "REQUEST
FOR MEDICATION TO END MY LIFE" VOLUNTARILY, OF (NAME OF  PATIENT)'S  OWN
VOLITION AND WITHOUT COERCION.
  I  FURTHER  DECLARE UNDER PENALTY OF PERJURY THAT (I) THE FOREGOING IS
TRUE AND CORRECT; (II) I AM NOT (A) RELATED  TO  (NAME  OF  PATIENT)  BY
BLOOD,  MARRIAGE OR ADOPTION, (B) ENTITLED AT THE TIME (NAME OF PATIENT)
SIGNED THE "REQUEST FOR MEDICATION TO END MY LIFE" TO ANY PORTION OF THE
ESTATE OF (NAME OF PATIENT) UPON HIS/HER DEATH  UNDER  ANY  WILL  OR  BY
OPERATION  OF  LAW,  OR  (C) AN OWNER, OPERATOR, EMPLOYEE OR INDEPENDENT
CONTRACTOR OF A HEALTH CARE FACILITY WHERE (NAME OF PATIENT) IS  RECEIV-
ING TREATMENT OR IS A RESIDENT, EXCEPT THAT IF I AM AN EMPLOYEE OR INDE-
PENDENT  CONTRACTOR  AT SUCH HEALTH CARE FACILITY, PROVIDING INTERPRETER
SERVICES IS PART OF MY JOB DESCRIPTION AT SUCH HEALTH CARE FACILITY OR I
HAVE BEEN TRAINED TO PROVIDE INTERPRETER SERVICES AND (NAME OF  PATIENT)
REQUESTED  THAT  I  PROVIDE  INTERPRETER  SERVICES  TO  HIM/HER  FOR THE
PURPOSES STATED IN THIS DECLARATION; AND  (III)  FALSE  STATEMENTS  MADE
HEREIN ARE PUNISHABLE.

EXECUTED  AT  (INSERT  CITY,  COUNTY  AND  STATE) ON THIS (INSERT DAY OF
MONTH) OF (INSERT MONTH), (INSERT YEAR).

__________________________ (SIGNATURE OF INTERPRETER)

__________________________ (PRINTED NAME OF INTERPRETER)

__________________________ (ID # OR AGENCY NAME)

__________________________ (ADDRESS OF INTERPRETER)

__________________________ (LANGUAGE SPOKEN BY INTERPRETER)

  (C) AN INTERPRETER WHOSE SERVICES ARE PROVIDED UNDER PARAGRAPH (B)  OF
THIS  SUBDIVISION  SHALL NOT (I) BE RELATED TO THE PATIENT WHO SIGNS THE

S. 3151--A                          9

"REQUEST FOR MEDICATION TO END MY LIFE" BY BLOOD, MARRIAGE OR  ADOPTION,
(II) BE ENTITLED AT THE TIME THE "REQUEST FOR MEDICATION TO END MY LIFE"
IS  SIGNED  BY  THE  PATIENT TO ANY PORTION OF THE ESTATE OF THE PATIENT
UPON  DEATH UNDER ANY WILL OR BY OPERATION OF LAW, OR (III) BE AN OWNER,
OPERATOR, EMPLOYEE OR INDEPENDENT CONTRACTOR OF A HEALTH  CARE  FACILITY
WHERE THE PATIENT IS RECEIVING TREATMENT OR IS A RESIDENT; PROVIDED THAT
AN  EMPLOYEE  OR  INDEPENDENT  CONTRACTOR  WHOSE  JOB DESCRIPTION AT THE
HEALTH CARE FACILITY INCLUDES INTERPRETER SERVICES OR WHO IS TRAINED  TO
PROVIDE  INTERPRETER  SERVICES AND WHO HAS BEEN REQUESTED BY THE PATIENT
TO SERVE AS AN INTERPRETER UNDER THIS ARTICLE SHALL  NOT  BE  PROHIBITED
FROM SERVING AS A WITNESS UNDER THIS ARTICLE.
  § 2899-L. PROTECTION AND IMMUNITIES. 1. A PHYSICIAN, PHARMACIST, OTHER
HEALTH  CARE  PROFESSIONAL OR OTHER PERSON SHALL NOT BE SUBJECT TO CIVIL
OR CRIMINAL LIABILITY OR PROFESSIONAL DISCIPLINARY ACTION BY ANY GOVERN-
MENT ENTITY FOR TAKING ANY REASONABLE GOOD-FAITH ACTION OR  REFUSING  TO
ACT  UNDER THIS ARTICLE, INCLUDING, BUT NOT LIMITED TO:  (A) ENGAGING IN
DISCUSSIONS WITH A PATIENT RELATING TO THE RISKS AND BENEFITS OF END-OF-
LIFE OPTIONS IN THE CIRCUMSTANCES DESCRIBED IN THIS ARTICLE, (B) PROVID-
ING A PATIENT, UPON REQUEST, WITH A  REFERRAL  TO  ANOTHER  HEALTH  CARE
PROVIDER, (C) BEING PRESENT WHEN A QUALIFIED INDIVIDUAL SELF-ADMINISTERS
MEDICATION, (D) REFRAINING FROM ACTING TO PREVENT THE QUALIFIED INDIVID-
UAL  FROM  SELF-ADMINISTERING  SUCH  MEDICATION,  OR (E) REFRAINING FROM
ACTING TO RESUSCITATE THE QUALIFIED INDIVIDUAL AFTER HE OR SHE  SELF-AD-
MINISTERS SUCH MEDICATION.
  2. NOTHING IN THIS SECTION SHALL LIMIT CIVIL OR CRIMINAL LIABILITY FOR
NEGLIGENCE, RECKLESSNESS OR INTENTIONAL MISCONDUCT.
  § 2899-M. PERMISSIBLE  REFUSALS  AND PROHIBITIONS. 1. (A) A PHYSICIAN,
NURSE, PHARMACIST, OTHER HEALTH CARE PROVIDER OR OTHER PERSON SHALL  NOT
BE  UNDER  ANY DUTY, BY LAW OR CONTRACT, TO PARTICIPATE IN THE PROVISION
OF MEDICATION TO A PATIENT UNDER THIS ARTICLE.
  (B) IF A HEALTH CARE PROVIDER IS UNABLE OR UNWILLING TO PARTICIPATE IN
THE PROVISION OF MEDICATION TO A PATIENT  UNDER  THIS  ARTICLE  AND  THE
PATIENT  TRANSFERS  CARE TO A NEW HEALTH CARE PROVIDER, THE PRIOR HEALTH
CARE PROVIDER SHALL TRANSFER OR ARRANGE FOR THE TRANSFER, UPON  REQUEST,
OF  A  COPY  OF THE PATIENT'S RELEVANT MEDICAL RECORDS TO THE NEW HEALTH
CARE PROVIDER.
  2. (A) A PRIVATE HEALTH CARE FACILITY MAY  PROHIBIT  THE  PRESCRIBING,
DISPENSING,  ORDERING  OR  SELF-ADMINISTERING  OF  MEDICATION UNDER THIS
ARTICLE WHILE THE PATIENT IS BEING TREATED IN OR WHILE  THE  PATIENT  IS
RESIDING IN THE HEALTH CARE FACILITY IF:
  (I)  THE  PRESCRIBING,  DISPENSING,  ORDERING OR SELF-ADMINISTERING IS
CONTRARY TO A FORMALLY ADOPTED POLICY OF THE FACILITY THAT IS  EXPRESSLY
BASED  ON  SINCERELY HELD RELIGIOUS BELIEFS OR MORAL CONVICTIONS CENTRAL
TO THE FACILITY'S OPERATING PRINCIPLES; AND
  (II) THE FACILITY HAS INFORMED THE PATIENT OF  SUCH  POLICY  PRIOR  TO
ADMISSION OR AS SOON AS REASONABLY POSSIBLE.
  (B) WHERE A FACILITY HAS ADOPTED A PROHIBITION UNDER THIS SUBDIVISION,
IF  A  PATIENT WHO WISHES TO USE MEDICATION UNDER THIS ARTICLE REQUESTS,
THE PATIENT SHALL BE TRANSFERRED PROMPTLY TO ANOTHER HEALTH CARE FACILI-
TY THAT IS REASONABLY ACCESSIBLE UNDER THE CIRCUMSTANCES AND WILLING  TO
PERMIT  THE  PRESCRIBING, DISPENSING, ORDERING AND SELF-ADMINISTERING OF
MEDICATION UNDER THIS ARTICLE WITH RESPECT TO THE PATIENT.
  3. WHERE A HEALTH CARE FACILITY HAS ADOPTED A PROHIBITION  UNDER  THIS
SUBDIVISION,  ANY  HEALTH  CARE  PROVIDER  OR  EMPLOYEE  OR  INDEPENDENT
CONTRACTOR OF THE FACILITY WHO VIOLATES THE PROHIBITION MAY  BE  SUBJECT
TO  SANCTIONS OTHERWISE AVAILABLE TO THE FACILITY, PROVIDED THE FACILITY

S. 3151--A                         10

HAS PREVIOUSLY NOTIFIED THE HEALTH CARE PROVIDER, EMPLOYEE OR  INDEPEND-
ENT CONTRACTOR OF THE PROHIBITION IN WRITING.
  § 2899-N. RELATION  TO  OTHER LAWS AND CONTRACTS. 1. (A) A PATIENT WHO
REQUESTS MEDICATION UNDER  THIS  ARTICLE  SHALL  NOT,  BECAUSE  OF  THAT
REQUEST, BE CONSIDERED TO BE A PERSON WHO IS SUICIDAL, AND SELF-ADMINIS-
TERING  MEDICATION UNDER THIS ARTICLE SHALL NOT BE DEEMED TO BE SUICIDE,
FOR ANY PURPOSE.
  (B) ACTION  TAKEN  IN  ACCORDANCE  WITH  THIS  ARTICLE  SHALL  NOT  BE
CONSTRUED  FOR  ANY  PURPOSE  TO  CONSTITUTE  SUICIDE, ASSISTED SUICIDE,
ATTEMPTED SUICIDE, PROMOTING A SUICIDE ATTEMPT, EUTHANASIA, MERCY  KILL-
ING,  OR HOMICIDE UNDER THE LAW, INCLUDING AS AN ACCOMPLICE OR ACCESSORY
OR OTHERWISE.
  2. (A) NO 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 MEDICATION OR  TAKE  ANY  OTHER
ACTION UNDER THIS ARTICLE, SHALL BE VALID.
  (B)  NO  OBLIGATION  OWING  UNDER ANY CONTRACT SHALL BE CONDITIONED OR
AFFECTED BY THE MAKING OR RESCINDING OF A REQUEST BY A PERSON FOR  MEDI-
CATION OR TAKING ANY OTHER ACTION UNDER THIS ARTICLE.
  3. (A) A PERSON AND HIS OR HER BENEFICIARIES SHALL NOT BE DENIED BENE-
FITS  UNDER A LIFE INSURANCE POLICY FOR ACTIONS TAKEN IN ACCORDANCE WITH
THIS ARTICLE.
  (B) NOTWITHSTANDING THE PROVISIONS OF ANY LAW OR CONTRACT,  THE  SALE,
PROCUREMENT OR ISSUANCE OF A LIFE OR HEALTH INSURANCE OR ANNUITY POLICY,
OR  THE  RATE  CHARGED  FOR  A  POLICY, SHALL NOT BE CONDITIONED UPON OR
AFFECTED BY A PATIENT MAKING OR  RESCINDING  A  REQUEST  FOR  MEDICATION
UNDER THIS ARTICLE.
  4. AN INSURER SHALL NOT PROVIDE ANY INFORMATION IN COMMUNICATIONS MADE
TO  A  PATIENT  ABOUT  THE AVAILABILITY OF MEDICATION UNDER THIS ARTICLE
ABSENT A REQUEST BY THE PATIENT OR BY HIS  OR  HER  ATTENDING  PHYSICIAN
UPON  THE  REQUEST  OF SUCH PATIENT. ANY COMMUNICATION SHALL NOT INCLUDE
BOTH THE DENIAL OF COVERAGE FOR TREATMENT  AND  INFORMATION  AS  TO  THE
AVAILABILITY OF MEDICATION UNDER THIS ARTICLE.
  5.  THE  SALE,  PROCUREMENT,  OR ISSUE OF ANY PROFESSIONAL MALPRACTICE
INSURANCE POLICY OR THE RATE CHARGED FOR THE POLICY SHALL NOT BE  CONDI-
TIONED  UPON OR AFFECTED BY WHETHER THE INSURED DOES OR DOES NOT TAKE OR
PARTICIPATE IN ANY ACTION UNDER THIS ARTICLE.
  § 2899-O. SAFE DISPOSAL OF UNUSED  MEDICATIONS.    A  PERSON  WHO  HAS
CUSTODY  OR CONTROL OF ANY UNUSED MEDICATION PRESCRIBED UNDER THIS ARTI-
CLE AFTER THE DEATH OF THE QUALIFIED INDIVIDUAL SHALL PERSONALLY DELIVER
THE UNUSED MEDICATION FOR DISPOSAL TO  THE  NEAREST  QUALIFIED  FACILITY
THAT  PROPERLY  DISPOSES OF CONTROLLED SUBSTANCES OR SHALL DISPOSE OF IT
BY LAWFUL MEANS IN ACCORDANCE WITH REGULATIONS MADE BY THE COMMISSIONER,
REGULATIONS MADE BY OR GUIDELINES OF THE COMMISSIONER OF  EDUCATION,  OR
GUIDELINES  OF  A FEDERAL DRUG ENFORCEMENT ADMINISTRATION APPROVED TAKE-
BACK PROGRAM. A QUALIFIED FACILITY THAT PROPERLY DISPOSES OF  CONTROLLED
SUBSTANCES SHALL ACCEPT AND DISPOSE OF ANY MEDICATION DELIVERED TO IT AS
PROVIDED HEREUNDER REGARDLESS OF WHETHER SUCH MEDICATION IS A CONTROLLED
SUBSTANCE.  THE  COMMISSIONER MAY MAKE REGULATIONS AS MAY BE APPROPRIATE
FOR THE SAFE DISPOSAL OF UNUSED  MEDICATIONS  PRESCRIBED,  DISPENSED  OR
ORDERED UNDER THIS ARTICLE AS PROVIDED IN THIS SECTION.
  § 2899-P. DEATH  CERTIFICATE.   1. IF OTHERWISE AUTHORIZED BY LAW, THE
ATTENDING PHYSICIAN MAY SIGN THE QUALIFIED  INDIVIDUAL'S  DEATH  CERTIF-
ICATE.

S. 3151--A                         11

  2. THE CAUSE OF DEATH LISTED ON A QUALIFIED INDIVIDUAL'S DEATH CERTIF-
ICATE  WHO  DIES  AFTER SELF-ADMINISTERING MEDICATION UNDER THIS ARTICLE
WILL BE THE UNDERLYING TERMINAL ILLNESS OR CONDITION.
  § 2899-Q. REPORTING.  1.  THE  COMMISSIONER  SHALL  ANNUALLY  REVIEW A
SAMPLE OF THE RECORDS MAINTAINED  UNDER  SECTIONS  TWENTY-EIGHT  HUNDRED
NINETY-NINE-J  AND  TWENTY-EIGHT  HUNDRED NINETY-NINE-P OF THIS ARTICLE.
THE COMMISSIONER SHALL ADOPT REGULATIONS ESTABLISHING REPORTING REQUIRE-
MENTS FOR PHYSICIANS TAKING  ACTION  UNDER  THIS  ARTICLE  TO  DETERMINE
UTILIZATION  AND COMPLIANCE WITH THIS ARTICLE. THE INFORMATION COLLECTED
UNDER THIS SUBDIVISION SHALL NOT CONSTITUTE A  PUBLIC  RECORD  AVAILABLE
FOR  PUBLIC INSPECTION AND SHALL BE CONFIDENTIAL AND COLLECTED AND MAIN-
TAINED IN A MANNER THAT PROTECTS THE PRIVACY OF THE PATIENT, HIS OR  HER
FAMILY,  AND  ANY  HEALTH  CARE  PROVIDER ACTING IN CONNECTION WITH SUCH
PATIENT  UNDER  THIS  ARTICLE,  EXCEPT  THAT  SUCH  INFORMATION  MAY  BE
DISCLOSED  TO  A  GOVERNMENTAL  AGENCY  AS AUTHORIZED OR REQUIRED BY LAW
RELATING TO PROFESSIONAL DISCIPLINE, PROTECTION OF PUBLIC HEALTH OR  LAW
ENFORCEMENT.
  2.  THE  COMMISSIONER SHALL PREPARE A REPORT ANNUALLY CONTAINING RELE-
VANT DATA REGARDING UTILIZATION AND COMPLIANCE  WITH  THIS  ARTICLE  AND
SHALL POST SUCH REPORT ON THE DEPARTMENT'S WEBSITE.
  § 2899-R. PENALTIES.  1. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO
LIMIT PROFESSIONAL DISCIPLINE OR CIVIL LIABILITY RESULTING FROM  CONDUCT
IN  VIOLATION OF THIS ARTICLE, NEGLIGENT CONDUCT, OR INTENTIONAL MISCON-
DUCT BY ANY PERSON.
  2. CONDUCT IN VIOLATION OF THIS ARTICLE SHALL BE SUBJECT TO APPLICABLE
CRIMINAL LIABILITY UNDER STATE LAW,  INCLUDING,  WHERE  APPROPRIATE  AND
WITHOUT  LIMITATION,  OFFENSES CONSTITUTING HOMICIDE, FORGERY, COERCION,
AND RELATED OFFENSES, OR FEDERAL LAW.
  § 2899-S. SEVERABILITY. IF ANY PROVISION OF THIS ARTICLE OR ANY APPLI-
CATION OF ANY PROVISION OF THIS ARTICLE, IS HELD TO BE  INVALID,  OR  TO
VIOLATE  OR  BE  INCONSISTENT  WITH  ANY FEDERAL LAW OR REGULATION, THAT
SHALL NOT AFFECT THE VALIDITY OR EFFECTIVENESS OF ANY OTHER PROVISION OF
THIS ARTICLE, OR OF ANY OTHER APPLICATION OF ANY PROVISION OF THIS ARTI-
CLE, WHICH CAN BE GIVEN EFFECT WITHOUT THAT  PROVISION  OR  APPLICATION;
AND  TO  THAT  END,  THE PROVISIONS AND APPLICATIONS OF THIS ARTICLE ARE
SEVERABLE.
  § 3. This act shall take effect immediately.