House File 65 - Introduced HOUSE FILE 65 BY MEYER , COHOON , WINCKLER , STUTSMAN , MASCHER , BROWN-POWERS , WOLFE , ANDERSON , and WESSEL-KROESCHELL A BILL FOR An Act creating the Iowa death with dignity Act and providing 1 penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1385YH (8) 86 pf/nh
H.F. 65 Section 1. NEW SECTION . 142E.1 Short title. 1 This chapter shall be known and may be cited as the “Iowa 2 Death with Dignity Act” . 3 Sec. 2. NEW SECTION . 142E.2 Definitions. 4 As used in this chapter, unless the context otherwise 5 requires: 6 1. “Adult” means an individual who is eighteen years of age 7 or older. 8 2. “Attending physician” means the physician who has primary 9 responsibility for the care of the patient and treatment of the 10 patient’s terminal disease. 11 3. “Competent” means that in the opinion of a court or in 12 the opinion of the patient’s attending physician or consulting 13 physician, psychiatrist, or psychologist, a patient has the 14 ability to make and communicate health care decisions to 15 health care providers, including communication through persons 16 familiar with the patient’s manner of communicating if those 17 persons are available. 18 4. “Consulting physician” means a physician who is qualified 19 by specialty or experience to make a professional diagnosis and 20 prognosis regarding the patient’s disease. 21 5. “Counseling” means one or more consultations as necessary 22 between a licensed psychiatrist or psychologist and a patient 23 for the purpose of determining that the patient is competent 24 and not suffering from a psychiatric or psychological disorder 25 or depression causing impaired judgment. 26 6. “Department” means the department of public health. 27 7. “Health care facility” means a health care facility as 28 defined in section 135C.1. 29 8. “Health care provider” means a person licensed, 30 certified, or otherwise authorized or permitted by the law of 31 this state to administer health care or dispense medication in 32 the ordinary course of business or practice of a profession, 33 and includes a health care facility. 34 9. “Informed decision” means a decision by a qualified 35 -1- LSB 1385YH (8) 86 pf/nh 1/ 16
H.F. 65 patient to request and obtain a prescription to end the 1 patient’s life that is based on an appreciation of the relevant 2 facts and after being fully informed by the attending physician 3 of all of the following: 4 a. The patient’s medical diagnosis. 5 b. The patient’s prognosis. 6 c. The potential risks associated with taking the medication 7 to be prescribed. 8 d. The probable result of taking the medication to be 9 prescribed. 10 e. The feasible alternatives, including but not limited to 11 comfort care, hospice care, and pain control. 12 10. “Long-term care facility” means a long-term care unit 13 of a hospital, a health care facility, an elder group home as 14 defined in section 231B.1, or an assisted living program as 15 defined in section 231C.2. 16 11. “Medically confirmed” means the medical opinion of 17 the attending physician has been confirmed by a consulting 18 physician who has examined the patient and the patient’s 19 relevant medical records. 20 12. “Patient” means a person who is under the care of a 21 physician. 22 13. “Physician” means a person licensed to practice medicine 23 and surgery or osteopathic medicine and surgery under chapter 24 148. 25 14. “Qualified patient” means a competent adult who is a 26 resident of Iowa and has satisfied the requirements of this 27 chapter to obtain a prescription for medication to end the 28 individual’s life. 29 15. “Self-administer” means a qualified patient’s act of 30 ingesting medication to end the patient’s life. 31 16. “Terminal disease” means an incurable and irreversible 32 disease that has been medically confirmed and that will, within 33 reasonable medical judgment, produce death within six months. 34 Sec. 3. NEW SECTION . 142E.3 Request for medication. 35 -2- LSB 1385YH (8) 86 pf/nh 2/ 16
H.F. 65 1. An adult patient who is competent, is a resident of 1 this state, has been determined by the patient’s attending 2 physician and consulting physician to be suffering from a 3 terminal disease, and has voluntarily expressed a wish to die, 4 may make a written request for medication that the patient may 5 self-administer to end the patient’s life in accordance with 6 this chapter. 7 2. A person shall not qualify to make a written request 8 under this section solely because of age or disability. 9 Sec. 4. NEW SECTION . 142E.4 Oral and written requests —— 10 right to rescind. 11 1. To receive a prescription for medication that a qualified 12 patient may self-administer to end the qualified patient’s life 13 pursuant to this chapter, the qualified patient shall make an 14 initial oral request, followed by a subsequent oral request 15 at least fifteen days after the initial oral request, and a 16 written request to the qualified patient’s attending physician. 17 2. At least fifteen days shall elapse between a qualified 18 patient’s initial oral request and the writing of a 19 prescription under this chapter. 20 3. At least forty-eight hours shall elapse between the 21 submission of a qualified patient’s written request and the 22 writing of a prescription under this chapter. 23 4. a. At the time the qualified patient makes the second 24 oral request, the attending physician shall offer the qualified 25 patient an opportunity to rescind the request. 26 b. A patient may rescind a request for a prescription for 27 medication under this chapter at any time and in any manner 28 without regard to the patient’s mental state. A prescription 29 for medication under this chapter shall not be written prior 30 to the attending physician offering the qualified patient an 31 opportunity to rescind the request. 32 Sec. 5. NEW SECTION . 142E.5 Procedure for request —— 33 witnesses. 34 1. A qualified patient who is unable to orally communicate 35 -3- LSB 1385YH (8) 86 pf/nh 3/ 16
H.F. 65 may make a valid oral request under this chapter by reducing 1 the oral request to writing for submission to the qualified 2 patient’s attending physician. Such writing is not subject 3 to the requirements otherwise applicable to a written request 4 under this chapter. 5 2. a. A valid written request for medication under this 6 chapter shall be in substantially the form described in section 7 142E.17, shall be signed and dated by the patient, and shall 8 be witnessed by at least two individuals who, in the presence 9 of the patient, attest that to the best of their knowledge and 10 belief the patient is competent, acting voluntarily, and is not 11 being coerced to sign the request. 12 b. One of the witnesses shall be a person who is not any of 13 the following: 14 (1) A relative of the patient by blood, marriage, or 15 adoption. 16 (2) A person who at the time the request is signed would be 17 entitled to any portion of the estate of the patient upon death 18 under any will or by operation of law. 19 (3) An owner, operator, or employee of a long-term care 20 facility where the patient is receiving medical treatment or 21 is a resident. 22 c. The patient’s attending physician at the time the request 23 is signed shall not be a witness. 24 d. If the patient is a patient in a long-term care facility 25 at the time the written request is made, one of the witnesses 26 shall be an individual designated by the facility and having 27 the qualifications specified by the department by rule. 28 Sec. 6. NEW SECTION . 142E.6 Attending physician 29 responsibilities. 30 1. The attending physician shall do all of the following: 31 a. Make the initial determination of whether a patient has 32 a terminal disease, is competent, and has made the request for 33 medication under this chapter voluntarily. 34 b. Request that the patient demonstrate residency in the 35 -4- LSB 1385YH (8) 86 pf/nh 4/ 16
H.F. 65 state. Factors demonstrating residency in this state include 1 but are not limited to: 2 (1) Possession of an Iowa driver’s license. 3 (2) Registration to vote in Iowa. 4 (3) Evidence that the person owns or leases property in 5 Iowa. 6 (4) Filing of an Iowa tax return for the most recent tax 7 year. 8 c. Verify immediately prior to writing the prescription for 9 medication, that the patient is making an informed decision. 10 d. Refer the patient to a consulting physician for medical 11 confirmation of the diagnosis, and for a determination that the 12 patient is competent and acting voluntarily. 13 e. Refer the patient for counseling if appropriate under 14 section 142E.8. 15 f. Recommend that the patient notify next of kin. However, 16 a qualified patient’s request for medication shall not 17 be denied based on the qualified patient’s declination or 18 inability to notify next of kin. 19 g. Counsel the patient about the importance of having 20 another person present when the patient takes the medication 21 prescribed and of not taking the medication in a public place. 22 h. Inform the patient that the patient has an opportunity 23 to rescind the request at any time and in any manner, and offer 24 the patient an opportunity to rescind the request at the end of 25 the fifteen-day waiting period under section 142E.4. 26 i. Fulfill the medical record documentation requirements 27 under section 142E.9. 28 j. Ensure that all appropriate steps are carried out in 29 accordance with this chapter prior to writing a prescription 30 for medication to enable a qualified patient to end the 31 patient’s life. 32 k. Do either of the following: 33 (1) Dispense medications directly, including ancillary 34 medications intended to facilitate the desired effect to 35 -5- LSB 1385YH (8) 86 pf/nh 5/ 16
H.F. 65 minimize the patient’s discomfort, if the attending physician 1 is authorized under law and rule to dispense such medication 2 and has a current valid drug enforcement administration number, 3 if required under chapter 124. 4 (2) With the patient’s written consent: 5 (a) Contact a pharmacist and inform the pharmacist of the 6 prescription. 7 (b) Deliver the written prescription personally, by 8 mail, or by facsimile to the pharmacist who will dispense the 9 medications to either the patient, the attending physician, or 10 an expressly identified agent of the patient. 11 2. Notwithstanding any other provision of law to the 12 contrary, the attending physician may sign the patient’s death 13 certificate. 14 Sec. 7. NEW SECTION . 142E.7 Consulting physician 15 confirmation. 16 A consulting physician shall do all of the following in 17 confirming that a patient is a qualified patient under this 18 chapter: 19 1. Examine the patient and the patient’s relevant medical 20 records and confirm, in writing, the attending physician’s 21 diagnosis that the patient is suffering from a terminal 22 disease. 23 2. Verify that the patient is competent, acting 24 voluntarily, and has made an informed decision. 25 Sec. 8. NEW SECTION . 142E.8 Counseling referral. 26 1. If, in the opinion of the attending physician or the 27 consulting physician, a patient may be suffering from a 28 psychiatric or psychological disorder or depression causing 29 impaired judgment, either physician shall refer the patient for 30 counseling. 31 2. An attending physician shall not prescribe medication to 32 end a patient’s life pursuant to this chapter until the person 33 performing the counseling determines and verifies that the 34 patient is not suffering from a psychiatric or psychological 35 -6- LSB 1385YH (8) 86 pf/nh 6/ 16
H.F. 65 disorder or depression causing impaired judgment. 1 Sec. 9. NEW SECTION . 142E.9 Medical record documentation 2 requirements. 3 All of the following shall be documented or filed in a 4 patient’s medical record in regard to a request for medication 5 under this chapter: 6 1. All oral requests by a patient for medication to end the 7 patient’s life pursuant to this chapter. 8 2. All written requests by a patient for medication to end 9 the patient’s life pursuant to this chapter. 10 3. The attending physician’s diagnosis and prognosis 11 and determinations that the patient is competent, is acting 12 voluntarily, and has made an informed decision. 13 4. The consulting physician’s diagnosis and prognosis 14 and verification that the patient is competent, is acting 15 voluntarily, and has made an informed decision. 16 5. A report of the outcome and determinations made during 17 counseling, if performed. 18 6. The attending physician’s offer to the patient to rescind 19 the patient’s request at the time of the patient’s second oral 20 request pursuant to section 142E.4. 21 7. A note by the attending physician indicating that all 22 requirements under this chapter have been met and indicating 23 the steps taken to carry out the request, including a notation 24 of the medication prescribed. 25 Sec. 10. NEW SECTION . 142E.10 Reporting requirements. 26 1. a. The department shall require any health care 27 provider, upon dispensing medication pursuant to this chapter, 28 to file a copy of the dispensing record with the department. 29 b. The department shall annually review a sample of records 30 maintained under this chapter. 31 2. The department shall adopt rules to facilitate the 32 collection of information regarding compliance with this 33 chapter. Except as otherwise required by law, the information 34 collected shall not be a public record and shall not be made 35 -7- LSB 1385YH (8) 86 pf/nh 7/ 16
H.F. 65 available for inspection by the public. 1 3. The department shall generate and make available to the 2 public an annual statistical report of information collected 3 under subsection 2. 4 Sec. 11. NEW SECTION . 142E.11 Effect on construction of 5 wills, contracts, and other agreements. 6 1. A provision in a contract, will, or other agreement, 7 whether written or oral, to the extent the provision would 8 affect whether a person may make or rescind a request for 9 medication to end the person’s life pursuant to this chapter, 10 shall not be valid. 11 2. An obligation owing under any contract shall not be 12 conditioned or affected by the making or rescinding of a 13 request by a person for medication to end the person’s life 14 pursuant to this chapter. 15 Sec. 12. NEW SECTION . 142E.12 Insurance or annuity 16 policies. 17 The sale, procurement, or issuance of any life, health, 18 or accident insurance or annuity policy or the rate charged 19 for any such policy shall not be conditioned upon or affected 20 by the making or rescinding of a request by a person for 21 medication that may be self-administered to end the person’s 22 life pursuant to this chapter. A qualified patient’s act of 23 self-administering medication to end the qualified patient’s 24 life pursuant to this chapter shall not have an effect upon a 25 life, health, or accident insurance or annuity policy. 26 Sec. 13. NEW SECTION . 142E.13 Construction of chapter. 27 1. Nothing in this chapter shall be construed to authorize 28 a physician or any other person to end a patient’s life by 29 lethal injection, mercy killing, or active euthanasia. An 30 action taken in accordance with this chapter shall not, for any 31 purpose, constitute suicide, assisted suicide, mercy killing, 32 or homicide under the law. 33 2. Nothing in this chapter shall be interpreted to lessen 34 the applicable standard of care for an attending physician, 35 -8- LSB 1385YH (8) 86 pf/nh 8/ 16
H.F. 65 consulting physician, psychiatrist, psychologist, or other 1 health care provider acting under this chapter. 2 Sec. 14. NEW SECTION . 142E.14 Immunities —— basis 3 for prohibiting health care provider from participation —— 4 notification —— permissible sanctions. 5 Except as otherwise provided in this chapter: 6 1. A person shall not be subject to civil or criminal 7 liability or professional disciplinary action for acting 8 in good-faith compliance with this chapter, including 9 being present when a qualified patient self-administers the 10 prescribed medication to end the qualified patient’s life 11 pursuant to this chapter. 12 2. A professional organization or association, or 13 health care provider, shall not subject a person to censure, 14 discipline, suspension, loss of license, loss of privileges, 15 loss of membership, or other penalty for acting or refusing to 16 act in good-faith compliance with this chapter. 17 3. A request by a patient for or provision by an attending 18 physician of medication in good-faith compliance with this 19 chapter shall not constitute neglect under the law or provide 20 the sole basis for the appointment of a guardian or conservator 21 for the patient. 22 4. A health care provider shall not be under any duty, 23 whether by contract, statute, or any other legal requirement, 24 to participate in the provision to a qualified patient of 25 medication to end the patient’s life pursuant to this chapter. 26 If a health care provider is unable or unwilling to carry out a 27 patient’s request under this chapter and the patient transfers 28 the patient’s care to a new health care provider, the prior 29 health care provider shall transfer, upon request, a copy of 30 the patient’s relevant medical records to the new health care 31 provider. 32 5. a. Notwithstanding any other provision of law to the 33 contrary, a health care provider may prohibit another health 34 care provider from acting under this chapter on the premises 35 -9- LSB 1385YH (8) 86 pf/nh 9/ 16
H.F. 65 of the prohibiting provider if the prohibiting provider has 1 notified the health care provider of the prohibiting provider’s 2 policy regarding actions under this chapter. Nothing in this 3 paragraph shall prevent a health care provider from providing 4 health care services to a patient that do not constitute action 5 under this chapter. 6 b. Notwithstanding the provisions of this section to the 7 contrary, a health care provider may subject another health 8 care provider to the following sanctions if the sanctioning 9 health care provider has notified the sanctioned provider prior 10 to action under this chapter that the health care provider 11 prohibits actions under this chapter: 12 (1) Loss of privileges, loss of membership, or other 13 sanction provided pursuant to the medical staff bylaws, 14 policies, or procedures of the sanctioning health care provider 15 if the sanctioned provider is a member of the sanctioning 16 provider’s medical staff and acts under this chapter while on 17 the health care facility premises of the sanctioning health 18 care provider, but not including the private medical office of 19 a physician or other provider. 20 (2) Termination of a lease or other property contract or 21 other nonmonetary remedies provided by a lease or contract, 22 not including loss or restriction of medical staff privileges 23 or exclusion from a provider panel, if the sanctioned 24 provider acts under this chapter while on the premises of the 25 sanctioning health care provider or on property that is owned 26 by or under the direct control of the sanctioning health care 27 provider. 28 (3) Termination of a contract or other nonmonetary remedies 29 provided by a contract if the sanctioned provider acts under 30 this chapter while acting in the course and scope of the 31 sanctioned provider’s capacity as an employee or independent 32 contractor of the sanctioning health care provider. Nothing 33 in this subparagraph shall be construed to prevent any of the 34 following: 35 -10- LSB 1385YH (8) 86 pf/nh 10/ 16
H.F. 65 (a) A health care provider from acting under this chapter 1 while acting outside the course and scope of the provider’s 2 capacity as an employee or independent contractor. 3 (b) A patient from contracting with the patient’s attending 4 physician and consulting physician to act outside the course 5 and scope of the provider’s capacity as an employee or 6 independent contractor of the sanctioning health care provider. 7 c. A health care provider that imposes sanctions pursuant to 8 paragraph “b” shall follow all due process and other procedures 9 the sanctioning health care provider uses for the imposition of 10 sanctions on other health care providers under the authority of 11 the sanctioning health care provider. 12 d. For the purposes of this subsection: 13 (1) “Action under this chapter” means to perform the 14 duties of an attending physician, the consulting physician 15 function, or the counseling function as specified under this 16 chapter. “Action under this chapter” does not include any of 17 the following: 18 (a) Making an initial determination that a patient has 19 a terminal disease and informing the patient of the medical 20 prognosis. 21 (b) Providing information about this chapter to a patient 22 upon the request of the patient. 23 (c) Providing a patient, upon the request of the patient, 24 with a referral to another physician. 25 (d) A patient contracting with the patient’s attending 26 physician and consulting physician to act outside of the 27 course and scope of the provider’s capacity as an employee or 28 independent contractor of the sanctioning health care provider. 29 (2) “Notify” means a separate statement in writing to the 30 health care provider specifically informing the health care 31 provider prior to the provider’s action under this chapter of 32 the sanctioning health care provider’s policy about actions 33 under this chapter. 34 Sec. 15. NEW SECTION . 142E.15 Liabilities —— penalties. 35 -11- LSB 1385YH (8) 86 pf/nh 11/ 16
H.F. 65 1. A person who without authorization of the patient 1 willfully alters or forges a request for medication under this 2 chapter or conceals or destroys a recision of a request for 3 medication under this chapter with the intent or effect of 4 causing the patient’s death is guilty of a class “A” felony. 5 2. A person who coerces or exerts undue influence on a 6 patient to request medication for the purpose of ending the 7 patient’s life pursuant to this chapter, or to destroy a 8 recision of such a request, is guilty of a class “A” felony. 9 3. Nothing in this chapter shall be construed to limit 10 a person’s liability for civil damages resulting from the 11 person’s negligent conduct or intentional misconduct applicable 12 under other law for conduct which is inconsistent with the 13 provisions of this chapter. 14 4. The penalties specified in this section shall not 15 preclude criminal penalties applicable under other law for 16 conduct which is inconsistent with the provisions of this 17 chapter. 18 Sec. 16. NEW SECTION . 142E.16 Claims by governmental entity 19 for costs incurred. 20 A governmental entity that incurs costs resulting from a 21 person terminating the person’s life pursuant to this chapter 22 in a public place shall have a claim against the estate of 23 the person to recover such costs and reasonable attorney fees 24 related to enforcing the claim. 25 Sec. 17. NEW SECTION . 142E.17 Form of written request. 26 A written request for medication as authorized by this 27 chapter shall be in substantially the following form: 28 REQUEST FOR MEDICATION 29 TO END MY LIFE IN A HUMANE 30 AND DIGNIFIED MANNER 31 I, ______________________, am an adult of sound mind. 32 I am suffering from _________, which my attending physician has 33 determined is a terminal disease and which has been medically 34 confirmed by a consulting physician. 35 -12- LSB 1385YH (8) 86 pf/nh 12/ 16
H.F. 65 I have been fully informed of my diagnosis, prognosis, the 1 nature of medication to be prescribed and potential associated 2 risks, the expected result, and the feasible alternatives, 3 including comfort care, hospice care, and pain control. 4 I request that my attending physician prescribe medication that 5 will end my life in a humane and dignified manner. 6 INITIAL ONE OF THE FOLLOWING: 7 ______ I have informed my family of my decision and taken their 8 opinions into consideration. 9 ______ I have decided not to inform my family of my decision. 10 ______ I have no family to inform of my decision. 11 I understand that I have the right to rescind this request at 12 any time. 13 I understand the full import of this request and I expect to 14 die when I take the medication to be prescribed. I further 15 understand that although most deaths occur within three hours, 16 my death may take longer and my physician has counseled me 17 about this possibility. 18 I make this request voluntarily and without reservation, and I 19 accept full moral responsibility for my actions. 20 Signed: _______________ 21 Dated: _______________ 22 DECLARATION OF WITNESSES 23 By initialing and signing below on or after the date the person 24 named above signs, we declare that the person making and 25 signing the above request: 26 (a) Is personally known to us or has provided proof of 27 identity. 28 (b) Signed this request in our presence on the date of the 29 person’s signature. 30 (c) Appears to be of sound mind and not under duress, fraud, or 31 undue influence. 32 (d) Is not a patient for whom either of us is the attending 33 physician. 34 Printed name of Witness 1 ____________________ 35 -13- LSB 1385YH (8) 86 pf/nh 13/ 16
H.F. 65 Signed name of Witness 1/Date ________________________ 1 Printed name of Witness 2 ____________________ 2 Signed name of Witness 2/Date ________________________ 3 NOTE: One witness shall not be a relative by blood, marriage, 4 or adoption of the person signing this request, shall not be 5 entitled to any portion of the person’s estate upon death, 6 and shall not own, operate, or be employed at a health care 7 facility where the person is a patient or resident. If the 8 patient is an inpatient at a health care facility, one of the 9 witnesses shall be an individual designated by the facility. 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 This bill provides for a competent adult patient, who is 14 a resident of the state of Iowa, who is terminally ill with 15 less than six months to live as verified by two physicians, to 16 voluntarily request medication that will end the person’s life. 17 The bill provides that the patient must make an oral request, a 18 subsequent oral request no less than 15 days after the initial 19 request, and a written request for the medication. There is 20 also a 48-hour waiting period between the submission of the 21 written request and the writing of the prescription. The bill 22 specifies the responsibilities of the attending physician and 23 the consulting physician. The bill includes a provision for 24 counseling if the attending physician deems it appropriate, the 25 notification of next of kin, the right to rescind a request at 26 any time, and documentation requirements. The bill provides 27 for the effect of a request for medication to end the person’s 28 life on the construction of wills, contracts, and statutes as 29 well as on insurance and annuity policies. 30 The bill provides that the provisions of the bill are not 31 to be construed to authorize a physician or any other person 32 to end a patient’s life by lethal injection, mercy killing, 33 or active euthanasia, and that actions taken in accordance 34 with the bill shall not, for any purpose, constitute suicide, 35 -14- LSB 1385YH (8) 86 pf/nh 14/ 16
H.F. 65 assisted suicide, mercy killing, or homicide under the 1 law. Additionally, the provisions of the bill are not to be 2 interpreted to lessen the applicable standard of care for the 3 attending physician, consulting physician, psychiatrist, or 4 psychologist, or other health care provider acting under the 5 bill. 6 The bill provides immunities for a person who acts in 7 good-faith compliance with the bill, including being present 8 when a patient takes the prescribed medication to end the 9 patient’s life. 10 The bill provides that a professional organization or 11 association, or health care provider, shall not subject a 12 person to censure, discipline, suspension, loss of license, 13 loss of privileges, loss of membership, or other penalty for 14 acting or refusing to act in good-faith compliance with the 15 bill, but does provide for prohibitions by a health care 16 provider on the premises of the health care provider relative 17 to the bill. The bill provides that a request by a patient 18 for or provision by an attending physician of medication in 19 good-faith compliance with the bill does not constitute neglect 20 under the law or provide the sole basis for the appointment 21 of a guardian or conservator for the patient. Under the 22 bill, a health care provider is not to be under any duty, 23 whether by contract, statute, or any other legal requirement 24 to participate in the provision to a patient of medication to 25 end the patient’s life. If a health care provider is unable 26 or unwilling to carry out a patient’s request under the bill, 27 however, and the patient transfers the patient’s care to a 28 new health care provider, the prior health care provider is 29 required to transfer, upon request, a copy of the patient’s 30 relevant medical records to the new health care provider. 31 The bill provides that a person who without authorization of 32 the patient willfully alters or forges a request for medication 33 under the bill or conceals or destroys a recision of such a 34 request with the intent or effect of causing the patient’s 35 -15- LSB 1385YH (8) 86 pf/nh 15/ 16
H.F. 65 death is guilty of a class “A” felony. Additionally, a person 1 who coerces or exerts undue influence on a patient to request 2 medication for the purpose of ending the patient’s life under 3 the bill, or to destroy a recision of such a request, is guilty 4 of a class “A” felony. A class “A” felony is punishable by 5 confinement for life without possibility of parole. 6 The bill provides that the provisions of the bill are 7 not to be construed to limit a person’s liability for civil 8 damages resulting from other negligent conduct or intentional 9 misconduct by the person and that the penalties specified in 10 the bill shall not preclude criminal penalties applicable under 11 other law for conduct which is inconsistent with the provisions 12 of the bill. 13 The bill provides that if a governmental entity incurs costs 14 resulting from a person terminating the person’s life under the 15 bill in a public place, the governmental entity has a claim 16 against the estate of the person to recover such costs and 17 reasonable attorney fees related to enforcing the claim. 18 The bill also provides the form for the request for 19 medication to end a person’s life. 20 -16- LSB 1385YH (8) 86 pf/nh 16/ 16