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PAG LIN
1 1 Amend Senate File 2066, as amended, passed, and
1 2 reprinted by the Senate, as follows:
1 3 #1. By striking everything after the enacting
1 4 clause and inserting the following:
1 5 "Section 1. NEW SECTION. 144D.1 SHORT TITLE.
1 6 This chapter may be cited as the "Assistance-in-
1 7 Dying Act".
1 8 Sec. 2. NEW SECTION. 144D.2 DEFINITIONS.
1 9 As used in this chapter, unless the context
1 10 otherwise requires:
1 11 1. "Adult" means an individual eighteen years of
1 12 age or older.
1 13 2. "Assistance-in-dying" means assistance in the
1 14 form of medical services provided in person by a
1 15 physician that will end the life of a qualified
1 16 patient in a dignified, painless, and humane manner,
1 17 when requested, voluntarily, by the patient through a
1 18 written declaration in accordance with this chapter,
1 19 at the time the medical service is to be provided.
1 20 3. "Attending physician" means the physician
1 21 selected by, or assigned to, the patient who has
1 22 primary responsibility for the treatment and care of
1 23 the patient.
1 24 4. "Declaration" means a document executed in
1 25 accordance with the requirements of section 144D.3.
1 26 5. "Health care provider" means a health care
1 27 facility licensed pursuant to chapter 135C, a hospice
1 28 program licensed pursuant to chapter 135J, or a
1 29 hospital licensed pursuant to chapter 135B.
1 30 6. "Life-sustaining procedure" means any medical
1 31 procedure, treatment, or intervention which meets both
1 32 of the following requirements:
1 33 a. Utilizes mechanical or artificial means to
1 34 sustain, restore, or supplant a spontaneous vital
1 35 function.
1 36 b. When applied to a patient in a terminal
1 37 condition, would serve only to prolong the dying
1 38 process.
1 39 "Life-sustaining procedure" includes but is not
1 40 limited to cardiac resuscitation, respiratory support,
1 41 and artificially administered nutrition and hydration,
1 42 but does not include the administration of medication
1 43 to relieve pain or the performance of any medical
1 44 procedure deemed necessary to alleviate pain.
1 45 7. "Physician" means a person licensed to practice
1 46 medicine and surgery, osteopathy, or osteopathic
1 47 medicine and surgery in this state.
1 48 8. "Qualified patient" means a patient who has
1 49 executed a declaration in accordance with this chapter
1 50 and who has been diagnosed to be in a terminal
2 1 condition, by two physicians, one of whom is the
2 2 attending physician, and both of whom have personally
2 3 examined the patient and have certified in writing the
2 4 diagnosis of the patient's terminal condition.
2 5 9. "Terminal condition" means an incurable or
2 6 irreversible condition that, without the
2 7 administration of life-sustaining procedures, will, in
2 8 the opinion of two physicians having examined the
2 9 patient and exercising reasonable medical judgment,
2 10 result in the death of the patient within six months.
2 11 Sec. 3. NEW SECTION. 144D.3 DECLARATION RELATING
2 12 TO THE PROVISION OF ASSISTANCE-IN-DYING.
2 13 1. A competent adult may execute a declaration to
2 14 request assistance-in-dying at any time. The
2 15 declaration shall be given operative effect only if
2 16 the declarant's condition is determined to be
2 17 terminal. Prior to effectuating a declaration, the
2 18 diagnosis of a terminal condition by two physicians
2 19 shall be verified in writing, attached to the
2 20 declaration, and made a permanent part of the
2 21 patient's medical records.
2 22 2. The declaration shall be signed by the
2 23 declarant in the presence of two witnesses, neither of
2 24 whom is any of the following:
2 25 a. A person who would be entitled to any portion
2 26 of the estate of the declarant, upon the declarant's
2 27 death, under any will of the declarant, then existing,
2 28 or at the time of the declaration by operation of
2 29 existing law.
2 30 b. The attending physician, an employee of the
2 31 attending physician, or a health care provider in
2 32 which the declarant is a patient.
2 33 3. It is the responsibility of the declarant to
2 34 provide the declarant's attending physician with the
2 35 declaration.
2 36 4. The declaration, or a copy of the declaration,
2 37 shall be made a part of the patient's medical record
2 38 by the attending physician.
2 39 5. A declaration executed pursuant to this chapter
2 40 shall be essentially in the following form, but may
2 41 also include other directions as specified by the
2 42 declarant:
2 43 DECLARATION
2 44 I, ________, being of sound mind, willfully, and
2 45 voluntarily make known my desire that:
2 46 1. If at any time I should have an incurable or
2 47 irreversible condition, certified by two physicians,
2 48 in writing, to be a terminal condition, I direct that
2 49 upon my request, my attending physician provide
2 50 assistance-in-dying so that I might die in a
3 1 dignified, painless, and humane manner.
3 2 2. It is my intention that this declaration shall
3 3 be honored by my family and physician as the final
3 4 expression of my legal right to be provided
3 5 assistance-in-dying, and I accept the consequences of
3 6 this declaration.
3 7 3. If I am pregnant with a fetus that could
3 8 develop to the point of live birth, this declaration
3 9 shall have no force or effect during the course of my
3 10 pregnancy.
3 11 4. I understand that I may amend or revoke this
3 12 declaration at any time.
3 13 Signed this ______ day of _________,________
3 14 Signature __________________________________
3 15 City, County, and State of residence _______
3 16 ____________________________________________
3 17 This declarant is personally known to me and
3 18 voluntarily signed this document in my presence.
3 19 Witness ____________________________________
3 20 Address ____________________________________
3 21 Witness ____________________________________
3 22 Address ____________________________________
3 23 Sec. 4. NEW SECTION. 144D.4 REVOCATION.
3 24 1. A declaration may be revoked at any time and in
3 25 any manner by which the declarant is able to
3 26 communicate the declarant's intent to revoke, without
3 27 regard to the declarant's mental or physical state.
3 28 2. The attending physician shall make the
3 29 revocation a part of the declarant's medical record.
3 30 3. A person is not subject to civil or criminal
3 31 liability for failure to act upon a revocation made
3 32 pursuant to this section unless the person has actual
3 33 or constructive notice of the revocation.
3 34 Sec. 5. NEW SECTION. 144D.5 IMMUNITIES.
3 35 1. In the absence of actual or constructive notice
3 36 of the revocation of a declaration, the following,
3 37 while acting in accordance with the requirements of
3 38 this chapter, are not subject to civil or criminal
3 39 liability or guilty of unprofessional conduct:
3 40 a. A physician who provides assistance-in-dying to
3 41 a qualified patient.
3 42 b. The health care provider in which the
3 43 assistance-in-dying is provided.
3 44 c. A person who participates in providing
3 45 assistance-in-dying to a qualified patient under the
3 46 direction of or with the authorization of the
3 47 physician providing the assistance.
3 48 2. A physician is not subject to civil or criminal
3 49 liability for actions under this chapter which are in
3 50 accord with reasonable medical standards.
4 1 3. A person or health care provider against whom
4 2 criminal or civil liability is asserted because of
4 3 conduct in compliance with this chapter may interpose
4 4 compliance with this chapter as an absolute defense.
4 5 Sec. 6. NEW SECTION. 144D.6 PENALTIES.
4 6 1. A person who willfully conceals, withholds,
4 7 cancels, destroys, alters, defaces, or obliterates the
4 8 declaration of another without the declarant's consent
4 9 is guilty of a serious misdemeanor.
4 10 2. A person who falsifies or forges the
4 11 declaration of another, or who willfully conceals or
4 12 withholds personal knowledge of a revocation with the
4 13 intent to cause the provision of assistance-in-dying
4 14 contrary to the wishes of the declarant, resulting in
4 15 the provision of assistance-in-dying and the hastening
4 16 of the death of another, commits murder as if the
4 17 person had personally killed the declarant.
4 18 Sec. 7. NEW SECTION. 144D.7 GENERAL PROVISIONS.
4 19 1. Prior to providing assistance-in-dying to a
4 20 qualified patient pursuant to a declaration, the
4 21 attending physician shall make a reasonable effort to
4 22 determine that the declaration complies with this
4 23 chapter and that the measures proposed by the
4 24 declaration are in accord with the current desires of
4 25 the qualified patient. The declaration shall only be
4 26 effectuated to end the life of a qualified patient.
4 27 2. Death resulting from the provision of
4 28 assistance-in-dying pursuant to a declaration and in
4 29 accordance with this chapter, does not, for any
4 30 purpose, constitute a suicide or homicide.
4 31 3. The making of a declaration pursuant to section
4 32 144D.3 does not affect in any manner the sale,
4 33 procurement, or issuance of any policy of life
4 34 insurance, and shall not be deemed to modify the terms
4 35 of an existing policy of life insurance. A policy of
4 36 life insurance is not legally impaired or invalidated
4 37 in any manner by the provision of assistance-in-dying
4 38 pursuant to this chapter, notwithstanding any term of
4 39 the policy to the contrary.
4 40 4. A physician, health care provider, accident and
4 41 sickness insurer, health maintenance organization,
4 42 insurer issuing disability insurance, self-insured
4 43 employee welfare benefit plan, or nonprofit health
4 44 service corporation shall not require any person to
4 45 execute a declaration as a condition for being insured
4 46 for, or receiving, health care services.
4 47 5. This chapter does not create a presumption
4 48 concerning the intention of an individual who has not
4 49 executed a declaration with respect to the provision
4 50 of assistance-in-dying procedures in the event of a
5 1 terminal condition.
5 2 6. This chapter shall not be construed to condone,
5 3 authorize, or approve mercy killing or euthanasia, or
5 4 to permit any affirmative or deliberate act or
5 5 omission to end life other than to permit the natural
5 6 process of dying and to permit death with dignity
5 7 through the provision of assistance-in-dying only by a
5 8 physician when voluntarily requested in writing, as
5 9 provided in this chapter, by a conscious and competent
5 10 qualified patient at the time assistance-in-dying is
5 11 to be provided."
5 12 #2. Title page, line 1, by striking the words
5 13 "assisted suicide" and inserting the following:
5 14 "assistance-in-dying".
5 15
5 16
5 17
5 18 SHOULTZ of Black Hawk
5 19 SF 2066.305 76
5 20 pf/cf
Text: H05097 Text: H05099 Text: H05000 - H05099 Text: H Index Bills and Amendments: General Index Bill History: General Index
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