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PAG LIN
1 1 Section 1. NEW SECTION. 707A.1 DEFINITIONS.
1 2 As used in this chapter, unless the context otherwise
1 3 requires:
1 4 1. "Licensed health care professional" means a physician
1 5 and surgeon, podiatrist, osteopath, osteopathic physician and
1 6 surgeon, physician assistant, nurse, dentist, or pharmacist
1 7 required to be licensed under chapter 147.
1 8 2. "Suicide" means the act or instance of taking a
1 9 person's own life voluntarily and intentionally.
1 10 Sec. 2. NEW SECTION. 707A.2 ASSISTING SUICIDE.
1 11 1. A person commits a class "C" felony if the person
1 12 intentionally or knowingly by force or duress causes, aids or
1 13 abets, assists, solicits, or incites another person to commit
1 14 or to attempt to commit suicide.
1 15 2. A person commits a class "D" felony if the person, with
1 16 the purpose of assisting another person to commit or to
1 17 attempt to commit suicide, intentionally or knowingly does
1 18 either of the following:
1 19 a. Provides or assists in providing the physical means by
1 20 which another person commits or attempts to commit suicide.
1 21 b. Participates in a physical act by which another person
1 22 commits or attempts to commit suicide.
1 23 3. A licensed health care professional who violates this
1 24 section is subject to permanent revocation of licensure and
1 25 shall not subsequently be issued a license to provide any
1 26 health care services for which a license is required under
1 27 chapter 147 in this state.
1 28 Sec. 3. NEW SECTION. 707A.3 ACTS OR OMISSIONS NOT
1 29 CONSIDERED ASSISTING SUICIDE.
1 30 1. A licensed health care professional who administers,
1 31 prescribes, or dispenses medications or procedures to relieve
1 32 another person's pain or discomfort, even if the medication or
1 33 procedure may hasten or increase the risk of death, does not
1 34 violate section 707A.2 unless the medications or procedures
1 35 are intentionally or knowingly administered, prescribed, or
2 1 dispensed with the primary intention of causing death.
2 2 2. A licensed health care professional who withholds or
2 3 withdraws a life-sustaining procedure in compliance with
2 4 chapter 144A or 144B does not violate section 707A.2.
2 5 Sec. 4. NEW SECTION. 707A.4 CAUSES OF ACTION.
2 6 1. A cause of action for injunctive relief may be
2 7 maintained against a person who is reasonably believed to be
2 8 about to violate or who is attempting to violate section
2 9 707A.2 and a cause of action for wrongful death may be
2 10 maintained following the death of a person resulting from the
2 11 violation of section 707A.2 by a person who is any of the
2 12 following:
2 13 a. The spouse, parent, child, or sibling of the person who
2 14 would commit suicide or committed suicide.
2 15 b. A person entitled to inherit from the person who would
2 16 commit suicide or committed suicide.
2 17 c. A licensed health care professional who provides
2 18 services to the person who would commit suicide.
2 19 d. A public official with appropriate jurisdiction to
2 20 prosecute or enforce the laws of this state.
2 21 2. Compensatory and exemplary damages may be awarded under
2 22 this section whether or not the plaintiff consents to or has
2 23 prior knowledge of the violation or attempt.
2 24 3. Reasonable attorney's fees shall be awarded to a
2 25 plaintiff who prevails in a civil action brought under this
2 26 section.
2 27 Sec. 5. Section 147.55, Code 1995, is amended by adding
2 28 the following new subsection:
2 29 NEW SUBSECTION. 9. Assisting suicide in violation of
2 30 section 707A.2 if established by any of the following:
2 31 a. A copy of the record of criminal conviction or plea of
2 32 guilty for a felony in violation of section 707A.2.
2 33 b. A copy of the record of a judgment of contempt of court
2 34 for violating an injunction issued pursuant to section 707A.4.
2 35 EXPLANATION
3 1 This bill establishes a penalty of a class "C" felony for
3 2 intentionally or knowingly by force or duress causing, aiding
3 3 or abetting, assisting, soliciting, or inciting another person
3 4 to commit or to attempt suicide. The bill also establishes a
3 5 penalty of a class "D" felony for assisting another person to
3 6 commit or to attempt suicide by providing the other person
3 7 with the physical means by which the other person commits or
3 8 attempts to commit suicide or by participating in a physical
3 9 act by which the other person commits or attempts to commit
3 10 suicide.
3 11 The bill specifies acts or omissions not considered to be
3 12 assisting suicide including that prescribing or dispensing
3 13 medications or procedures to relieve pain or discomfort, even
3 14 if the medications or procedures may hasten or increase the
3 15 risk of death, does not constitute assisting suicide, unless
3 16 the medications or procedures are intentionally or knowingly
3 17 administered, prescribed or dispensed with the primary
3 18 intention of causing death; or that the licensed health care
3 19 professional withholds or withdraws life-sustaining procedures
3 20 in compliance with the life-sustaining procedures Act or with
3 21 durable power of attorney for health care provisions.
3 22 The bill also establishes that a cause of action for
3 23 injunctive relief may be maintained against a person who is
3 24 reasonably believed to be about to violate or who is
3 25 attempting to violate the provisions of the bill and provides
3 26 for the maintaining of a cause of action for wrongful death
3 27 following the death of a person resulting from a violation of
3 28 the bill. A cause of action may be maintained by a spouse,
3 29 parent, child or sibling of the person who would commit or
3 30 committed suicide; by a person entitled to inherit from the
3 31 person who would commit or who committed suicide; by a
3 32 licensed health care professional who provides services to the
3 33 person who would commit suicide; or by a public official with
3 34 jurisdiction to prosecute or enforce state law. The bill
3 35 provides payment of compensatory and exemplary damages and for
4 1 awarding of reasonable attorney's fees to the prevailing party
4 2 in a civil suit.
4 3 The bill also includes violation of the bill as grounds for
4 4 revocation or suspension of licensure of a licensed health
4 5 care professional if the violation is established through
4 6 provision of a copy of the record of criminal conviction or
4 7 plea of guilty for a felony in violation of the bill to the
4 8 examining board, or if a copy of the record of a judgment of
4 9 contempt of court for violation of an injunction issued under
4 10 the bill is provided to the examining board.
4 11 LSB 2012SC 76
4 12 pf/sc/14
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