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House Journal: Page 399: Wednesday, February 21, 1996

45     7.  "Physician" means a person licensed to practice
46   medicine and surgery, osteopathy, or osteopathic
47   medicine and surgery in this state.
48     8.  "Qualified patient" means a patient who has
49   executed a declaration in accordance with this chapter
50   and who has been diagnosed to be in a terminal

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 1   condition, by two physicians, one of whom is the
 2   attending physician, and both of whom have personally
 3   examined the patient and have certified in writing the
 4   diagnosis of the patient's terminal condition.
 5     9.  "Terminal condition" means an incurable or
 6   irreversible condition that, without the
 7   administration of life-sustaining procedures, will, in
 8   the opinion of two physicians having examined the
 9   patient and exercising reasonable medical judgment,
10   result in the death of the patient within six months.
11     Sec. 3.  NEW SECTION.  144D.3  DECLARATION RELATING
12   TO THE PROVISION OF ASSISTANCE-IN-DYING.
13     1.  A competent adult may execute a declaration to
14   request assistance-in-dying at any time.  The
15   declaration shall be given operative effect only if
16   the declarant's condition is determined to be
17   terminal.  Prior to effectuating a declaration, the
18   diagnosis of a terminal condition by two physicians
19   shall be verified in writing, attached to the
20   declaration, and made a permanent part of the
21   patient's medical records.
22     2.  The declaration shall be signed by the
23   declarant in the presence of two witnesses, neither of
24   whom is any of the following:
25     a.  A person who would be entitled to any portion
26   of the estate of the declarant, upon the declarant's
27   death, under any will of the declarant, then existing,
28   or at the time of the declaration by operation of
29   existing law.
30     b.  The attending physician, an employee of the
31   attending physician, or a health care provider in
32   which the declarant is a patient.
33     3.  It is the responsibility of the declarant to
34   provide the declarant's attending physician with the
35   declaration.
36     4.  The declaration, or a copy of the declaration,
37   shall be made a part of the patient's medical record
38   by the attending physician.
39     5.  A declaration executed pursuant to this chapter
40   shall be essentially in the following form, but may
41   also include other directions as specified by the
42   declarant:
43                         DECLARATION
44     I, ________, being of sound mind, willfully, and

Iowa General Assembly

Index: House Journal (76th General Assembly: Session 2)

© 1996 Cornell College and League of Women Voters of Iowa

Comments? hjourn@legis.iowa.gov.

Last update: Thu Feb 22 13:15:02 CST 1996
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