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House Journal: Page 401: Wednesday, February 21, 1996

45   assistance-in-dying to a qualified patient under the
46   direction of or with the authorization of the
47   physician providing the assistance.
48     2.  A physician is not subject to civil or criminal
49   liability for actions under this chapter which are in
50   accord with reasonable medical standards.

Page   4

 1     3.  A person or health care provider against whom
 2   criminal or civil liability is asserted because of
 3   conduct in compliance with this chapter may interpose
 4   compliance with this chapter as an absolute defense.
 5     Sec. 6.  NEW SECTION.  144D.6  PENALTIES.
 6     1.  A person who willfully conceals, withholds,
 7   cancels, destroys, alters, defaces, or obliterates the
 8   declaration of another without the declarant's consent
 9   is guilty of a serious misdemeanor.
10     2.  A person who falsifies or forges the
11   declaration of another, or who willfully conceals or
12   withholds personal knowledge of a revocation with the
13   intent to cause the provision of assistance-in-dying
14   contrary to the wishes of the declarant, resulting in
15   the provision of assistance-in-dying and the hastening
16   of the death of another, commits murder as if the
17   person had personally killed the declarant.
18     Sec. 7.  NEW SECTION.  144D.7  GENERAL PROVISIONS.
19     1. Prior to providing assistance-in-dying to a
20   qualified patient pursuant to a declaration, the
21   attending physician shall make a reasonable effort to
22   determine that the declaration complies with this
23   chapter and that the measures proposed by the
24   declaration are in accord with the current desires of
25   the qualified patient.  The declaration shall only be
26   effectuated to end the life of a qualified patient.
27     2.  Death resulting from the provision of
28   assistance-in-dying pursuant to a declaration and in
29   accordance with this chapter, does not, for any
30   purpose, constitute a suicide or homicide.
31     3.  The making of a declaration pursuant to section
32   144D.3 does not affect in any manner the sale,
33   procurement, or issuance of any policy of life
34   insurance, and shall not be deemed to modify the terms
35   of an existing policy of life insurance.  A policy of
36   life insurance is not legally impaired or invalidated
37   in any manner by the provision of assistance-in-dying
38   pursuant to this chapter, notwithstanding any term of
39   the policy to the contrary.
40     4.  A physician, health care provider, accident and
41   sickness insurer, health maintenance organization,
42   insurer issuing disability insurance, self-insured
43   employee welfare benefit plan, or nonprofit health
44   service corporation shall not require any person to

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