House File 2425 - Introduced
HOUSE FILE
BY MASCHER
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the creation of the death with dignity Act,
2 providing penalties, and providing a repeal.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 6345YH 81
5 pf/gg/14
PAG LIN
1 1 Section 1. NEW SECTION. 135N.1 SHORT TITLE.
1 2 This chapter shall be known and may be cited as the "Death
1 3 With Dignity Act".
1 4 Sec. 2. NEW SECTION. 135N.2 DEFINITIONS.
1 5 As used in this chapter, unless the context otherwise
1 6 requires:
1 7 1. "Adult" means an individual who is eighteen years of
1 8 age or older.
1 9 2. "Attending physician" means the physician who has
1 10 primary responsibility for the care of the patient and
1 11 treatment of the patient's terminal disease.
1 12 3. "Capable" means that in the opinion of a court or in
1 13 the opinion of the patient's attending physician or consulting
1 14 physician, psychiatrist, or psychologist, a patient has the
1 15 ability to make and communicate health care decisions to
1 16 health care providers, including communication through persons
1 17 familiar with the patient's manner of communicating if those
1 18 persons are available.
1 19 4. "Consulting physician" means a physician who is
1 20 qualified by specialty or experience to make a professional
1 21 diagnosis and prognosis regarding the patient's disease.
1 22 5. "Counseling" means one or more consultations as
1 23 necessary between a psychiatrist or psychologist and a patient
1 24 for the purpose of determining that the patient is capable and
1 25 not suffering from a psychiatric or psychological disorder or
1 26 depression causing impaired judgment.
1 27 6. "Department" means the Iowa department of public
1 28 health.
1 29 7. "Health care provider" means a person licensed,
1 30 certified, or otherwise authorized or permitted by the law of
1 31 this state to administer health care or dispense medication in
1 32 the ordinary course of business or practice of a profession,
1 33 and includes a health care facility as defined in section
1 34 135C.1 and a hospital as defined in section 135B.1.
1 35 8. "Informed decision" means a decision by a qualified
2 1 patient to request and obtain a prescription to end the
2 2 patient's life in a humane and dignified manner that is based
2 3 on an appreciation of the relevant facts and after being fully
2 4 informed by the attending physician as required by section
2 5 135N.4, subsection 1, paragraph "c".
2 6 9. "Medically confirmed" means the medical opinion of the
2 7 attending physician has been confirmed by a consulting
2 8 physician who has examined the patient and the patient's
2 9 relevant medical records.
2 10 10. "Patient" means a person who is under the care of a
2 11 physician.
2 12 11. "Physician" means a person licensed to practice
2 13 medicine and surgery, osteopathy, or osteopathic medicine and
2 14 surgery in this state pursuant to chapter 148, 150, or 150A.
2 15 12. "Psychiatrist" means a psychiatrist licensed under
2 16 chapter 148 or 150A.
2 17 13. "Psychologist" means a psychologist licensed pursuant
2 18 to chapter 154B.
2 19 14. "Qualified patient" means a capable adult who is a
2 20 resident of Iowa and has satisfied the requirements of this
2 21 chapter to obtain a prescription for medication to end the
2 22 patient's life in a humane and dignified manner.
2 23 15. "Terminal disease" means an incurable and irreversible
2 24 disease that has been medically confirmed and will, based on
2 25 reasonable medical judgment, result in death within six
2 26 months.
2 27 Sec. 3. NEW SECTION. 135N.3 WRITTEN REQUEST == FORM.
2 28 1. An adult who is capable, is a resident of Iowa, has
2 29 been determined by the attending physician and consulting
2 30 physician to be suffering from a terminal disease, and has
2 31 voluntarily expressed the wish to die, may submit a written
2 32 request for a prescription for medication for the purpose of
2 33 ending the adult's life in a humane and dignified manner in
2 34 accordance with this chapter.
2 35 2. A person is not a qualified patient under this chapter
3 1 solely based on age or disability.
3 2 3. A valid request for a prescription for medication shall
3 3 be in substantially the form described in section 135N.22,
3 4 signed and dated by the patient and witnessed by at least two
3 5 individuals who, in the presence of the patient, attest that
3 6 to the best of their knowledge and belief the patient is
3 7 capable, acting voluntarily, and is not being coerced to sign
3 8 the request.
3 9 a. One of the witnesses shall be a person who is not any
3 10 of the following:
3 11 (1) A relative of the patient by blood, marriage, or
3 12 adoption.
3 13 (2) A person who at the time the request is signed would
3 14 be entitled to any portion of the estate of the patient upon
3 15 death under any will or by operation of law.
3 16 (3) An owner, operator, or employee of a health care
3 17 facility where the patient is receiving medical treatment or
3 18 is a resident.
3 19 (4) The patient's attending physician at the time the
3 20 request is signed.
3 21 b. If the patient is a patient in a long=term care
3 22 facility at the time the written request is submitted, one of
3 23 the witnesses shall be an individual designated by the
3 24 facility and having the qualifications specified by rule of
3 25 the department.
3 26 Sec. 4. NEW SECTION. 135N.4 ATTENDING PHYSICIAN
3 27 RESPONSIBILITIES.
3 28 1. The attending physician shall do all of the following:
3 29 a. Make the initial determination of whether a patient has
3 30 a terminal disease, is capable, and has made the request
3 31 voluntarily.
3 32 b. Request that the patient demonstrate Iowa residency
3 33 pursuant to section 135N.13.
3 34 c. To ensure that the patient is making an informed
3 35 decision, inform the patient of all of the following:
4 1 (1) The patient's medical diagnosis.
4 2 (2) The patient's prognosis.
4 3 (3) The potential risks associated with taking the
4 4 medication to be prescribed.
4 5 (4) The probable result of taking the medication to be
4 6 prescribed.
4 7 (5) The feasible alternatives, including but not limited
4 8 to comfort care, hospice care, and pain control.
4 9 d. Refer the patient to a consulting physician for medical
4 10 confirmation of the diagnosis, and for a determination that
4 11 the patient is capable and acting voluntarily.
4 12 e. Refer the patient for counseling, if appropriate,
4 13 pursuant to section 135N.6.
4 14 f. Recommend that the patient notify next of kin.
4 15 g. Counsel the patient about the importance of having
4 16 another person present when the patient takes the medication
4 17 prescribed and of not taking the medication in a public place.
4 18 h. Inform the patient that the patient has an opportunity
4 19 to rescind the request at any time and in any manner, and
4 20 offer the patient an opportunity to rescind at the end of the
4 21 fifteen=day waiting period pursuant to section 135N.9.
4 22 i. Verify, immediately prior to writing the prescription
4 23 for medication, that the patient is making an informed
4 24 decision.
4 25 j. Fulfill the medical record documentation requirements
4 26 of section 135N.12.
4 27 k. Ensure that all appropriate steps are carried out in
4 28 accordance with this chapter prior to writing a prescription
4 29 for medication to enable a qualified patient to end the
4 30 patient's life in a humane and dignified manner.
4 31 l. Dispense medications directly, including ancillary
4 32 medications intended to facilitate the desired effect to
4 33 minimize the patient's discomfort, provided the attending
4 34 physician is registered as a dispensing physician with the
4 35 board of medical examiners, has a current United States drug
5 1 enforcement administration certificate and complies with all
5 2 applicable administrative rules, or, with the patient's
5 3 written consent, contact a pharmacist and inform the
5 4 pharmacist of the prescription and deliver the written
5 5 prescription personally or by mail to the pharmacist, who will
5 6 dispense the medications to either the patient, the attending
5 7 physician, or an expressly identified agent of the patient.
5 8 2. Notwithstanding any other provision of law to the
5 9 contrary, the attending physician may sign the patient's death
5 10 certificate.
5 11 Sec. 5. NEW SECTION. 135N.5 CONSULTING PHYSICIAN
5 12 CONFIRMATION.
5 13 Before a patient is qualified under this chapter, a
5 14 consulting physician shall examine the patient and the
5 15 patient's relevant medical records and confirm, in writing,
5 16 the attending physician's diagnosis that the patient is
5 17 suffering from a terminal disease, and verify that the patient
5 18 is capable, is acting voluntarily, and has made an informed
5 19 decision.
5 20 Sec. 6. NEW SECTION. 135N.6 COUNSELING REFERRAL.
5 21 If in the opinion of the attending physician or the
5 22 consulting physician a patient may be suffering from a
5 23 psychiatric or psychological disorder or depression causing
5 24 impaired judgment, either physician shall refer the patient
5 25 for counseling. Medication to end a patient's life in a
5 26 humane and dignified manner shall not be prescribed until the
5 27 person performing the counseling determines that the patient
5 28 is not suffering from a psychiatric or psychological disorder
5 29 or depression causing impaired judgment.
5 30 Sec. 7. NEW SECTION. 135N.7 INFORMED DECISION.
5 31 A person shall not receive a prescription for medication to
5 32 end the person's life in a humane and dignified manner unless
5 33 the person has made an informed decision. Immediately prior
5 34 to writing a prescription for medication under this chapter,
5 35 the attending physician shall verify that the patient is
6 1 making an informed decision.
6 2 Sec. 8. NEW SECTION. 135N.8 FAMILY NOTIFICATION.
6 3 The attending physician shall recommend that the patient
6 4 notify the next of kin of the patient's request for a
6 5 prescription for medication pursuant to this chapter. A
6 6 patient who declines or is unable to notify next of kin shall
6 7 not have the patient's request denied for that reason.
6 8 Sec. 9. NEW SECTION. 135N.9 WRITTEN AND ORAL REQUESTS.
6 9 In order to receive a prescription for medication to end a
6 10 patient's life in a humane and dignified manner, a qualified
6 11 patient shall have made an oral request and a written request,
6 12 and reiterate the oral request to the patient's attending
6 13 physician no less than fifteen days after making the initial
6 14 oral request. At the time the qualified patient makes the
6 15 second oral request, the attending physician shall offer the
6 16 patient an opportunity to rescind the request.
6 17 Sec. 10. NEW SECTION. 135N.10 RIGHT TO RESCIND REQUEST.
6 18 A patient may rescind the patient's request at any time and
6 19 in any manner without regard to the patient's mental state. A
6 20 prescription for medication under this chapter shall not be
6 21 written without the attending physician offering the qualified
6 22 patient an opportunity to rescind the request.
6 23 Sec. 11. NEW SECTION. 135N.11 WAITING PERIODS.
6 24 At least fifteen days shall elapse between the patient's
6 25 initial oral request and the writing of a prescription under
6 26 this chapter. At least forty=eight hours shall elapse between
6 27 the patient's written request and the writing of a
6 28 prescription under this chapter.
6 29 Sec. 12. NEW SECTION. 135N.12 MEDICAL RECORD
6 30 DOCUMENTATION REQUIREMENTS.
6 31 All of the following shall be documented or filed in the
6 32 patient's medical record:
6 33 1. All oral requests by a patient for a prescription for
6 34 medication to end the patient's life in a humane and dignified
6 35 manner.
7 1 2. All written requests by a patient for a prescription
7 2 for medication to end the patient's life in a humane and
7 3 dignified manner.
7 4 3. The attending physician's diagnosis and prognosis,
7 5 determination that the patient is capable, is acting
7 6 voluntarily, and has made an informed decision.
7 7 4. The consulting physician's diagnosis and prognosis, and
7 8 verification that the patient is capable, is acting
7 9 voluntarily, and has made an informed decision.
7 10 5. A report of the outcome and determinations made during
7 11 counseling, if performed.
7 12 6. The attending physician's offer to the patient to
7 13 rescind the patient's request at the time of the patient's
7 14 second oral request pursuant to section 135N.9.
7 15 7. A note by the attending physician indicating that all
7 16 requirements under this chapter have been met and indicating
7 17 the steps taken to carry out the request, including a notation
7 18 of the medication prescribed.
7 19 Sec. 13. NEW SECTION. 135N.13 RESIDENCY REQUIREMENT.
7 20 Only requests made by residents of this state under this
7 21 chapter shall be granted. Factors demonstrating residency
7 22 include but are not limited to:
7 23 1. Possession of an Iowa driver's license.
7 24 2. Registration to vote in this state.
7 25 3. Evidence that the person owns or leases property in
7 26 this state.
7 27 4. Filing of an Iowa tax return for the most recent tax
7 28 year.
7 29 Sec. 14. NEW SECTION. 135N.14 REPORTING REQUIREMENTS.
7 30 The department shall do all of the following:
7 31 1. Annually review a sample of records maintained pursuant
7 32 to this chapter.
7 33 2. Require any health care provider upon dispensing
7 34 medication pursuant to this chapter to file a copy of the
7 35 dispensing record with the department.
8 1 3. Adopt rules to facilitate the collection of information
8 2 regarding compliance with this chapter. Except as otherwise
8 3 required by law, the information collected shall not be a
8 4 public record and shall not be made available for inspection
8 5 by the public.
8 6 4. Generate and make available to the public an annual
8 7 statistical report of information collected under subsection
8 8 3.
8 9 Sec. 15. NEW SECTION. 135N.15 EFFECT ON CONSTRUCTION OF
8 10 WILLS, CONTRACTS, AND STATUTES.
8 11 1. A provision in a contract, will, or other agreement,
8 12 whether written or oral, to the extent the provision would
8 13 affect whether a person may make or rescind a request for a
8 14 prescription for medication to end the person's life under
8 15 this chapter, shall not be valid.
8 16 2. An obligation owing under any currently existing
8 17 contract shall not be conditioned or affected by the making or
8 18 rescinding of a request, by a person, for a prescription for
8 19 medication to end the person's life under this chapter.
8 20 Sec. 16. NEW SECTION. 135N.16 INSURANCE OR ANNUITY
8 21 POLICIES.
8 22 The sale, procurement, or issuance of any life, health, or
8 23 accident insurance or annuity policy or the rate charged for
8 24 any policy shall not be conditioned upon or affected by the
8 25 making or rescinding of a request, by a person, for a
8 26 prescription for medication to end the person's life under
8 27 this chapter. A qualified patient's act of ingesting
8 28 medication to end the patient's life under this chapter shall
8 29 not have an effect upon a life, health, or accident insurance
8 30 or annuity policy.
8 31 Sec. 17. NEW SECTION. 135N.17 CONSTRUCTION.
8 32 1. This chapter shall not be construed to authorize a
8 33 physician or any other person to end a patient's life by
8 34 lethal injection, mercy killing, or active euthanasia.
8 35 Actions taken in accordance with this chapter shall not, for
9 1 any purpose, constitute suicide, assisted suicide, mercy
9 2 killing, or homicide, under the law.
9 3 2. This chapter shall not be construed to allow a lower
9 4 standard of care for patients in the community where the
9 5 patients are treated or in a similar community.
9 6 Sec. 18. NEW SECTION. 135N.18 IMMUNITIES == BASIS FOR
9 7 PROHIBITING HEALTH CARE PROVIDER FROM PARTICIPATION ==
9 8 NOTIFICATION == PERMISSIBLE SANCTIONS.
9 9 1. Except as provided in section 135N.19:
9 10 a. A person shall not be subject to civil or criminal
9 11 liability or professional disciplinary action for
9 12 participating in good faith compliance with this chapter.
9 13 This participation includes being present when a qualified
9 14 patient takes the prescribed medication to end the patient's
9 15 life under this chapter.
9 16 b. A professional organization or association, or health
9 17 care provider, shall not subject a person to censure,
9 18 discipline, suspension, loss of license, loss of privileges,
9 19 loss of membership, or other penalty for participating or
9 20 refusing to participate in good faith compliance with this
9 21 chapter.
9 22 c. A request by a patient for or provision by an attending
9 23 physician of medication in good faith compliance with this
9 24 chapter shall not constitute neglect for any purpose of law or
9 25 provide the sole basis for the appointment of a guardian or
9 26 conservator.
9 27 d. A health care provider shall not be under any duty,
9 28 whether by contract, by statute, or by any other legal
9 29 requirement to participate in the provision to a qualified
9 30 patient of medication to end the qualified patient's life
9 31 under this chapter. If a health care provider is unable or
9 32 unwilling to carry out a qualified patient's request under
9 33 this chapter, and the qualified patient transfers the
9 34 qualified patient's care to a new health care provider, the
9 35 prior health care provider shall transfer, upon request, a
10 1 copy of the qualified patient's relevant medical records to
10 2 the new health care provider.
10 3 e. (1) Notwithstanding any other provision of law to the
10 4 contrary, a health care provider may prohibit another health
10 5 care provider from participating in this chapter on the
10 6 premises of the prohibiting provider if the prohibiting
10 7 provider has notified the health care provider of the
10 8 prohibiting provider's policy regarding participating in this
10 9 chapter. This subparagraph shall not prevent a health care
10 10 provider from providing health care services to a patient that
10 11 do not constitute participation in this chapter.
10 12 (2) Notwithstanding the provisions of paragraphs "a"
10 13 through "d", a health care provider may subject another health
10 14 care provider to the following sanctions if the sanctioning
10 15 health care provider has notified the sanctioned health care
10 16 provider prior to participation in this chapter that the
10 17 sanctioning health care provider prohibits participation in
10 18 this chapter.
10 19 (a) Loss of privileges, loss of membership, or other
10 20 sanctions provided pursuant to the medical staff bylaws,
10 21 policies, and procedures of the sanctioning health care
10 22 provider if the sanctioned health care provider is a member of
10 23 the sanctioning health care provider's medical staff and
10 24 participates in this chapter while on the premises of the
10 25 sanctioning health care provider, but not including the
10 26 private medical office of a physician or other health care
10 27 provider.
10 28 (b) Termination of lease or other property contract or
10 29 other nonmonetary remedies provided by lease contract, not
10 30 including loss or restriction of medical staff privileges or
10 31 exclusion from a health care provider panel, if the sanctioned
10 32 health care provider participates in this chapter while on the
10 33 premises of the sanctioning health care provider or on
10 34 property that is owned by or under the direct control of the
10 35 sanctioning health care provider.
11 1 (c) Termination of contract or other nonmonetary remedies
11 2 provided by contract if the sanctioned health care provider
11 3 participates in this chapter while acting in the course and
11 4 scope of the sanctioned health care provider's capacity as an
11 5 employee or independent contractor of the sanctioning health
11 6 care provider. Nothing in this subparagraph subdivision (c)
11 7 shall be construed to prevent any of the following:
11 8 (i) A health care provider from participating in this
11 9 chapter while acting outside the course and scope of the
11 10 health care provider's capacity as an employee or independent
11 11 contractor.
11 12 (ii) A patient from contracting with the patient's
11 13 attending physician and consulting physician to act outside
11 14 the course and scope of the health care provider's capacity as
11 15 an employee or independent contractor of the sanctioning
11 16 health care provider.
11 17 (3) A health care provider that imposes sanctions pursuant
11 18 to paragraph "e", subparagraph (2), shall follow all due
11 19 process and other procedures the sanctioning health care
11 20 provider may have in place that are related to the imposition
11 21 of sanctions on another health care provider.
11 22 2. For purposes of this section:
11 23 a. "Notify" means a separate statement in writing to the
11 24 health care provider specifically informing the health care
11 25 provider prior to the health care provider's participation in
11 26 this chapter of the sanctioning health care provider's policy
11 27 about participation in activities covered by this chapter.
11 28 b. "Participate" means to perform the duties of an
11 29 attending physician pursuant to section 135N.4, the consulting
11 30 physician function pursuant to section 135N.5, or the
11 31 counseling function pursuant to section 135N.6. "Participate"
11 32 does not include any of the following:
11 33 (1) Making an initial determination that a patient has a
11 34 terminal disease and informing the patient of the medical
11 35 prognosis.
12 1 (2) Providing information about this chapter to a patient
12 2 upon the request of the patient.
12 3 (3) Providing a patient, upon the request of the patient,
12 4 with a referral to another physician.
12 5 (4) A patient contracting with the patient's attending
12 6 physician and consulting physician to act outside of the
12 7 course and scope of the provider's capacity as an employee or
12 8 independent contractor of the sanctioning health care
12 9 provider.
12 10 3. Suspension or termination of staff membership or
12 11 privileges under subsection 1, paragraph "e", is not
12 12 reportable to the board of medical examiners as medical
12 13 incompetence or unprofessional or dishonorable conduct.
12 14 Action taken pursuant to section 135N.3, 135N.4, 135N.5, or
12 15 135N.6 shall not be the sole basis for a report to the board
12 16 of medical examiners of unprofessional or dishonorable
12 17 conduct.
12 18 Sec. 19. NEW SECTION. 135N.19 CRIMINAL PENALTIES.
12 19 1. A person who without authorization of the patient
12 20 willfully alters or forges a request for a prescription for
12 21 medication or conceals or destroys a recision of that request
12 22 with the intent or effect of causing the patient's death is
12 23 guilty of a class "A" felony.
12 24 2. A person who coerces or exerts undue influence on a
12 25 patient to request a prescription for medication for the
12 26 purpose of ending the patient's life, or to conceal or destroy
12 27 a recision of such a request, is guilty of a class "A" felony.
12 28 3. This chapter shall not be construed to limit further
12 29 liability for civil damages resulting from other negligent
12 30 conduct or intentional misconduct by any person.
12 31 4. The penalties specified in this section do not preclude
12 32 the application of other criminal penalties under law for
12 33 conduct which is inconsistent with this chapter.
12 34 Sec. 20. NEW SECTION. 135N.20 ACTS OR OMISSIONS NOT
12 35 CONSIDERED VIOLATIONS.
13 1 1. A health care provider who administers, prescribes, or
13 2 dispenses medications or who performs or prescribes procedures
13 3 to relieve another person's pain or discomfort, even if the
13 4 medication or procedure may hasten or increase the risk of
13 5 death, does not violate this chapter.
13 6 2. A health care provider who withholds or withdraws a
13 7 life=sustaining procedure in compliance with chapter 144A or
13 8 144B does not violate this chapter.
13 9 Sec. 21. NEW SECTION. 135N.21 CLAIMS BY GOVERNMENTAL
13 10 ENTITY FOR COSTS INCURRED.
13 11 A governmental entity that incurs costs resulting from a
13 12 person terminating the person's life under this chapter in a
13 13 public place shall have a claim against the estate of the
13 14 person to recover such costs and reasonable attorney fees
13 15 related to enforcing the claim.
13 16 Sec. 22. NEW SECTION. 135N.22 FORM OF THE REQUEST FOR
13 17 MEDICATION.
13 18 A request for a prescription for medication as authorized
13 19 by this chapter shall be in substantially the following form:
13 20 REQUEST FOR PRESCRIPTION FOR MEDICATION
13 21 TO END MY LIFE IN A HUMANE
13 22 AND DIGNIFIED MANNER
13 23 I, ______________________, am an adult of sound mind.
13 24 I am suffering from ___________, which my attending
13 25 physician has determined is a terminal disease and which has
13 26 been medically confirmed by a consulting physician.
13 27 I have been fully informed of my diagnosis, prognosis, the
13 28 nature of medication to be prescribed and potential associated
13 29 risks, the expected result, and the feasible alternatives,
13 30 including comfort care, hospice care, and pain control.
13 31 I request that my attending physician prescribe medication
13 32 that will end my life in a humane and dignified manner.
13 33 INITIAL ONE:
13 34 ______ I have informed my family of my decision and taken
13 35 their opinions into consideration.
14 1 ______ I have decided not to inform my family of my
14 2 decision.
14 3 ______ I have no family to inform of my decision.
14 4 I understand that I have the right to rescind this request
14 5 at any time.
14 6 I understand the full import of this request and I expect
14 7 to die when I take the medication to be prescribed. I further
14 8 understand that although most deaths occur within three hours,
14 9 my death may take longer and my physician has counseled me
14 10 about this possibility.
14 11 I make this request voluntarily and without reservation,
14 12 and I accept full moral responsibility for my actions.
14 13 Signed: ___________________
14 14 Dated: ___________________
14 15 DECLARATION OF WITNESSES
14 16 We declare that the person signing this request:
14 17 1. Is personally known to us or has provided proof of
14 18 identity.
14 19 2. Signed this request in our presence.
14 20 3. Appears to be of sound mind and not under duress,
14 21 fraud, or undue influence.
14 22 4. Is not a patient for whom either of us is the attending
14 23 physician.
14 24 __________________________ Witness 1/Date
14 25 __________________________ Witness 2/Date
14 26 NOTE: One witness shall not be a relative (by blood,
14 27 marriage, or adoption) of the person signing this request,
14 28 shall not be entitled to any portion of the person's estate
14 29 upon death, and shall not own, operate, or be employed at a
14 30 health care facility where the person is a patient or
14 31 resident. If the patient is an inpatient at a health care
14 32 facility, one of the witnesses shall be an individual
14 33 designated by the facility.
14 34 Sec. 23. Section 901.3, subsection 7, Code 2005, is
14 35 amended by striking the subsection.
15 1 Sec. 24. Chapter 707A, Code 2005, is repealed.
15 2 EXPLANATION
15 3 This bill provides a procedure for a person to request, in
15 4 writing, medication for the purpose of ending the person's
15 5 life in a humane and dignified manner. The bill requires that
15 6 a person making such a request must be an adult who is
15 7 capable, is a resident of Iowa, and has been determined by the
15 8 attending physician and consulting physician to be suffering
15 9 from a terminal illness and who has voluntarily expressed the
15 10 person's wish to die. The bill provides for the form of the
15 11 written request, the duties of the attending physician, the
15 12 confirmation by a consulting physician, counseling, family
15 13 notification, the right to rescind the request, waiting
15 14 periods, medical record documentation, residency requirements,
15 15 reporting requirements, the effect on construction of wills,
15 16 contracts, and statutes, the effect on insurance or annuity
15 17 policies, immunities, and criminal penalties. The bill also
15 18 provides that the form used for the request be in
15 19 substantially the form described in the bill. The bill
15 20 repeals the current chapter of the Code that prohibits
15 21 assisting suicide.
15 22 LSB 6345YH 81
15 23 pf:rj/gg/14