1     
UTAH DEATH WITH DIGNITY ACT

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Rebecca Chavez-Houck

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill amends the Utah Uniform Probate Code to enact the Utah Death with Dignity
10     Act.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     designates when a person may make a request for medication;
15          ▸     establishes attending physician responsibilities;
16          ▸     requires a consulting physician confirmation;
17          ▸     provides for a counseling referral when needed;
18          ▸     requires an informed decision;
19          ▸     encourages family notification;
20          ▸     requires a written and oral request and ability to rescind request at any time;
21          ▸     requires waiting periods;
22          ▸     includes:
23               •      documentation and reporting requirements; and
24               •      a requirement that the patient be a resident of the state;
25          ▸     establishes the effect of the decision to end a person's life on wills, contracts, and
26          insurance or annuity contracts;
27          ▸     provides limited immunities and procedures for permissible sanctions;

28          ▸     establishes criminal penalties for certain actions; and
29          ▸     provides a uniform form for patient consent.
30     Money Appropriated in this Bill:
31          None
32     Other Special Clauses:
33          This bill provides a special effective date.
34     Utah Code Sections Affected:
35     ENACTS:
36          75-2c-101, Utah Code Annotated 1953
37          75-2c-102, Utah Code Annotated 1953
38          75-2c-103, Utah Code Annotated 1953
39          75-2c-104, Utah Code Annotated 1953
40          75-2c-105, Utah Code Annotated 1953
41          75-2c-106, Utah Code Annotated 1953
42          75-2c-107, Utah Code Annotated 1953
43          75-2c-108, Utah Code Annotated 1953
44          75-2c-109, Utah Code Annotated 1953
45          75-2c-110, Utah Code Annotated 1953
46          75-2c-111, Utah Code Annotated 1953
47          75-2c-112, Utah Code Annotated 1953
48          75-2c-113, Utah Code Annotated 1953
49          75-2c-114, Utah Code Annotated 1953
50          75-2c-115, Utah Code Annotated 1953
51          75-2c-116, Utah Code Annotated 1953
52          75-2c-117, Utah Code Annotated 1953
53          75-2c-118, Utah Code Annotated 1953
54          75-2c-119, Utah Code Annotated 1953
55          75-2c-120, Utah Code Annotated 1953
56          75-2c-121, Utah Code Annotated 1953
57          75-2c-122, Utah Code Annotated 1953
58     


59     Be it enacted by the Legislature of the state of Utah:
60          Section 1. Section 75-2c-101 is enacted to read:
61     
CHAPTER 2c. UTAH DEATH WITH DIGNITY ACT

62          75-2c-101. Title.
63          This chapter is known as the "Utah Death with Dignity Act."
64          Section 2. Section 75-2c-102 is enacted to read:
65          75-2c-102. Definitions.
66          As used in this chapter:
67          (1) "Adult" means an individual who is 18 years of age or older.
68          (2) "Attending physician" means the physician who has primary responsibility for the
69     care of the patient and treatment of the patient's terminal disease.
70          (3) "Capable" means that in the opinion of a court or in the opinion of the patient's
71     attending physician or consulting physician, psychiatrist or psychologist, a patient has the
72     ability to make and communicate health care decisions to health care providers, including
73     communication through persons familiar with the patient's manner of communicating if those
74     persons are available.
75          (4) "Consulting physician" means a physician who is qualified by specialty or
76     experience to make a professional diagnosis and prognosis regarding the patient's disease.
77          (5) "Counseling" means one or more consultations as necessary between a state
78     licensed psychiatrist or psychologist and a patient for the purpose of determining that the
79     patient is capable and not suffering from a psychiatric or psychological disorder or depression
80     causing impaired judgment.
81          (6) "Health care provider" means a person licensed, certified, or otherwise authorized
82     or permitted by the law of this state to administer health care or dispense medication in the
83     ordinary course of business or practice of a profession and includes a health care facility.
84          (7) "Informed decision" means a decision by a qualified patient to request and obtain a
85     prescription to end the patient's life in a humane and dignified manner that is based on an
86     appreciation of the relevant facts and after being fully informed by the attending physician of:
87          (a) the patient's medical diagnosis;
88          (b) the patient's prognosis;
89          (c) the potential risks associated with taking the medication to be prescribed;

90          (d) the probable result of taking the medication to be prescribed; and
91          (e) the feasible alternatives, including comfort care, hospice care, and pain control.
92          (8) "Intractable and unbearable illness" means a bodily disorder that cannot be cured or
93     successfully palliated and that causes such severe suffering that a patient prefers death.
94          (9) "Medically confirmed" means the medical opinion of the attending physician has
95     been confirmed by a consulting physician who has examined the patient and the patient's
96     relevant medical records.
97          (10) "Patient" means a person who is under the care of a physician.
98          (11) "Physician" means a doctor of medicine or osteopathy licensed to practice
99     medicine in the state.
100          (12) "Qualified patient" means a capable adult who is a resident of Utah and has
101     satisfied the requirements of this chapter to obtain a prescription for medication to end the
102     patient's life in a humane and dignified manner.
103          (13) "Self administer" means a qualified individual's affirmative, conscious act of using
104     the medication to bring about the individual's own peaceful and humane death.
105          (14) "Terminal disease" means an incurable and irreversible disease that has been
106     medically confirmed and will, within reasonable medical judgment, produce death within six
107     months.
108          Section 3. Section 75-2c-103 is enacted to read:
109          75-2c-103. Initiation of written request for medication.
110          (1) A person may make a written request for medication for the purpose of ending the
111     person's life in a humane and dignified manner in accordance with this chapter if the person:
112          (a) is an adult;
113          (b) is capable;
114          (c) is a resident of Utah;
115          (d) has been determined by the attending physician and consulting physician to be:
116          (i) suffering from a terminal disease; or
117          (ii) an intractable and unbearable illness; and
118          (e) has voluntarily expressed a wish to die.
119          (2) A person may not qualify under the provisions of Subsection (1) solely because of
120     age or disability.

121          Section 4. Section 75-2c-104 is enacted to read:
122          75-2c-104. Form of the written request.
123          (1) A valid request for medication under this chapter shall be in substantially the form
124     described in Section 75-2c-122, signed and dated by the patient and witnessed by at least two
125     individuals who, in the presence of the patient, attest that to the best of their knowledge and
126     belief the patient is capable, is acting voluntarily, and is not being coerced to sign the request.
127          (2) One of the witnesses shall be a person who is not:
128          (a) a relative of the patient by blood, marriage or adoption;
129          (b) a person who at the time the request is signed would be entitled to any portion of
130     the estate of the qualified patient upon death under any will or by operation of law; or
131          (c) an owner, operator, or employee of a health care facility where the qualified patient
132     is receiving medical treatment or is a resident.
133          (3) The patient's attending physician at the time the request is signed shall not be a
134     witness.
135          Section 5. Section 75-2c-105 is enacted to read:
136          75-2c-105. Attending physician responsibilities.
137          (1) The attending physician shall:
138          (a) make the initial determination of whether a patient:
139          (i) (A) has a terminal disease; or
140          (B) has an intractable and unbearable illness;
141          (ii) is capable; and
142          (iii) has made the request voluntarily;
143          (b) request that the patient attest to Utah residency pursuant to Section 75-2c-113;
144          (c) ensure that the patient is making an informed decision, by informing the patient of:
145          (i) the patient's medical diagnosis;
146          (ii) the patient's prognosis;
147          (iii) the potential risks associated with taking the medication to be prescribed;
148          (iv) the probable result of taking the medication to be prescribed; and
149          (v) the feasible alternatives, including comfort care, hospice care, and pain control;
150          (d) refer the patient to a consulting physician for medical confirmation of the diagnosis
151     and for a determination that the patient is capable and acting voluntarily;

152          (e) refer the patient for counseling if appropriate pursuant to Section 75-2c-107;
153          (f) recommend that the patient notify next of kin;
154          (g) counsel the patient about the importance of having another person present when the
155     patient takes the medication prescribed pursuant to this chapter and of not taking the
156     medication in a public place;
157          (h) inform the patient that the patient has an opportunity to rescind the request at any
158     time and in any manner, and offer the patient an opportunity to rescind at the end of the 15 day
159     waiting period required by Section 75-2c-111;
160          (i) verify, immediately prior to writing the prescription for medication under this
161     chapter, that the patient is making an informed decision;
162          (j) fulfill the medical record documentation requirements of Section 75-2c-112;
163          (k) ensure that all appropriate steps are carried out in accordance with this chapter prior
164     to writing a prescription for medication to enable a qualified patient to end the patient's life in a
165     humane and dignified manner;
166          (l) with the patient's consent:
167          (i) contact a pharmacist and inform the pharmacist of the prescription; and
168          (ii) deliver the written prescription personally or electronically to the pharmacist, who
169     will dispense the medications to either the patient, the attending physician, or an expressly
170     identified agent of the patient; and
171          (m) inform the Department of Health of the prescription written for the patient,
172     including the name of any drugs prescribed.
173          (2) Notwithstanding any other provision of law, the attending physician may sign the
174     patient's death certificate.
175          Section 6. Section 75-2c-106 is enacted to read:
176          75-2c-106. Consulting physician confirmation.
177          Before a patient is qualified under this chapter, a consulting physician shall examine the
178     patient and the patient's relevant medical records and confirm, in writing, the attending
179     physician's diagnosis that the patient is suffering from a terminal disease or intractable and
180     unbearable illness and verify that the patient is capable, is acting voluntarily, and has made an
181     informed decision.
182          Section 7. Section 75-2c-107 is enacted to read:

183          75-2c-107. Counseling referral.
184          If in the opinion of the attending physician or the consulting physician a patient may be
185     suffering from a psychiatric or psychological disorder or depression causing impaired
186     judgment, either physician shall refer the patient for counseling. No medication to end a
187     patient's life in a humane and dignified manner shall be prescribed until the person performing
188     the counseling determines that the patient is not suffering from a psychiatric or psychological
189     disorder or depression causing impaired judgment.
190          Section 8. Section 75-2c-108 is enacted to read:
191          75-2c-108. Informed decision.
192          A patient shall not receive a prescription for medication to end the patient's life in a
193     humane and dignified manner unless the patient has made an informed decision as defined in
194     Section 75-2c-102. Immediately prior to writing a prescription for medication under this
195     chapter, the attending physician shall verify that the patient is making an informed decision.
196          Section 9. Section 75-2c-109 is enacted to read:
197          75-2c-109. Family notification.
198          The attending physician shall recommend that the patient notify the next of kin of the
199     patient's request for medication pursuant to this chapter. A patient who declines or is unable to
200     notify next of kin shall not have the patient's request denied for that reason.
201          Section 10. Section 75-2c-110 is enacted to read:
202          75-2c-110. Written and oral requests -- Opportunity to rescind.
203          (1) In order to receive a prescription for medication to end a patient's life in a humane
204     and dignified manner, a qualified patient shall:
205          (a) make an oral request for medication;
206          (b) make a written request for medication; and
207          (c) repeat the oral request to the patient's attending physician no less than 15 days after
208     making the initial oral request.
209          (2) At the time the qualified patient makes the second oral request, the attending
210     physician shall offer the patient an opportunity to rescind the request.
211          (3) A patient may rescind the patient's request at any time and in any manner without
212     regard to the patient's mental state. A prescription for medication under this chapter shall not
213     be written without the attending physician offering the qualified patient an opportunity to

214     rescind the request.
215          Section 11. Section 75-2c-111 is enacted to read:
216          75-2c-111. Waiting periods.
217          A physician shall not write a prescription under this chapter until:
218          (1) no less than 15 days have elapsed between the patient's initial oral request and the
219     writing of a prescription; and
220          (2) no less than 48 hours have elapsed between the patient's written request and the
221     writing of a prescription.
222          Section 12. Section 75-2c-112 is enacted to read:
223          75-2c-112. Medical record documentation requirements.
224          The following shall be documented or filed in the patient's medical record:
225          (1) all oral requests by a patient for medication to end the patient's life in a humane and
226     dignified manner;
227          (2) all written requests by a patient for medication to end the patient's life in a humane
228     and dignified manner;
229          (3) the attending physician's diagnosis, prognosis, and determination that the patient is
230     capable, acting voluntarily, and has made an informed decision;
231          (4) the consulting physician's diagnosis and prognosis and verification that the patient
232     is capable, acting voluntarily, and has made an informed decision;
233          (5) a report of the outcome and determinations made during counseling, if performed;
234          (6) the attending physician's offer to the patient to rescind the patient's request at the
235     time of the patient's second oral request; and
236          (7) a note by the attending physician indicating that all requirements under this chapter
237     have been met and indicating the steps taken to carry out the request, including a notation of
238     the medication prescribed.
239          Section 13. Section 75-2c-113 is enacted to read:
240          75-2c-113. Residency requirement.
241          (1) An attending physician may rely on a patient's attestation of meeting the
242     requirements for being a resident of Utah if the attestation complies with Subsections (2) and
243     (3).
244          (2) A patient shall attest to the attending physician that the patient is a resident of the

245     state, and:
246          (a) possesses a Utah driver license or Utah identification card;
247          (b) is registered to vote in Utah;
248          (c) owns or leases property in Utah;
249          (d) filed a Utah tax return for the most recent tax year; or
250          (e) has some other indication of residency that is recognized by state law.
251          (3) A patient who relies on Subsection (2)(e) to attest to residency in Utah shall
252     specifically describe the factors that the patient is relying upon in the attestation to the
253     attending physician.
254          Section 14. Section 75-2c-114 is enacted to read:
255          75-2c-114. Reporting requirements.
256          (1) A health care provider who dispenses a medication pursuant to this chapter shall
257     file a copy of the dispensing record with the Utah Department of Health in the manner required
258     by the department.
259          (2) (a) The Utah Department of Health may review a sample of the medical records of
260     patients who receive a medication under this chapter.
261          (b) Except as otherwise required by law, the information collected under Subsections
262     (1) and (2) shall not be a public record and may not be made available for inspection by the
263     public.
264          (3) The Utah Department of Health shall:
265          (a) generate and make available to the public an annual statistical report of
266     de-identified information collected under this section;
267          (b) make rules under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to
268     facilitate the collection of information regarding compliance with this chapter; and
269          (c) provide an annual report to the Legislature's Health and Human Services Interim
270     Committee regarding the statistical report in Subsection (3)(a).
271          Section 15. Section 75-2c-115 is enacted to read:
272          75-2c-115. Effect on construction of wills, contracts, and statutes.
273          (1) No provision in a contract, will, or other agreement, whether written or oral, to the
274     extent the provision would affect whether a person may make or rescind a request for
275     medication to end the person's life in a humane and dignified manner, shall be valid.

276          (2) No obligation owing under any currently existing contract shall be conditioned or
277     affected by the making or rescinding of a request, by a person, for medication to end the
278     person's life in a humane and dignified manner.
279          Section 16. Section 75-2c-116 is enacted to read:
280          75-2c-116. Insurance or annuity policies.
281          The sale, procurement, or issuance of any life, health, or accident insurance or annuity
282     policy or the rate charged for any policy shall not be conditioned upon or affected by the
283     making or rescinding of a request, by a person, for medication to end the person's life in a
284     humane and dignified manner. Neither shall a qualified patient's act of ingesting medication to
285     end the patient's life in a humane and dignified manner have an effect upon a life, health, or
286     accident insurance or annuity policy.
287          Section 17. Section 75-2c-117 is enacted to read:
288          75-2c-117. Construction of chapter.
289          Nothing in this chapter shall be construed to authorize a physician or any other person
290     to end a patient's life by lethal injection, mercy killing, or active euthanasia. Actions taken in
291     accordance with this chapter shall not, for any purpose, constitute suicide, assisted suicide,
292     mercy killing, or homicide, under the law.
293          Section 18. Section 75-2c-118 is enacted to read:
294          75-2c-118. Immunities -- Basis for prohibiting health care provider from
295     participation -- Notification -- Permissible sanctions.
296          (1) Except as provided in Section 75-2c-119, the provisions of this section apply to this
297     chapter.
298          (2) A person shall not be subject to civil or criminal liability or professional
299     disciplinary action for participating in good faith compliance with this chapter, including being
300     present when a qualified patient takes the prescribed medication to end the qualified patient's
301     life in a humane and dignified manner.
302          (3) A professional organization or association, or health care provider, may not subject
303     a person to censure, discipline, suspension, loss of license, loss of privileges, loss of
304     membership, or other penalty for participating or refusing to participate in good faith
305     compliance with this chapter.
306          (4) A request by a patient for or provision by an attending physician of medication in

307     good faith compliance with the provisions of this chapter shall not constitute neglect for any
308     purpose of law or provide the sole basis for the appointment of a guardian or conservator.
309          (5) A health care provider shall not be under any duty, whether by contract, by statute,
310     or by any other legal requirement, to participate in the provision to a qualified patient of
311     medication to end the patient's life in a humane and dignified manner. If a health care provider
312     is unable or unwilling to carry out a patient's request under this chapter, and the patient
313     transfers the patient's care to a new health care provider, the prior health care provider shall
314     transfer, upon request, a copy of the patient's relevant medical records to the new health care
315     provider.
316          (6) (a) Notwithstanding any other provision of law, a health care provider may prohibit
317     another health care provider from participating in this chapter on the premises of the
318     prohibiting health care provider if the prohibiting health care provider notifies the health care
319     provider of the prohibiting provider's policy regarding participating in this chapter. Nothing in
320     this Subsection (6)(a) prevents a health care provider from providing health care services to a
321     patient that do not constitute participation in this chapter.
322          (b) Notwithstanding the provisions of Subsections (2) through (5), a healthcare
323     provider may subject another health care provider to the sanctions stated in this Subsection
324     (6)(b) if the sanctioning health care provider has notified the sanctioned provider prior to
325     participation in this chapter that it prohibits participation in this chapter:
326          (i) loss of privileges, loss of membership or other sanction provided pursuant to the
327     medical staff bylaws, policies, and procedures of the sanctioning health care provider, if the
328     sanctioned provider is a member of the sanctioning provider's medical staff and participates in
329     this chapter while on the health care facility premises of the sanctioning health care provider,
330     but not including the private medical office of a physician or other provider;
331          (ii) termination of lease or other property contract or other nonmonetary remedies
332     provided by lease contract, not including loss or restriction of medical staff privileges or
333     exclusion from a provider panel, if the sanctioned provider participates in this chapter while on
334     the premises of the sanctioning health care provider or on property that is owned by or under
335     the direct control of the sanctioning health care provider; or
336          (iii) termination of contract or other nonmonetary remedies provided by contract if the
337     sanctioned provider participates in this chapter while acting in the course and scope of the

338     sanctioned provider's capacity as an employee or independent contractor of the sanctioning
339     health care provider.
340          (c) Nothing in Subsections (6)(a) and (b) shall be construed to prevent:
341          (i) a health care provider from participating in this chapter while acting outside the
342     course and scope of the provider's capacity as an employee or independent contractor of the
343     sanctioning health care provider; or
344          (ii) a patient from contracting with the patient's attending physician and consulting
345     physician to act outside the course and scope of the provider's capacity as an employee or
346     independent contractor of the sanctioning health care provider.
347          (7) A health care provider that imposes sanctions pursuant to Subsection (6)(b) shall
348     follow all due process and other procedures the sanctioning health care provider may have that
349     are related to the imposition of sanctions on another health care provider.
350          (8) For purposes of this section:
351          (a) "Notify" means a separate statement in writing to the health care provider
352     specifically informing the health care provider prior to the provider's participation in this
353     chapter of the sanctioning health care provider's policy about participation in activities covered
354     by this chapter.
355          (b) "Participate in this chapter":
356          (i) means to perform the duties of an attending physician pursuant to Section
357     75-2c-105, the consulting physician function pursuant to Section 75-2c-106, or the counseling
358     function pursuant to Section 75-2c-107; and
359          (ii) does not include:
360          (A) making an initial determination that a patient has a terminal disease or intractable
361     and unbearable illness and informing the patient of the medical prognosis;
362          (B) providing information to a patient, upon the request of the patient, about the Utah
363     Death with Dignity Act;
364          (C) providing a patient, upon the request of the patient, with a referral to another
365     physician; or
366          (D) a patient contracting with the patient's attending physician and consulting physician
367     to act outside of the course and scope of the provider's capacity as an employee or independent
368     contractor of the sanctioning health care provider.

369          (9) Suspension or termination of staff membership or privileges under Subsection (6) is
370     not reportable under Title 58, Occupations and Professions. Action taken pursuant to Section
371     75-2c-118 shall not be the sole basis for a report of unprofessional conduct to a licensing board
372     under Title 58, Occupations and Professions.
373          (10) This chapter shall not be construed to allow a lower standard of care for patients
374     in the community where the patient is treated or a similar community.
375          Section 19. Section 75-2c-119 is enacted to read:
376          75-2c-119. Liabilities.
377          (1) A person who, without authorization of the patient, willfully alters or forges a
378     request for medication or conceals or destroys a rescission of that request with the intent or
379     effect of causing the patient's death shall be guilty of a first degree felony.
380          (2) A person who coerces or exerts undue influence on a patient to request medication
381     for the purpose of ending the patient's life, or to destroy a rescission of such a request, shall be
382     guilty of a first degree felony.
383          (3) Nothing in this chapter limits further liability for civil damages resulting from other
384     negligent conduct or intentional misconduct by any person.
385          (4) The penalties in this chapter do not preclude criminal penalties applicable under
386     other law for conduct that is inconsistent with the provisions of this chapter.
387          Section 20. Section 75-2c-120 is enacted to read:
388          75-2c-120. Claims by governmental entity for costs incurred.
389          A governmental entity that incurs costs resulting from a person terminating the person's
390     life pursuant to the provisions of this chapter in a public place shall have a claim against the
391     estate of the person to recover the costs and reasonable attorney fees related to enforcing the
392     claim.
393          Section 21. Section 75-2c-121 is enacted to read:
394          75-2c-121. Severability.
395          Any section of this chapter that is held invalid as to any person or circumstance shall
396     not affect the application of any other section of this chapter that can be given full effect
397     without the invalid section or application.
398          Section 22. Section 75-2c-122 is enacted to read:
399          75-2c-122. Form of the request.

400          A request for a medication as authorized by this chapter shall be in substantially the
401     following form:_______________________________________________________________
402          REQUEST FOR MEDICATION
403          TO END MY LIFE IN A HUMANE
404          AND DIGNIFIED MANNER
405          I, ______________________, am an adult of sound mind.
406          I am suffering from _________, which my attending physician has determined is a
407     terminal disease or an intractable and unbearable disease and which has been medically
408     confirmed by a consulting physician.
409          I have been fully informed of my diagnosis, prognosis, the nature of medication to be
410     prescribed, and potential associated risks, the expected result, and the feasible alternatives,
411     including comfort care, hospice care, and pain control.
412          I request that my attending physician prescribe medication that will end my life in a
413     humane and dignified manner.
414          INITIAL ONE:
415          ______ I have informed my family of my decision and taken their opinions into
416          consideration.
417          ______ I have decided not to inform my family of my decision.
418          ______ I have no family to inform of my decision.
419          I understand that I have the right to rescind this request at any time.
420          I understand the full import of this request and I expect to die when I take the
421     medication to be prescribed. I further understand that although most deaths occur within three
422     hours, my death may take longer and my physician has counseled me about this possibility.
423          I make this request voluntarily and without reservation, and I accept full moral
424     responsibility for my actions.
425          Signed: _______________
426          Dated: _______________
427          DECLARATION OF WITNESSES
428          We declare that the person signing this request:
429          (a) is personally known to us or has provided proof of identity;
430          (b) signed this request in our presence;

431          (c) appears to be of sound mind and not under duress, fraud or undue influence;
432          (d) is not a patient for whom either of us is the attending physician.
433          ______________Witness 1/Date
434          ______________Witness 2/Date
435          NOTE: One witness shall not be a relative (by blood, marriage, or adoption) of the
436     person signing this request, shall not be entitled to any portion of the person's estate upon
437     death, and shall not own, operate, or be employed at a health care facility where the person is a
438     patient or resident. If the patient is an inpatient at a health care facility, one of the witnesses
439     shall be an individual designated by the facility.
440          Section 23. Effective date.
441          This bill takes effect on July 1, 2015.






Legislative Review Note
     as of 2-3-15 3:03 PM


Office of Legislative Research and General Counsel