1     
END OF LIFE OPTIONS ACT

2     
2018 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 End of Life Options Act.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     establishes a procedure for an individual with a terminal disease to obtain a
14     prescription to end the individual's life;
15          ▸     designates when an individual may make a request for aid-in-dying medication;
16          ▸     establishes attending physician responsibilities;
17          ▸     requires a consulting physician confirmation;
18          ▸     provides for a counseling referral when needed;
19          ▸     requires an informed decision;
20          ▸     encourages family notification;
21          ▸     requires written and oral requests and the ability to rescind the request at any time;
22          ▸     requires waiting periods;
23          ▸     includes:
24               •     documentation and reporting requirements; and
25               •     a requirement that the patient be a resident of the state;
26          ▸     establishes the effect of the decision to utilize medical aid-in-dying on an
27     individual's wills, contracts, and insurance or annuity contracts;

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

59          75-2c-122, Utah Code Annotated 1953
60          75-2c-123, Utah Code Annotated 1953
61          75-2c-124, Utah Code Annotated 1953
62          75-2c-125, Utah Code Annotated 1953
63     

64     Be it enacted by the Legislature of the state of Utah:
65          Section 1. Section 75-2c-101 is enacted to read:
66     
CHAPTER 2c. END OF LIFE OPTIONS ACT

67          75-2c-101. Title.
68          This chapter is known as the "End of Life Options Act."
69          Section 2. Section 75-2c-102 is enacted to read:
70          75-2c-102. Definitions.
71          As used in this chapter:
72          (1) "Adult" means an individual who is 18 years of age or older.
73          (2) "Attending physician" means the physician who has primary responsibility for the
74     care of the patient and treatment of the patient's terminal disease.
75          (3) "Capable" means that in the opinion of the patient's attending physician, consulting
76     physician, and licensed mental health professional, if any, the patient has the ability to make
77     and communicate health care decisions to health care providers, including communication
78     through individuals familiar with the patient's manner of communicating if those individuals
79     are available.
80          (4) "Consulting physician" means a physician who is qualified by specialty or
81     experience to make a professional diagnosis and prognosis regarding the patient's disease.
82          (5) "Counseling" means one or more consultations as necessary between a licensed
83     mental health professional and a patient for the purpose of determining whether the patient is
84     capable.
85          (6) "Health care provider" means a person licensed, certified, or otherwise authorized
86     or permitted by the law of this state to administer health care or dispense medication in the
87     ordinary course of business or practice of a profession.
88          (7) "Informed decision" means a decision that is made by a patient to request and
89     obtain a medical aid-in-dying prescription to end the patient's life in a humane and dignified

90     manner and that is based on an appreciation of the relevant facts, after being fully informed by
91     the attending physician of:
92          (a) the patient's medical diagnosis;
93          (b) the patient's prognosis;
94          (c) the potential risks associated with taking the medication to be prescribed;
95          (d) the probable result of taking the medication to be prescribed; and
96          (e) the feasible alternatives, including concurrent or additional treatment alternatives,
97     palliative care, comfort care, hospice care, disability resources available in the community, and
98     pain control.
99          (8) "Medically confirmed" means the medical opinion of the attending physician has
100     been confirmed by a consulting physician who has examined the patient and the patient's
101     relevant medical records.
102          (9) "Patient" means an individual who is under the care of a physician.
103          (10) "Physician" means a doctor of medicine or osteopathy licensed to practice
104     medicine in the state.
105          (11) "Qualified patient" means a capable adult who has satisfied the requirements of
106     this chapter to obtain a prescription for medication to end the patient's life in a humane and
107     dignified manner.
108          (12) "Self-administer" means a qualified individual's affirmative, conscious act of
109     using the medication to bring about the individual's own peaceful and humane death.
110          (13) "Terminal disease" means an incurable and irreversible disease that has been
111     medically confirmed and will, within reasonable medical judgment, produce death within six
112     months.
113          Section 3. Section 75-2c-103 is enacted to read:
114          75-2c-103. Written and oral requests -- Opportunity to rescind.
115          (1) In order to receive a prescription for medication to end a patient's life in a humane
116     and dignified manner, a qualified patient shall:
117          (a) make an oral request for medication;
118          (b) make a written request for medication; and
119          (c) repeat the oral request to the patient's attending physician no less than 15 days after
120     making the initial oral request.

121          (2) At the time the patient makes the second oral request, the attending physician shall
122     offer the patient an opportunity to rescind the request.
123          (3) A patient may rescind the patient's request at any time and in any manner without
124     regard to the patient's mental state. An individual may not write a prescription for medication
125     under this chapter without the attending physician offering the patient an opportunity to rescind
126     the request.
127          Section 4. Section 75-2c-104 is enacted to read:
128          75-2c-104. Initiation of written request for medication.
129          (1) An individual may make a written request for medication for the purpose of ending
130     the individual's life in a humane and dignified manner in accordance with this chapter if the
131     individual:
132          (a) is an adult;
133          (b) is capable;
134          (c) is a resident of Utah;
135          (d) is suffering from a terminal disease; and
136          (e) has voluntarily expressed a wish to receive aid-in-dying medication.
137          (2) An individual may not qualify under the provisions of Subsection (1) solely
138     because of age or disability.
139          (3) A request for a medical aid-in-dying prescription shall be made by the terminally ill
140     individual and may not be made by any other means, including the terminally ill individual's
141     qualified power of attorney, durable medical power of attorney, or advanced health care
142     directive.
143          Section 5. Section 75-2c-105 is enacted to read:
144          75-2c-105. Form of the written request.
145          (1) A valid request for medication under this chapter shall be in substantially the form
146     described in Section 75-2c-122, signed and dated by the patient, and witnessed by at least two
147     individuals who, in the presence of the patient, attest that to the best of their knowledge and
148     belief the patient is capable, is acting voluntarily, and is not being coerced to sign the request.
149          (2) One of the witnesses shall be an individual who is not:
150          (a) a relative of the patient by blood, marriage, or adoption;
151          (b) an individual who at the time the request is signed would be entitled to any portion

152     of the estate of the qualified patient upon death under any will or by operation of law; or
153          (c) an owner, operator, or employee of a health care facility where the qualified patient
154     is receiving medical treatment or is a resident.
155          (3) The patient's attending physician at the time the request is signed may not be a
156     witness.
157          Section 6. Section 75-2c-106 is enacted to read:
158          75-2c-106. Attending physician responsibilities.
159          (1) The attending physician shall:
160          (a) make the initial determination of whether a patient:
161          (i) has a terminal disease;
162          (ii) is capable; and
163          (iii) has made the request voluntarily;
164          (b) request that the patient attest to Utah residency pursuant to Section 75-2c-113;
165          (c) ensure that the patient is making an informed decision, by informing the patient of:
166          (i) the patient's medical diagnosis;
167          (ii) the patient's prognosis;
168          (iii) the potential risks associated with taking the medication to be prescribed;
169          (iv) the probable result of taking the medication to be prescribed; and
170          (v) the feasible alternatives, including concurrent or additional treatments, palliative
171     care, comfort care, hospice care, disability resources available in the community, and pain
172     control;
173          (d) refer the patient to a consulting physician for medical confirmation of the diagnosis
174     and for a determination that the patient is capable and making an informed, voluntary decision;
175          (e) refer the patient for counseling if appropriate pursuant to Section 75-2c-108;
176          (f) recommend that the patient notify next of kin;
177          (g) counsel the patient about the importance of having another individual present when
178     the patient takes the medication prescribed pursuant to this chapter and of not taking the
179     medication in a public place;
180          (h) inform the patient that the patient has an opportunity to rescind the request at any
181     time and in any manner, and offer the patient an opportunity to rescind at the end of the 15-day
182     waiting period required by Section 75-2c-111;

183          (i) verify, immediately before writing the prescription for medication under this
184     chapter, that the patient is making an informed decision;
185          (j) fulfill the medical record documentation requirements of Section 75-2c-112;
186          (k) ensure that all appropriate steps are carried out in accordance with this chapter
187     before writing a prescription for medication to enable a qualified patient to end the patient's life
188     in a humane and dignified manner;
189          (l) with the patient's consent:
190          (i) contact a pharmacist and inform the pharmacist of the prescription; and
191          (ii) deliver the written prescription personally or electronically to the pharmacist, who
192     will dispense the medication to either the patient, the attending physician, or an expressly
193     identified agent of the patient; and
194          (m) inform the Department of Health of the prescription written for the patient,
195     including the name of any drugs prescribed.
196          (2) Notwithstanding any other provision of law, the attending physician may sign the
197     patient's death certificate.
198          Section 7. Section 75-2c-107 is enacted to read:
199          75-2c-107. Consulting physician confirmation.
200          Before a patient is qualified under this chapter, a consulting physician shall examine the
201     patient and the patient's relevant medical records and confirm, in writing, the attending
202     physician's diagnosis that the patient is suffering from a terminal disease and verify that the
203     patient is capable, is acting voluntarily, and has made an informed decision.
204          Section 8. Section 75-2c-108 is enacted to read:
205          75-2c-108. Counseling referral.
206          If in the opinion of the attending physician or the consulting physician a patient may be
207     suffering from impaired judgment, either physician shall refer the patient for counseling. No
208     medication to end a patient's life in a humane and dignified manner shall be prescribed until the
209     counselor determines that the patient is capable, is acting voluntarily, and has made an
210     informed decision.
211          Section 9. Section 75-2c-109 is enacted to read:
212          75-2c-109. Informed decision.
213          A patient may not receive a prescription for medication to end the patient's life in a

214     humane and dignified manner unless the patient has made an informed decision as defined in
215     Section 75-2c-102. Immediately before writing a prescription for medication under this
216     chapter, the attending physician shall verify that the patient is making an informed decision.
217          Section 10. Section 75-2c-110 is enacted to read:
218          75-2c-110. Family notification.
219          The attending physician shall recommend that the patient notify the next of kin of the
220     patient's request for medication under this chapter. The attending physician may not deny a
221     patient's request on the basis of a patient declining or being unable to notify the patient's next
222     of kin.
223          Section 11. Section 75-2c-111 is enacted to read:
224          75-2c-111. Waiting periods.
225          A physician may not write a prescription under this chapter until:
226          (1) no less than 15 days have elapsed between the patient's initial oral request and the
227     writing of a prescription; and
228          (2) no less than 48 hours have elapsed between the patient's written request and the
229     writing of a prescription.
230          Section 12. Section 75-2c-112 is enacted to read:
231          75-2c-112. Medical record documentation requirements.
232          The following shall be documented or filed in the patient's medical record:
233          (1) all oral requests by the patient for medication to end the patient's life in a humane
234     and dignified manner;
235          (2) all written requests by the patient for medication to end the patient's life in a
236     humane and dignified manner;
237          (3) the attending physician's diagnosis, prognosis, and determination that the patient is
238     capable, is acting voluntarily, and has made an informed decision;
239          (4) the consulting physician's diagnosis, prognosis, and verification that the patient is
240     capable, is acting voluntarily, and has made an informed decision;
241          (5) a report of the outcome and determinations made during counseling, if performed;
242          (6) the attending physician's offer to the patient to rescind the patient's request at the
243     time of the patient's second oral request; and
244          (7) a note by the attending physician indicating that all requirements under this chapter

245     have been met and indicating the steps taken to carry out the request, including a notation of
246     the medication prescribed.
247          Section 13. Section 75-2c-113 is enacted to read:
248          75-2c-113. Residency requirement.
249          (1) An attending physician may rely on a patient's attestation of meeting the
250     requirements for being a resident of Utah if the attestation complies with Subsections (2) and
251     (3).
252          (2) A patient shall attest to the attending physician that the patient is a resident of the
253     state, and that the patient:
254          (a) possesses a Utah driver license or Utah identification card;
255          (b) is registered to vote in Utah;
256          (c) owns or leases property in Utah;
257          (d) filed a Utah tax return for the most recent tax year, and did not file a Non and
258     Part-year Resident Schedule; or
259          (e) has some other indication of residency that is recognized by state law.
260          (3) A patient who relies on Subsection (2)(e) to attest to residency in Utah shall
261     specifically describe the factors that the patient is relying upon in the attestation to the
262     attending physician.
263          Section 14. Section 75-2c-114 is enacted to read:
264          75-2c-114. Reporting requirements.
265          (1) A health care provider who dispenses a medication pursuant to this chapter shall
266     file a copy of the dispensing record with the Department of Health in the manner required by
267     the department.
268          (2) (a) The Department of Health may review a sample of the medical records of
269     patients who receive medication under this chapter.
270          (b) Except as otherwise required by law, the information collected under Subsections
271     (1) and (2)(a) are not public records and are not available for inspection by the public.
272          (3) The Department of Health shall:
273          (a) generate and make available to the public an annual statistical report of
274     de-identified information collected under this section;
275          (b) make rules under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to

276     facilitate the collection of information regarding compliance with this chapter; and
277          (c) provide an annual report to the Legislature's Health and Human Services Interim
278     Committee regarding the statistical report in Subsection (3)(a).
279          Section 15. Section 75-2c-115 is enacted to read:
280          75-2c-115. Effect on construction of wills, contracts, and statutes.
281          (1) No provision in a contract, will, or other agreement, whether written or oral, to the
282     extent the provision would affect whether an individual may make or rescind a request for
283     aid-in-dying medication or self-administer aid-in-dying medication, is valid.
284          (2) No obligation owing under any currently existing contract shall be conditioned or
285     affected by the making or rescinding of a request, by an individual, for medication to end the
286     individual's life in a humane and dignified manner.
287          Section 16. Section 75-2c-116 is enacted to read:
288          75-2c-116. Insurance or annuity policies.
289          (1) A qualified patient's act of ingesting medication to end the patient's life in a humane
290     and dignified manner, in accordance with the provisions of this chapter, does not affect a life,
291     health, or accident insurance or annuity policy.
292          (2) An insurer may not deny or alter health care benefits otherwise available to an
293     individual with a terminal illness based on the availability of aid-in-dying medication or
294     otherwise attempt to coerce an individual to make a request for aid-in-dying medication.
295          Section 17. Section 75-2c-117 is enacted to read:
296          75-2c-117. Construction of chapter.
297          Nothing in this chapter shall be construed to authorize a physician or any other person
298     to end a patient's life by lethal injection, mercy killing, or euthanasia. Actions taken in
299     accordance with this chapter do not, for any purpose, constitute suicide, assisted suicide, mercy
300     killing, or homicide, under the law.
301          Section 18. Section 75-2c-118 is enacted to read:
302          75-2c-118. Immunity for action in good faith -- Prohibition against reprisal --
303     Acceptable prohibitions.
304          (1) A person is not subject to civil or criminal liability or professional disciplinary
305     action for actions resulting from good faith compliance with this chapter, including being
306     present when a qualified patient takes the prescribed medication to end the qualified patient's

307     life in a humane and dignified manner.
308          (2) A professional organization or association, or health care provider, may not subject
309     a person to censure, discipline, suspension, loss of license, loss of privileges, loss of
310     membership, or other penalty for participating or refusing to participate in good faith
311     compliance with this chapter.
312          (3) A request by a patient for, or provision by an attending physician of, medication in
313     good faith compliance with the provisions of this chapter does not constitute neglect for any
314     purpose of law or provide the sole basis for the appointment of a guardian or conservator.
315          (4) A health care facility may not prohibit a health care provider from providing
316     medical aid-in-dying care, except that the health care facility may prohibit the patient from
317     self-administration of the aid-in-dying medication on the premises of the facility.
318          (5) A health care facility may not prohibit the lawful self-administration of aid-in-dying
319     medication on the premises of the facility unless the health care facility provides written
320     notification of the prohibition to the attending physician and any qualified patient.
321          (6) If a health care facility prohibits the self-administration of aid-in-dying medication
322     under Subsection (5), the facility shall refer a qualified patient to a health care facility that does
323     not have a prohibition against the self-administration of aid-in-dying medication on the
324     premises.
325          Section 19. Section 75-2c-119 is enacted to read:
326          75-2c-119. Liabilities.
327          (1) A person who, without authorization of the patient, willfully alters or forges a
328     request for medication or conceals or destroys a rescission of that request with the intent or
329     effect of causing the patient's death is guilty of a first degree felony.
330          (2) A person who coerces or exerts undue influence on a patient to request medication
331     for the purpose of ending the patient's life, or to destroy a rescission of such a request, is guilty
332     of a first degree felony.
333          (3) Nothing in this chapter limits further liability for civil damages resulting from other
334     negligent conduct or intentional misconduct by any person.
335          (4) The penalties in this chapter do not preclude criminal penalties applicable under
336     other law for conduct that is inconsistent with the provisions of this chapter.
337          Section 20. Section 75-2c-120 is enacted to read:

338          75-2c-120. Claims by governmental entity for costs incurred.
339          A governmental entity that incurs costs resulting from an individual terminating the
340     individual's life pursuant to the provisions of this chapter in a public place shall have a claim
341     against the estate of the individual to recover the costs and reasonable attorney fees related to
342     enforcing the claim.
343          Section 21. Section 75-2c-121 is enacted to read:
344          75-2c-121. No duty to provide medical aid-in-dying care.
345          (1) A health care provider may choose whether to provide medical aid-in-dying care in
346     accordance with this chapter.
347          (2) If a health care provider is unwilling to provide medical aid-in-dying care to a
348     requesting, capable patient, the health care provider shall make reasonable efforts to transfer
349     the care of the patient to a health care provider who willingly provides medical aid-in-dying
350     care.
351          (3) When a health care provider transfers the care of a patient under Subsection (2), the
352     health care provider shall coordinate the transfer of the patient's medical records to the new
353     health care provider.
354          Section 22. Section 75-2c-122 is enacted to read:
355          75-2c-122. Death certificate.
356          (1) Unless otherwise prohibited, the attending physician or the hospice medical director
357     shall sign the death certificate of a qualified individual who obtained and self-administered
358     aid-in-dying medication.
359          (2) When a death has occurred in accordance with this chapter:
360          (a) the cause of death shall be listed on the death certificate as the underlying terminal
361     illness for which the individual qualified to obtain the aid-in-dying medication; and
362          (b) the manner of death may not be listed as suicide or homicide.
363          (3) Notwithstanding Section 26-4-7, a death that results in accordance with this chapter
364     may not form the sole basis for a postmortem investigation.
365          Section 23. Section 75-2c-123 is enacted to read:
366          75-2c-123. Safe disposal of unused aid-in-dying medication.
367          A person who has custody or control of aid-in-dying medication that is dispensed under
368     this chapter and that is unused after the qualified patient who obtained the aid-in-dying

369     medication has died shall dispose of the aid-in-dying medication by any lawful means,
370     including taking the unused aid-in-dying medication to:
371          (1) the attending physician who wrote the prescription for the aid-in-dying medication,
372     who shall dispose of the medication by lawful means;
373          (2) a federally approved medication take-back program; or
374          (3) a local take-back program supported by a law enforcement agency, pharmacy, or
375     health care provider.
376          Section 24. Section 75-2c-124 is enacted to read:
377          75-2c-124. Severability.
378          Any section of this chapter that is held invalid as to any person or circumstance does
379     not affect the application of any other section of this chapter that can be given full effect
380     without the invalid section or application.
381          Section 25. Section 75-2c-125 is enacted to read:
382          75-2c-125. Form of the request.
383          A request for a medication as authorized by this chapter shall be in substantially the
384     following form:_______________________________________________________________
385          REQUEST FOR MEDICATION
386          TO END MY LIFE IN A HUMANE
387          AND DIGNIFIED MANNER
388          I, ______________________, am an adult of sound mind.
389          I am suffering from _________, which my attending physician has determined is a
390     terminal disease and which has been medically confirmed by a consulting physician.
391          I have been fully informed of my diagnosis, prognosis, the nature of medication to be
392     prescribed, and potential associated risks, the expected result, and the feasible alternatives,
393     including palliative care, comfort care, hospice care, disability resources available in the
394     community, and pain control.
395          I request that my attending physician prescribe medication that will end my life in a
396     humane and dignified manner.
397          INITIAL ONE:
398          ______ I have informed my family of my decision and taken their opinions into
399          consideration.

400          ______ I have decided not to inform my family of my decision.
401          ______ I have no family to inform of my decision.
402          I understand that I have the right to rescind this request at any time.
403          I understand the full import of this request and I expect to die when I take the
404     medication to be prescribed. I further understand that although most deaths occur within three
405     hours, my death may take longer and my physician has counseled me about this possibility.
406          I make this request voluntarily and without reservation, and I accept full moral
407     responsibility for my actions.
408          Signed: _______________
409          Dated: _______________
410          DECLARATION OF WITNESSES
411          We declare that the individual signing this request:
412          (a) is personally known to us or has provided proof of identity;
413          (b) signed this request in our presence;
414          (c) appears to be of sound mind and not under duress, fraud, or undue influence; and
415          (d) is not a patient for whom either of us is the attending physician.
416          ______________Witness 1/Date
417          ______________Witness 2/Date
418          NOTE: One witness shall be an individual who is not a relative (by blood, marriage, or
419     adoption) of the individual signing this request, is not entitled to any portion of the requestor's
420     estate upon death, and does not own, operate, and is not employed at a health care facility
421     where the requestor is a patient or resident.
422          Section 26. Effective date.
423          This bill takes effect on July 1, 2018.






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