Representative Jennifer Dailey-Provost proposes the following substitute bill:




Chief Sponsor: Jennifer Dailey-Provost

Senate Sponsor: ____________


8     General Description:
9          This bill amends the Utah Uniform Probate Code to enact the End of Life Options Act
10     (the "Act").
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     establishes a procedure for an individual with a terminal disease to obtain a
15     prescription to end the individual's life;
16          ▸     describes when an individual may make a request for a prescription for aid-in-dying
17     medication;
18          ▸     establishes attending and consulting physician responsibilities if an individual
19     requests a prescription for aid-in-dying medication;
20          ▸     includes documentation and reporting requirements;
21          ▸     establishes the effect of the decision to utilize aid-in-dying medication on an
22     individual's will, contracts, and insurance and annuity contracts;
23          ▸     provides limited immunities for good faith application of the Act;
24          ▸     prohibits euthanasia or mercy killing;
25          ▸     establishes criminal penalties and civil liability for certain actions;

26          ▸     provides that a health care provider does not commit manslaughter by following the
27     procedures established in the Act;
28          ▸     provides a uniform form for an individual's written request for a prescription for
29     aid-in-dying medication;
30          ▸     provides safe disposal requirements for unused aid-in-dying medication;
31          ▸     includes a severability clause; and
32          ▸     makes technical changes.
33     Money Appropriated in this Bill:
34          None
35     Other Special Clauses:
36          None
37     Utah Code Sections Affected:
38     AMENDS:
39          63G-2-302, as last amended by Laws of Utah 2021, Chapters 100, 143, and 367
40          76-5-205, as last amended by Laws of Utah 2018, Chapter 372
41     ENACTS:
42          75-2c-101, Utah Code Annotated 1953
43          75-2c-102, Utah Code Annotated 1953
44          75-2c-103, Utah Code Annotated 1953
45          75-2c-104, Utah Code Annotated 1953
46          75-2c-105, Utah Code Annotated 1953
47          75-2c-106, Utah Code Annotated 1953
48          75-2c-107, Utah Code Annotated 1953
49          75-2c-108, Utah Code Annotated 1953
50          75-2c-109, Utah Code Annotated 1953
51          75-2c-110, Utah Code Annotated 1953
52          75-2c-111, Utah Code Annotated 1953
53          75-2c-112, Utah Code Annotated 1953
54          75-2c-113, Utah Code Annotated 1953
55          75-2c-114, Utah Code Annotated 1953
56          75-2c-115, Utah Code Annotated 1953

57          75-2c-116, Utah Code Annotated 1953
58          75-2c-117, Utah Code Annotated 1953
59          75-2c-118, Utah Code Annotated 1953
60          75-2c-119, Utah Code Annotated 1953
61          75-2c-120, Utah Code Annotated 1953
62          75-2c-121, Utah Code Annotated 1953
63          75-2c-122, Utah Code Annotated 1953
64          75-2c-123, Utah Code Annotated 1953
65          75-2c-124, Utah Code Annotated 1953
66          75-2c-125, Utah Code Annotated 1953

68     Be it enacted by the Legislature of the state of Utah:
69          Section 1. Section 63G-2-302 is amended to read:
70          63G-2-302. Private records.
71          (1) The following records are private:
72          (a) records concerning an individual's eligibility for unemployment insurance benefits,
73     social services, welfare benefits, or the determination of benefit levels;
74          (b) records containing data on individuals describing medical history, diagnosis,
75     condition, treatment, evaluation, or similar medical data;
76          (c) records of publicly funded libraries that when examined alone or with other records
77     identify a patron;
78          (d) records received by or generated by or for:
79          (i) the Independent Legislative Ethics Commission, except for:
80          (A) the commission's summary data report that is required under legislative rule; and
81          (B) any other document that is classified as public under legislative rule; or
82          (ii) a Senate or House Ethics Committee in relation to the review of ethics complaints,
83     unless the record is classified as public under legislative rule;
84          (e) records received by, or generated by or for, the Independent Executive Branch
85     Ethics Commission, except as otherwise expressly provided in Title 63A, Chapter 14, Review
86     of Executive Branch Ethics Complaints;
87          (f) records received or generated for a Senate confirmation committee concerning

88     character, professional competence, or physical or mental health of an individual:
89          (i) if, prior to the meeting, the chair of the committee determines release of the records:
90          (A) reasonably could be expected to interfere with the investigation undertaken by the
91     committee; or
92          (B) would create a danger of depriving a person of a right to a fair proceeding or
93     impartial hearing; and
94          (ii) after the meeting, if the meeting was closed to the public;
95          (g) employment records concerning a current or former employee of, or applicant for
96     employment with, a governmental entity that would disclose that individual's home address,
97     home telephone number, social security number, insurance coverage, marital status, or payroll
98     deductions;
99          (h) records or parts of records under Section 63G-2-303 that a current or former
100     employee identifies as private according to the requirements of that section;
101          (i) that part of a record indicating a person's social security number or federal employer
102     identification number if provided under Section 31A-23a-104, 31A-25-202, 31A-26-202,
103     58-1-301, 58-55-302, 61-1-4, or 61-2f-203;
104          (j) that part of a voter registration record identifying a voter's:
105          (i) driver license or identification card number;
106          (ii) social security number, or last four digits of the social security number;
107          (iii) email address;
108          (iv) date of birth; or
109          (v) phone number;
110          (k) a voter registration record that is classified as a private record by the lieutenant
111     governor or a county clerk under Subsection 20A-2-101.1(5)(a), 20A-2-104(4)(h), or
112     20A-2-204(4)(b);
113          (l) a voter registration record that is withheld under Subsection 20A-2-104(7);
114          (m) a withholding request form described in Subsections 20A-2-104(7) and (8) and any
115     verification submitted in support of the form;
116          (n) a record that:
117          (i) contains information about an individual;
118          (ii) is voluntarily provided by the individual; and

119          (iii) goes into an electronic database that:
120          (A) is designated by and administered under the authority of the Chief Information
121     Officer; and
122          (B) acts as a repository of information about the individual that can be electronically
123     retrieved and used to facilitate the individual's online interaction with a state agency;
124          (o) information provided to the Commissioner of Insurance under:
125          (i) Subsection 31A-23a-115(3)(a);
126          (ii) Subsection 31A-23a-302(4); or
127          (iii) Subsection 31A-26-210(4);
128          (p) information obtained through a criminal background check under Title 11, Chapter
129     40, Criminal Background Checks by Political Subdivisions Operating Water Systems;
130          (q) information provided by an offender that is:
131          (i) required by the registration requirements of Title 77, Chapter 41, Sex and Kidnap
132     Offender Registry or Title 77, Chapter 43, Child Abuse Offender Registry; and
133          (ii) not required to be made available to the public under Subsection 77-41-110(4) or
134     77-43-108(4);
135          (r) a statement and any supporting documentation filed with the attorney general in
136     accordance with Section 34-45-107, if the federal law or action supporting the filing involves
137     homeland security;
138          (s) electronic toll collection customer account information received or collected under
139     Section 72-6-118 and customer information described in Section 17B-2a-815 received or
140     collected by a public transit district, including contact and payment information and customer
141     travel data;
142          (t) an email address provided by a military or overseas voter under Section
143     20A-16-501;
144          (u) a completed military-overseas ballot that is electronically transmitted under Title
145     20A, Chapter 16, Uniform Military and Overseas Voters Act;
146          (v) records received by or generated by or for the Political Subdivisions Ethics Review
147     Commission established in Section 63A-15-201, except for:
148          (i) the commission's summary data report that is required in Section 63A-15-202; and
149          (ii) any other document that is classified as public in accordance with Title 63A,

150     Chapter 15, Political Subdivisions Ethics Review Commission;
151          (w) a record described in Section 53G-9-604 that verifies that a parent was notified of
152     an incident or threat;
153          (x) a criminal background check or credit history report conducted in accordance with
154     Section 63A-3-201;
155          (y) a record described in Subsection 53-5a-104(7);
156          (z) on a record maintained by a county for the purpose of administering property taxes,
157     an individual's:
158          (i) email address;
159          (ii) phone number; or
160          (iii) personal financial information related to a person's payment method;
161          (aa) a record submitted by a taxpayer to establish the taxpayer's eligibility for an
162     exemption, deferral, abatement, or relief under:
163          (i) Title 59, Chapter 2, Part 11, Exemptions, Deferrals, and Abatements;
164          (ii) Title 59, Chapter 2, Part 12, Property Tax Relief;
165          (iii) Title 59, Chapter 2, Part 18, Tax Deferral and Tax Abatement; or
166          (iv) Title 59, Chapter 2, Part 19, Armed Forces Exemptions; [and]
167          (bb) a record provided by the State Tax Commission in response to a request under
168     Subsection 59-1-403(4)(y)(iii)[.]; and
169          (cc) a dispensing or medical record that is classified as a private record under Section
170     75-2c-114.
171          (2) The following records are private if properly classified by a governmental entity:
172          (a) records concerning a current or former employee of, or applicant for employment
173     with a governmental entity, including performance evaluations and personal status information
174     such as race, religion, or disabilities, but not including records that are public under Subsection
175     63G-2-301(2)(b) or 63G-2-301(3)(o) or private under Subsection (1)(b);
176          (b) records describing an individual's finances, except that the following are public:
177          (i) records described in Subsection 63G-2-301(2);
178          (ii) information provided to the governmental entity for the purpose of complying with
179     a financial assurance requirement; or
180          (iii) records that must be disclosed in accordance with another statute;

181          (c) records of independent state agencies if the disclosure of those records would
182     conflict with the fiduciary obligations of the agency;
183          (d) other records containing data on individuals the disclosure of which constitutes a
184     clearly unwarranted invasion of personal privacy;
185          (e) records provided by the United States or by a government entity outside the state
186     that are given with the requirement that the records be managed as private records, if the
187     providing entity states in writing that the record would not be subject to public disclosure if
188     retained by it;
189          (f) any portion of a record in the custody of the Division of Aging and Adult Services,
190     created in Section 62A-3-102, that may disclose, or lead to the discovery of, the identity of a
191     person who made a report of alleged abuse, neglect, or exploitation of a vulnerable adult; and
192          (g) audio and video recordings created by a body-worn camera, as defined in Section
193     77-7a-103, that record sound or images inside a home or residence except for recordings that:
194          (i) depict the commission of an alleged crime;
195          (ii) record any encounter between a law enforcement officer and a person that results in
196     death or bodily injury, or includes an instance when an officer fires a weapon;
197          (iii) record any encounter that is the subject of a complaint or a legal proceeding
198     against a law enforcement officer or law enforcement agency;
199          (iv) contain an officer involved critical incident as defined in Subsection
200     76-2-408(1)(f); or
201          (v) have been requested for reclassification as a public record by a subject or
202     authorized agent of a subject featured in the recording.
203          (3) (a) As used in this Subsection (3), "medical records" means medical reports,
204     records, statements, history, diagnosis, condition, treatment, and evaluation.
205          (b) Medical records in the possession of the University of Utah Hospital, its clinics,
206     doctors, or affiliated entities are not private records or controlled records under Section
207     63G-2-304 when the records are sought:
208          (i) in connection with any legal or administrative proceeding in which the patient's
209     physical, mental, or emotional condition is an element of any claim or defense; or
210          (ii) after a patient's death, in any legal or administrative proceeding in which any party
211     relies upon the condition as an element of the claim or defense.

212          (c) Medical records are subject to production in a legal or administrative proceeding
213     according to state or federal statutes or rules of procedure and evidence as if the medical
214     records were in the possession of a nongovernmental medical care provider.
215          Section 2. Section 75-2c-101 is enacted to read:

217          75-2c-101. Title.
218          This chapter is known as the "End of Life Options Act."
219          Section 3. Section 75-2c-102 is enacted to read:
220          75-2c-102. Definitions.
221          As used in this chapter:
222          (1) "Adult" means an individual who is 18 years old or older.
223          (2) "Attending physician" means the physician who has primary responsibility for the
224     care of the patient and treatment of the patient's terminal disease.
225          (3) "Capable" means that in the opinion of the patient's attending physician, consulting
226     physician, and licensed mental health professional, if any, the patient has the ability to make
227     and communicate health care decisions to a health care provider, including communication
228     through an individual familiar with the patient's manner of communicating.
229          (4) "Consulting physician" means a physician who is qualified by specialty or
230     experience to make a professional diagnosis and prognosis regarding the patient's disease.
231          (5) "Counseling" means one or more consultations as necessary between a licensed
232     mental health professional and a patient for the purpose of determining whether the patient is
233     capable.
234          (6) "Health care provider" means an individual licensed, certified, or otherwise
235     authorized or permitted by the law of this state to administer health care or dispense medication
236     in the ordinary course of business or practice of a profession.
237          (7) "Informed decision" means a decision that is made by a patient to request
238     aid-in-dying medication to end the patient's life in a humane and dignified manner that is based
239     on an appreciation of the relevant facts, after being fully informed by the attending physician:
240          (a) of the patient's medical diagnosis;
241          (b) of the patient's prognosis;
242          (c) of the potential risks associated with taking the aid-in-dying medication;

243          (d) of the probable result of taking the aid-in-dying medication; and
244          (e) of the feasible alternatives, including concurrent or additional treatment
245     alternatives, palliative care, comfort care, hospice care, disability resources available in the
246     community, and pain control.
247          (8) "Medically confirmed" means the medical opinion of the attending physician is
248     confirmed by a consulting physician who examined the patient and the patient's relevant
249     medical records.
250          (9) "Patient" means an adult who is under the care of a physician.
251          (10) "Physician" means an individual licensed to practice under Title 58, Chapter 67,
252     Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.
253          (11) "Qualified patient" means a capable adult who has satisfied the requirements of
254     this chapter to obtain a prescription for aid-in-dying medication to end the patient's life in a
255     humane and dignified manner.
256          (12) "Self-administer" means a qualified patient's affirmative, conscious act of using
257     the aid-in-dying medication to bring about the qualified patient's own death in a humane and
258     dignified manner.
259          (13) "Terminal disease" means an incurable and irreversible disease that is medically
260     confirmed and will, within reasonable medical judgment, produce death within six months
261     after the day on which the disease is medically confirmed.
262          Section 4. Section 75-2c-103 is enacted to read:
263          75-2c-103. Requests for medication -- Opportunity to rescind.
264          (1) In order to receive a prescription for aid-in-dying medication to end the patient's
265     life in a humane and dignified manner, a patient shall:
266          (a) make an initial oral request for the aid-in-dying medication to the patient's attending
267     physician;
268          (b) make a written request for the aid-in-dying medication to the patient's attending
269     physician in accordance with Section 75-2c-104; and
270          (c) repeat the oral request to the patient's attending physician no less than 15 days after
271     the day on which the patient makes the initial oral request.
272          (2) At the time the patient repeats the oral request as described in Subsection (1)(c), the
273     attending physician shall offer the patient an opportunity to rescind the request.

274          (3) (a) A patient may rescind the patient's oral or written request at any time and in any
275     manner without regard to the patient's mental state.
276          (b) A physician may not write a prescription for aid-in-dying medication under this
277     chapter unless the attending physician offers the patient an opportunity to rescind the patient's
278     request in accordance with Subsection 75-2c-106(1)(g).
279          Section 5. Section 75-2c-104 is enacted to read:
280          75-2c-104. Written request for medication.
281          (1) A patient may make a written request for aid-in-dying medication to end the
282     patient's life in a humane and dignified manner if the patient:
283          (a) is suffering from a terminal disease;
284          (b) is capable;
285          (c) is a resident of Utah; and
286          (d) has voluntarily made an oral request for aid-in-dying medication under Subsection
287     75-2c-103(1)(a).
288          (2) A patient may not make a written request under Subsection (1) solely because of
289     age or disability.
290          (3) (a) Only the patient may make a written request under Subsection (1).
291          (b) A written request under Subsection (1) may not be made by the patient's qualified
292     power of attorney, durable medical power of attorney, advanced health care directive, or any
293     other means.
294          Section 6. Section 75-2c-105 is enacted to read:
295          75-2c-105. Form of written request for medication -- Witnesses.
296          (1) A written request for aid-in-dying medication under Section 75-2c-103 shall be in
297     substantially the form described in Section 75-2c-124, signed and dated by the patient, and
298     witnessed by at least two adults who, in the presence of the patient, attest that to the best of
299     each adult's knowledge and belief the patient:
300          (a) is capable;
301          (b) is acting voluntarily; and
302          (c) is not being coerced to sign the request.
303          (2) At least one witness to the patient's written request may not:
304          (a) be a relative of the patient by blood, marriage, or adoption;

305          (b) at the time the request is signed, be entitled to any portion of the estate of the
306     patient upon death under any will or by operation of law; or
307          (c) be an owner, operator, or employee of a health care facility where the patient is
308     receiving medical treatment or is a resident.
309          (3) The patient's attending physician at the time the patient's written request is signed
310     may not be a witness.
311          Section 7. Section 75-2c-106 is enacted to read:
312          75-2c-106. Attending physician responsibilities.
313          (1) The attending physician for a patient who requests aid-in-dying medication under
314     Section 75-2c-103 shall:
315          (a) make an initial determination of whether the patient:
316          (i) has a terminal disease;
317          (ii) is capable; and
318          (iii) is acting voluntarily;
319          (b) request that the patient attest to Utah residency under Section 75-2c-113;
320          (c) inform the patient:
321          (i) of the patient's medical diagnosis;
322          (ii) of the patient's prognosis;
323          (iii) of the potential risks associated with taking the aid-in-dying medication;
324          (iv) of the probable result of taking the aid-in-dying medication; and
325          (v) of the feasible alternatives, including concurrent or additional treatments, palliative
326     care, comfort care, hospice care, disability resources available in the community, and pain
327     control;
328          (d) refer the patient to a consulting physician for confirmation under Section
329     75-2c-107;
330          (e) counsel the patient about the importance of having another individual present when
331     the patient takes the aid-in-dying medication and not taking the aid-in-dying medication in a
332     public place;
333          (f) inform the patient upon the patient's initial request under Section 75-2c-103 that the
334     patient may rescind the patient's request for aid-in-dying medication at any time and in any
335     manner;

336          (g) at the end of the 15-day waiting period described in Section 75-2c-111 and as
337     described in Section 75-2c-109, offer the patient an opportunity to rescind the patient's request
338     for aid-in-dying medication; and
339          (h) comply with the other requirements of this chapter.
340          (2) (a) The attending physician shall ensure that all appropriate steps are carried out in
341     accordance with this chapter before:
342          (i) determining that the patient is a qualified patient; and
343          (ii) writing a prescription for aid-in-dying medication to enable the patient to end the
344     patient's life in a humane and dignified manner.
345          (b) If the attending physician writes a prescription for aid-in-dying medication, the
346     attending physician shall:
347          (i) electronically contact a pharmacist and inform the pharmacist of the prescription for
348     the aid-in-dying medication;
349          (ii) personally send an electronic prescription to the pharmacist for the aid-in-dying
350     medication; and
351          (iii) inform the Department of Health of the prescription for the aid-in-dying
352     medication, including the name of the aid-in-dying medication prescribed.
353          (c) The pharmacist shall dispense the aid-in-dying medication described in Subsection
354     (2)(b) to:
355          (i) the qualified patient;
356          (ii) the attending physician; or
357          (iii) an expressly identified agent of the qualified patient.
358          Section 8. Section 75-2c-107 is enacted to read:
359          75-2c-107. Consulting physician confirmation.
360          Before an attending physician may determine a patient is a qualified patient, a
361     consulting physician shall:
362          (1) examine the patient and the patient's relevant medical records and confirm, in
363     writing, the attending physician's diagnosis that the patient is suffering from a terminal disease;
364     and
365          (2) verify that the patient:
366          (a) is capable;

367          (b) is acting voluntarily; and
368          (c) is making an informed decision.
369          Section 9. Section 75-2c-108 is enacted to read:
370          75-2c-108. Counseling referral.
371          (1) If the attending physician or the consulting physician determines a patient who
372     makes a request for aid-in-dying medication under Section 75-2c-103 may be suffering from
373     impaired judgment, the physician who makes the determination shall refer the patient for
374     counseling.
375          (2) The attending physician may not prescribe aid-in-dying medication to enable the
376     patient described in Subsection (1) to end the patient's life in a humane and dignified manner
377     unless a counselor determines that the patient:
378          (a) is capable;
379          (b) is acting voluntarily; and
380          (c) is making an informed decision.
381          Section 10. Section 75-2c-109 is enacted to read:
382          75-2c-109. Informed decision.
383          (1) A patient may not receive a prescription for aid-in-dying medication to end the
384     patient's life in a humane and dignified manner unless the patient has made an informed
385     decision.
386          (2) Immediately before prescribing a patient aid-in-dying medication under this
387     chapter, the attending physician shall verify that the patient is making an informed decision.
388          Section 11. Section 75-2c-110 is enacted to read:
389          75-2c-110. Family notification.
390          (1) The attending physician shall recommend that the patient notify the patient's next of
391     kin of the patient's request for aid-in-dying medication under Section 75-2c-103.
392          (2) The attending physician may not deny a patient's request for aid-in-dying
393     medication on the basis of the patient's declination or inability to notify the patient's next of
394     kin.
395          Section 12. Section 75-2c-111 is enacted to read:
396          75-2c-111. Waiting periods.
397          A physician may not prescribe aid-in-dying medication to enable a patient to end the

398     patient's life in a humane and dignified manner unless:
399          (1) no less than 15 days have passed since the day on which the patient made the initial
400     oral request for aid-in-dying medication under Section 75-2c-103;
401          (2) the patient repeats the oral request for aid-in-dying medication as described in
402     Section 75-2c-103; and
403          (3) at least 48 hours have passed since the patient made the patient's written request for
404     aid-in-dying medication under Section 75-2c-103.
405          Section 13. Section 75-2c-112 is enacted to read:
406          75-2c-112. Medical record documentation requirements.
407          The following shall be documented or filed in the medical record of a patient who
408     requests aid-in-dying medication under Section 75-2c-103:
409          (1) all oral and written requests by the patient for aid-in-dying medication;
410          (2) the attending physician's diagnosis, prognosis, and determination whether the
411     patient:
412          (a) is capable;
413          (b) is acting voluntarily; and
414          (c) has made an informed decision;
415          (3) the consulting physician's diagnosis, prognosis, and determination whether the
416     patient:
417          (a) is capable;
418          (b) is acting voluntarily; and
419          (c) has made an informed decision;
420          (4) if applicable, a report of the outcome and determinations made during the patient's
421     counseling under Section 75-2c-108;
422          (5) the attending physician's offer to the patient to rescind the patient's request under
423     Subsection 75-2c-106(1)(g); and
424          (6) a note by the attending physician indicating that all requirements under this chapter
425     have been met and describing the steps taken to carry out the patient's request, including a
426     notation of the aid-in-dying medication prescribed.
427          Section 14. Section 75-2c-113 is enacted to read:
428          75-2c-113. Residency requirement.

429          (1) A patient who requests aid-in-dying medication under Section 75-2c-103 shall
430     attest to the attending physician that the patient:
431          (a) is a resident of Utah; and
432          (b) (i) possesses a Utah driver license or Utah identification card;
433          (ii) is registered to vote in Utah;
434          (iii) owns or leases property in Utah;
435          (iv) filed a Utah tax return for the most recent tax year, and did not file a Non and
436     Part-year Resident Schedule; or
437          (v) has some other indication of Utah residency that is recognized by state law.
438          (2) A patient who relies on Subsection (1)(b)(v) to attest to residency in Utah shall
439     specifically describe the factors that the patient is relying upon in the attestation to the
440     attending physician.
441          (3) An attending physician may rely on the patient's attestation under this section to
442     determine that the patient is a qualified patient.
443          Section 15. Section 75-2c-114 is enacted to read:
444          75-2c-114. Reporting requirements -- Rulemaking.
445          (1) A health care provider who dispenses aid-in-dying medication under this chapter
446     shall file a copy of the dispensing record with the Department of Health in accordance with
447     Subsection (3).
448          (2) (a) The Department of Health may review a sample of the medical records of
449     patients who receive aid-in-dying medication under this chapter.
450          (b) Except as otherwise provided by law, information collected by the Department of
451     Health under Subsections (1) and (2)(a) is a private record under Section 63G-2-302.
452          (3) The Department of Health shall:
453          (a) generate and make available to the public an annual statistical report of
454     de-identified information collected under this section;
455          (b) make rules under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to
456     facilitate the collection of information to determine compliance with this chapter; and
457          (c) provide an annual report to the Health and Human Services Interim Committee
458     regarding the statistical report described in Subsection (3)(a).
459          Section 16. Section 75-2c-115 is enacted to read:

460          75-2c-115. Effect on construction of wills, contracts, and statutes.
461          (1) A provision in a contract, will, or other agreement, whether oral or written, is not
462     valid to the extent the provision would affect whether an individual may make or rescind a
463     request for aid-in-dying under this chapter.
464          (2) An obligation owing under any currently existing contract is not conditioned or
465     affected by the making or rescinding of a request for aid-in-dying medication under this
466     chapter.
467          Section 17. Section 75-2c-116 is enacted to read:
468          75-2c-116. Insurance or annuity policies.
469          (1) A qualified patient's act of ingesting aid-in-dying medication to end the patient's
470     life in a humane and dignified manner in accordance with this chapter does not affect a life,
471     health, or accident insurance or annuity policy.
472          (2) An insurer may not:
473          (a) deny or alter health care benefits otherwise available to an individual with a
474     terminal illness based on the availability of aid-in-dying medication; or
475          (b) coerce or attempt to coerce an individual to make a request for aid-in-dying
476     medication.
477          Section 18. Section 75-2c-117 is enacted to read:
478          75-2c-117. Construction of chapter.
479          (1) This chapter does not authorize a physician or another person to end a patient's life
480     by lethal injection, mercy killing, or euthanasia.
481          (2) Actions taken in accordance with this chapter do not, for any purpose, constitute
482     suicide, assisted suicide, mercy killing, or homicide.
483          Section 19. Section 75-2c-118 is enacted to read:
484          75-2c-118. Immunity for action in good faith -- Prohibition against reprisal --
485     Acceptable prohibitions.
486          (1) A person is not subject to civil or criminal liability or professional disciplinary
487     action for actions resulting from good faith compliance with this chapter, including being
488     present when a qualified patient takes the prescribed aid-in-dying medication to end the
489     qualified patient's life in a humane and dignified manner.
490          (2) A professional organization or association, or health care provider, may not subject

491     a person to censure, discipline, suspension, loss of license, loss of privileges, loss of
492     membership, or other penalty for participating or refusing to participate in good faith
493     compliance with this chapter.
494          (3) A request by a patient for, or provision by an attending physician of, aid-in-dying
495     medication in good faith compliance with the provisions of this chapter is not neglect for any
496     purpose of law and may not form nor contribute to the basis for the appointment of a guardian
497     or conservator.
498          (4) A health care facility may not prohibit a health care provider from providing
499     medical aid-in-dying care, except that the health care facility may prohibit the patient from
500     self-administration of aid-in-dying medication on the premises of the facility.
501          (5) A health care facility may not prohibit the lawful self-administration of aid-in-dying
502     medication on the premises of the facility unless the health care facility provides written
503     notification of the prohibition to the attending physician and any qualified patient.
504          (6) If a health care facility prohibits the self-administration of aid-in-dying medication,
505     the facility shall refer a qualified patient to a health care facility that does not have a
506     prohibition against the self-administration of aid-in-dying medication on the premises.
507          Section 20. Section 75-2c-119 is enacted to read:
508          75-2c-119. Liabilities.
509          (1) A person may not:
510          (a) without authorization of the patient, willfully alter or forge a request for
511     aid-in-dying medication or conceal or destroy a rescission of the request with the intent or
512     effect of causing the patient's death; or
513          (b) coerce or exert undue influence on a patient to request aid-in-dying medication or
514     destroy a rescission of the request.
515          (2) A violation of Subsection (1) is a first degree felony.
516          (3) This chapter does not limit further liability for civil damages resulting from other
517     negligent conduct or intentional misconduct by any person.
518          (4) The penalties in this chapter do not preclude criminal penalties applicable under
519     other law for conduct that is inconsistent with the provisions of this chapter.
520          Section 21. Section 75-2c-120 is enacted to read:
521          75-2c-120. Claims by governmental entity for costs incurred.

522          A governmental entity that incurs costs resulting from an individual ending the
523     individual's life under this chapter in a public place shall have a claim against the estate of the
524     individual to recover the costs and reasonable attorney fees related to enforcing the claim.
525          Section 22. Section 75-2c-121 is enacted to read:
526          75-2c-121. No duty to provide medical aid-in-dying care.
527          (1) A health care provider may choose whether to provide medical aid-in-dying care in
528     accordance with this chapter.
529          (2) If a health care provider is unwilling to provide medical aid-in-dying care to a
530     requesting, capable patient, the health care provider shall make reasonable efforts to transfer
531     the care of the patient to a health care provider who willingly provides medical aid-in-dying
532     care.
533          (3) If a health care provider transfers the care of a patient under Subsection (2), the
534     health care provider shall coordinate the transfer of the patient's medical records to the new
535     health care provider.
536          Section 23. Section 75-2c-122 is enacted to read:
537          75-2c-122. Death certificate.
538          (1) Unless otherwise prohibited, the attending physician or the hospice medical director
539     shall sign the death certificate of a qualified patient who obtained and self-administered
540     aid-in-dying medication under this chapter.
541          (2) If a death occurs as a result of aid-in-dying medication prescribed under this
542     chapter:
543          (a) the cause of death shall be listed on the death certificate as the underlying terminal
544     illness for which the patient qualified to obtain the aid-in-dying medication; and
545          (b) the manner of death may not be listed as suicide or homicide.
546          (3) Notwithstanding Section 26-4-7, a death that results in accordance with this chapter
547     may not form the sole basis for a postmortem investigation.
548          Section 24. Section 75-2c-123 is enacted to read:
549          75-2c-123. Safe disposal of unused aid-in-dying medication.
550          A person who has custody or control of aid-in-dying medication that is dispensed under
551     this chapter and that is unused after the qualified patient who obtained the aid-in-dying
552     medication has died shall dispose of the aid-in-dying medication by any lawful means,

553     including taking the unused aid-in-dying medication to:
554          (1) the attending physician who wrote the prescription for the aid-in-dying medication,
555     who shall dispose of the medication by lawful means;
556          (2) a federally approved medication take-back program; or
557          (3) a local medication take-back program supported by a law enforcement agency,
558     pharmacy, or health care provider.
559          Section 25. Section 75-2c-124 is enacted to read:
560          75-2c-124. Form of the request.
561          A request for aid-in-dying medication under this chapter shall be in substantially the
562     following form:__________________________________________________
566          I, ______________________, am an adult of sound mind.
567          I am suffering from _________, which my attending physician has determined is a
568     terminal disease and which has been medically confirmed by a consulting physician.
569          I have been fully informed of my diagnosis, prognosis, the nature of medication to be
570     prescribed, and potential associated risks, the expected result, and the feasible alternatives,
571     including palliative care, comfort care, hospice care, disability resources available in the
572     community, and pain control.
573          I request that my attending physician prescribe medication that will end my life in a
574     humane and dignified manner.
575          INITIAL ONE:
576          ______ I have informed my family of my decision and taken their opinions into
577          consideration.
578          ______ I have decided not to inform my family of my decision.
579          ______ I have no family to inform of my decision.
580          I understand that I have the right to rescind this request at any time.
581          I understand the full import of this request and I expect to die when I take the
582     medication to be prescribed. I further understand that although most deaths occur within three
583     hours, my death may take longer and my physician has counseled me about this possibility.

584          I make this request voluntarily and without reservation, and I accept full moral
585     responsibility for my actions.
586          Signed: _______________
587          Dated: _______________
589          We declare that the individual signing this request:
590          (a) is personally known to us or has provided proof of identity;
591          (b) signed this request in our presence;
592          (c) appears to be of sound mind and not under duress, fraud, or undue influence; and
593          (d) is not a patient for whom either of us is the attending physician.
594          ______________Witness 1/Date
595          ______________Witness 2/Date
596          NOTE: At least one witness shall be an adult who is not a relative (by blood, marriage,
597     or adoption) of the individual signing this request, is not entitled to any portion of the
598     requestor's estate upon death, and does not own, operate, and is not employed at a health care
599     facility where the requestor is a patient or resident.
600          Section 26. Section 75-2c-125 is enacted to read:
601          75-2c-125. Severability.
602          (1) If a final decision of a court of competent jurisdiction holds invalid any provision
603     of this chapter or the application of any provision to any person or circumstance, the remaining
604     provisions of this chapter remain effective without the invalidated provision or application.
605          (2) The provisions of this chapter are severable.
606          Section 27. Section 76-5-205 is amended to read:
607          76-5-205. Manslaughter.
608          (1) As used in this section:
609          (a) (i) "Aid" means the act of providing the physical means.
610          (ii) "Aid" does not include the withholding or withdrawal of life sustaining treatment
611     procedures to the extent allowed under Title 75, Chapter 2a, Advance Health Care Directive
612     Act, or any other laws of this state.
613          (b) "Practitioner" means an individual currently licensed, registered, or otherwise
614     authorized by law to administer, dispense, distribute, or prescribe medications or procedures in

615     the course of professional practice.
616          (c) "Provides" means to administer, prescribe, distribute, or dispense.
617          (2) Except as provided in Subsection (5), criminal homicide constitutes manslaughter if
618     the actor:
619          (a) recklessly causes the death of another;
620          (b) intentionally, and with knowledge that another individual intends to commit suicide
621     or attempt to commit suicide, aids the other individual to commit suicide;
622          (c) commits a homicide which would be murder, but the offense is reduced [pursuant
623     to] under Subsection 76-5-203(4); or
624          (d) commits murder, but special mitigation is established under Section 76-5-205.5.
625          (3) Manslaughter is a felony of the second degree.
626          (4) (a) In addition to the penalty described under this section or any other section, an
627     individual who is convicted of violating this section shall have the individual's driver license
628     revoked under Section 53-3-220 if the death of another individual results from driving a motor
629     vehicle.
630          (b) The court shall forward the report of the conviction resulting from driving a motor
631     vehicle to the Driver License Division in accordance with Section 53-3-218.
632          (5) (a) A practitioner does not violate Subsection (2)(b) if the practitioner provides
633     medication or a procedure to treat an individual's illness or relieve an individual's pain or
634     discomfort, regardless of whether the medication or procedure may hasten or increase the risk
635     of death to the individual to whom the practitioner provides the medication or procedure[,
636     unless].
637          (b) Notwithstanding Subsection (5)(a), a practitioner violates Subsection (2)(b) if the
638     practitioner intentionally and knowingly provides [the] medication or a procedure to aid [the]
639     an individual to commit suicide or attempt to commit suicide[.] in a manner not authorized
640     under Title 75, Chapter 2c, End of Life Options Act.