LBD13067-02-2
A. 9360 2
2899-X. FORM OF THE REQUEST.
2899-Y. PENALTIES.
2899-Z. SEVERABILITY.
S 2899-D. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING WORDS
AND PHRASES SHALL HAVE THE FOLLOWING MEANINGS:
1. "ADULT" MEANS AN INDIVIDUAL WHO IS EIGHTEEN YEARS OF AGE OR OLDER.
2. "ATTENDING PHYSICIAN" MEANS THE PHYSICIAN WHO HAS PRIMARY RESPONSI-
BILITY FOR THE CARE OF THE PATIENT AND TREATMENT OF THE PATIENT'S TERMI-
NAL DISEASE.
3. "CAPABLE" MEANS THAT IN THE OPINION OF A COURT OR IN THE OPINION OF
THE PATIENT'S ATTENDING PHYSICIAN OR CONSULTING PHYSICIAN, PSYCHIATRIST
OR PSYCHOLOGIST, A PATIENT HAS THE ABILITY TO MAKE AND COMMUNICATE
HEALTH CARE DECISIONS TO HEALTH CARE PROVIDERS, INCLUDING COMMUNICATION
THROUGH PERSONS FAMILIAR WITH THE PATIENT'S MANNER OF COMMUNICATING IF
THOSE PERSONS ARE AVAILABLE.
4. "CONSULTING PHYSICIAN" MEANS A PHYSICIAN WHO IS QUALIFIED BY
SPECIALTY OR EXPERIENCE TO MAKE A PROFESSIONAL DIAGNOSIS AND PROGNOSIS
REGARDING THE PATIENT'S DISEASE.
5. "COUNSELING" MEANS ONE OR MORE CONSULTATIONS AS NECESSARY BETWEEN A
STATE LICENSED PSYCHIATRIST OR PSYCHOLOGIST AND A PATIENT FOR THE
PURPOSE OF DETERMINING THAT THE PATIENT IS CAPABLE AND NOT SUFFERING
FROM A PSYCHIATRIC OR PSYCHOLOGICAL DISORDER OR DEPRESSION CAUSING
IMPAIRED JUDGMENT.
6. "HEALTH CARE PROVIDER" MEANS A PERSON LICENSED, CERTIFIED OR OTHER-
WISE AUTHORIZED OR PERMITTED BY THE LAWS OF THIS STATE TO ADMINISTER
HEALTH CARE OR DISPENSE MEDICATION IN THE ORDINARY COURSE OF BUSINESS OR
PRACTICE OF A PROFESSION, AND INCLUDES A HEALTH CARE FACILITY.
7. "INFORMED DECISION" MEANS A DECISION BY A QUALIFIED PATIENT, TO
REQUEST AND OBTAIN A PRESCRIPTION TO END HIS OR HER LIFE IN A HUMANE AND
DIGNIFIED MANNER, THAT IS BASED ON AN APPRECIATION OF THE RELEVANT FACTS
AND AFTER BEING FULLY INFORMED BY THE ATTENDING PHYSICIAN OF:
(A) HIS OR HER MEDICAL DIAGNOSIS;
(B) HIS OR HER PROGNOSIS;
(C) THE POTENTIAL RISKS ASSOCIATED WITH TAKING THE MEDICATION TO BE
PRESCRIBED;
(D) THE PROBABLE RESULT OF TAKING THE MEDICATION TO BE PRESCRIBED; AND
(E) THE FEASIBLE ALTERNATIVES, INCLUDING, BUT NOT LIMITED TO, COMFORT
CARE, HOSPICE CARE AND PAIN CONTROL.
8. "MEDICALLY CONFIRMED" MEANS THE MEDICAL OPINION OF THE ATTENDING
PHYSICIAN HAS BEEN CONFIRMED BY A CONSULTING PHYSICIAN WHO HAS EXAMINED
THE PATIENT AND THE PATIENT'S RELEVANT MEDICAL RECORDS.
9. "PATIENT" MEANS A PERSON WHO IS UNDER THE CARE OF A PHYSICIAN.
10. "PHYSICIAN" MEANS A DOCTOR OF MEDICINE OR OSTEOPATHY LICENSED TO
PRACTICE MEDICINE BY THE STATE BOARD FOR MEDICINE PURSUANT TO ARTICLE
ONE HUNDRED THIRTY-ONE OF THE EDUCATION LAW.
11. "QUALIFIED PATIENT" MEANS A CAPABLE ADULT WHO IS A RESIDENT OF
THIS STATE AND HAS SATISFIED THE REQUIREMENTS OF THIS ARTICLE IN ORDER
TO OBTAIN A PRESCRIPTION FOR MEDICATION TO END HIS OR HER LIFE IN A
HUMANE AND DIGNIFIED MANNER.
12. "TERMINAL DISEASE" MEANS AN INCURABLE AND IRREVERSIBLE DISEASE
THAT HAS BEEN MEDICALLY CONFIRMED AND WILL, WITHIN REASONABLE MEDICAL
JUDGMENT, PRODUCE DEATH WITHIN SIX MONTHS.
S 2899-E. WRITTEN REQUEST FOR MEDICATION. 1. AN ADULT WHO IS CAPABLE,
IS A RESIDENT OF THIS STATE AND HAS BEEN DETERMINED BY THE ATTENDING
PHYSICIAN AND CONSULTING PHYSICIAN TO BE SUFFERING FROM A TERMINAL
DISEASE, AND WHO HAS VOLUNTARILY EXPRESSED HIS OR HER WISH TO DIE, MAY
A. 9360 3
MAKE A WRITTEN REQUEST FOR MEDICATION FOR THE PURPOSE OF ENDING HIS OR
HER LIFE IN A HUMANE AND DIGNIFIED MANNER IN ACCORDANCE WITH THE
PROVISIONS OF THIS ARTICLE.
2. NO PERSON SHALL QUALIFY UNDER THE PROVISIONS OF THIS ARTICLE SOLELY
BECAUSE OF AGE OR DISABILITY.
S 2899-F. FORM OF THE WRITTEN REQUEST. 1. A VALID REQUEST FOR MEDICA-
TION UNDER THE PROVISIONS OF THIS ARTICLE SHALL BE IN SUBSTANTIALLY THE
FORM DESCRIBED IN SECTION TWENTY-EIGHT HUNDRED NINETY-NINE-X OF THIS
ARTICLE SIGNED AND DATED BY THE PATIENT AND WITNESSED BY AT LEAST TWO
INDIVIDUALS WHO, IN THE PRESENCE OF THE PATIENT, ATTEST THAT TO THE BEST
OF THEIR KNOWLEDGE AND BELIEF THE PATIENT IS CAPABLE, ACTING VOLUNTAR-
ILY, AND IS NOT BEING COERCED TO SIGN THE REQUEST.
2. ONE OF THE WITNESSES SHALL BE A PERSON WHO IS NOT:
(A) A RELATIVE OF THE PATIENT BY BLOOD, MARRIAGE OR ADOPTION;
(B) A PERSON WHO AT THE TIME THE REQUEST IS SIGNED WOULD BE ENTITLED
TO ANY PORTION OF THE ESTATE OF THE QUALIFIED PATIENT UPON DEATH UNDER
ANY WILL OR BY OPERATION OF LAW; OR
(C) AN OWNER, OPERATOR OR EMPLOYEE OF A HEALTH CARE FACILITY WHERE THE
QUALIFIED PATIENT IS RECEIVING MEDICAL TREATMENT OR IS A RESIDENT.
3. THE PATIENT'S ATTENDING PHYSICIAN AT THE TIME THE REQUEST IS SIGNED
SHALL NOT BE A WITNESS.
4. IF THE PATIENT IS A PATIENT IN A LONG TERM CARE FACILITY AT THE
TIME THE WRITTEN REQUEST IS MADE, ONE OF THE WITNESSES SHALL BE AN INDI-
VIDUAL DESIGNATED BY THE FACILITY.
S 2899-G. ATTENDING PHYSICIAN RESPONSIBILITIES. 1. THE ATTENDING
PHYSICIAN SHALL:
(A) MAKE THE INITIAL DETERMINATION OF WHETHER A PATIENT HAS A TERMINAL
DISEASE, IS CAPABLE, AND HAS MADE THE REQUEST VOLUNTARILY;
(B) REQUEST THAT THE PATIENT DEMONSTRATE NEW YORK STATE RESIDENCY;
(C) TO ENSURE THAT THE PATIENT IS MAKING AN INFORMED DECISION, INFORM
THE PATIENT OF:
(I) HIS OR HER MEDICAL DIAGNOSIS;
(II) HIS OR HER PROGNOSIS;
(III) THE POTENTIAL RISKS ASSOCIATED WITH TAKING THE MEDICATION TO BE
PRESCRIBED;
(IV) THE PROBABLY RESULT OF TAKING THE MEDICATION TO BE PRESCRIBED;
AND
(V) THE FEASIBLE ALTERNATIVES, INCLUDING, BUT NOT LIMITED TO, COMFORT
CARE, HOSPICE CARE AND PAIN CONTROL;
(D) REFER THE PATIENT TO A CONSULTING PHYSICIAN FOR MEDICAL CONFIRMA-
TION OF THE DIAGNOSIS, AND FOR A DETERMINATION THAT THE PATIENT IS CAPA-
BLE AND ACTING VOLUNTARILY;
(E) REFER THE PATIENT FOR COUNSELING IF APPROPRIATE PURSUANT TO
SECTION TWENTY-EIGHT HUNDRED NINETY-NINE-I OF THIS ARTICLE;
(F) RECOMMEND THAT THE PATIENT NOTIFY NEXT OF KIN;
(G) COUNSEL THE PATIENT ABOUT THE IMPORTANCE OF HAVING ANOTHER PERSON
PRESENT WHEN THE PATIENT TAKES THE MEDICATION PRESCRIBED PURSUANT TO THE
PROVISIONS OF THIS ARTICLE AND OF NOT TAKING THE MEDICATION IN A PUBLIC
PLACE;
(H) INFORM THE PATIENT THAT HE OR SHE HAS AN OPPORTUNITY TO RESCIND
THE REQUEST AT ANY TIME AND IN ANY MANNER, AND OFFER THE PATIENT AN
OPPORTUNITY TO RESCIND AT THE END OF THE FIFTEEN DAY WAITING PERIOD
PURSUANT TO SECTION TWENTY-EIGHT HUNDRED NINETY-NINE-L OF THIS ARTICLE;
(I) VERIFY, IMMEDIATELY PRIOR TO WRITING THE PRESCRIPTION FOR MEDICA-
TION UNDER THE PROVISIONS OF THIS ARTICLE, THAT THE PATIENT IS MAKING AN
INFORMED DECISION;
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(J) FULFILL THE MEDICAL RECORD DOCUMENTATION REQUIREMENTS OF SECTION
TWENTY-EIGHT HUNDRED NINETY-NINE-O OF THIS ARTICLE;
(K) ENSURE THAT ALL APPROPRIATE STEPS ARE CARRIED OUT IN ACCORDANCE
WITH THE PROVISIONS OF THIS ARTICLE PRIOR TO WRITING A PRESCRIPTION FOR
MEDICATION TO ENABLE A QUALIFIED PATIENT TO END HIS OR HER LIFE IN A
HUMANE AND DIGNIFIED MANNER; AND
(L) (I) DISPENSE MEDICATIONS DIRECTLY, INCLUDING ANCILLARY MEDICATIONS
INTENDED TO FACILITATE THE DESIRED EFFECT TO MINIMIZE THE PATIENT'S
DISCOMFORT, PROVIDED THE ATTENDING PHYSICIAN, HAS A CURRENT DRUG
ENFORCEMENT ADMINISTRATION CERTIFICATE AND COMPLIES WITH ANY APPLICABLE
RULE OR REGULATION; OR
(II) WITH THE PATIENT'S WRITTEN CONSENT:
(A) CONTACT A PHARMACIST AND INFORM THE PHARMACIST OF THE
PRESCRIPTION; AND
(B) DELIVER THE WRITTEN PRESCRIPTION PERSONALLY OR BY MAIL TO THE
PHARMACIST, WHO WILL DISPENSE THE MEDICATIONS TO EITHER THE PATIENT, THE
ATTENDING PHYSICIAN OR AN EXPRESSLY IDENTIFIED AGENT OF THE PATIENT.
2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE ATTENDING PHYSICIAN
MAY SIGN THE PATIENT'S DEATH CERTIFICATE.
S 2899-H. CONSULTING PHYSICIAN CONFIRMATION. BEFORE A PATIENT IS QUAL-
IFIED UNDER THE PROVISIONS OF THIS ARTICLE, A CONSULTING PHYSICIAN SHALL
EXAMINE THE PATIENT AND HIS OR HER RELEVANT MEDICAL RECORDS AND CONFIRM,
IN WRITING, THE ATTENDING PHYSICIAN'S DIAGNOSIS THAT THE PATIENT IS
SUFFERING FROM A TERMINAL DISEASE, AND VERIFY THAT THE PATIENT IS CAPA-
BLE, IS ACTING VOLUNTARILY AND HAS MADE AN INFORMED DECISION.
S 2899-I. COUNSELING REFERRAL. IF IN THE OPINION OF THE ATTENDING
PHYSICIAN OR THE CONSULTING PHYSICIAN A PATIENT MAY BE SUFFERING FROM A
PSYCHIATRIC OR PSYCHOLOGICAL DISORDER OR DEPRESSION CAUSING IMPAIRED
JUDGMENT, EITHER PHYSICIAN SHALL REFER THE PATIENT FOR COUNSELING. NO
MEDICATION TO END A PATIENT'S LIFE IN A HUMANE AND DIGNIFIED MANNER
SHALL BE PRESCRIBED UNTIL THE PERSON PERFORMING THE COUNSELING DETER-
MINES THAT THE PATIENT IS NOT SUFFERING FROM A PSYCHIATRIC OR PSYCHOLOG-
ICAL DISORDER OR DEPRESSION CAUSING IMPAIRED JUDGMENT.
S 2899-J. INFORMED DECISION. NO PERSON SHALL RECEIVE A PRESCRIPTION
FOR MEDICATION TO END HIS OR HER LIFE IN A HUMANE AND DIGNIFIED MANNER
UNLESS HE OR SHE HAS MADE AN INFORMED DECISION AS DEFINED IN SUBDIVISION
SEVEN OF SECTION TWENTY-EIGHT HUNDRED NINETY-NINE-D OF THIS ARTICLE.
IMMEDIATELY PRIOR TO WRITING A PRESCRIPTION FOR MEDICATION UNDER THE
PROVISIONS OF THIS ARTICLE, THE ATTENDING PHYSICIAN SHALL VERIFY THAT
THE PATIENT IS MAKING AN INFORMED DECISION.
S 2899-K. FAMILY NOTIFICATION. THE ATTENDING PHYSICIAN SHALL RECOMMEND
THAT THE PATIENT NOTIFY THE NEXT OF KIN OF HIS OR HER REQUEST FOR MEDI-
CATION PURSUANT TO THE PROVISIONS OF THIS ARTICLE. A PATIENT WHO
DECLINES OR IS UNABLE TO NOTIFY NEXT OF KIN SHALL NOT HAVE HIS OR HER
REQUEST DENIED FOR THAT REASON.
S 2899-L. WRITTEN AND ORAL REQUESTS. IN ORDER TO RECEIVE A
PRESCRIPTION FOR MEDICATION TO END HIS OR HER LIFE IN A HUMANE AND
DIGNIFIED MANNER, A QUALIFIED PATIENT SHALL HAVE MADE AN ORAL REQUEST
AND A WRITTEN REQUEST, AND REITERATE THE ORAL REQUEST TO HIS OR HER
ATTENDING PHYSICIAN NO LESS THAN FIFTEEN DAYS AFTER MAKING THE INITIAL
ORAL REQUEST. AT THE TIME THE QUALIFIED PATIENT MAKES HIS OR HER SECOND
ORAL REQUEST, THE ATTENDING PHYSICIAN SHALL OFFER THE PATIENT AN OPPOR-
TUNITY TO RESCIND THE REQUEST.
S 2899-M. RIGHT TO RESCIND REQUEST. A PATIENT MAY RESCIND HIS OR HER
REQUEST AT ANY TIME AND IN ANY MANNER WITHOUT REGARD TO HIS OR HER
MENTAL STATE. NO PRESCRIPTION FOR MEDICATION UNDER THE PROVISIONS OF
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THIS ARTICLE MAY BE WRITTEN WITHOUT THE ATTENDING PHYSICIAN OFFERING THE
QUALIFIED PATIENT AN OPPORTUNITY TO RESCIND THE REQUEST.
S 2899-N. WAITING PERIODS. NO LESS THAN FIFTEEN DAYS SHALL ELAPSE
BETWEEN THE PATIENT'S INITIAL ORAL REQUEST AND THE WRITING OF A
PRESCRIPTION UNDER THE PROVISIONS OF THIS ARTICLE. NO LESS THAN
FORTY-EIGHT HOURS SHALL ELAPSE BETWEEN THE PATIENT'S WRITTEN REQUEST AND
THE WRITING OF A PRESCRIPTION UNDER THE PROVISIONS OF THIS ARTICLE.
S 2899-O. MEDICAL RECORD DOCUMENTATION REQUIREMENTS. THE FOLLOWING
SHALL BE DOCUMENTED OR FILED IN THE PATIENT'S MEDICAL RECORD:
1. ALL ORAL REQUESTS BY A PATIENT FOR MEDICATION TO END HIS OR HER
LIFE IN A HUMANE AND DIGNIFIED MANNER;
2. ALL WRITTEN REQUESTS BY A PATIENT FOR MEDICATION TO END HIS OR HER
LIFE IN A HUMANE AND DIGNIFIED MANNER;
3. THE ATTENDING PHYSICIAN'S DIAGNOSIS AND PROGNOSIS, DETERMINATION
THAT THE PATIENT IS CAPABLE, ACTING VOLUNTARILY AND HAS MADE AN INFORMED
DECISION;
4. THE CONSULTING PHYSICIAN'S DIAGNOSIS AND PROGNOSIS, AND VERIFICA-
TION THAT THE PATIENT IS CAPABLE, ACTING VOLUNTARILY AND HAS MADE AN
INFORMED DECISION;
5. A REPORT OF THE OUTCOME AND DETERMINATIONS MADE DURING COUNSELING,
IF PERFORMED;
6. THE ATTENDING PHYSICIAN'S OFFER TO THE PATIENT TO RESCIND HIS OR
HER REQUEST AT THE TIME OF THE PATIENT'S SECOND ORAL REQUEST PURSUANT TO
SECTION TWENTY-EIGHT HUNDRED NINETY-NINE-I OF THIS ARTICLE; AND
7. A NOTE BY THE ATTENDING PHYSICIAN INDICATING THAT ALL REQUIREMENTS
UNDER THE PROVISIONS OF THIS ARTICLE HAVE BEEN MET AND INDICATING THE
STEPS TAKEN TO CARRY OUT THE REQUEST, INCLUDING A NOTATION OF THE MEDI-
CATION PRESCRIBED.
S 2899-P. RESIDENCY REQUIREMENT. ONLY REQUESTS MADE BY NEW YORK STATE
RESIDENTS UNDER THE PROVISIONS OF THIS ARTICLE SHALL BE GRANTED. FACTORS
DEMONSTRATING NEW YORK STATE RESIDENCY SHALL INCLUDE BUT SHALL NOT BE
LIMITED TO:
1. POSSESSION OF A NEW YORK STATE DRIVER'S LICENSE;
2. REGISTRATION TO VOTE IN NEW YORK STATE;
3. EVIDENCE THAT THE PERSON OWNS OR LEASES PROPERTY IN NEW YORK STATE;
OR
4. FILING OF A NEW YORK STATE TAX RETURN FOR THE MOST RECENT TAX YEAR.
S 2899-Q. REPORTING REQUIREMENTS. 1. (A) THE STATE BOARD FOR MEDICINE
SHALL ANNUALLY REVIEW A SAMPLE OF RECORDS MAINTAINED PURSUANT TO THE
PROVISIONS OF THIS ARTICLE.
(B) THE STATE BOARD FOR MEDICINE SHALL REQUIRE ANY HEALTH CARE PROVID-
ER UPON DISPENSING MEDICATION PURSUANT TO THE PROVISIONS OF THIS ARTICLE
TO FILE A COPY OF THE DISPENSING RECORD WITH THE STATE BOARD FOR MEDI-
CINE.
2. THE STATE BOARD FOR MEDICINE SHALL MAKE RULES TO FACILITATE THE
COLLECTION OF INFORMATION REGARDING COMPLIANCE WITH THE PROVISIONS OF
THIS ARTICLE. EXCEPT AS OTHERWISE REQUIRED BY LAW, THE INFORMATION
COLLECTED SHALL NOT BE A PUBLIC RECORD AND MAY NOT BE MADE AVAILABLE FOR
INSPECTION BY THE PUBLIC.
3. THE STATE BOARD FOR MEDICINE SHALL GENERATE AND MAKE AVAILABLE TO
THE PUBLIC AN ANNUAL STATISTICAL REPORT OF INFORMATION COLLECTED UNDER
SUBDIVISION TWO OF THIS SECTION.
S 2899-R. EFFECT ON CONSTRUCTION OF WILLS, CONTRACTS AND STATUTES. 1.
NO PROVISION IN A CONTRACT, WILL OR OTHER AGREEMENT, WHETHER WRITTEN OR
ORAL, TO THE EXTENT THE PROVISION WOULD AFFECT WHETHER A PERSON MAY MAKE
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OR RESCIND A REQUEST FOR MEDICATION TO END HIS OR HER LIFE IN A HUMANE
AND DIGNIFIED MANNER, SHALL BE VALID.
2. NO OBLIGATION OWING UNDER ANY CURRENTLY EXISTING CONTRACT SHALL BE
CONDITIONED OR AFFECTED BY THE MAKING OR RESCINDING OF A REQUEST, BY A
PERSON, FOR MEDICATION TO END HIS OR HER LIFE IN A HUMANE AND DIGNIFIED
MANNER.
S 2899-S. INSURANCE OR ANNUITY POLICIES. THE SALE, PROCUREMENT, OR
ISSUANCE OF ANY LIFE, HEALTH, OR ACCIDENT INSURANCE OR ANNUITY POLICY OR
THE RATE CHARGED FOR ANY POLICY SHALL NOT BE CONDITIONED UPON OR
AFFECTED BY THE MAKING OR RESCINDING OF A REQUEST, BY A PERSON, FOR
MEDICATION TO END HIS OR HER LIFE IN A HUMANE AND DIGNIFIED MANNER.
NEITHER SHALL A QUALIFIED PATIENT'S ACT OF INGESTING MEDICATION TO END
HIS OR HER LIFE IN A HUMANE AND DIGNIFIED MANNER HAVE AN EFFECT UPON A
LIFE, HEALTH, OR ACCIDENT INSURANCE OR ANNUITY POLICY.
S 2899-T. CONSTRUCTION. THE PROVISIONS OF THIS ARTICLE SHALL NOT BE
CONSTRUED TO AUTHORIZE A PHYSICIAN OR ANY OTHER PERSON TO END A
PATIENT'S LIFE BY LETHAL INJECTION, MERCY KILLING OR ACTIVE EUTHANASIA.
ACTIONS TAKEN IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE SHALL
NOT, FOR ANY PURPOSE, CONSTITUTE SUICIDE, ASSISTED SUICIDE, MERCY KILL-
ING OR HOMICIDE, UNDER THE LAW.
S 2899-U. IMMUNITIES; BASIS FOR PROHIBITING HEALTH CARE PROVIDER FROM
PARTICIPATION; NOTIFICATION; PERMISSIBLE SANCTIONS. 1. NO PERSON SHALL
BE SUBJECT TO CIVIL OR CRIMINAL LIABILITY OR PROFESSIONAL DISCIPLINARY
ACTION FOR PARTICIPATING IN GOOD FAITH COMPLIANCE WITH THE PROVISIONS OF
THIS ARTICLE. THIS INCLUDES BEING PRESENT WHEN A QUALIFIED PATIENT TAKES
THE PRESCRIBED MEDICATION TO END HIS OR HER LIFE IN A HUMANE AND DIGNI-
FIED MANNER.
2. NO PROFESSIONAL ORGANIZATION OR ASSOCIATION, OR HEALTH CARE PROVID-
ER, MAY SUBJECT A PERSON TO CENSURE, DISCIPLINE, SUSPENSION, LOSS OF
LICENSE, LOSS OF PRIVILEGES, LOSS OF MEMBERSHIP OR OTHER PENALTY FOR
PARTICIPATING OR REFUSING TO PARTICIPATE IN GOOD FAITH COMPLIANCE WITH
THE PROVISIONS OF THIS ARTICLE.
3. NO REQUEST BY A PATIENT FOR OR PROVISION BY AN ATTENDING PHYSICIAN
OF MEDICATION IN GOOD FAITH COMPLIANCE WITH THE PROVISIONS OF THIS ARTI-
CLE SHALL CONSTITUTE NEGLECT FOR ANY PURPOSE OF LAW OR PROVIDE THE SOLE
BASIS FOR THE APPOINTMENT OF A GUARDIAN OR CONSERVATOR.
4. NO HEALTH CARE PROVIDER SHALL BE UNDER ANY DUTY, WHETHER BY
CONTRACT, BY STATUTE OR BY ANY OTHER LEGAL REQUIREMENT TO PARTICIPATE IN
THE PROVISION TO A QUALIFIED PATIENT OF MEDICATION TO END HIS OR HER
LIFE IN A HUMANE AND DIGNIFIED MANNER. IF A HEALTH CARE PROVIDER IS
UNABLE OR UNWILLING TO CARRY OUT A PATIENT'S REQUEST UNDER THE
PROVISIONS OF THIS ARTICLE, AND THE PATIENT TRANSFERS HIS OR HER CARE TO
A NEW HEALTH CARE PROVIDER, THE PRIOR HEALTH CARE PROVIDER SHALL TRANS-
FER, UPON REQUEST, A COPY OF THE PATIENT'S RELEVANT MEDICAL RECORDS TO
THE NEW HEALTH CARE PROVIDER.
5. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A HEALTH CARE
PROVIDER MAY PROHIBIT ANOTHER HEALTH CARE PROVIDER FROM PARTICIPATING IN
THE PROVISIONS OF THIS ARTICLE ON THE PREMISES OF THE PROHIBITING
PROVIDER IF THE PROHIBITING PROVIDER HAS NOTIFIED THE HEALTH CARE
PROVIDER OF THE PROHIBITING PROVIDER'S POLICY REGARDING PARTICIPATING IN
THE PROVISIONS OF THIS ARTICLE. NOTHING IN THIS SUBDIVISION PREVENTS A
HEALTH CARE PROVIDER FROM PROVIDING HEALTH CARE SERVICES TO A PATIENT
THAT DO NOT CONSTITUTE PARTICIPATION IN THE PROVISIONS OF THIS ARTICLE.
(B) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS ONE, TWO, THREE AND
FOUR OF THIS SECTION, A HEALTH CARE PROVIDER MAY SUBJECT ANOTHER HEALTH
CARE PROVIDER TO THE SANCTIONS STATED IN THIS SUBDIVISION IF THE SANC-
A. 9360 7
TIONING HEALTH CARE PROVIDER HAS NOTIFIED THE SANCTIONED PROVIDER PRIOR
TO PARTICIPATION IN THE PROVISIONS OF THIS ARTICLE THAT IT PROHIBITS
PARTICIPATION IN THE PROVISIONS OF THIS ARTICLE.
(I) LOSS OF PRIVILEGES, LOSS OF MEMBERSHIP OR OTHER SANCTION PROVIDED
PURSUANT TO THE MEDICAL STAFF BYLAWS, POLICIES AND PROCEDURES OF THE
SANCTIONING HEALTH CARE PROVIDER IF THE SANCTIONED PROVIDER IS A MEMBER
OF THE SANCTIONING PROVIDER'S MEDICAL STAFF AND PARTICIPATES IN THE
PROVISIONS OF THIS ARTICLE WHILE ON THE HEALTH CARE FACILITY PREMISES,
OF THE SANCTIONING HEALTH CARE PROVIDER, BUT NOT INCLUDING THE PRIVATE
MEDICAL OFFICE OF A PHYSICIAN OR OTHER PROVIDER;
(II) TERMINATION OF LEASE OR OTHER PROPERTY CONTRACT OR OTHER NONMONE-
TARY REMEDIES PROVIDED BY LEASE CONTRACT, NOT INCLUDING LOSS OR
RESTRICTION OF MEDICAL STAFF PRIVILEGES OR EXCLUSION FROM A PROVIDER
PANEL, IF THE SANCTIONED PROVIDER PARTICIPATES IN THE PROVISIONS OF THIS
ARTICLE WHILE ON THE PREMISES OF THE SANCTIONING HEALTH CARE PROVIDER OR
ON PROPERTY THAT IS OWNED BY OR UNDER THE DIRECT CONTROL OF THE SANC-
TIONING HEALTH CARE PROVIDER; OR
(III) TERMINATION OF CONTRACT OR OTHER NONMONETARY REMEDIES PROVIDED
BY CONTRACT IF THE SANCTIONED PROVIDER PARTICIPATES IN THE PROVISIONS OF
THIS ARTICLE WHILE ACTING IN THE COURSE AND SCOPE OF THE SANCTIONED
PROVIDER'S CAPACITY AS AN EMPLOYEE OR INDEPENDENT CONTRACTOR OF THE
SANCTIONING HEALTH CARE PROVIDER. NOTHING IN THIS PARAGRAPH SHALL BE
CONSTRUED TO PREVENT:
(A) A HEALTH CARE PROVIDER FROM PARTICIPATING IN THE PROVISIONS OF
THIS ARTICLE WHILE ACTING OUTSIDE THE COURSE AND SCOPE OF THE PROVIDER'S
CAPACITY AS AN EMPLOYEE OR INDEPENDENT CONTRACTOR; OR
(B) A PATIENT FROM CONTRACTING WITH HIS OR HER ATTENDING PHYSICIAN AND
CONSULTING PHYSICIAN TO ACT OUTSIDE THE COURSE AND SCOPE OF THE PROVID-
ER'S CAPACITY AS AN EMPLOYEE OR INDEPENDENT CONTRACTOR OF THE SANCTION-
ING HEALTH CARE PROVIDER.
(C) A HEALTH CARE PROVIDER THAT IMPOSES SANCTIONS PURSUANT TO PARA-
GRAPH (B) OF THIS SUBDIVISION MUST FOLLOW ALL DUE PROCESS AND OTHER
PROCEDURES THE SANCTIONING HEALTH CARE PROVIDER MAY HAVE THAT ARE
RELATED TO THE IMPOSITION OF SANCTIONS ON ANOTHER HEALTH CARE PROVIDER.
(D) FOR PURPOSES OF THIS SUBDIVISION:
(I) "NOTIFY" MEANS A SEPARATE STATEMENT IN WRITING TO THE HEALTH CARE
PROVIDER SPECIFICALLY INFORMING THE HEALTH CARE PROVIDER PRIOR TO THE
PROVIDER'S PARTICIPATION IN THE PROVISIONS OF THIS ARTICLE OF THE SANC-
TIONING HEALTH CARE PROVIDER'S POLICY ABOUT PARTICIPATION IN ACTIVITIES
COVERED BY THE PROVISIONS OF THIS ARTICLE.
(II) "PARTICIPATE IN DEATH WITH DIGNITY ACT" MEANS TO PERFORM THE
DUTIES OF AN ATTENDING PHYSICIAN PURSUANT TO SECTION TWENTY-EIGHT
HUNDRED NINETY-NINE-G OF THIS ARTICLE; THE CONSULTING PHYSICIAN FUNCTION
PURSUANT TO SECTION TWENTY-EIGHT HUNDRED NINETY-NINE-H OF THIS ARTICLE,
OR THE COUNSELING FUNCTION PURSUANT TO SECTION TWENTY-EIGHT HUNDRED
NINETY-NINE-I OF THIS ARTICLE. "PARTICIPATE IN DEATH WITH DIGNITY ACT"
DOES NOT INCLUDE:
(A) MAKING AN INITIAL DETERMINATION THAT A PATIENT HAS A TERMINAL
DISEASE AND INFORMING THE PATIENT OF THE MEDICAL PROGNOSIS;
(B) PROVIDING INFORMATION ABOUT THE DEATH WITH DIGNITY ACT TO A
PATIENT UPON THE REQUEST OF THE PATIENT;
(C) PROVIDING A PATIENT, UPON THE REQUEST OF THE PATIENT, WITH A
REFERRAL TO ANOTHER PHYSICIAN; OR
(D) A PATIENT CONTRACTING WITH HIS OR HER ATTENDING PHYSICIAN AND
CONSULTING PHYSICIAN TO ACT OUTSIDE OF THE COURSE AND SCOPE OF THE
A. 9360 8
PROVIDER'S CAPACITY AS AN EMPLOYEE OR INDEPENDENT CONTRACTOR OF THE
SANCTIONING HEALTH CARE PROVIDER.
6. ACTION TAKEN PURSUANT TO SECTION TWENTY-EIGHT HUNDRED
NINETY-NINE-F, TWENTY-EIGHT HUNDRED NINETY-NINE-G, TWENTY-EIGHT HUNDRED
NINETY-NINE-H, OR TWENTY-EIGHT HUNDRED NINETY-NINE-I SHALL NOT BE THE
SOLE BASIS FOR A REPORT OF UNPROFESSIONAL OR DISHONORABLE CONDUCT UNDER
ARTICLE ONE HUNDRED THIRTY-ONE-A OF THE EDUCATION LAW.
7. NO PROVISION OF THE PROVISIONS OF THIS ARTICLE SHALL BE CONSTRUED
TO ALLOW A LOWER STANDARD OF CARE FOR PATIENTS IN THE COMMUNITY WHERE
THE PATIENT IS TREATED OR A SIMILAR COMMUNITY.
S 2899-V. LIABILITIES. 1. A PERSON WHO WITHOUT AUTHORIZATION OF THE
PATIENT WILLFULLY ALTERS OR FORGES A REQUEST FOR MEDICATION OR CONCEALS
OR DESTROYS A RESCISSION OF THAT REQUEST WITH THE INTENT OR EFFECT OF
CAUSING THE PATIENT'S DEATH SHALL BE GUILTY OF A CLASS A FELONY.
2. A PERSON WHO COERCES OR EXERTS UNDUE INFLUENCE ON A PATIENT TO
REQUEST MEDICATION FOR THE PURPOSE OF ENDING THE PATIENT'S LIFE, OR TO
DESTROY A RESCISSION OF SUCH A REQUEST, SHALL BE GUILTY OF A CLASS A
FELONY.
3. NOTHING IN THE PROVISIONS OF THIS ARTICLE LIMITS FURTHER LIABILITY
FOR CIVIL DAMAGES RESULTING FROM OTHER NEGLIGENT CONDUCT OR INTENTIONAL
MISCONDUCT BY ANY PERSON.
4. THE PENALTIES IN THE PROVISIONS OF THIS ARTICLE DO NOT PRECLUDE
CRIMINAL PENALTIES APPLICABLE UNDER OTHER LAW FOR CONDUCT WHICH IS
INCONSISTENT WITH THE PROVISIONS OF THIS ARTICLE.
S 2899-W. CLAIMS BY GOVERNMENTAL ENTITY FOR COSTS INCURRED. ANY
GOVERNMENTAL ENTITY THAT INCURS COSTS RESULTING FROM A PERSON TERMINAT-
ING HIS OR HER LIFE PURSUANT TO THE PROVISIONS OF THIS ARTICLE IN A
PUBLIC PLACE SHALL HAVE A CLAIM AGAINST THE ESTATE OF THE PERSON TO
RECOVER SUCH COSTS AND REASONABLE ATTORNEY FEES RELATED TO ENFORCING THE
CLAIM.
S 2899-X. FORM OF THE REQUEST. A REQUEST FOR A MEDICATION AS AUTHOR-
IZED BY THE PROVISIONS OF THIS ARTICLE SHALL BE IN SUBSTANTIALLY THE
FOLLOWING FORM:
REQUEST FOR MEDICATION
TO END MY LIFE IN A HUMANE
AND DIGNIFIED MANNER
I, ______________________, AM AN ADULT OF SOUND MIND.
I AM SUFFERING FROM _____________, WHICH MY ATTENDING PHYSICIAN HAS
DETERMINED IS A TERMINAL DISEASE AND WHICH HAS BEEN MEDICALLY CONFIRMED
BY A CONSULTING PHYSICIAN.
I HAVE BEEN FULLY INFORMED OF MY DIAGNOSIS, PROGNOSIS, THE NATURE OF
MEDICATION TO BE PRESCRIBED AND POTENTIAL ASSOCIATED RISKS, THE EXPECTED
RESULT, AND THE FEASIBLE ALTERNATIVES, INCLUDING COMFORT CARE, HOSPICE
CARE AND PAIN CONTROL.
I REQUEST THAT MY ATTENDING PHYSICIAN PRESCRIBE MEDICATION THAT WILL END
MY LIFE IN A HUMANE AND DIGNIFIED MANNER.
INITIAL ONE:
___ I HAVE INFORMED MY FAMILY OF MY DECISION AND TAKEN THEIR OPINIONS
INTO CONSIDERATION.
___ I HAVE DECIDED NOT TO INFORM MY FAMILY OF MY DECISION.
___ I HAVE NO FAMILY TO INFORM OF MY DECISION.
I UNDERSTAND THAT I HAVE THE RIGHT TO RESCIND THIS REQUEST AT ANY TIME.
A. 9360 9
I UNDERSTAND THE FULL IMPORT OF THIS REQUEST AND I EXPECT TO DIE WHEN I
TAKE THE MEDICATION TO BE PRESCRIBED. I FURTHER UNDERSTAND THAT ALTHOUGH
MOST DEATHS OCCUR WITHIN THREE HOURS, MY DEATH MAY TAKE LONGER AND MY
PHYSICIAN HAS COUNSELED ME ABOUT THIS POSSIBILITY.
I MAKE THIS REQUEST VOLUNTARILY AND WITHOUT RESERVATION, AND I ACCEPT
FULL MORAL RESPONSIBILITY FOR MY ACTIONS.
SIGNED: __________
DATED: __________
DECLARATION OF WITNESSES
WE DECLARE THAT THE PERSON SIGNING THIS REQUEST:
(A) IS PERSONALLY KNOWN TO US OR HAS PROVIDED PROOF OF IDENTIFY;
(B) SIGNED THIS REQUEST IN OUR PRESENCE;
(C) APPEARS TO BE OF SOUND MIND AND NOT UNDER DURESS, FRAUD OR UNDUE
INFLUENCE;
(D) IS NOT A PATIENT FOR WHOM EITHER OF US IS ATTENDING PHYSICIAN.
__________ WITNESS 1/DATE
__________ WITNESS 2/DATE
NOTE: ONE WITNESS SHALL NOT BE A RELATIVE (BY BLOOD, MARRIAGE OR
ADOPTION) OF THE PERSON SIGNING THIS REQUEST, SHALL NOT BE ENTITLED TO
ANY PORTION OF THE PERSON'S ESTATE UPON DEATH AND SHALL NOT OWN, OPERATE
OR BE EMPLOYED AT A HEALTH CARE FACILITY WHERE THE PERSON IS A PATIENT
OR RESIDENT. IF THE PATIENT IS AN INPATIENT AT A HEALTH CARE FACILITY,
ONE OF THE WITNESSES SHALL BE AN INDIVIDUAL DESIGNATED BY THE FACILITY.
S 2899-Y. PENALTIES. 1. IT SHALL BE A CLASS A FELONY FOR A PERSON
WITHOUT AUTHORIZATION OF THE PRINCIPAL TO WILLFULLY ALTER, FORGE,
CONCEAL OR DESTROY AN INSTRUMENT, THE REINSTATEMENT OR REVOCATION OF AN
INSTRUMENT OR ANY OTHER EVIDENCE OR DOCUMENT REFLECTING THE PRINCIPAL'S
DESIRES AND INTERESTS, WITH THE INTENT AND EFFECT OF CAUSING A WITHHOLD-
ING OR WITHDRAWAL OF LIFE-SUSTAINING PROCEDURES OR OF ARTIFICIALLY
ADMINISTERED NUTRITION AND HYDRATION WHICH HASTENS THE DEATH OF THE
PRINCIPAL.
2. EXCEPT AS PROVIDED IN SUBDIVISION ONE OF THIS SECTION, IT SHALL BE
A CLASS A MISDEMEANOR FOR A PERSON WITHOUT AUTHORIZATION OF THE PRINCI-
PAL TO WILLFULLY ALTER, FORGE, CONCEAL OR DESTROY AN INSTRUMENT, THE
REINSTATEMENT OR REVOCATION OF AN INSTRUMENT, OR ANY OTHER EVIDENCE OR
DOCUMENT REFLECTING THE PRINCIPAL'S DESIRES AND INTERESTS WITH THE
INTENT OR EFFECT OF AFFECTING A HEALTH CARE DECISION.
S 2899-Z. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SECTION OR
PART OF THIS ARTICLE SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURIS-
DICTION TO BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALI-
DATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERATION TO
THE CLAUSE, SENTENCE, PARAGRAPH, SECTION OR PART THEREOF, DIRECTLY
INVOLVED IN THE CONTROVERSY IN WHICH SUCH JUDGEMENT SHALL HAVE BEEN
RENDERED.
S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.