Existing law, the End of Life Option Act, until January 1, 2026, authorizes an adult who meets certain qualifications, and who has been determined by their attending physician to be suffering from a terminal disease, as defined, to make a request for an aid-in-dying drug for the purpose of ending their life. Existing law establishes the procedures for making these requests, including that 2 oral requests be made a minimum of 15 days apart, specified forms to request an aid-in-dying drug be submitted, under specified circumstances, and a final attestation be completed. Existing law requires specified information to be documented in the individual's medical record, including, among other things, all oral and written requests for an aid-in-dying drug.
This bill would allow for an individual to qualify for aid-in-dying medication by making 2 oral requests a minimum of 48 hours apart. The bill would eliminate the requirement that an individual who is prescribed and ingests aid-in-dying medication make a final attestation. The bill would require that the date of all oral and written requests be documented in an individual's medical record and would require that upon a transfer of care, that record be provided to the qualified individual. The bill would extend the operation of the act until January 1, 2031, thereby imposing a state-mandated local program by extending the operation of crimes for specified violations of the act.
Existing law makes participation in activities authorized pursuant to the act voluntary, and makes individual health care providers immune from liability for refusing to engage in activities authorized pursuant to its provisions, including providing information about the act or referring an individual to a provider who prescribes aid-in-dying medication.
This bill would require a health care provider who is unable or unwilling to participate under the act to inform the individual seeking an aid-in-dying medication that they do not participate, document the date of the individual's request and the provider's notice of their objection, and transfer their relevant medical record upon request.
Existing law authorizes a health care provider to prohibit its employees, independent contractors, or other persons or entities, including other health care providers, from participating under the act, including acting as a consulting physician, while on the premises owned or under the management or direct control of that prohibiting health care provider, or while acting within the course and scope of any employment by, or contract with, the prohibiting health care provider.
This bill would instead authorize a health care entity to prohibit employees and contractors, as specified, from participating under the act while on the entity's premises or in the course of their employment. The bill would prohibit a health care provider or health care entity from engaging in false, misleading, or deceptive practices relating to their willingness to qualify an individual or provide a prescription for an aid-in-dying medication to a qualified individual. The bill would require a health care entity to post its current policy regarding medical aid in dying on its internet website.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Statutes affected:
SB380: 443.1 HSC, 443.3 HSC, 443.4 HSC, 443.5 HSC, 443.11 HSC, 443.14 HSC, 443.15 HSC, 443.17 HSC, 443.21 HSC, 443.215 HSC
02/10/21 - Introduced: 443.1 HSC, 443.3 HSC, 443.4 HSC, 443.5 HSC, 443.11 HSC, 443.14 HSC, 443.15 HSC, 443.17 HSC, 443.21 HSC, 443.215 HSC
04/05/21 - Amended Senate: 443.1 HSC, 443.3 HSC, 443.4 HSC, 443.5 HSC, 443.11 HSC, 443.14 HSC, 443.15 HSC, 443.17 HSC, 443.21 HSC, 443.215 HSC
04/22/21 - Amended Senate: 443.1 HSC, 443.3 HSC, 443.4 HSC, 443.5 HSC, 443.11 HSC, 443.14 HSC, 443.15 HSC, 443.17 HSC, 443.215 HSC
06/14/21 - Amended Assembly: 443.1 HSC, 443.3 HSC, 443.4 HSC, 443.5 HSC, 443.11 HSC, 443.14 HSC, 443.15 HSC, 443.17 HSC, 443.215 HSC
08/30/21 - Amended Assembly: 443.1 HSC, 443.3 HSC, 443.4 HSC, 443.5 HSC, 443.11 HSC, 443.14 HSC, 443.15 HSC, 443.17 HSC, 443.215 HSC
09/14/21 - Enrolled: 443.1 HSC, 443.3 HSC, 443.4 HSC, 443.5 HSC, 443.11 HSC, 443.14 HSC, 443.15 HSC, 443.17 HSC, 443.215 HSC
10/05/21 - Chaptered: 443.1 HSC, 443.3 HSC, 443.4 HSC, 443.5 HSC, 443.11 HSC, 443.14 HSC, 443.15 HSC, 443.17 HSC, 443.215 HSC
SB 380: 443.1 HSC, 443.3 HSC, 443.4 HSC, 443.5 HSC, 443.11 HSC, 443.14 HSC, 443.15 HSC, 443.17 HSC, 443.21 HSC, 443.215 HSC