A bill for an act
relating to health; establishing an end-of-life option for terminally ill adults;
proposing coding for new law in Minnesota Statutes, chapter 145.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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Sections 145.871 to 145.879 may be cited as the "End-of-Life
Option Act."
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(a) For the purposes of sections 145.871 to 145.879, the following
terms have the meanings given unless the context requires otherwise.
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(b) "Adult" means an individual 18 years of age or older.
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(c) "Attending provider" means the provider who has primary responsibility for the care
of the patient and treatment of the patient's terminal disease.
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(d) "Coercion or undue influence" means the willful attempt, whether by deception,
intimidation, or any other means to:
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(1) cause an individual to request, obtain, or self-administer medication pursuant to this
section with the intent to cause the death of the individual; or
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(2) prevent a qualified individual from obtaining or self-administering medication
pursuant to this section.
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(e) "Consulting provider" means a provider who is qualified by specialty or experience
to make a professional diagnosis and prognosis regarding the individual's disease.
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(f) "Health care facility" means a general hospital, medical clinic, nursing home, hospice
facility, or any other entity governed by chapter 144 or 144A. Health care facility does not
include individual providers.
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(g) "Informed decision" means a decision by a qualified individual to request and obtain
a prescription for medication pursuant to this section that the qualified individual may
self-administer to bring about a peaceful death, after being fully informed by the attending
provider and consulting provider of:
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(1) the individual's diagnosis and prognosis;
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(2) the feasible end-of-life care and treatment options for the individual's terminal disease,
including but not limited to comfort care, palliative care, hospice care, and pain control,
and the risks and benefits of each;
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(3) the potential risk associated with taking the medication to be prescribed;
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(4) the probable result of taking the medication to be prescribed; and
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(5) the individual's right to withdraw a request pursuant this section, or consent for any
other treatment, at any time.
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(h) "Licensed mental health provider" means a psychiatrist, psychologist, clinical social
worker, psychiatric nurse practitioner, or clinical professional counselor licensed under the
provider's board of practice.
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(i) "Medical aid in dying" means the practice of evaluating a request, determining
qualification, and providing a prescription to a qualified individual pursuant to this section.
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(j) "Medically confirmed" means the attending provider's medical opinion that the
individual is eligible to receive medication pursuant to this section has been confirmed by
the consulting provider after performing a medical evaluation.
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(k) "Mentally capable" means that in the opinion of the attending provider or consulting
provider, or licensed mental health provider if an opinion is requested under subdivision 9,
the individual requesting medication pursuant to this section has the ability to make and
communicate an informed decision.
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(l) "Prognosis of six months or less" means the terminal disease will, within reasonable
medical judgment, result in death within six months.
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(m) "Provider" means a person licensed, certified, or otherwise authorized or permitted
by the provider's licensing authority to diagnose and treat medical conditions, and prescribe
and dispense medication, including controlled substances. Provider includes:
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(1) a doctor of medicine or osteopathy licensed by the Minnesota Board of Medical
Practice pursuant to chapter 147; and
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(2) an advanced practice registered nurse licensed by the Minnesota Board of Nursing
and certified by a national nurse certification organization acceptable to the board to practice
as a clinical nurse specialist or nurse practitioner pursuant to chapter 148.
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Provider does not include a health care facility.
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(n) "Qualified individual" means a capable adult who has satisfied the requirements of
this section in order to obtain a prescription for medication to bring about a peaceful death.
No person shall be considered a qualified individual under this section solely because of
advanced age or disability.
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(o) "Self-administer" means a qualified individual performs an affirmative, conscious,
voluntary act to ingest medication prescribed pursuant to this section to bring about the
individual's peaceful death. Self-administration does not include administration by
intravenous or other parenteral injection or infusion.
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(p) "Terminal disease" means an incurable and irreversible disease that has been medically
confirmed and will, within reasonable medical judgment, produce death within six months.
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(a) Nothing in this section shall be construed to limit the
information a provider must provide to an individual in order to comply with Minnesota
informed consent laws and the medical standard of care.
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(b) If a provider is unable or unwilling to provide information or services that the
individual has requested, upon request of the individual the provider shall timely transfer
both care of the individual and any related medical records to a new provider, so that the
individual can make a voluntary, affirmative decision regarding end-of-life health care.
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(a) Medical care that complies with the requirements of this
section meets the medical standard of care.
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(b) Nothing in this section exempts a provider or other medical personnel from meeting
medical standards of care for the treatment of individuals with a terminal disease.
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(a) A mentally capable individual with a terminal disease may
request a prescription for medication under this section. A qualified individual must have
made two oral requests and a written request.
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(b) The attending and consulting providers of a qualified individual must meet all the
requirements of subdivisions 7 and 8.
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(c) Oral and written requests for medical aid in dying may be made only by the requesting
individual and shall not be made by the individual's surrogate decision-maker, health care
proxy, attorney-in-fact for health care, nor via advance health care directive.
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(d) For terminally ill adults who may have difficulty with oral communication, written
materials, technology-assisted communication, interpreters or other assistance consistent
with Title III of the Americans with Disabilities Act as necessary may qualify as an oral
request.
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(e) At the time the individual makes the second oral request, the consulting health care
provider shall offer the individual an opportunity to rescind the request.
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(a) A terminally ill adult wishing to receive a prescription
for medical aid in dying medication under this section must make one oral request and one
written request to the attending health care provider and one oral request to the consulting
health care provider.
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(b) A valid written request for medication under this section shall be in substantially the
form below, signed and dated by the individual.