Signed by Governor David Ige

Vote Smart's Synopsis:

Vote to adopt a conference report and pass a bill that authorizes an adult resident of Hawaii with a terminal disease and less than 6 months to live to obtain aid-in-dying medication.

Highlights:

• Establishes a regulated process under which an adult resident of Hawaii with a medically confirmed terminal disease and less than 6 months to live may choose to request medication to end the patient’s life, effective January 1, 2019 (Secs. 3 and 12).

• Specifies that no healthcare provider or facility is under any obligation to prescribe aid-in-dying medication (Sec. 3).  

• Requires a valid written request to be signed by the patient and witnessed by at least 2 individuals who, in the presence of the patient, can attest that the patient is of sound mind, acting voluntarily, and is not being coerced to sign the request (Sec. 3).

• Requires one of the witnesses to be an individual who is not (Sec. 3):

• A relative of the patient by blood, marriage, or adoption;

• An individual entitled to any portion of the patient’s estate; or

• An owner, operator, or employee of the healthcare facility that is treating the patient.

• Requires the patient to be fully informed of the following before they can make a valid request (Sec. 3):

• The medical diagnosis and prognosis;

• The potential risks and results of taking the medication;

• The ability to decline or rescind their decision at any time; and

• Alternative or additional treatments such as comfort care, hospice care, and pain control.

• Specifies that it is a class A felony to coerce or induce a patient by force, threat, fraud, or intimidation to make a request for aid-in-dying medication (Sec. 3).

• Prohibits an individual or healthcare facility from being subject to civil or criminal liability for acting in compliance with these measures (Sec. 3).

• Establishes criminal sanctions for tampering with a patient’s request for, or rescission of a request for, aid-in-dying medication (Sec. 3).

• Prohibits these measures from affecting the validity of provisions in wills, contracts, or insurance or annuity policies (Sec. 3).

• Authorizes governmental entities to recover costs and attorney’s fees resulting from an individual terminating their life in a public place (Sec. 3).

Full Bill Text