Signed by Governor Janet Mills

Vote Smart's Synopsis:

Vote to concur with a bill that authorizes medical aid in dying.

Highlights:

• Authorizes competent patients who have been determined by an attending or consulting physician to be suffering from a terminal disease and have voluntarily expressed the wish to die to make a written request for medication and self-administer in accordance with this Act (Sec. 4).
• Requires the written request to be signed and dated by the patient and witnessed by at least 2 individuals who, in the presence of the patient, attest the patient is competent, acting voluntarily, and is not being coerced to sign (Sec. 5).
• Requires the 2 or more witnesses to not be a relative of the patient by blood, marriage, or adoption, a person who would be entitled to anything in the patient’s will or operation of any law or receive any portion of the estate, or an owner, operator, or employee of a health care facility the patient is receiving medical treatment from or is a resident of, or the attending physician (Sec. 5).
• Requires the physician to confirm that the patient’s request does not a result of coercion or undue influence by another individual by discussing with the patient alone (except for an interpreter) whether the patient is feeling coerced or unduly influenced (Sec. 6).
• Requires the patient to make an oral request and a written request, and then repeat the oral request to their attending physician at least 15 days after making the initial oral request (Sec. 11).
• Requires that if a health care provider is unable or unwilling to carry out the qualified patient’s request to transfer any relevant medical records for the patient to a new health care provider upon request of the patient (Sec. 21).
• Defines “attending physician”, meaning the physician who has primary responsibility for the care of a patient and the treatment of that patient’s terminal disease (Sec. 2).
• Defines “competent”, meaning that in the opinion of a court or patient’s attending physician or consulting physician, psychiatrist, or psychologist, a patient has the ability to make and communicate an informed decision to health care providers, including communication through people familiar with the way the patient communicates if they are available (Sec. 2).
• Defines “consulting physician”, meaning a physician who is qualified by specialty or experience to make a professional diagnosis and prognosis regarding a patient’s disease (Sec. 2).
• Defines “qualified patient”, meaning a competent adult who is a resident of the State and has satisfied requirements in order to obtain a prescription for medication that the qualified patient may self-administer to end the qualified patient’s life in a humane and dignified manner (Sec. 2).
• Defines “informed decision”, meaning a decision made by a qualified patient to request and obtain a prescription for medication that the qualified patient may self-administer to end the patient’s life in a humane and dignified manner based on an appreciation of the relevant facts and is made after being fully informed by the attending physician of their diagnosis, prognosis, potential risks associated with the medication, probable result of taking the medication to be prescribed, and the feasible alternatives to taking the medication including different types of care, control, and treatment options (Sec. 2).
• Defines “patient”, meaning an adult who is under the care of a physician (Sec. 2).

• Defines “terminal disease”, meaning an incurable and irreversible disease that’s been medically confirmed and will, with reasonable medical judgement, produce death within 6 months (Sec. 2).

Vote Smart's Synopsis:

Vote to pass a bill that authorizes medical aid in dying.

Highlights:

• Authorizes competent patients who have been determined by an attending or consulting physician to be suffering from a terminal disease and have voluntarily expressed the wish to die to make a written request for medication and self-administer in accordance with this Act (Sec. 4).
• Requires the written request to be signed and dated by the patient and witnessed by at least 2 individuals who, in the presence of the patient, attest the patient is competent, acting voluntarily, and is not being coerced to sign (Sec. 5).
• Requires the 2 or more witnesses to not be a relative of the patient by blood, marriage, or adoption, a person who would be entitled to anything in the patient’s will or operation of any law or receive any portion of the estate, or an owner, operator, or employee of a health care facility the patient is receiving medical treatment from or is a resident of, or the attending physician (Sec. 5).
• Requires the physician to confirm that the patient’s request does not a result of coercion or undue influence by another individual by discussing with the patient alone (except for an interpreter) whether the patient is feeling coerced or unduly influenced (Sec. 6).
• Requires the patient to make an oral request and a written request, and then repeat the oral request to their attending physician at least 15 days after making the initial oral request (Sec. 11).
• Requires that if a health care provider is unable or unwilling to carry out the qualified patient’s request to transfer any relevant medical records for the patient to a new health care provider upon request of the patient (Sec. 21).
• Defines “attending physician”, meaning the physician who has primary responsibility for the care of a patient and the treatment of that patient’s terminal disease (Sec. 2).
• Defines “competent”, meaning that in the opinion of a court or patient’s attending physician or consulting physician, psychiatrist, or psychologist, a patient has the ability to make and communicate an informed decision to health care providers, including communication through people familiar with the way the patient communicates if they are available (Sec. 2).
• Defines “consulting physician”, meaning a physician who is qualified by specialty or experience to make a professional diagnosis and prognosis regarding a patient’s disease (Sec. 2).
• Defines “qualified patient”, meaning a competent adult who is a resident of the State and has satisfied requirements in order to obtain a prescription for medication that the qualified patient may self-administer to end the qualified patient’s life in a humane and dignified manner (Sec. 2).
• Defines “informed decision”, meaning a decision made by a qualified patient to request and obtain a prescription for medication that the qualified patient may self-administer to end the patient’s life in a humane and dignified manner based on an appreciation of the relevant facts and is made after being fully informed by the attending physician of their diagnosis, prognosis, potential risks associated with the medication, probable result of taking the medication to be prescribed, and the feasible alternatives to taking the medication including different types of care, control, and treatment options (Sec. 2).
• Defines “patient”, meaning an adult who is under the care of a physician (Sec. 2).

• Defines “terminal disease”, meaning an incurable and irreversible disease that’s been medically confirmed and will, with reasonable medical judgement, produce death within 6 months (Sec. 2).

Full Bill Text