Signed by Governor Michelle Lujan Grisham

Vote Smart's Synopsis:

Vote to pass a bill that authorizes terminally ill patients to ask their physicians to prescribe drugs to help them die.

Highlights:

• Defines "medical aid in dying" means the medical practice wherein a health care provider prescribes medication to a qualified individual who may self-administer that medication to bring about a peaceful death (Sec. 2.E).

• Authorizes a prescribing health care provider to provide a prescription for medical aid in dying medication to an individual only after the prescribing health care provider has (Sec. 3):

• Determined that the individual has at least a terminal illness and capacity;

• Provided medical care to the individual in accordance with accepted medical standards of care;

• Determined that the individual is making an informed decision;

• Determined in good faith that the individual's request does not arise from coercion or undue influence by another person;

• Noted in the individual's health record the prescribing health care provider's determination that the individual qualifies to receive medical aid in dying;

• Confirmed in the individual's health record that at least one physician or osteopathic physician licensed according to the Medical Practice Act or the Osteopathic Medicine Act has determined, after conducting an appropriate examination, that the individual has the capacity, a terminal illness, and the ability to self-administer the medical aid in dying medication; 

• Affirmed that the individual is enrolled in a medicare-certified hospice program; and

• Provided a form for the patient to affirm they want to die.

• Prohibits an individual from being determined to have the capacity to make end-of-life decisions until the (Sec. 4):

• Health care provider refers the individual for evaluation by a mental health professional with the training and expertise to assess a person with such a disorder or disability; and

• Mental health professional determines the individual have the capacity to make end-of-life decisions after evaluating the individual during one or more visits with the individual.

• Requires a health care provider to inform a terminally ill patient of all reasonable options related to the patient's care that are legally available to terminally ill patients that meet the medical standards of care for end-of-life care (Sec. 6).

• Specifies the End-of-Life Options Act can not be construed to authorize a physician or any other person to end an individual's life by lethal injection, mercy killing, or euthanasia. Actions taken in accordance with the End-of-Life Options Act will not be construed, for any purpose, to constitute suicide, assisted suicide, euthanasia, mercy killing, homicide, or adult abuse under the law (Sec. 8).

• Requires the department to promulgate an annual statistical report, containing aggregated data, on the information collected on the total number of medical aid in dying medication prescriptions written statewide and on the number of health care providers who have issued prescriptions for medical aid in dying medication during that year (Sec. 9.B).

• Specifies assisting suicide consists of deliberately aiding another in the taking of the person's own life, unless the person aiding another in the taking of the person's own life is a person acting in accordance with the provisions of the End-of-Life Options Act (Sec. 10.A).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that authorizes terminally ill patients to ask their physicians to prescribe drugs to help them die.

Highlights:

• Defines "medical aid in dying" means the medical practice wherein a health care provider prescribes medication to a qualified individual who may self-administer that medication to bring about a peaceful death (Sec. 2.E).

• Authorizes a prescribing health care provider to provide a prescription for medical aid in dying medication to an individual only after the prescribing health care provider has (Sec. 3):

• Determined that the individual has at least a terminal illness and capacity;

• Provided medical care to the individual in accordance with accepted medical standards of care;

• Determined that the individual is making an informed decision;

• Determined in good faith that the individual's request does not arise from coercion or undue influence by another person;

• Noted in the individual's health record the prescribing health care provider's determination that the individual qualifies to receive medical aid in dying;

• Confirmed in the individual's health record that at least one physician or osteopathic physician licensed according to the Medical Practice Act or the Osteopathic Medicine Act has determined, after conducting an appropriate examination, that the individual has the capacity, a terminal illness, and the ability to self-administer the medical aid in dying medication; 

• Affirmed that the individual is enrolled in a medicare-certified hospice program; and

• Provided a form for the patient to affirm they want to die.

• Prohibits an individual from being determined to have the capacity to make end-of-life decisions until the (Sec. 4):

• Health care provider refers the individual for evaluation by a mental health professional with the training and expertise to assess a person with such a disorder or disability; and

• Mental health professional determines the individual have the capacity to make end-of-life decisions after evaluating the individual during one or more visits with the individual.

• Requires a health care provider to inform a terminally ill patient of all reasonable options related to the patient's care that are legally available to terminally ill patients that meet the medical standards of care for end-of-life care (Sec. 6).

• Specifies the End-of-Life Options Act can not be construed to authorize a physician or any other person to end an individual's life by lethal injection, mercy killing, or euthanasia. Actions taken in accordance with the End-of-Life Options Act will not be construed, for any purpose, to constitute suicide, assisted suicide, euthanasia, mercy killing, homicide, or adult abuse under the law (Sec. 8).

• Requires the department to promulgate an annual statistical report, containing aggregated data, on the information collected on the total number of medical aid in dying medication prescriptions written statewide and on the number of health care providers who have issued prescriptions for medical aid in dying medication during that year (Sec. 9.B).

• Specifies assisting suicide consists of deliberately aiding another in the taking of the person's own life, unless the person aiding another in the taking of the person's own life is a person acting in accordance with the provisions of the End-of-Life Options Act (Sec. 10.A).

Full Bill Text