§ 443.15. — 443.15. (Amended by Stats. 2021, Ch. 542, Sec. 7.)

California § 443.15.

• Jurisdiction: California
• Code HSC: Health and Safety Code - HSC
• Div. 1.: DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH
• Part 1.85.: PART 1.85. End of Life Option Act

Text

(a)
Subject to subdivision (b), notwithstanding any other law, a health care entity may prohibit its employees, independent contractors, or other persons or entities, including health care providers, from participating under this part while on premises owned or under the management or direct control of that health care entity or while acting within the course and scope of any employment by, or contract with, the entity.
(b)
A health care entity shall first give notice upon employment or other affiliation and thereafter annual notice of the policy concerning this part to the individual or entity. An entity that fails to provide notice to an individual or entity in compliance with this subdivision shall not be entitled to enforce such a policy against that individual
or entity. For purposes of this subdivision, posting on the entity’s public internet website the entity’s current policy governing medical aid in dying shall satisfy the annual notice requirement.
(c)
Subject to compliance with subdivision (b), the health care entity may take action, including, but not limited to, the following, as applicable, against any individual or entity that violates this policy:
(1)
Loss of privileges, loss of membership, or other action authorized by the bylaws or rules and regulations of the medical staff.
(2)
Suspension, loss of employment, or other action authorized by the policies and practices of the health care entity.
(3)
Termination of any lease or other contract between the health care entity and the individual or
entity that violates the policy.
(4)
Imposition of any other nonmonetary remedy provided for in any lease or contract between the health care entity and the individual or entity in violation of the policy.
(d)
This section does not prevent, or allow a health care entity to prohibit, any health care provider, employee, independent contractor, or other person or entity from any of the following:
(1)
Participating, or entering into an agreement to participate, under this part, while on premises that are not owned or under the management or direct control of the health care entity or while acting outside the course and scope of the participant’s duties as an employee of, or an independent contractor for, the health care entity.
(2)
Participating, or
entering into an agreement to participate, under this part as an attending physician or consulting physician while on premises that are not owned or under the management or direct control of the health care entity.
(e)
In taking actions pursuant to subdivision (c), a health care entity shall comply with all procedures required by law, its own policies or procedures, and any contract with the individual or entity in violation of the policy, as applicable.
(f)
For purposes of this part:
(1)
“Notice” means a separate statement in writing advising of the health care entity policy with respect to participating under this part.
(2)
“Participating, or entering into an agreement to participate, under this part” means doing or entering into an agreement to do
any one or more of the following:
(A)
Performing the duties of an attending physician as specified in Section 443.5.
(B)
Performing the duties of a consulting physician as specified in Section 443.6.
(C)
Performing the duties of a mental health specialist, in the circumstance that a referral to one is made.
(D)
Delivering the prescription for, dispensing, or delivering the dispensed aid-in-dying drug pursuant to paragraph (2) of subdivision (b) of, and subdivision (c) of, Section 443.5.
(E)
Being present when the qualified individual takes the aid-in-dying drug prescribed pursuant to this part.
(3)
“Participating, or entering
into an agreement to participate, under this part” does not include doing, or entering into an agreement to do, any of the following:
(A)
Diagnosing whether a patient has a terminal disease, informing the patient of the medical prognosis, or determining whether a patient has the capacity to make decisions.
(B)
Providing information to a patient about this part.
(C)
Providing a patient, upon the patient’s request, with a referral to another health care provider for the purposes of participating under this part.
(g)
Any action taken by a health care entity pursuant to this section shall not be reportable under Sections 800 to 809.9, inclusive, of the Business and Professions Code. The fact that a health care provider participates under this part shall not
be the sole basis for a complaint or report of unprofessional or dishonorable conduct under Sections 800 to 809.9, inclusive, of the Business and Professions Code.
(h)
This part does not prevent a health care provider from providing an individual with health care services that do not constitute participation in this part.
(i)
Each health care entity shall post on the entity’s public internet website the entity’s current policy governing medical aid in dying.
(j)
A health care entity shall not engage in false, misleading, or deceptive practices relating to its policy concerning end-of-life care services nor engage in coercion or undue influence under this part.

Legislative History

Amended by Stats. 2021, Ch. 542, Sec. 7. (SB 380) Effective January 1, 2022.