1.Short title.
This chapter may be known and cited as "the Maine Death with Dignity Act."
2.Definitions.
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
3.Right to information.
A patient has a right to information regarding all treatment options reasonably available for the care of the patient, including, but not limited to, information in response to specific questions about the foreseeable risks and benefits of medication, without a physician's withholding requested information regardless of the purpose of the questions or the nature of the information.
4.Written request for medication.
An adult who is competent, is a resident of this State, has been determined by an attending physician and a consulting physician to be
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1.
Short title.
This chapter may be known and cited as "the Maine Death with Dignity Act."
2.
Definitions.
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
3.
Right to information.
A patient has a right to information regarding all treatment options reasonably available for the care of the patient, including, but not limited to, information in response to specific questions about the foreseeable risks and benefits of medication, without a physician's withholding requested information regardless of the purpose of the questions or the nature of the information.
4.
Written request for medication.
An adult who is competent, is a resident of this State, has been determined by an attending physician and a consulting physician to be suffering from a terminal disease and has voluntarily expressed the wish to die may make a written request for medication that the adult may self-administer in accordance with this Act. An adult does not qualify under this Act solely because of age or disability.
5.
Form of written request.
A valid request for medication under this Act must be substantially in the form described in subsection 24, signed and dated by the patient and witnessed by at least 2 individuals who, in the presence of the patient, attest that to the best of their knowledge and belief the patient is competent, is acting voluntarily and is not being coerced to sign the request.
6.
Attending physician responsibilities.
The attending physician shall:
7.
Consulting physician confirmation.
Before a patient is determined to be a qualified patient under this Act, a consulting physician shall examine the patient and the patient's relevant medical records and confirm, in writing, the attending physician's diagnosis that the patient is suffering from a terminal disease and verify that the patient is competent, is acting voluntarily and has made an informed decision.
8.
Consulting referral.
If, in the opinion of the attending physician or the consulting physician, a patient may be suffering from a psychiatric or psychological disorder or depression causing impaired judgment, the physician shall refer the patient for counseling. Medication to end a patient's life in a humane and dignified manner may not be prescribed until the person performing the counseling determines that the patient is not suffering from a psychiatric or psychological disorder or depression causing impaired judgment.
9.
Informed decision.
A qualified patient may not receive a prescription for medication under this Act unless the qualified patient has made an informed decision. Immediately before writing a prescription for medication under this Act, the attending physician shall verify that the qualified patient is making an informed decision.
10.
Notification of next of kin.
A patient who declines or is unable to notify the patient's next of kin may not have the patient's request for medication denied for that reason.
11.
Written and oral requests; waiting periods.
To receive a prescription for medication that the qualified patient may self-administer under this Act, a qualified patient must make 2 oral requests, at least 15 days apart, and a written request to the qualified patient's attending physician. At the time the qualified patient makes the qualified patient's 2nd oral request, the attending physician shall offer the qualified patient an opportunity to rescind the request. The date the qualified patient signs the written request must be no earlier than 15 days after the initial oral request. At least 48 hours must elapse between the date the qualified patient signs the written request and the writing of a prescription under this Act.
12.
Right to rescind request.
A patient may rescind the patient's request at any time and in any manner without regard to the patient's mental state. A prescription for medication may not be written under this Act without the attending physician's offering the qualified patient an opportunity to rescind the request.
13.
Waiting periods.
14.
Medical record documentation requirements.
The following must be documented or filed in a patient's medical record:
15.
Residency requirement.
For purposes of this Act, only requests made by residents of this State may be granted. The residence of a person is that place where the person has established a fixed and principal home to which the person, whenever temporarily absent, intends to return. The following factors may be offered in determining a person's residence under this Act and need not all be present in order to determine a person's residence:
16.
Disposal of unused medications.
A person who has custody of or control over any unused medications prescribed pursuant to this Act after the death of the qualified patient shall personally deliver the unused medications to the nearest facility qualified to dispose of controlled substances or, if such delivery is impracticable, personally dispose of the unused medications by any lawful means, in accordance with any guidelines adopted by the department.
17.
Reporting of information; adoption of rules; information collected not a public record; annual statistical report.
The department shall:
18.
Effect on construction of wills, contracts and other agreements.
Any provision in a contract, will or other agreement, whether written or oral, to the extent the provision would affect whether a person may make or rescind a request for medication to end the person's life in a humane and dignified manner, is not valid. Any obligation owing under any currently existing contract may not be conditioned upon or affected by the making or rescinding of a request by a person for medication to end the person's life in a humane and dignified manner.
19.
Insurance or annuity policies.
The sale, procurement or issuance of any life, health or accident insurance or annuity policy or the rate charged for any life, health or accident insurance or annuity policy may not be conditioned upon or affected by the making or rescinding of a request by a qualified patient for medication that the patient may self-administer to end the patient's life in accordance with this Act. A qualified patient whose life is insured under a life insurance policy issued under the provisions of Title 24‑A, chapter 29 and the beneficiaries of the policy may not be denied benefits on the basis of self-administration of medication by the qualified patient in accordance with this Act. The rating, sale, procurement or issuance of any medical professional liability insurance policy delivered or issued for delivery in this State must be in accordance with the provisions of Title 24‑A.
20.
Authority of Act; references to acts committed under Act; applicable standard of care.
This Act does not authorize a physician or any other person to end a patient's life by lethal injection, mercy killing or active euthanasia. Actions taken in accordance with this Act do not, for any purpose, constitute suicide, assisted suicide, mercy killing or homicide under the law. State reports may not refer to acts committed under this Act as "suicide" or "assisted suicide." Consistent with the provisions of this Act, state reports must refer to acts committed under this Act as obtaining and self-administering life-ending medication. Nothing contained in this Act may be interpreted to lower the applicable standard of care for the attending physician, the consulting physician, a psychiatrist or a psychologist or other health care provider providing services under this Act.
21.
Voluntary participation.
Nothing in this Act requires a health care provider to provide medication to a qualified patient to end the qualified patient's life. If a health care provider is unable or unwilling to carry out the qualified patient's request under this Act, the health care provider shall transfer any relevant medical records for the patient to a new health care provider upon request by the patient.
22.
Basis for prohibiting persons or entities from participation; notification; penalties; permissible actions.
The following provisions govern the basis for prohibiting persons or entities from participating in activities under this Act, notification, penalties and permissible actions.
23.
Claims by governmental entity for costs incurred.
Any governmental entity that incurs costs resulting from a person ending the person's life under this Act in a public place has a claim against the estate of the person to recover the costs and reasonable attorney's fees related to enforcing the claim.
24.
Form of the request.
A request for medication as authorized by this Act must be in substantially the following form:
25.
Form of interpreter attachment.
The form of an attachment for purposes of providing interpretive services as described in subsection 5, paragraph B must be in substantially the following form: