S. 3685 2
2994-OOO. NON-SANCTIONABLE ACTIVITIES.
2994-PPP. PENALTIES.
2994-QQQ. SEVERABILITY.
S 2994-AAA. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING WORDS
AND PHRASES SHALL HAVE THE FOLLOWING MEANINGS:
1. "ADULT" MEANS AN INDIVIDUAL WHO IS EIGHTEEN YEARS OF AGE OR OLDER.
2. "AID-IN-DYING MEDICATION" MEANS MEDICATION PRESCRIBED BY A PHYSI-
CIAN TO A QUALIFIED INDIVIDUAL, WHICH THE PATIENT MAY CHOOSE TO SELF-AD-
MINISTER TO BRING ABOUT A PEACEFUL DEATH IF THEY FIND THEIR SUFFERING
DUE TO A TERMINAL ILLNESS TO BE UNBEARABLE.
3. "ATTENDING PHYSICIAN" MEANS THE PHYSICIAN WHO HAS PRIMARY RESPONSI-
BILITY FOR THE CARE OF AN INDIVIDUAL AND TREATMENT OF THE INDIVIDUAL'S
TERMINAL ILLNESS.
4. "CAPACITY" MEANS THAT IN THE OPINION OF AN INDIVIDUAL'S ATTENDING
PHYSICIAN, CONSULTING PHYSICIAN, PSYCHIATRIST, OR PSYCHOLOGIST THE INDI-
VIDUAL HAS THE ABILITY TO MAKE AND COMMUNICATE AN INFORMED DECISION TO
HEALTHCARE PROVIDERS, INCLUDING COMMUNICATION THROUGH A PERSON FAMILIAR
WITH THE INDIVIDUAL'S MANNER OF COMMUNICATING IF THAT PERSON IS AVAIL-
ABLE.
5. "CONSULTING PHYSICIAN" MEANS A PHYSICIAN WHO IS QUALIFIED BY
SPECIALTY OR EXPERIENCE TO MAKE A PROFESSIONAL DIAGNOSIS AND PROGNOSIS
REGARDING AN INDIVIDUAL'S ILLNESS.
6. "COUNSELING" MEANS ONE OR MORE CONSULTATIONS AS NECESSARY BETWEEN
AN INDIVIDUAL AND A PSYCHIATRIST OR PSYCHOLOGIST LICENSED IN THIS STATE
FOR THE PURPOSE OF DETERMINING THAT THE INDIVIDUAL IS COMPETENT AND IS
NOT SUFFERING FROM A PSYCHIATRIC OR PSYCHOLOGICAL DISORDER OR DEPRESSION
CAUSING IMPAIRED JUDGMENT.
7. "HEALTHCARE PROVIDER" OR "PROVIDER" MEANS A PERSON LICENSED, CERTI-
FIED, OR OTHERWISE AUTHORIZED OR PERMITTED BY LAW TO ADMINISTER HEALTH-
CARE OR DISPENSE MEDICATION IN THE ORDINARY COURSE OF BUSINESS OR PRAC-
TICE OF A PROFESSION, NURSE PRACTITIONERS AND PHYSICIAN ASSISTANTS
NOTWITHSTANDING, AND INCLUDES A HEALTHCARE FACILITY.
8. "INFORMED DECISION" MEANS A DECISION BY A TERMINALLY ILL INDIVIDUAL
TO REQUEST AND OBTAIN A PRESCRIPTION FOR MEDICATION THAT THE INDIVIDUAL
MAY SELF-ADMINISTER TO END THE INDIVIDUAL'S LIFE THAT IS BASED ON AN
UNDERSTANDING AND ACKNOWLEDGMENT OF THE RELEVANT FACTS AND THAT IS MADE
AFTER BEING FULLY INFORMED BY THE ATTENDING PHYSICIAN OF:
(A) THE INDIVIDUAL'S MEDICAL DIAGNOSIS AND PROGNOSIS;
(B) THE POTENTIAL RISKS ASSOCIATED WITH TAKING THE MEDICATION TO BE
PRESCRIBED;
(C) THE PROBABLE RESULT OF TAKING THE MEDICATION TO BE PRESCRIBED;
(D) THE POSSIBILITY THAT THEY MAY NOT CHOOSE TO OBTAIN THE MEDICATION,
OR MAY OBTAIN THE MEDICATION BUT MAY DECIDE NOT TO TAKE IT; AND
(E) THE FEASIBLE ALTERNATIVES OR ADDITIONAL TREATMENT OPPORTUNITIES,
INCLUDING BUT NOT LIMITED TO COMFORT CARE, HOSPICE CARE AND PAIN MANAGE-
MENT.
9. "MEDICALLY CONFIRMED" MEANS THE MEDICAL OPINION OF THE ATTENDING
PHYSICIAN HAS BEEN CONFIRMED BY A CONSULTING PHYSICIAN WHO HAS EXAMINED
THE INDIVIDUAL AND THE INDIVIDUAL'S RELEVANT MEDICAL RECORDS.
10. "PHYSICIAN" MEANS A DOCTOR OF MEDICINE OR OSTEOPATHY LICENSED TO
PRACTICE MEDICINE IN THIS STATE.
11. "QUALIFIED INDIVIDUAL" MEANS A TERMINALLY ILL ADULT POSSESSING
CAPACITY WHO HAS SATISFIED THE REQUIREMENTS OF THIS ARTICLE.
12. "SELF-ADMINISTER" MEANS A QUALIFIED INDIVIDUAL'S AFFIRMATIVE,
CONSCIOUS ACT OF USING THE MEDICATION TO BRING ABOUT THEIR OWN PEACEFUL
AND HUMANE DEATH.
S. 3685 3
13. "TERMINAL ILLNESS" MEANS AN INCURABLE AND IRREVERSIBLE ILLNESS
THAT HAS BEEN MEDICALLY CONFIRMED AND WILL, WITHIN REASONABLE MEDICAL
JUDGMENT, RESULT IN DEATH WITHIN SIX MONTHS.
S 2994-BBB. RIGHT TO REQUEST AID-IN-DYING MEDICATION. 1. A QUALIFIED
INDIVIDUAL POSSESSING CAPACITY MAY MAKE A DOCUMENTED REQUEST TO RECEIVE
A PRESCRIPTION FOR AID-IN-DYING MEDICATION IF:
(A) THE QUALIFIED INDIVIDUAL'S ATTENDING PHYSICIAN AND A CONSULTING
PHYSICIAN HAVE DETERMINED THE QUALIFIED INDIVIDUAL TO BE SUFFERING FROM
A TERMINAL ILLNESS; AND
(B) THE QUALIFIED INDIVIDUAL HAS VOLUNTARILY EXPRESSED THE WISH TO
RECEIVE A PRESCRIPTION FOR AID-IN-DYING MEDICATION.
2. A PERSON MAY NOT QUALIFY UNDER THE PROVISIONS OF THIS ARTICLE SOLE-
LY BECAUSE OF AGE OR DISABILITY.
S 2994-CCC. REQUEST PROCESS. 1. A QUALIFIED INDIVIDUAL WISHING TO
RECEIVE A PRESCRIPTION FOR AID-IN-DYING MEDICATION PURSUANT TO THIS
ARTICLE SHALL SUBMIT A WRITTEN REQUEST AND MAKE AN ORAL REQUEST TO THEIR
ATTENDING PHYSICIAN.
2. A VALID WRITTEN REQUEST FOR AID-IN-DYING MEDICATION UNDER THIS
ARTICLE MUST BE:
(A) IN SUBSTANTIALLY THE FORM DESCRIBED IN SECTION TWENTY-NINE HUNDRED
NINETY-FOUR-JJJ OF THIS ARTICLE;
(B) SIGNED AND DATED BY THE QUALIFIED INDIVIDUAL SEEKING THE MEDICA-
TION; AND
(C) WITNESSED BY AT LEAST TWO OTHER INDIVIDUALS WHO, IN THE PRESENCE
OF THE QUALIFIED INDIVIDUAL, ATTEST THAT TO THE BEST OF THEIR KNOWLEDGE
AND BELIEF THE QUALIFIED INDIVIDUAL:
(I) POSSESSES CAPACITY;
(II) IS ACTING VOLUNTARILY; AND
(III) IS NOT BEING COERCED TO SIGN THE REQUEST.
3. ONE OF THE WITNESSES MUST BE AN INDIVIDUAL WHO IS NOT:
(A) RELATED TO THE QUALIFIED INDIVIDUAL BY BLOOD, MARRIAGE OR
ADOPTION;
(B) AT THE TIME THE REQUEST IS SIGNED, ENTITLED TO ANY PORTION OF THE
QUALIFIED INDIVIDUAL'S ESTATE UPON DEATH OF THE QUALIFIED INDIVIDUAL
UNDER A WILL OR ANY OPERATION OF LAW; OR
(C) AN OWNER, OPERATOR, OR EMPLOYEE OF A HEALTHCARE FACILITY WHERE THE
QUALIFIED INDIVIDUAL IS RECEIVING MEDICAL TREATMENT OR WHERE THE QUALI-
FIED INDIVIDUAL RESIDES.
4. NEITHER THE QUALIFIED INDIVIDUAL'S ATTENDING PHYSICIAN NOR ANY
CONSULTING PHYSICIAN MAY BE A WITNESS TO THE SIGNING OF A WRITTEN
REQUEST.
S 2994-DDD. RIGHT TO RESCIND REQUEST; REQUIREMENT TO OFFER OPPORTUNITY
TO RESCIND. 1. A QUALIFIED INDIVIDUAL MAY AT ANY TIME RESCIND THEIR
REQUEST FOR AID-IN-DYING MEDICATION WITHOUT REGARD TO THE QUALIFIED
INDIVIDUAL'S MENTAL STATE.
2. A PRESCRIPTION FOR AID-IN-DYING MEDICATION UNDER THIS ARTICLE MAY
NOT BE WRITTEN WITHOUT THE ATTENDING PHYSICIAN OFFERING THE QUALIFIED
INDIVIDUAL AN OPPORTUNITY TO RESCIND THE REQUEST.
S 2994-EEE. ATTENDING PHYSICIAN RESPONSIBILITIES. THE ATTENDING PHYSI-
CIAN SHALL:
1. MAKE THE INITIAL DETERMINATION OF WHETHER AN ADULT MAKING A REQUEST
UNDER THIS ARTICLE:
(A) HAS CAPACITY;
(B) HAS A TERMINAL ILLNESS; AND
(C) HAS VOLUNTARILY MADE THE REQUEST FOR AID-IN-DYING MEDICATION
PURSUANT TO THIS ARTICLE;
S. 3685 4
2. ENSURE TO THE GREATEST DEGREE POSSIBLE THAT THE INDIVIDUAL IS
MAKING AN INFORMED DECISION BY DISCUSSING WITH THE INDIVIDUAL:
(A) THE INDIVIDUAL'S MEDICAL DIAGNOSIS AND PROGNOSIS;
(B) THE POTENTIAL RISKS ASSOCIATED WITH TAKING THE AID-IN-DYING MEDI-
CATION TO BE PRESCRIBED;
(C) THE PROBABLE RESULT OF TAKING THE AID-IN-DYING MEDICATION TO BE
PRESCRIBED;
(D) THE POSSIBILITY THAT THEY CAN CHOOSE TO OBTAIN THE MEDICATION, BUT
NOT TAKE IT; AND
(E) THE FEASIBLE ALTERNATIVES OR ADDITIONAL TREATMENT OPPORTUNITIES,
INCLUDING BUT NOT LIMITED TO COMFORT CARE, HOSPICE CARE, AND PAIN
MANAGEMENT;
3. REFER THE INDIVIDUAL TO A CONSULTING PHYSICIAN FOR MEDICAL CONFIR-
MATION OF THE DIAGNOSIS, AND FOR A DETERMINATION THAT THE INDIVIDUAL
POSSESSES CAPACITY AND IS ACTING VOLUNTARILY;
4. REFER THE INDIVIDUAL TO COUNSELING, IF APPROPRIATE, PURSUANT TO
SECTION TWENTY-NINE HUNDRED NINETY-FOUR-HHH OF THIS ARTICLE;
5. ENSURE TO THE GREATEST DEGREE POSSIBLE THAT THE INDIVIDUAL'S
REQUEST DOES NOT ARISE FROM COERCION OR UNDUE INFLUENCE BY ANOTHER
PERSON;
6. COUNSEL THE INDIVIDUAL ABOUT THE IMPORTANCE OF:
(A) HAVING ANOTHER PERSON PRESENT WHEN THEY TAKE THE AID-IN-DYING
MEDICATION PRESCRIBED PURSUANT TO THIS ARTICLE; AND
(B) NOT TAKING THE AID-IN-DYING MEDICATION IN A PUBLIC PLACE;
7. INFORM THE INDIVIDUAL THAT THEY MAY RESCIND THE REQUEST FOR
AID-IN-DYING MEDICATION AT ANY TIME AND IN ANY MANNER;
8. OFFER THE INDIVIDUAL AN OPPORTUNITY TO RESCIND THE REQUEST FOR
MEDICATION BEFORE PRESCRIBING THE AID-IN-DYING MEDICATION;
9. VERIFY, IMMEDIATELY PRIOR TO WRITING THE PRESCRIPTION FOR MEDICA-
TION, THAT THE INDIVIDUAL IS MAKING AN INFORMED DECISION;
10. ENSURE THAT ALL APPROPRIATE STEPS ARE CARRIED OUT IN ACCORDANCE
WITH THIS ARTICLE BEFORE WRITING A PRESCRIPTION FOR AID-IN-DYING MEDICA-
TION; AND
11. PRESCRIBE AID-IN-DYING MEDICATION BY, WITH THE QUALIFIED INDIVID-
UAL'S WRITTEN CONSENT, CONTACTING A PHARMACIST, INFORMING THE PHARMACIST
OF THE PRESCRIPTION, AND FORWARDING THE WRITTEN PRESCRIPTION TO THE
PHARMACIST, WHO SHALL DISPENSE THE MEDICATIONS TO EITHER THE QUALIFIED
INDIVIDUAL OR A PERSON EXPRESSLY DESIGNATED BY THE QUALIFIED INDIVIDUAL.
S 2994-FFF. DEATH CERTIFICATE. 1. UNLESS OTHERWISE PROHIBITED BY LAW,
THE ATTENDING PHYSICIAN MAY SIGN THE QUALIFIED INDIVIDUAL'S DEATH
CERTIFICATE.
2. THE CAUSE OF DEATH LISTED ON A QUALIFIED INDIVIDUAL'S DEATH CERTIF-
ICATE WHO USES AID-IN-DYING MEDICATION WILL BE THE UNDERLYING TERMINAL
ILLNESS.
S 2994-GGG. CONSULTING PHYSICIAN CONFIRMATION. BEFORE A PATIENT IS
QUALIFIED UNDER THE PROVISIONS OF THIS ARTICLE, A CONSULTING PHYSICIAN
SHALL EXAMINE THE PATIENT AND HIS OR HER 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 CAPABLE, IS ACTING VOLUNTARILY AND HAS MADE AN INFORMED DECI-
SION.
S 2994-HHH. COUNSELING REFERRAL. IF IN THE OPINION OF THE ATTENDING
PHYSICIAN OR THE CONSULTING PHYSICIAN AN INDIVIDUAL MAY BE SUFFERING
FROM A PSYCHIATRIC OR PSYCHOLOGICAL DISORDER OR DEPRESSION CAUSING
IMPAIRED JUDGMENT, EITHER PHYSICIAN SHALL REFER THE PATIENT FOR COUN-
SELING. NO AID-IN-DYING MEDICATION SHALL BE PRESCRIBED UNTIL THE PERSON
S. 3685 5
PERFORMING THE COUNSELING DETERMINES THAT THE PATIENT IS NOT SUFFERING
FROM A PSYCHIATRIC OR PSYCHOLOGICAL DISORDER OR DEPRESSION CAUSING
IMPAIRED JUDGMENT.
S 2994-III. INFORMED DECISION REQUIRED. AN INDIVIDUAL MAY NOT RECEIVE
A PRESCRIPTION FOR AID-IN-DYING MEDICATION PURSUANT TO THIS ARTICLE
UNLESS THEY HAVE MADE AN INFORMED DECISION AS DEFINED IN THIS ARTICLE.
S 2994-JJJ. FORM OF REQUEST. 1. A REQUEST FOR AID-IN-DYING MEDICATION
AS AUTHORIZED BY THIS ARTICLE MUST BE IN SUBSTANTIALLY THE FOLLOWING
FORM:
REQUEST FOR MEDICATION TO END MY LIFE
IN A HUMANE AND DIGNIFIED MANNER
I, _________________________________, AM AN ADULT OF SOUND MIND.
I AM SUFFERING FROM ______________________________________________,
WHICH MY ATTENDING PHYSICIAN HAS DETERMINED IS IN ITS TERMINAL PHASE AND
WHICH HAS BEEN MEDICALLY CONFIRMED.
I HAVE BEEN FULLY INFORMED OF MY DIAGNOSIS AND PROGNOSIS, THE NATURE
OF THE AID-IN-DYING MEDICATION TO BE PRESCRIBED AND POTENTIAL ASSOCIATED
RISKS, THE EXPECTED RESULT, AND THE FEASIBLE ALTERNATIVES OR ADDITIONAL
TREATMENT OPPORTUNITIES INCLUDING COMFORT CARE, HOSPICE CARE AND PAIN
MANAGEMENT.
I REQUEST THAT MY ATTENDING PHYSICIAN PRESCRIBE MEDICATION THAT WILL
END MY LIFE IN A HUMANE AND DIGNIFIED MANNER IF I CHOOSE TO TAKE IT, AND
I AUTHORIZE MY ATTENDING PHYSICIAN TO CONTACT ANY PHARMACIST ABOUT MY
REQUEST.
INITIAL ONE:
I HAVE INFORMED MY FAMILY OF MY DECISION AND TAKEN THEIR OPINIONS
INTO CONSIDERATION.
I HAVE DECIDED NOT TO INFORM MY FAMILY OF MY DECISION.
I HAVE NO FAMILY TO INFORM OF MY DECISION.
I UNDERSTAND THAT I HAVE THE RIGHT TO RESCIND THIS REQUEST AT ANY
TIME.
I UNDERSTAND THE FULL IMPORT OF THIS REQUEST, AND I EXPECT TO DIE IF I
TAKE THE AID-IN-DYING MEDICATION TO BE PRESCRIBED. I FURTHER UNDERSTAND
THAT ALTHOUGH MOST DEATHS OCCUR WITHIN THREE HOURS, MY DEATH MAY TAKE
LONGER, AND MY ATTENDING PHYSICIAN HAS COUNSELED ME ABOUT THIS POSSIBIL-
ITY.
I MAKE THIS REQUEST VOLUNTARILY AND WITHOUT RESERVATION, AND I ACCEPT
FULL MORAL RESPONSIBILITY FOR MY ACTIONS.
SIGNED: ___________________
DATED: ___________________
2. PURSUANT TO PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION TWENTY-NINE
HUNDRED NINETY-FOUR-CCC OF THIS ARTICLE, EACH WITNESS MUST COMPLETE
DOCUMENTATION IN SUBSTANTIALLY THE FOLLOWING FORM:
DECLARATION OF WITNESSES
WE DECLARE THAT THE PERSON SIGNING THIS REQUEST:
(A) IS PERSONALLY KNOWN TO US OR HAS PROVIDED PROOF OF IDENTITY;
(B) SIGNED THIS REQUEST IN OUR PRESENCE;
(C) IS AN INDIVIDUAL WHOM WE BELIEVE TO BE OF SOUND MIND AND NOT UNDER
DURESS, FRAUD, OR UNDUE INFLUENCE; AND
(D) IS NOT AN INDIVIDUAL FOR WHOM EITHER OF US IS THE ATTENDING PHYSI-
CIAN.
______________________ WITNESS 1, DATE: _______
S. 3685 6
______________________ WITNESS 2, DATE: _______
NOTE: ONE WITNESS MAY NOT BE A RELATIVE (BY BLOOD, MARRIAGE OR
ADOPTION) OF THE PERSON SIGNING THIS REQUEST, MAY NOT BE ENTITLED TO ANY
PORTION OF THE PERSON'S ESTATE UPON DEATH, AND MAY NOT OWN, OPERATE, OR
BE EMPLOYED AT A HEALTHCARE FACILITY WHERE THE PERSON IS A PATIENT OR
WHERE THE PERSON RESIDES.
S 2994-KKK. STANDARD OF CARE. PHYSICIANS AND MEDICAL PERSONNEL SHALL
PROVIDE MEDICAL SERVICES UNDER THIS ARTICLE THAT MEET THE STANDARD OF
CARE FOR END OF LIFE MEDICAL CARE.
S 2994-LLL. EFFECT ON CONSTRUCTION OF WILLS, CONTRACTS AND STATUTES.
1. A 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 AID-IN-DYING MEDICATION, IS NOT VALID.
2. AN OBLIGATION OWING UNDER ANY CURRENTLY EXISTING CONTRACT MAY NOT
BE CONDITIONED OR AFFECTED BY AN INDIVIDUAL MAKING OR RESCINDING A
REQUEST FOR AID-IN-DYING MEDICATION.
S 2994-MMM. INSURANCE OR ANNUITY POLICIES. 1. THE SALE, PROCUREMENT OR
ISSUANCE OF A LIFE, HEALTH OR ACCIDENT INSURANCE OR ANNUITY POLICY, OR
THE RATE CHARGED FOR A POLICY MAY NOT BE CONDITIONED UPON OR AFFECTED BY
A PERSON MAKING OR RESCINDING A REQUEST FOR AID-IN-DYING MEDICATION.
2. A QUALIFIED INDIVIDUAL'S ACT OF SELF-ADMINISTERING AID-IN-DYING
MEDICATION MAY NOT HAVE AN EFFECT UPON A LIFE, HEALTH, OR ACCIDENT
INSURANCE OR ANNUITY POLICY OTHER THAN THAT OF A NATURAL DEATH FROM THE
UNDERLYING ILLNESS.
S 2994-NNN. IMMUNITIES; PROHIBITIONS ON CERTAIN HEALTHCARE PROVIDERS;
NOTIFICATION; PERMISSIBLE SANCTIONS. 1. A PERSON IS NOT SUBJECT TO CIVIL
OR CRIMINAL LIABILITY OR PROFESSIONAL DISCIPLINARY ACTION FOR PARTIC-
IPATING IN GOOD FAITH COMPLIANCE WITH THIS ARTICLE, INCLUDING AN INDI-
VIDUAL WHO IS PRESENT WHEN A QUALIFIED INDIVIDUAL SELF-ADMINISTERS THE
PRESCRIBED AID-IN-DYING MEDICATION.
2. A HEALTHCARE PROVIDER OR PROFESSIONAL ORGANIZATION OR ASSOCIATION
MAY NOT SUBJECT AN INDIVIDUAL TO CENSURE, DISCIPLINE, SUSPENSION, LOSS
OF LICENSE, LOSS OF PRIVILEGES, LOSS OF MEMBERSHIP OR OTHER PENALTY FOR
PARTICIPATING OR REFUSING TO PARTICIPATE IN GOOD FAITH COMPLIANCE WITH
THIS ARTICLE.
3. A REQUEST BY AN INDIVIDUAL FOR OR PROVISION BY AN ATTENDING PHYSI-
CIAN OF MEDICATION IN GOOD FAITH COMPLIANCE WITH THE PROVISIONS OF THIS
ARTICLE DOES NOT CONSTITUTE NEGLECT OR ELDER ABUSE FOR ANY PURPOSE OF
LAW, OR PROVIDE THE SOLE BASIS FOR THE APPOINTMENT OF A GUARDIAN OR
CONSERVATOR.
4. A HEALTHCARE PROVIDER MAY CHOOSE WHETHER TO PARTICIPATE IN PROVID-
ING AID-IN-DYING MEDICATION TO A QUALIFIED INDIVIDUAL PURSUANT TO THIS
ARTICLE. IF A HEALTHCARE PROVIDER IS UNABLE OR UNWILLING TO CARRY OUT AN
INDIVIDUAL'S REQUEST UNDER THIS ARTICLE AND THE INDIVIDUAL TRANSFERS
CARE TO A NEW HEALTHCARE PROVIDER, THE PRIOR HEALTHCARE PROVIDER SHALL
TRANSFER, UPON REQUEST, A COPY OF THE INDIVIDUAL'S RELEVANT MEDICAL
RECORDS TO THE NEW HEALTHCARE PROVIDER.
5. NOTHING IN THIS SECTION SHALL PREVENT A HEALTHCARE PROVIDER FROM
PROVIDING AN INDIVIDUAL WITH HEALTHCARE SERVICES THAT DO NOT CONSTITUTE
PARTICIPATION IN THIS ARTICLE.
S 2994-OOO. NON-SANCTIONABLE ACTIVITIES. A HEALTHCARE PROVIDER MAY NOT
BE SANCTIONED FOR:
1. MAKING AN INITIAL DETERMINATION THAT AN INDIVIDUAL HAS A TERMINAL
ILLNESS AND INFORMING THEM OF THE MEDICAL PROGNOSIS;
2. PROVIDING INFORMATION ABOUT THE NEW YORK END OF LIFE OPTIONS ACT TO
A PATIENT UPON THE REQUEST OF THE INDIVIDUAL;
S. 3685 7
3. PROVIDING AN INDIVIDUAL, UPON REQUEST, WITH A REFERRAL TO ANOTHER
PHYSICIAN; OR
4. CONTRACTING WITH AN INDIVIDUAL TO ACT OUTSIDE THE COURSE AND SCOPE
OF THE PROVIDER'S CAPACITY AS AN EMPLOYEE OR INDEPENDENT CONTRACTOR OF A
HEALTHCARE PROVIDER THAT PROHIBITS ACTIVITIES UNDER THIS ARTICLE.
S 2994-PPP. PENALTIES. 1. A PERSON WHO WITHOUT AUTHORIZATION OF THE
QUALIFIED INDIVIDUAL WILLFULLY ALTERS OR FORGES A REQUEST FOR MEDICATION
OR CONCEALS OR DESTROYS A RESCISSION OF THAT REQUEST WITH THE INTENT OR
EFFECT OF CAUSING THE QUALIFIED INDIVIDUAL'S DEATH IS GUILTY OF A CLASS
A FELONY.
2. A PERSON WHO COERCES OR EXERTS UNDUE INFLUENCE ON A QUALIFIED INDI-
VIDUAL TO REQUEST MEDICATION TO END THE QUALIFIED INDIVIDUAL'S LIFE, OR
TO DESTROY A RESCISSION OF A REQUEST, IS GUILTY OF A CLASS A FELONY.
3. EXCEPT AS PROVIDED IN SUBDIVISIONS ONE AND TWO OF THIS SECTION, IT
SHALL BE A CLASS A MISDEMEANOR FOR A PERSON WITHOUT AUTHORIZATION OF THE
INDIVIDUAL TO WILLFULLY ALTER, FORGE, CONCEAL OR DESTROY AN INSTRUMENT,
THE REINSTATEMENT OR REVOCATION OF AN INSTRUMENT, OR ANY OTHER EVIDENCE
OR DOCUMENT REFLECTING THE INDIVIDUAL'S DESIRES AND INTERESTS WITH THE
INTENT OR EFFECT OF AFFECTING A HEALTHCARE DECISION.
4. THIS ARTICLE DOES NOT LIMIT FURTHER LIABILITY FOR CIVIL DAMAGES
RESULTING FROM OTHER NEGLIGENT CONDUCT OR INTENTIONAL MISCONDUCT BY ANY
PERSON.
5. THE PENALTIES IN THIS ARTICLE DO NOT PRECLUDE CRIMINAL PENALTIES
APPLICABLE UNDER OTHER PROVISIONS OF LAW FOR CONDUCT THAT IS INCONSIST-
ENT WITH THIS ARTICLE.
S 2994-QQQ. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SECTION
OR PART OF THIS ARTICLE SHALL BE ADJUDGED BY ANY COURT OF COMPETENT
JURISDICTION TO BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR
INVALIDATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERATION
TO THE CLAUSE, SENTENCE, PARAGRAPH, SECTION OR PART THEREOF, DIRECTLY
INVOLVED IN THE CONTROVERSY IN WHICH SUCH JUDGMENT SHALL HAVE BEEN
RENDERED.
S 3. This act shall take effect on the ninetieth day next succeeding
the date upon which it shall have become a law.
