HB 1141 — Increasing access to the death with dignity act.

ENGROSSEDH-0232.1 SUBSTITUTE HOUSE BILL 1141 (Corrected Copy) State of Washington 67th Legislature 2021 Regular Session By House Health Care & Wellness (originally sponsored by Representatives Rude, Macri, Stonier, Tharinger, Ormsby, Frame, Pollet, Goodman, Peterson, Thai, Ramel, J.

Johnson, Bateman, Simmons, Fitzgibbon, and Valdez)Valdez READRead FIRSTfirst TIMEtime 01/22/21.01/12/21.

Referred to Committee on Health Care & Wellness.

1 ESHBHB 1141 (3) "Competent" means that, in the opinion of a court or in the opinion of the patient's attending ((physician)) qualified medical provider or consulting ((physician)) qualified medical provider, psychiatrist, or psychologist, a patient has the ability to make and communicate an informed decision to health care providers, including communication through persons familiar with the patient's manner of communicating if those persons are available.

2 ESHBHB 1141 by a consulting ((physician)) qualified medical provider who has examined the patient and the patient's relevant medical records.

3 ESHBHB 1141 RCW who is qualified by specialty or experience to make a professional diagnosis and prognosis regarding the patient's disease.

4 ESHBHB 1141 (12) "Self-administer" means a qualified patient's act of ingesting medication to end his or her life in a humane and dignified manner.

(c) The attending qualified medical provider and the consulting qualified medical provider selected by the qualified patient may not have a supervisory relationship with each other.

(1) A valid request for medication under this chapter shall be in substantially the form described in RCW 70.245.220, signed and dated by the patient and witnessed by at least two individuals who, in the presence of the patient, attest that to the best of their knowledge p.

5 ESHBHB 1141 (1) A valid request for medication under this chapter shall be in substantially the form described in RCW 70.245.220, signed and dated by the patient and witnessed by at least two individuals who, in the presence of the patient, attest that to the best of their knowledge and belief the patient is competent, acting voluntarily, and is not being coerced to sign the request.

p.(d) Refer the patient to a consulting ((physician)) qualified medical provider for medical confirmation of the diagnosis, and for a determination that the patient is competent and acting voluntarily;

6 ESHB 1141 (d) Refer the patient to a consulting ((physician)) qualified medical provider for medical confirmation of the diagnosis, and for a determination that the patient is competent and acting voluntarily;

(g)p. Counsel the patient about the importance of having another person present when the patient takes the medication prescribed under this chapter and of not taking the medication in a public place;

6 HB 1141 (g) Counsel the patient about the importance of having another person present when the patient takes the medication prescribed under this chapter and of not taking the medication in a public place;

(3) Delivery of the dispensed drug to the qualified patient, the attending qualified medical provider, or another person as requested by the qualified patient may be made by personal delivery, by messenger service, or, with a signature required on delivery, by the United States postal service or a similar private parcel delivery entity.

7 ESHBHB 1141 (3)Sec. Delivery of the dispensed drug to the qualified patient, the attending qualified medical provider, or another person as requested by the qualified patient may only be made:

(a) By personal delivery, messenger service, or the United States postal service or a similar private parcel delivery entity;

and (b) Upon the receipt of the signature of the addressee or an authorized person at the time of delivery by an entity listed in subsection (3)(a) of this section.

Sec.

p.Sec.

8 ESHB 1141 Sec.

Sec.p.

8 HB 1141 Sec.

p.(2) At least forty-eight hours shall elapse between the date the patient signs the written request and the writing of a prescription under this chapter)), unless the conditions in RCW 70.245.090(2) allow for a period of less than 72 hours.

9 ESHB 1141 (2) At least forty-eight hours shall elapse between the date the patient signs the written request and the writing of a prescription under this chapter)), unless the conditions in RCW 70.245.090(2) allow for a period of less than 72 hours.

(1)p. All oral requests by a patient for medication to end his or her life in a humane and dignified manner;

9 HB 1141 (1) All oral requests by a patient for medication to end his or her life in a humane and dignified manner;

All administratively required documentation shall be mailed or otherwise transmitted as allowed by department of health rule to the department no later than thirty calendar days after the writing of a p.prescription and dispensing of medication under this chapter, except that all documents required to be filed with the department by the prescribing ((physician)) qualified medical provider after the death of the patient shall be mailed, faxed, or emailed no later than thirty calendar days after the date of death of the patient.

10 ESHB 1141 prescription and dispensing of medication under this chapter, except that all documents required to be filed with the department by the prescribing ((physician)) qualified medical provider after the death of the patient shall be mailed, faxed, or emailed no later than thirty calendar days after the date of death of the patient.

(2)p. The department of health shall adopt rules to facilitate the collection of information regarding compliance with this chapter.

10 HB 1141 (2) The department of health shall adopt rules to facilitate the collection of information regarding compliance with this chapter.

p.Sec.

11 ESHB 1141 Sec.

(b)p. A professional organization or association, or health care provider, may not subject a person 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 chapter;

11 HB 1141 (b) A professional organization or association, or health care provider, may not subject a person 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 chapter;

A health care provider may not, by contract or other form of agreement, prohibit another health care provider from participating under chapter 1, Laws of 2009 while acting outside the course and scope of the provider's capacity as an employee or independent contractor of the prohibiting health care provider and while at a location that is not on the prohibiting health care provider's premisespremises. and not on property that is owned by, leased by, or under p.

12 ESHB 1141 the direct control of the prohibiting health care provider.

(((i))) (A) Loss of privileges, loss of membership, or other sanctions provided under the medical staff bylaws, policies, and proceduresp. of the sanctioning health care provider if the sanctioned provider is a member of the sanctioning provider's medical staff and participates in chapter 1, Laws of 2009 while on the health care facility premises of the sanctioning health care provider, but not including the private medical office of a physician or other provider;

12 HB 1141 procedures of the sanctioning health care provider if the sanctioned provider is a member of the sanctioning provider's medical staff and participates in chapter 1, Laws of 2009 while on the health care facility premises of the sanctioning health care provider, but not including the private medical office of a physician or other provider;

(A) A health care provider from participating in chapter 1, Laws of 2009 while acting outside the course and scope of the provider's capacity as an employee or independent contractor and while at a location that is not on the sanctioning health care provider's facility premisespremises; and is not on property that is owned by, leased by, or under the direct control of the sanctioning health care provider;