SB 471 — REFUSAL OF END-OF-LIFE OPTIONS ACT

SENATE BILL 471 56TH LEGISLATURE -STATEOFNEWMEXICO- FIRST SESSION, 2023 INTRODUCED BY Joseph Cervantes and Elizabeth "Liz" Stefanics 6 8 10 AN ACT RELATING TO HEALTH CARE;

167 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

e t 17 SECTION 1.

Section 24-7C-1 NMSA 1978 (being Laws 2021, w l n d 18 Chapter 132, Section 1) is amended to read:

= = 19 a l "24-7C-1.

SHORT TITLE.--[SectionsTITLE.--Chapter 1 through 8 of this i a e r 20 act] Chapter 24, Article 7C NMSA 1978 may be cited as the "End-"End-of-Life a t m m 21 of-Life Options Act" or the "Elizabeth Whitefield End-of-Life d r e 22 Options Act"." c e s k 23 SECTION 2.

Section 24-7C-7 NMSA 1978 (being Laws 2021, e a n b 24 Chapter 132, Section 7) is amended to read:

u [ "24-7C-7.

IMMUNITIES--CONSCIENCE-BASED DECISIONS.-- .225026.2 A.

(1) participating [or refusing to participate] in medical aid in dying in good faith compliance with the provisions of the End-of-Life Options Act;

[or] (2) being present when a qualified patient self-administers the prescribed medical aid in dying medication to end the qualified individual's life in SB 471 accordance with the provisions of the End-of-Life Options Page 1 Act;

e t 17 B.

A health care entity, [professional organization w l n d 18 or association] health insurer, managed care organization or = = 19 a l health care provider shall not subject a person to censure, i a e r 20 discipline, suspension, loss or denial of license, credential, a t m m 21 privileges or membership or other penalty for participating, or d r e 22 refusing to participate, in the provision of medical aid in c e s k 23 dying in good faith compliance with the provisions of the End-End-of-Life e a n b 24 of-Life Options Act.

u [ C.

No health care provider who objects for reasons .225026.2 - 2 - of conscience to participating in the provision of medical aid in dying shall be required to participate in the provision of medical aid in dying under any circumstance.

If the health SB 471 Page 2 care provider transfers the individual's care to a new health care provider, the prior health care provider shall transfer, upon request, a copy of the individual's relevant medical records to the new health care provider.

A health care entity shall not forbid or otherwise sanction a health care provider who provides medical e t 17 aid in dying in accordance with the End-of-Life Options Act off w l n d 18 the premises of the health care entity or when the health care = = 19 a l provider is not acting within the normal course and scope of i a e r 20 the health care provider's employment with the health care a t m m 21 entity.

d r e 22 E.

A health care entity may sanction a health care c e s k 23 provider for participating in medical aid in dying on the e a n b 24 premises of the prohibiting health care entity only if the u [ health care entity has given written notice to the health care .225026.2 - 3 - provider of the prohibiting entity's written policy forbidding participation in medical aid in dying and the health care provider participates in medical aid in dying:

(1) a health care provider from SB 471 Page 3 participating in medical aid in dying while the health care provider is acting outside the health care entity's premises or outside the course and scope of the health care provider's capacity as an employee;

or (2) an individual who seeks medical aid in dying from contracting with the individual's prescribing health e t 17 care provider or consulting health care provider to act outside w l n d 18 the course and scope of the provider's affiliation with the = = 19 a l sanctioning health care entity.

i a e r 20 G.

A health care entity that imposes sanctions on a a t m m 21 health care provider pursuant to the End-of-Life Options Act d r e 22 shall act reasonably, both substantively and procedurally, and c e s k 23 shall be neither arbitrary nor capricious in its imposition of e a n b 24 sanctions.

u [ H.

Participating, or not participating, in medical .225026.2 - 4 - aid in dying shall not be the basis for a report of unprofessional conduct.

EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect SB 471 Page 4 immediately.

-SB 5471 -Page 135 153 e5 t7 179 w25 l n d 18 = = 19 a l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .225026.2