HB 1281 — Increasing access to the provisions of the Washington death with dignity act.

H-1039.1H-0372.1 SUBSTITUTE HOUSE BILL 1281 State of Washington 68th Legislature 2023 Regular Session By House Health Care & Wellness (originally sponsored by Representatives Rude, Peterson, Harris, Macri, Riccelli, Stonier, Fitzgibbon, Senn, Simmons, Tharinger, Kloba, Reeves, Reed, Walen, Gregerson, Ormsby, Bateman, Doglio, Alvarado, Ramel, Santos, and Pollet)Pollet READRead FIRSTfirst TIMEtime 02/07/23.01/12/23.

Referred to Committee on Health Care & Wellness.

and adding new sectionsections to chapter 70.245 RCW;RCW.

and adding a new section to chapter 70.127 RCW.

(3) "Competent" means that, in the opinion of a court or in the opinion of the patient's attending ((physician or)) qualified medical provider, consulting ((physician)) qualified medical provider, psychiatrist, or psychologist, a patient has the ability to make and p.

1 SHBHB 1281 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 SHBHB 1281 (((9))) (10) "Patient" means a person who is under the care of ((a physician.

3 SHBHB 1281 (1) An adult patient who is competent, is a resident of Washington state, and has been determined by the attending ((physician and consulting physician)) qualified medical provider to be suffering from a terminal disease, and who has voluntarily expressed his or her wish to die, may make a written request for medication that the patient may self-administer to end ((his or her)) the patient's life in a humane and dignified manner in accordance with this chapter.

4 SHBHB 1281 (b) Request that the patient demonstrate Washington state residency under RCW 70.245.130;

5 SHBHB 1281 (ii) ((With the patient's written consent:)) (A) Contact a pharmacist and inform the pharmacist of the prescription;

6 SHBHB 1281 performing the counseling determines that the patient is not suffering from a psychiatric or psychological disorder or depression causing impaired judgment.

7 SHBHB 1281 (3) A transfer of care or medical records does not restart any waiting period under this section.

8 SHBHB 1281 (7) A note by the attending ((physician)) qualified medical provider indicating that all requirements under this chapter have been met and indicating the steps taken to carry out the request, including a notation of the medication prescribed.

9 SHBHB 1281 accordance with this chapter do not, for any purpose, constitute suicide, assisted suicide, mercy killing, or homicide, under the law.

10 SHBHB 1281 of the patient's relevant medical records to the new health care provider.

11 SHBHB 1281 (iii) Termination of a contract or other nonmonetary remedies provided by contract if the sanctioned provider participates in chapter 1, Laws of 2009 while acting in the course and scope of the sanctioned provider's capacity as an employee or independent contractor of the sanctioning health care provider.

12 SHBHB 1281 (B) Providing information about the Washington death with dignity act to a patient upon the request of the patient;

13 SHBHB 1281 life in a humane and dignified manner and to contact any pharmacist to fill the prescription.

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15 SHBHB 1281 (5) ((By September 1, 2019, the)) (a) The department shall, in consultation with stakeholders including a hospital association and patient advocacy groups, develop ((a)) two simple and clear forms to be submitted by hospitals along with the policies required in subsection (1) of this section.

Hospitals shall submit the completed form to the department within 60 days of the form being provided.

A new section is added to chapter 70.12770.245 RCW to read as follows:

(1) Every agency or facility providing hospice services as defined in RCW 70.127.01070.126.010 shall submit to the department of social and health services and department of health its policies related to access to care regarding end-of-life care and this chapterchapter. to the department.

(a) A section for the public with specific information about which end-of-life services are and are not generally available at each agencyhospice; or facility;

and (b) the contact information for the agencyhospice or facility in case patients have specific questions about services available.available at the hospice.

(2) If ana agency or facility providing hospice services makes changes to any of the policies listed under subsection (1) of this section, it shall submit a copy of the changed policy to the department of social and health services and the department of health within 30 days after the agencyhospice or facility approves the changes.

(3) A copy of the policies provided to the department of social and health services under subsection (1) of this section must be posted to:

(a) The agency'shospice's or facility's website in a location where the policies are readily accessible to the public without a required login or other restriction;

and (b) the department of social and health services website.

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