Struck = only in HB 5764 ·
added = only in HB 501.
*LRB10421615BDA37082b*HOUSE HB5764BILL 104TH501 GENERAL56TH ASSEMBLYLEGISLATURE State-STATEOFNEWMEXICO- ofFIRST IllinoisSESSION, and2023 2026INTRODUCED HB5764BY IntroducedDayan 5/6/2026,Hochman-Vigil by6 Rep.8 10 AN ACT RELATING TO HEALTH CARE;
WilliamAMENDING ETHE HauterEND-OF-LIFE SYNOPSISOPTIONS ASACT INTRODUCED:TO CLARIFY THAT HEALTH CARE PROVIDERS ARE ABLE TO REFUSE TO PARTICIPATE IN MEDICAL AID IN DYING FOR REASONS OF CONSCIENCE;
ILCSDECLARING 22/70AN ILCSEMERGENCY. 22/90 rep.
Amends16 theBE End-of-LifeIT OptionsENACTED forBY TerminallyTHE IllLEGISLATURE PatientsOF Act.THE STATE OF NEW MEXICO:
Deletese provisionst requiring17 aSECTION health1. care professional or health care entity unable or unwilling to carry out aid in dying to refer the individual to another health care professional or health care entity.
RepealsSection provisions24-7C-1 concerningNMSA the1978 signing(being ofLaws a2021, deathw certificatel andn thed contents18 ofChapter a132, deathSection certificate1) foris aamended deathto underread: the Act.
Effective= September= 12,19 2026.a l "24-7C-1.
LRB104SHORT 21615TITLE.--[Sections BDA1 37082through b8 Aof BILLthis FORi HB5764a LRB104e 21615r BDA20 37082act] bChapter AN24, ACTArticle concerning7C health.NMSA 1978 may be cited as the "End- 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.
BeSection it24-7C-7 enactedNMSA by1978 the(being PeopleLaws of2021, thee Statea ofn Illinois,b represented24 inChapter the132, GeneralSection Assembly:7) is amended to read:
Sectionu 5.[ "24-7C-7.
TheIMMUNITIES--CONSCIENCE-BASED End-of-LifeDECISIONS.-- Options.225340.1 forA. Terminally Ill Patients Act is amended by changing Section 70 as follows:
(410A ILCSperson 22/70)shall (Thisnot Sectionbe maysubject containto textcriminal fromliability, alicensing Publicsanctions Actor withother aprofessional delayeddisciplinary effectiveaction date)for: Sec.
70.(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;
Immunities[or] for(2) actionsbeing present when a qualified patient self-administers the prescribed medical aid in gooddying faith;medication to end the qualified individual's life in accordance with the provisions of the End-of-Life Options Act;
prohibitionor against(3) reprisals.refusing, for reasons of conscience, to participate in medical aid in dying in any way, which includes refusing to provide information on medical aid in dying to a patient and refusing to refer a patient to any entity or individual who is able and willing to assist the patient in obtaining medical aid in dying.
(a)e Exceptt as17 setB. forth in Section 65, a health care professional or health care entity shall not be subject to civil or criminal liability, licensing sanctions, or other professional disciplinary action for actions taken in good faith compliance with this Act.
(b)A Ifhealth acare entity, [professional organization w l n d 18 or association] health insurer, managed care professionalorganization or = = 19 a l health care entityprovider isshall unablenot orsubject unwillinga person to carrycensure, outi ana individual'se requestr 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 dying,c e s k 23 dying in good faith compliance with the professionalprovisions orof entitythe shall,End- ate a minimum:n b 24 of-Life Options Act.
(1)u inform[ theC. individual of the professional's or entity's inability or unwillingness;
(2)No (blank);health care provider who objects for reasons .225340.1 - 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 a health care provider is unable or unwilling to carry out an individual's request pursuant to the End-of-Life Options Act, that health care provider shall so inform the individual and refer the individual either to a health care professionalprovider who is able and willing to evaluatecarry andout qualify the individualindividual's request or to another HB5764 - 2 - LRB104 21615 BDA 37082 b individual or entity to assist the requesting individual in seeking medical aid in dying,dying. in accordance with the Health Care Right of Conscience Act;
andIf (3)the note,health incare theprovider medicaltransfers record, the individual's datecare ofto requesta andnew health care professional'sprovider, notice to the individualprior of the health care professional'sprovider unwillingnessshall ortransfer, inabilityupon torequest, carrya outcopy of the individual's request.relevant medical records to the new health care provider.
(c)D. Except as set forth in Section 65, a health care entity or licensing board shall not subject a health care professional to censure, discipline, suspension, loss of license, loss of privileges, loss of membership, or other penalty for engaging in good faith compliance with this Act.
(d)A Excepthealth ascare setentity forthshall innot Sectionforbid 65,or otherwise sanction a health care professional,provider healthwho careprovides entity,medical ore licensingt board17 shallaid notin subjectdying ain healthaccordance carewith professionalthe toEnd-of-Life discharge,Options demotion,Act censure,off discipline,w suspension,l lossn ofd license,18 lossthe premises of privileges,the losshealth ofcare membership,entity discrimination, or anywhen otherthe penaltyhealth forcare providing= aid-in-dying= care19 ina accordancel withprovider is not acting within the standardnormal course and scope of i a e r 20 the health care andprovider's inemployment goodwith faiththe underhealth thiscare Acta when:t m m 21 entity.
(1)d engagedr ine the22 outsideE. practice of medicine and off of the objecting health care entity's premises;
orA (2)health providingcare scientificentity andmay accuratesanction informationa abouthealth aid-in-dyingcare 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 athe patienthealth whencare discussing.225340.1 end-of-life- 3 - provider of the prohibiting entity's written policy forbidding participation in medical aid in dying and the health care options.provider participates in medical aid in dying:
(e)(1) Aon physician is not subject to civil or criminal liability or professional discipline if, at the requestpremises of the HB5764health -care 3entity; - LRB104 21615 BDA 37082 b qualified patient, the physician is present outside the scope of the physician's employment contract and off the entity's premises, when the qualified patient self-administers medication pursuant to this Act, or at the time of death.
(f)or A(2) physicianwithin whothe iscourse presentand atscope self-administrationof may,the withouthealth civilcare orprovider's criminalemployment liability,for assist the qualifiedhealth patientcare byentity. preparing the medication prescribed pursuant to this Act.
(g)F. A request by a patient for aid in dying does not alone constitute grounds for neglect or elder abuse for any purpose of law, nor shall it be the sole basis for appointment of a guardian.
(h)Nothing Thisin Sectionthis doessection notshall limitbe civilconstrued liabilityto forprevent: intentional misconduct.
(Source:(1) a health care provider from 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;
P.A.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.
104-441,i eff.a e r 20 G.
9-12-26.)A (410health ILCScare 22/90entity rep.)that Sectionimposes 10.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.
Theu End-of-Life[ OptionsH. for Terminally Ill Patients Act is amended by repealing Section 90.
SectionParticipating, 99.or not participating, in medical .225340.1 - 4 - aid in dying shall not be the basis for a report of unprofessional conduct.
EffectiveI. date.
ThisA Acthealth takescare effectentity Septemberthat 12,prohibits 2026.medical aid in dying shall accurately and clearly articulate this in an appropriate location on any website maintained by the entity and in any appropriate materials given to patients to whom the health care entity provides health care in words to be determined by the health care entity." SECTION 3.
EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.
- 5 - 13 15 e t 17 w 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 [ .225340.1