SB 153 — ELIZABETH WHITEFIELD END OF LIFE OPTIONS ACT
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 2019 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
410 added · 312 removedPlain-language change summary
The updated version of SB 153 includes the official title "Elizabeth Whitefield End of Life Options Act," which recognizes the legislation's importance. Additionally, the definition of "terminal illness" has been clarified to specify that it must result in death within six months, rather than the more vague term "foreseeable future." The removal of the term "telemedicine" suggests a shift away from remote consultation in this specific context. These changes are significant as they provide clearer definitions and emphasize the intent behind the law, which aims to regulate medical aid in dying more precisely.
SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR SENATE BILL 153 54 TH LEGISLATURE- STATE OF NEW MEXICO - FIRST SESSIO, 2019 INTRODUCED4 BY6 Elizabeth8 "Liz”10 StefanicsAN andACT DeborahRELATING A.TO HEALTH CARE;
Armstrong 6 8 10 AN ACT RELATING TO HEALTH CARE;
[NEW MATERIAL ] SHORT TITLE.--Sections 1 a t m m 21 through 911 of this act may be cited as the "Elizabeth Whitefield d r e 22 Whitefield End of Life Options Act".
"adult" means a resident of the state who is .212102.1.214077.2 SPAC/SB 153 eighteen years of age or older;
t e a t (2) an osteopathic physician licensed pursuant m m 21 e d r e 22 to the Osteopathic Medicine Act;
r e 22 c e r c 23 (3) a nurse licensed in advanced practice e a n b 24 pursuant to the Nursing Practice Act;
or u [ (4) a physician assistant licensed pursuant to .212102.1.214077.2 - 2 - SPAC/SB 153 the Physician Assistant Act or the Osteopathic Medicine Act;
and = = l ] 19 J.
"telemedicine""terminal illness" means thea remotedisease consultation,or condition a l r i 20 diagnosisthat oris treatmentincurable ofand patientsirreversible byand meansthat, ofin accordance with t e a t telecommunicationsreasonable technology;medical judgment, will result in death within six m m 21 e d months.
andr me m22 21c e d r ec 2223 K.SECTION 3.
"terminal[NEW illness"MATERIAL means] aMEDICAL diseaseAID orIN conditionDYING-- c e ra cn 23b that24 isPRESCRIBING incurableHEALTH andCARE irreversiblePROVIDER andDETERMINATION--FORM.--A that,u in[ accordanceprescribing withhealth ecare provider shall not provide a n.214077.2 b- 243 reasonable- medicalSPAC/SB judgment,153 willprescription resultfor medical aid in deathdying withinmedication to an individual until the uprescribing [health foreseeablecare future.provider has:
.212102.1 - 3 - SECTION 3.
[NEW MATERIAL ] MEDICAL AID IN DYING-- PRESCRIBING HEALTH CARE PROVIDER DETERMINATION--FORM.--A prescribing health care provider shall not provide a prescription for medical aid in dying medication to an individual until the prescribing health care provider has:
e e 17 (1) individual's medical diagnosis and e e n d 18 prognosis;
= = l ] 19 (2) potential risks associated with self- ae le r17 i 20 administering the medical aid in dying medication that the te e an td 18 individual has requested the health care provider to prescribe;
m= m= 21l e] d19 r e 22 (3) probable result of self-administering the ca el r ci 2320 medical aid in dying medication to be prescribed;
t e a nt b 24 (4) individual's option of choosing to obtain um [m 21 e d the medical aid in dying medication and then deciding not to .212102.1r -e 422 -c e r c 23 use it;
and e a n b 24 (5) feasible alternative, concurrent or u [ additional treatment opportunities, including hospice care and .214077.2 - 4 - SPAC/SB 153 palliative care focused on relieving symptoms and reducing suffering;
afterconfirmed in the requirementshealth setrecord forththat inat Subsectionsleast Aone throughphysician Eor ofosteopathic thisphysician sectionlicensed havepursuant beento fulfilled,the providedMedical substantiallyPractice Act or the followingOsteopathic formMedicine toAct, thewho individualhas knowledge and entersexperience treating the formunderlying intocondition rendering the individual'squalified healthindividual recordterminally afterill, has determined that the formindividual has beencapacity, completeda withterminal allillness ofand the requiredability signaturesto andself-administer ethe emedical 17aid initials:in dying medication.
eThat ephysician nmay dbe 18the "REQUESTprescribing FORhealth MEDICATIONcare TOe ENDe MY17 LIFEprovider INpursuant Ato PEACEFULthis =section, =the lindividual's ]hospice 19e MANNERe an ld r18 ihealth 20care I,provider ______________________________________________,or amanother anphysician twho emeets athe t= adult= l ] 19 requirements of soundthis mind.subsection;
m m 21 e d r e 22 I am suffering from a terminall illness, which is a disease c e r ci 2320 orG. condition that is incurable and irreversible and that, e a n b 24 according to reasonable medical judgment, will result in death u [ within the foreseeable future.
_____after (Patientthe Initials)requirements .212102.1set -forth 5in -Subsections It havee beena fullyt informedA through F of mythis diagnosissection andhave prognosis,been thefulfilled, natureprovided ofm them medical21 aide ind dyingsubstantially medicationthe following form to bethe prescribedindividual and theenters potentialr associatede risks,22 thec expectede resultr andc 23 the feasibleform alternative,into concurrentthe orindividual's additionalhealth treatmentrecord opportunities,after includingthe hospiceform carehas ande palliativea caren focusedb on24 relievingbeen symptomscompleted with all of the required signatures and reducingu suffering.[ initials:
_____.214077.2 (Patient- Initials)5 I- requestSPAC/SB that153 my"REQUEST healthFOR careMEDICATION providerTO prescribeEND medicationMY thatLIFE willIN endA myPEACEFUL lifeMANNER inI, a______________________________________________, peacefulam manneran ifadult Iof choosesound tomind. take it, and I authorize my health care provider to contact a willing pharmacist about this request.
_____I (Patientam Initials)suffering Ifrom understanda terminal illness, which is a disease or condition that Iis haveincurable theand rightirreversible and that, according to rescindreasonable thismedical requestjudgment, atwill anyresult time.in death within six months.
_____My (Patienthealth Initials)care Iprovider understandhas thedetermined fullthat import of this request, and I expect to die if I take the medicalillness aidis in dyingits medicationterminal ephase. e 17 prescribed.
_____ (Patient Initials) I furtherhave understandbeen thatfully althoughinformed mostof deathsmy ediagnosis eand nprognosis, dthe 18nature occurof withinthe threemedical hours,aid myin deathdying maymedication taketo longer.be prescribed and the potential associated risks, the expected result and the feasible alternative, concurrent or additional treatment opportunities, including hospice care and palliative care focused on relieving symptoms and reducing suffering.
My_____ (Patient Initials) e e 17 I request that my health care provider prescribe e e n d 18 medication that will end my life in a peaceful manner if I = = l ] 19 choose to take it, and I authorize my health care provider hasto counseleda mel r i 20 contact a willing pharmacist about this possibility.request.
_____ at le ra it 20 (Patient Initials) tm m 21 e ad tI understand that I makehave the right to rescind this request voluntarilyr ande without22 reservation.c e r c 23 at any time.
m_____ m(Patient 21Initials) e da rn eb 2224 Signed:I understand the full import of this request, and I expect u [ to die if I take the medical aid in dying medication .214077.2 - 6 - SPAC/SB 153 prescribed.
___________________________________________I cfurther eunderstand rthat calthough 23most Date:deaths occur within three hours, my death may take longer.
My health care provider has counseled me about this possibility.
_____ (Patient Initials) I make this request voluntarily and without reservation.
Signed:
___________________________________________ Date:
________________ e a n b 24 DECLARATION OF WITNESSES:
u [ We declare that the person signing this request:
.212102.1 - 6 - A.
e e 17 Witness 1:
e e n d 18 Signature:
__________________ _________________ = = l ] 19 Printed Name:
Show all 119 changed lines (79 more)
__________________ _________________ a l r i 20 Relationship t e a t to Patient:
__________________ _________________ m m 21 e d Date:
r e 22 c e r c 23 NOTE:
No more than one witness shall be a relative by blood, e a n b 24 marriage or adoption of the person signing this request.
No u [ more than one witness shall own, operate or be employed at a e.214077.2 e- 177 - SPAC/SB 153 health care facility where the person signing that request is a e e n d 18 patient or resident.";
and =H. = l ] 19 G.
a l r i 20 (1) enrolled in a medicare-certified hospice t e a t program;
or m m 21 e d r e 22 (2) eligible to receive medical aid in dying c e r c 23 after the prescribing health care provider has referred the e a n b 24 individual to a consulting health care provider and the u [ consulting health care provider has:
.212102.1 - 7 - (a) examined the individual,individual; in person or using telemedicine;
[NEW MATERIAL ] DETERMINING CAPACITY.--If an e e 17 individual has a history of a mental health disorder or an e e n d 18 intellectual disability,disability that could cause impaired judgment with = = l ] 19 regard to end of life medical decision making, or if, in the a l r i 20 opinion of the prescribing health care provider or consulting t e a t health care provider, an individual currently has a mental m m 21 e d health disorder or an intellectual disability causingthat may cause r e 22 c e r c 23 impaired judgment with regard to end of life medical decision e a n b 24 making, the individual shall not be determined to have capacity u [ to make end of life decisions until the:
e.214077.2 e- 178 - SPAC/SB 153 A.
health care provider refers the individual for e e n d 18 evaluation by a mental health professional;
and = = l ] 19 B.
mental health professional determines the a l r i 20 individual to have capacity to make end of life decisions after t e a t evaluating the individual during one or more visits with the m m 21 e d r e 22 individual, in person or through telemedicine.
c e r c 23 SECTION 5.
[NEW MATERIAL ] WAITING PERIOD.--A prescription e a n b 24 for medical aid in dying medication shall:
u [ A.
not be filled until forty-eight hours after the .212102.1 - 8 - prescription for medical aid in dying medication has been written;
mental health professional determines the individual to have capacity to make end of life decisions after evaluating the individual during one or more visits with the individual.
SECTION 5.
[NEW MATERIAL ] WAITING PERIOD.--A prescription for medical aid in dying medication shall:
A.
not be filled until forty-eight hours after the prescription for medical aid in dying medication has been written;
and B.
[NEW MATERIAL ] MEDICAL AID IN DYING--RIGHTDYING-- REQUIREMENT TO KNOW.--ASELF-ADMINISTER.--The healthqualified careindividual providermay shalle informe a17 terminallychoose illeither patientto ofself-administer allany optionsmedication relatedprescribed e e n d 18 pursuant to the patient'sElizabeth careWhitefield thatEnd areof legallyLife availableOptions Act to terminally= ill= patientsl that] meet19 thebring medicalabout standardsa ofpeaceful caredeath foror endto ofnot lifeingest care.such medication.
SECTIONa 7.l r i 20 If the qualified individual chooses to ingest the medication t e a t prescribed pursuant to that act to bring about a peaceful m m 21 e d death, the qualified individual must self-administer that r e 22 c e r c 23 medication.
e a n b 24 SECTION 7.
[NEW MATERIAL ] MEDICAL AID IN DYING--RIGHT TO u [ KNOW.--A health care provider, when asked by the patient, shall .214077.2 - 9 - SPAC/SB 153 inform a terminally ill patient of all reasonable options related to the patient's care that are legally available to terminally ill patients that meet or exceed the medical standards of care for end of life care.
SECTION 8.
e e 17 SECTION 8.
[NEW MATERIAL ] MEDICAL AID IN DYING--EFFECT ON e e n d 18 WILLS--CONTRACTS--LIFE INSURANCE--ANNUITIES.-- = = l ] 19 A.
A provision in a contract, will or other a l r i 20 agreement, whether written or oral, or life insurance contract t e a t of annuity, to the extent the provision would affect whether a m m 21 e d r e 22 person may make or rescind a request for medical aid in dying c e r c 23 medication, is not valid.
e a n b 24 B.
An obligation owing under any currently existing u [ contract shall not be conditioned or affected by an individual .212102.1 - 9 - making or rescinding a request for medical aid in dying.
[NEW MATERIAL ] MEDICAL AID IN DYING--EFFECT ON WILLS--CONTRACTS--LIFE INSURANCE--ANNUITIES.-- A.
A provision in a contract, will or other agreement, whether written or oral, or life insurance contract or annuity, to the extent the provision would affect whether a person may make or rescind a request for medical aid in dying e e 17 medication, is not valid.
e e n d 18 B.
An obligation owing under any currently existing = = l ] 19 contract shall not be conditioned or affected by an individual a l r i 20 making or rescinding a request for medical aid in dying.
t e a t C.
It is unlawful for an insurer to deny or alter m m 21 e d r e 22 health care benefits that would otherwise be available to an c e r c 23 individual with a terminal illness based on the availability of e a n b 24 medical aid in dying, or to otherwise attempt to influence an u [ individual with a terminal illness to make or not make a .214077.2 - 10 - SPAC/SB 153 request for medical aid-in-dying medication.
SECTION 10.
A health care entity, professional organization or association or a health care provider shall not subject a person to censure, discipline, suspension, loss of license, e e 17 loss of privileges, loss of membership or other penalty for e e n d 18 participating, or refusing to participate, in the provision of = = l ] 19 medical aid in dying in good faith compliance with the a l r i 20 provisions of the Elizabeth Whitefield End of Life Options Act.
A patient's request for, or provision by a m m 21 e d r e 22 prescribing health care provider of, medical aid in dying r e 22 c e r c 23 medication in good faith compliance with this section does not e a n b 24 constitute neglect or adult abuse for any purpose of law or u [ provide the basis u [ for the appointment of a guardian or .214077.2 - 11 - SPAC/SB 153 conservator.
.212102.1 - 10 - D.
e e 17 E.
A health care entity shall not forbid or e e 17n d 18 otherwise sanction a health care provider who provides medical e= e= nl d] 1819 aid in dying in accordance with the Elizabeth Whitefield End of =a = l ]r 19i 20 Life Options Act off the premises of the health care entity or at le ra it 20 when the health care provider is not acting within the course tm em a21 te d and scope of the health care provider's employment with the mr me 2122 c e d r ec 2223 health care entity.
c e ra cn 23b 24 F.
A health care entity may prohibitsanction a health care eu a[ n b 24 provider fromfor participating in medical aid in dying on the u.214077.2 [- 12 - SPAC/SB 153 premises of the prohibiting health care entity only if the .212102.1 - 11 - health care entity has given written notice to the health care 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:
or e e 17 (2) an individual who seeks medical aid in e e 17n d 18 dying from contracting with the individual's prescribing health e= e= nl d] 1819 care provider or consulting health care provider to act outside =a = l ]r 19i 20 the course and scope of the provider's affiliation with the at le ra it 20 sanctioning health care entity.
tm em a21 te d H.
A health care entity that imposes sanctions on a mr me 2122 c e d r ec 2223 health care provider pursuant to the Elizabeth Whitefield End c e ra cn 23b 24 of Life Options Act shall act reasonably, both substantively eu a[ n b 24 and procedurally, and shall be neither arbitrary nor capricious u.214077.2 [- 13 - SPAC/SB 153 in its imposition of sanctions.
.212102.1 - 12 - I.
SECTION 10.11.
A[NEW newMATERIAL section] ofPROHIBITED ACTS.--Nothing in the PublicElizabeth HealthWhitefield End of Life Options Act isshall enactedbe construed to read:authorize a physician or any other person to end e e 17 an individual's life by lethal injection, mercy killing or e e n d 18 euthanasia.
"[NEWActions MATERIAL]taken REPORTING--MEDICALin AIDaccordance INwith DYING.--the A.Elizabeth = = l ] 19 Whitefield End of Life Options Act shall not be construed, for a l r i 20 any purpose, to constitute suicide, assisted suicide, t e a t euthanasia, mercy killing, homicide or adult abuse under the m m 21 e d law.
Ar health care provider who prescribes medical e e22 17c aid in dying to a qualified individual in accordance with the e e n d 18 provisions of the Elizabeth Whitefield End of Life Options Act = = l ] 19 shall provide, in accordance with department rules, a report of a l r ic 2023 thatSECTION provider's12. participation.
TheA departmentnew shall adopt and t e a t promulgate rules that establish the time frames and forms for m m 21 e d r e 22 reporting pursuant to this section andof shall limit the cPublic eHealth rAct cis 23 reporting of data relating to qualified individuals who e a n b 24 receivedenacted prescriptions for medical aid in dying medication to uread: [ the following:
.212102.1u -[ 13"[NEW -MATERIAL] (1)REPORTING--MEDICAL theAID qualifiedIN individual'sDYING.-- age.214077.2 at- death;14 - SPAC/SB 153 A.
A health care provider who prescribes medical aid in dying to a qualified individual in accordance with the provisions of the Elizabeth Whitefield End of Life Options Act shall provide, in accordance with department rules, a report of that provider's participation.
The department shall adopt and promulgate rules that establish the time frames and forms for reporting pursuant to this section and shall limit the reporting of data relating to qualified individuals who received prescriptions for medical aid in dying medication to the following:
(1) the qualified individual's age at death;
(3) the qualified individual's sex;gender;
e e 17 (5) the qualified individual's underlying e e n d 18 medical condition;
and = = l ] 19 (6) whether the qualified individual self-ingested administereda l r i 20 the medical aid in dying medication and, if so, the date ofthat self-administration.t e a t this occurred.
m m 21 e d B.
The department shall promulgate an annual r e 22 c e r c 23 statistical report, containing aggregated data, on the e a n b 24 information it collects pursuant to Subsection A of this u [ section on the total number of medical aid in dying medication .214077.2 - 15 - SPAC/SB 153 prescriptions written statewide and on the number of health e e 17 care providers who have issued prescriptions for medical aid in e e n d 18 dying medication during that year.
Data reported pursuant to = = l ] 19 this subsection shall not contain individually identifiable a l r i 20 health information and are exempt from disclosure pursuant to t e a t the Inspection of Public Records Act.
m m 21 e d r e 22 C.
c e r c 23 (1) "health care provider" means an individual e a n b 24 authorized pursuant to the Elizabeth Whitefield End of Life u [ Options Act to prescribe medical aid in dying;
.212102.1 - 14 - (2) "medical aid in dying" means the medical practice wherein a health care provider prescribes medication to a qualified individual who may self-administer that medication to end that individual's life in accordance with the provisions of the Elizabeth Whitefield End of Life Options Act;
and e e 17 (3) "qualified individual" means an individual e e n d 18 who has met the requirements to receive medical aid in dying = = l ] 19 pursuant to the provisions of the Elizabeth Whitefield End of a l r i 20 Life Options Act." t e a t SECTION 11.13.
Section 30-2-4 NMSA 1978 (being Laws 1963, m m 21 e d Chapter 303, Section 2-5) is amended to read:
r e 22 c e r c 23 "30-2-4.
ASSISTING SUICIDE.-- e a n b 24 A.
Assisting suicide consists of deliberately u [ aiding another in the taking of [his ] the person's own life, .214077.2 - 16 - SPAC/SB 153 [Whoever] unless the person aiding another in the taking of the e e 17 person's own life is a person acting in accordance with the e e n d 18 provisions of the Elizabeth Whitefield End of Life Options Act.
= = l ] 19 B.
A person who commits assisting suicide is guilty a l r i 20 of a fourth degree felony." t e a t SECTION 12.14.
SEVERABILITY.--If any part or application of m m 21 e d r e 22 the Elizabeth Whitefield End of Life Options Act is held c e r c 23 invalid, the remainder or its application to other situations e a n b 24 or persons shall not be affected.
u- [17 - 1512 -14 .212102.116 e e 17 e e n d 18 = = l ] 19 a l r i 20 t e a t m m 21 e d r e 22 c e r c 23 e a n b 24 u [ .214077.2
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- Substitute PA substitute Current pdf
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Action History
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action postponed indefinitely
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DO NOT PASS, replaced with committee substitute
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Sent to Senate Public Affairs Committee & Senate Judiciary Committee
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Sent to Senate Pre-file
Sponsors
- Deborah A. Armstrong · Primary
- Elizabeth "Liz" Stefanics · Primary
Sponsorship breakdown
Export CSV (upgrade) →2 sponsors · 0 co-sponsors · 110 not signed on
Sponsors (2)
- Armstrong, Deborah A.
- Elizabeth "Liz" Stefanics Democrat
Co-sponsors (0)
None.
Not signed on (110)
110 members have not signed on to this bill.
Show all 110 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors SB 153?
- SB 153 is sponsored by Armstrong, Deborah A. and Elizabeth "Liz" Stefanics (Democrat).
- What is the current status of SB 153?
- This bill died with 2019 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 153?
- Track SB 153 free on One Click Politics — get push/email alerts when it moves.
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