Home California Aid-in-Dying Legislation Passes out of the Senate in 23-14 Vote

Aid-in-Dying Legislation Passes out of the Senate in 23-14 Vote

by ECT

(SACRAMENTO, CA) – Today, the End of Life Option Act, authored by Senators Monning (D-Carmel) and Wolk (D-Davis), passed off the Senate Floor with a vote of 23-14.  Senate Bill (SB) 128 will allow a mentally competent adult in the final stages of life due to a terminal disease to request aid-in-dying medication from a physician.

“The passage of the Aid-in-Dying bill out of the Senate is a historic step forward and I am gratified that my colleagues support providing an option for terminally ill patients who are faced with difficult end of life decisions,” said Senator Monning.  “Californians with terminal diseases should have the autonomy to approach death on their own terms and I look forward to continuing this policy discussion in the Assembly.”

The End of Life Option Act will establish criteria for a patient who has been diagnosed with a terminal illness that must be met prior to being prescribed medication.  SB 128 is modeled on current Oregon law and on statute in other states where the aid-in-dying option is currently provided.  The bill includes the following provisions:

  • Only adults with terminal diseases who are residents of California may request and obtain prescriptions from their physician for medication that the patient has the capability to self-administer.
  • Two separate physicians are required to confirm the patient’s prognosis of six months or less to live and that the patient has the mental capacity to make their own health care decisions.
  • Two oral requests are required to be made by a patient with a terminal disease to a physician, a minimum of 15 days apart, in addition to one written request, with two witnesses attesting to the request before the prescription is written.
  • Patients maintain the right to rescind their request for the medication at any time.  Only the patient may administer the medication.
  • Safeguards against any coercion of patients with felony penalties for coercing or forging a request.
  • The attending physician is required to discuss feasible alternatives or additional treatment alternatives with the patient, including, but not limited to, comfort care, hospice care, palliative care, and pain management.
  • Healthcare providers are protected from civil or criminal liability, and from professional disciplinary action, if they fulfill a terminal, mentally-competent individual’s request.
  • Participation by patients and healthcare providers is voluntary.
  • No insurance policy may be conditioned upon or affected by a person choosing to request aid-in-dying medication.

SB 128 is now in the Assembly where it is waiting to be referred to a policy committee.

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