The Act is a California law that permits terminally ill adult patients with capacity to make medical decisions to be prescribed an aid-in-dying medication if certain conditions are met. Signed into law by Governor Brown in October 2015, the law went into effect on June 9, 2016. California is the fifth state to enact an aid-in-dying law. Read the full bill language here.
The request must be made solely and directly by the patient to the attending physician, and cannot be made on behalf of the patient through a power of attorney, an advance health care directive, a conservator, health care agent, surrogate, or any other legally recognized health care decision maker.
The Act is a California law that permits terminally ill adult patients with capacity to make medical decisions to be prescribed an aid-in-dying medication if certain conditions are met. Signed into law by Governor Brown in October 2015, the law went into effect on June 9, 2016. California is the fifth state to enact an aid-in-dying law. Read the full bill language here.
The request must be made solely and directly by the patient to the attending physician, and cannot be made on behalf of the patient through a power of attorney, an advance health care directive, a conservator, health care agent, surrogate, or any other legally recognized health care decision maker.
Participation in the End of Life Option Act is voluntary for individual patients health providers (physicians, nurses, pharmacists, etc.) as well as health systems, HMOs, hospitals, medical offices, nursing homes, pharmacies and hospices. Insurance providers are not required to cover aid-in-dying drugs or related physician fees. Check with your health insurance company about their rules regarding costs associated with aid-in-dying drugs or related physician fees.
If the patient’s provider or the organization where the patient receives care is not participating in the End of Life Option Act, the patient may request basic information or ask for a referral.
Some providers may not be comfortable giving patients information about the Act or even providing a referral. In this case, patients may wish to consult with advocacy organizations or others who provide information about the End of Life Option Act and to find participating providers.
If a terminally-ill patient meets the requirements to receive the aid-in-dying drug, the patient and his or her attending physician must follow several steps which are carefully defined in the law, including:
The patient must make two oral requests, at least 15 days apart, directly to his or her physician (the attending physician)
The patient must also make one request in writing, using the Patient’s Request for Aid-in-Dying Drug form (PDF), which must be signed by the patient and two witnesses, and provided directly to his or her attending physician. The law does not say specifically when the written request must be made.
The patient must discuss the aid-in-dying drug request with his/her attending physician without anyone else present (except an interpreter, if needed), to make sure the request is voluntary.
The patient must then see a second physician (a consulting physician) who can confirm the patient’s diagnosis, prognosis, and ability to make medical decisions.
If either physician thinks the patient’s ability to make medical decisions could be impaired, the patient must also see a mental health specialist (psychiatrist or licensed psychologist) to make sure his or her judgment is not impaired.
If the patient still wishes to proceed and the attending physician agrees, the attending physician may provide the aid-in-dying drug by either dispensing it directly to the patient or by delivering the prescription to a participating pharmacist. By law, the physician cannot hand a written prescription directly to the patient or their representative.
Before taking the drug, the patient must sign a Final Attestation for Aid-in-Dying Drug form (PDF) which confirms they are taking the drug voluntarily, are under no obligation to take the drug, and may rescind the request at any time. The completed form is to be returned to the attending physician to be placed in the patient’s medical records.
Before taking the drug, the patient must sign a Final Attestation for Aid-in-Dying Drug form (PDF) which confirms they are taking the drug voluntarily, are under no obligation to take the drug, and may rescind the request at any time. The completed form is to be returned to the attending physician to be placed in the patient’s medical records.
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