Arizona

House Bill No. 2572 (2007)

Note: This assisted suicide bill includes a protection of conscience provision, which is reproduced below. An objecting health care provider is required only to transfer the care of the patient upon request.

State of Arizona
House of Representatives
Forty-eigth Legislature
First Regular Session 2007

Introduced by Representatives Lopez, Bradley, Cajero Bedford, Sinema: Alvarez, Campbell CL, DeSimone, Garcia M, Miranda B

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 36, Arizona Revised Statutes, is amended by adding chapter 38, to read:

CHAPTER 38
AID IN DYING

[Begins with 36-3801] . . .

36-3816. Immunities

Except as provided in section 36-3817:

1. A person is not subject to civil or criminal liability or professional disciplinary action for participating in good faith compliance with this article. This includes being present when a qualified patient takes the prescribed medication to end the patient's life in a humane and dignified manner.

2. This article does not authorize any person to assist in the administration of medication unless that person is designated by a qualified patient to administer or dispense the medication because of the qualified patient's physical disability.

3. A professional organization or association or health care provider shall not subject a person to censure, discipline, suspension, loss of privileges, loss of membership or any other penalty for participating or refusing to participate in good faith compliance with this article.

4. A request by a patient for or provision by an attending physician of medication in good faith compliance with this article does not constitute neglect for any purpose of law or provide the sole basis for the appointment of a guardian or conservator.

5. A health care provider is not under any duty, whether by contract, by statute or by any other legal requirement, to participate in the provision to a qualified patient of medication to end the patient's life in a humane and dignified manner. If a health care provider is unable or unwilling to carry out a patient's request under this article, the health care provider must promptly transfer the responsibility to another provider who is willing to act in accordance with the qualified patient's wishes. The health care provider must transfer, on request, a copy of the patient's relevant medical records to the new health care provider.

6. A health care facility that refuses to allow aid in dying to be prescribed or administered on its premises shall not deny staff privileges or employment to a person for the sole reason that the person previously participated in aid in dying.

7. A licensed pharmacist who dispenses lethal medicine based on a valid prescription by a physician aiding a patient to die under this article is not subject to civil, criminal or administrative liability for doing so.