California
Assembly Bill 374 (2007)
California Compassionate Choices Act
Introduction:
Original
This bill would establish a process for issuing prescriptions for lethal
medication to competent California residents who are at least 18 years of
age and who are suffering from terminal illness likely to result in
death within six months. At least two physicians must be involved, as
well as a psychiatrist or psychologist in some cases.
The protection of
conscience provisions are reproduced below
- protect health care workers who participate in the process from
criminal and civil liability and professional disciplinary action;
- do not protect objectors who refuse to participate in the
process from civil or criminal liability;
- permit health care workers and institutions to refuse to
participate in the process, though they are required to transfer the
care of the patient upon request;
- are silent on the subject of referral;
- allow acute care hospitals to prohibit staff from carrying out a
patient's request on their premises;
- does not allow other institutions (nursing homes,
hospices, etc.) from prohibiting staff from carrying out a patient's
request on their premises.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1.
Chapter 3.95 (commencing with Section 7195) is added to Part 1 of
Division 7 of the Health and Safety Code, to read:
CHAPTER 3.95. CALIFORNIA COMPASSIONATE CHOICES ACT
Article 3. Immunities and Liabilities
198. Except as provided in Section 7198.5:
(a) Notwithstanding any other provision of law, no
person shall be subject to civil or criminal liability or professional
disciplinary action for participating in good faith compliance with this
chapter. This includes being present when a qualified patient takes the
prescribed medication to end his or her life in a humane and dignified
manner.
(b)
No professional organization or association, or heath care provider, may
subject a person to censure, discipline, suspension, loss of license, loss
of privileges, loss of membership, or other penalty for participating or
refusing to participate in good faith compliance with this chapter.
(c) No request by a patient for or provision by an
attending physician of medication in good faith compliance with this chapter
shall constitute neglect for any purpose of law or provide the sole basis
for the appointment of a guardian or conservator.
(d)
No health care provider shall be 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. If a health care provider is unable or
unwilling to carry out a patient's request under this chapter, and the
patient transfers his or her care to a new health care provider, the prior
health care provider shall transfer, upon request, a copy of the patient's
relevant medical records to the new health care provider.
(e)
Notwithstanding any other provision of law, a general acute care hospital,
as defined in subdivision (a) of Section 1250, may prohibit a licensed
physician from carrying out a patient's request under this chapter on the
premises of the hospital if the hospital has notified the licensed physician
of its policy regarding this chapter.