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Protection of Conscience Project

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Service, not Servitude
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Hawaii

Senate Bill 1995

Check on the status of this bill at the Hawaii State Legislature

Introduction
SB 1995 would legalize assisted suicide and voluntary euthanasia for terminally ill, competent patients. An objecting physician need not participate in the procedure, but must transfer the care of the patient to another physician upon the request of the patient [See section 31 and 51(a)4].

Health care facilities that have policies against assisted suicide and voluntary euthanasia and that have notified staff of the policies may prohibit them from providing the service on their premises, and discipline those who disregard the instruction [See section 51(b)]. This provision offers some protection to institutions opposed to the procedures. However, such institutions may not prevent health care workers on their premises from referring patients elsewhere, or from contracting to provide the procedure elsewhere to patients whom they meet at the institution [See Section 51(b) 3(2)]. [Administrator]


PART III. SAFEGUARDS

§-31 Attending physician responsibilities; alternate physician.

(c) If at any time an attending physician declines or is unable to fulfill any of the responsibilities detailed in subsection (a), particularly paragraph (12) regarding dispensing medication to a patient, the attending physician shall relinquish the responsibilities to an alternate physician who is willing and able to fulfill the responsibilities detailed in subsection (a).

PART IV. IMMUNITIES AND LIABILITIES

§‑51 Immunities; basis for prohibiting health care provider or monitor from participation; notification; permissible sanctions.

(a) Except as provided in section 52:

(1) 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 the qualified patient's life in a humane and dignified manner;

(2) No professional organization or association, or health 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;

(3) No request by a qualified patient for or provision by an attending or alternate 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; and

(4) No health care provider shall be under any duty, whether by contract, statute, or any other legal requirement, to participate in the provision to a qualified patient of medication to end the qualified patient's life in a humane and dignified manner. If a health care provider is unable or unwilling to carry out a qualified patient's request under this chapter, and the qualified patient transfers the qualified patient's care to a new health care provider, the prior health care provider shall transfer, upon request, a copy of the qualified patient's relevant medical records to the new health care provider.(b) Except as provided in section 52:

(1) Notwithstanding any other provision of law, a health care provider may prohibit another health care provider from participating in this chapter on the premises of the prohibiting provider if the prohibiting provider has notified the health care provider of the prohibiting provider's policy regarding participating in this chapter. Nothing in this paragraph shall prevent a health care provider from providing health care services to a qualified patient that does not constitute participation in this chapter;

(2) Notwithstanding subsection (a), a health care provider may subject another health care provider to the sanctions stated in this paragraph if the sanctioning health care provider has notified the sanctioned provider prior to participation in this chapter that it prohibits participation in this chapter:

(A) Loss of privileges, loss of membership, or other sanction provided pursuant to the medical staff bylaws, policies, and procedures of the sanctioning health care provider if the sanctioned provider is a member of the sanctioning provider's medical staff and participates in this chapter while on the health care facility premises of the sanctioning health care provider, but not including the private medical office of a physician or other provider;

(B) Termination of lease or other property contract or other nonmonetary remedies provided by lease contract, not including loss or restriction of medical staff privileges or exclusion from a provider panel, if the sanctioned provider participates in this chapter while on the premises of the sanctioning health care provider or on property that is owned by or under the direct control of the sanctioning health care provider; or

(C) Termination of contract or other nonmonetary remedies provided by contract if the sanctioned provider participates in this chapter while acting in the course and scope of the sanctioned provider's capacity as an employee or independent contractor of the sanctioning health care provider. Nothing in this subparagraph shall be construed to prevent:

(i) A health care provider from participating in this chapter while acting outside the course and scope of the provider's capacity as an employee or independent contractor; or

(ii) A qualified patient from contracting with the qualified patient's attending or alternate physician and consulting physician to act outside the course and scope of the provider's capacity as an employee or independent contractor of the sanctioning health care provider; and

(3) A health care provider that imposes sanctions pursuant to paragraph (2) shall follow all due process and other procedures the sanctioning health care provider may have, including, at a minimum, reasonable notice and an opportunity for a hearing, that are related to the imposition of sanctions on another health care provider.

For the purposes of this subsection:

"Notify" means to make a separate statement in writing to the health care provider specifically informing the health care provider prior to the provider's participation in this chapter of the sanctioning health care provider's policy about participation in activities covered by this chapter.

"Participate in this chapter":

(1) Means to perform the duties of an attending or alternate physician pursuant to section 31, the consulting physician function pursuant to section ‑32, the counseling function pursuant to section 33, or the monitoring function pursuant to section 41;

(2) Does not include:

(A) Making an initial determination that a patient has a terminal disease and informing the patient of the medical prognosis;

(B) Providing information about this chapter to a patient upon the request of the patient;

(C) Providing a patient, upon the request of the patient, with a referral to another physician; or

(D) A qualified patient contracting with the patient's attending or alternate physician and consulting physician to act outside of the course and scope of the provider's capacity as an employee or independent contractor of the sanctioning health care provider.

(e) Actions taken pursuant to this chapter shall not be grounds for revocation, limitation, suspension, or denial of licenses under section 453‑8 or 460-12, so long as the health care provider has complied fully with this chapter.

 

 

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