Massachusetts
Initiative Petition (2011-2012)
Note: The following protection of conscience provisions
are included in a bill to legalize assisted suicide in Massachusetts.
Although Section 1 of the bill states that participation in the
procedure must be "entirely voluntary,"
participation is
defined in Section 3(d)ii to exclude referral. Thus, the bill would, if
enacted, support compulsory referral for assisted suicide. Section
3(d)ii D of the bill would also require objecting institutions not only
to permit referral under Section 3(d)ii, but would require them to
permit physicians in their facilities to contract for off-premises
provision of assisted suicide. [
Complete
text of bill] [Administrator]
An Initiative Petition
An Act Relative to Death with Dignity
Be it enacted by the People, and by their authority, as follows:
SECTION 1.
It is hereby declared that the public welfare requires a defined and
safeguarded process by which an adult Massachusetts resident who has the
capacity to make health care decisions and who has been determined by his or
her attending and consulting physicians to be suffering from a terminal
disease that will cause death within six months may obtain medication that
the patient may self administer to end his or her life in a humane and
dignified manner. It is further declared that the
public welfare requires that such a process be entirely voluntary on the
part of all participants, including the patient, his or her physicians, and
any other health care provider or facility providing services or care to the
patient. This act, being necessary for the welfare of the
Commonwealth and its residents, shall be liberally construed to effect the
purposes thereof.
SECTION 2.
The General Laws of Massachusetts shall be amended by inserting after
chapter 201F the following new chapter 201G:-
CHAPTER 201G
MASSACHUSETTS DEATH WITH DIGNITY ACT
Section 18. Immunities; permissible sanctions.
(1) Except as provided in section 19 and subsection (3) of this section:
(a) No person shall be subject to civil or criminal liability or
professional disciplinary action by any regulatory agency for any actions
undertaken in 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. A person who substantially complies in
good faith with the provisions of this chapter shall be deemed to be in
compliance with this chapter.
(b) Actions taken in accordance with this chapter shall not constitute
suicide, assisted suicide, mercy killing or homicide under any criminal law
of the commonwealth.
(c) A patient's request for or the provision of medication in compliance
with this chapter shall not constitute neglect for any purpose of law or
provide the sole basis for the appointment of a guardian or conservator; and
(2) Participation in this chapter shall be
voluntary. 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.
(3) (a) 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 given prior notice to all health
care providers with privileges to practice on the premises of the
prohibiting provider's policy regarding participation in this chapter. This
subsection does not prevent a health care provider from providing health
care services to a patient that do not constitute participation in this
chapter.
(b) A health care provider may subject another health care provider to
the sanctions stated in this paragraph (b) if the sanctioning health care
provider has notified the sanctioned provider before participation in this
chapter that it prohibits participation in this chapter:
(i) loss of privileges, loss of membership, or other
sanctions provided under 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;
(ii) termination of a lease or other contract for the
occupancy of real property or other nonmonetary remedies provided by such
lease or contract 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; provided, however, that no lease or other contract made on and
after January 1, 2013, shall authorize or permit nonmonetary remedies for
participation in this chapter in the form of loss or restriction of medical
staff privileges or exclusion from a provider panel; or
(iii) termination of a 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 (iii)
prevents:
(A) 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
(B) a patient from contracting with his or her
attending 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.
(c) A health care provider that imposes sanctions under (b) of this
subsection shall follow all otherwise applicable due process and other
procedures the sanctioning health care provider may have in place that are
related to the imposition of sanctions on another health care provider.
(d) For the purposes of this subsection (3), the following terms and
their variants shall have the meanings given:
(i) "Notify" means a separate statement in writing to
the health care provider specifically informing the health care provider
before the provider's participation in this chapter of the sanctioning
health care provider's policy about participation in activities covered by
this chapter.
(ii) "Participate in this
chapter" means to perform the duties of an attending physician under section
4, the consulting physician function under section 5, or the counseling
function under section 6. "Participate in this chapter" 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 the Massachusetts
death with dignity act 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 health care provider's contracting with a
patient 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.