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SECTION 2. [NEW MATERIAL] DEFINITIONS.

--As used in the Elizabeth Whitefield End-of-Life Options Act:

A. "adult" means a resident of the state who is eighteen years of age or older;

B. "capacity" means an individual's ability to understand and appreciate health care options available to that individual, including significant benefits and risks, and to make and communicate an informed health care decision. A determination of capacity shall be made only according to professional standards of care and the provisions of Section 24-7A-11 NMSA 1978;

C. "health care entity" means an entity, other than an individual, that is licensed to provide any form of health care in the state, including a hospital, clinic, hospice agency, home health agency, long-term care agency, pharmacy, group medical practice, medical home or any similar entity;

D. "health care provider" means any of the following individuals authorized pursuant to the New Mexico Drug, Device and Cosmetic Act to prescribe a medication to be used in medical aid in dying:

(1) a physician licensed pursuant to the Medical Practice Act;

(2) an osteopathic physician licensed pursuant to the Osteopathic Medicine Act;

(3) a nurse licensed in advanced practice pursuant to the Nursing Practice Act; or

(4) a physician assistant licensed pursuant to the Physician Assistant Act or the Osteopathic Medicine Act;

E. "medical aid in dying" means the medical practice wherein a health care provider prescribes medication to a qualified individual who may self-administer that medication to bring about a peaceful death;

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G. "prescribing health care provider" means a health care provider who prescribes medical aid in dying medication;

H. "qualified individual" means an individual who has met the requirements of Section 3 of the Elizabeth Whitefield End-of-Life Options Act;

I. "self-administer" means taking an affirmative, conscious, voluntary action to ingest a pharmaceutical substance; and

J. "terminal illness" means a disease or condition that is incurable and irreversible and that, in accordance with reasonable medical judgment, will result in death within six months.

SECTION 3. [NEW MATERIAL] MEDICAL AID IN DYING--PRESCRIBING HEALTH CARE PROVIDER DETERMINATION--FORM.--

A prescribing health care provider may provide a prescription for medical aid in dying medication to an individual only after the prescribing health care provider has:

A. determined that the individual has:

(1) capacity;

(2) a terminal illness;

(3) voluntarily made the request for medical aid in dying; and

(4) the ability to self-administer the medical aid in dying medication;

B. provided medical care to the individual in accordance with accepted medical standards of care;

C. determined that the individual is making an informed decision after discussing with the individual the:

(1) individual's medical diagnosis and prognosis;

(2) potential risks associated with self-administering the medical aid in dying medication that the individual has requested the health care provider to prescribe;

(3) probable result of self-administering the medical aid in dying medication to be prescribed;

(4) individual's option of choosing to obtain the medical aid in dying medication and then deciding not to use it; and

(5) feasible alternative, concurrent or additional treatment opportunities, including hospice care and palliative care focused on relieving symptoms and reducing suffering;

D. determined in good faith that the individual's request does not arise from coercion or undue influence by another person;

E. noted in the individual's health record the prescribing health care provider's determination that the individual qualifies to receive medical aid in dying;

F. confirmed in the individual's health record that at least one physician or osteopathic physician licensed pursuant to the Medical Practice Act or the Osteopathic Medicine Act has determined that the individual has capacity, a terminal illness and the ability to self-administer the medical aid in dying medication. That physician may be the prescribing health care provider pursuant to this section, the individual's hospice health care provider or another physician who meets the requirements of this subsection;

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SECTION 4. [NEW MATERIAL] DETERMINING CAPACITY.

--If an individual has a current history of a mental health disorder or an intellectual disability that could cause impaired judgment with regard to end-of-life medical decision making, or if, in the opinion of the prescribing health care provider or consulting health care provider, an individual currently has a mental health disorder or an intellectual disability that may cause impaired judgment with regard to end-of-life medical decision making, the individual shall not be determined to have capacity to make end-of-life decisions until the:

A. health care provider refers the individual for evaluation by a mental health professional with the training and expertise to assess a person with such a disorder or disability; and

B. mental health professional determines the individual to have capacity to make end-of-life decisions after evaluating the individual during one or more visits with the individual.

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SECTION 6. [NEW MATERIAL] MEDICAL AID IN DYING--RIGHT TO KNOW.

--A health care provider shall inform a terminally ill patient of all reasonable options related to the patient's care that are legally available to terminally ill patients that meet the medical standards of care for end-of-life care.

SECTION 7. [NEW MATERIAL] DEATH CERTIFICATE--CAUSE OF DEATH.

--The cause of death of a qualified individual who is deceased pursuant to self-administration of medical aid in dying medication pursuant to the Elizabeth Whitefield End-of-Life Options Act shall be the qualified individual's underlying terminal illness.

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SECTION 9. [NEW MATERIAL] IMMUNITIES--CONSCIENCE-BASED DECISIONS.--

A. A person shall not be subject to civil or criminal liability, licensing sanctions or other professional disciplinary action for:

(1) participating, or refusing to participate, in medical aid in dying in good faith compliance with the provisions of the Elizabeth Whitefield End-of-Life Options Act; or

(2) being present when a qualified patient self-administers the prescribed medical aid in dying medication to end the qualified individual's life in accordance with the provisions of the Elizabeth Whitefield End-of-Life Options Act.

B. A health care entity, professional organization or association, health insurer, managed care organization or health care provider shall not subject a person to censure, discipline, suspension, loss or denial of license, credential, privileges or membership or other penalty for participating, or refusing to participate, in the provision of medical aid in dying in good faith compliance with the provisions of the Elizabeth Whitefield End-of-Life Options Act.

C. A patient's request for, or provision by a prescribing health care provider of, medical aid in dying medication in good faith compliance with this section does not constitute evidence of neglect or adult abuse for any purpose of law or provide the basis for the appointment of a guardian or conservator.

D. No health care provider who objects for reasons of conscience to participating in the provision of medical aid in dying shall be required to participate in the provision of medical aid in dying under any circumstance. If a health care provider is unable or unwilling to carry out an individual's request pursuant to the Elizabeth Whitefield End-of-Life Options Act, that health care provider shall so inform the individual and refer the individual to a health care provider who is able and willing to carry out the individual's request or to another individual or entity to assist the requesting individual in seeking medical aid in dying. If the health care provider transfers the individual's care to a new health care provider, the prior health care provider shall transfer, upon request, a copy of the individual's relevant medical records to the new health care provider.

E. A health care entity shall not forbid or otherwise sanction a health care provider who provides medical aid in dying in accordance with the Elizabeth Whitefield End-of-Life Options Act off the premises of the health care entity or when the health care provider is not acting within the normal course and scope of the health care provider's employment with the health care entity.

F. A health care entity may sanction a health care provider for participating in medical aid in dying on the premises of the prohibiting health care entity only if the health care entity has given written notice to the health care provider of the prohibiting entity's written policy forbidding participation in medical aid in dying and the health care provider participates in medical aid in dying:

(1) on the premises of the health care entity; or

(2) within the course and scope of the health care provider's employment for the health care entity.

G. Nothing in this section shall be construed to prevent:

(1) a health care provider from participating in medical aid in dying while the health care provider is acting outside the health care entity's premises or outside the course and scope of the health care provider's capacity as an employee; or

(2) an individual who seeks medical aid in dying from contracting with the individual's prescribing health care provider or consulting health care provider to act outside the course and scope of the provider's affiliation with the sanctioning health care entity.

H. A health care entity that imposes sanctions on a health care provider pursuant to the Elizabeth Whitefield End-of-Life Options Act shall act reasonably, both substantively and procedurally, and shall be neither arbitrary nor capricious in its imposition of sanctions.

I. A sanction imposed by a health care entity against a health care provider pursuant to this section shall not be considered the imposition of a sanction based on quality of care.

J. Participating in medical aid in dying shall not be the basis for a report of unprofessional conduct.

K. A health care entity that prohibits medical aid in dying shall accurately and clearly articulate this in an appropriate location on any website maintained by the entity and in any appropriate materials given to patients to whom the health care entity provides health care in words to be determined by the health care entity.

SECTION 10. [NEW MATERIAL] PROHIBITED ACTS.

--Nothing in the Elizabeth Whitefield End-of-Life Options Act shall be construed to authorize a physician or any other person to end an individual's life by lethal injection, mercy killing or euthanasia. Actions taken in accordance with the Elizabeth Whitefield End-of-Life Options Act shall not be construed, for any purpose, to constitute suicide, assisted suicide, euthanasia, mercy killing, homicide or adult abuse under the law.

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SECTION 12.

Section 30-2-4 NMSA 1978 (being Laws 1963, Chapter 303, Section 2-5) is amended to read:

"30-2-4. ASSISTING SUICIDE.--

A. Assisting suicide consists of deliberately aiding another in the taking of [his] the person's own life, [Whoever] unless the person aiding another in the taking of the person's own life is a person acting in accordance with the provisions of the Elizabeth Whitefield End-of-Life Options Act.

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