Vote Smart's Synopsis:

Vote to pass a bill that authorizes and legalizes medical aid in dying for terminally ill individuals in Nevada.

Highlights:

• Establishes a legal framework for competent and willing terminally ill patients to self-administer life-ending medicines (Sec. 1-33).

• Authorizes a patient, under certain circumstances, to self-administer a medication that is designed to end the life of the patient (Sec. 5-33).

• Defines " practitioner " as a physician, osteopathic physician or advanced practice registered nurse (Sec. 14).

• Authorizes a patient to request that his or her attending practitioner prescribe a medication that is designed to end his or her life if the patient (Sec. 17):

• Is at least 18 years of age;

• Has been diagnosed with a terminal condition by at least 2 practitioners; 

• Has made an informed and voluntary decision to end his or her own life;

• Is mentally capable of making such a decision; and

• Is not requesting the medication because of coercion, deception, or undue influence.

• Establishes certain requirements concerning how a patient may request a medication that is designed to end the life of the patient, including (Sec. 18):

• That the patient make two verbal requests and one written request for the  medication; and 

• The written request for the medication be signed by a witness.

• Establishes and prescribes the form for the written request for the medication (Sec. 19).

• Specifies and imposes certain requirements before a practitioner is authorized to prescribe a  medication that is designed to end the life of a patient, including that the practitioner (Sec. 20):

• Inform the patient of his or her right to revoke a request for the medication at any time;

• Determine and verify that the patient meets the requirements for making such a request;

• Discuss certain relevant factors with the patient, including the diagnosis and prognosis of the patient and alternative options for care;

• Refer the patient to a consulting practitioner who can confirm the diagnosis, prognosis and mental capability of the patient and that the patient has not been coerced or unduly influenced; and

• Instruct the patient against self-administering the medication in public.

• Requires a practitioner who determines that a patient who has requested a prescription for a medication that is designed to end his or her life may not be mentally capable to refer the patient to a qualified mental health professional and to receive confirmation about the patient’s mental capability (Sec. 21).

• Establishes procedures for the issuance of a prescription for a medication that is designed to end the life of the patient, and provides that only an attending practitioner or a pharmacist may dispense such a medication (Sec. 22).

• Specifies and prescribes how the attending practitioner may bill the patient or the insurer of the patient for diagnosing the condition of the patient and prescribing the medication (Sec. 22.5).

• Prohibits an attending practitioner from prescribing a medication that is designed to end the life of a patient based solely on the age or disability of the patient (Sec. 23).

• Requires certain providers of health care to include certain information concerning requests and prescriptions for and the dispensing of a medication that is designed to end the life of a patient in the medical record of the patient (Sec. 24).

• Specifies that if a patient who has requested a medication that is designed to end the life of a patient transfers care to another practitioner or health care facility, this bill shall require the practitioner or health care facility that previously provided care to the patient to forward the patient’s medical records to the new practitioner or health care facility (Sec. 24-31).

• Specifies and prescribes certain information that must be reported by an attending practitioner to the Division of Public and Behavioral Health of the Department of Health and Human Services relating to a patient who has been prescribed or self-administered such a medication (Sec. 27).

• Requires the Division to compile an annual report concerning the implementation of the provisions of this bill authorizing a patient to request a prescription for a medication that is designed to end the life of the patient (Sec. 28).

• Requires that such information is otherwise confidential when reported to the Division (Sec. 27-43).

• Authorizes a patient, at any time, to revoke a request for a medication that is designed to end his or her life (Sec. 25).

• Specifies that only the patient to whom a medication that is designed to end his or her life is prescribed may administer the medication (Sec. 25).

• Establishes requirements for the disposal of any unused portion of the medication (Sec. 26).

• Specifies that certain individuals shall be exempt from professional discipline and immune from civil and criminal penalties and provides that they do not violate any applicable standard of care for taking actions authorized by this bill to assist a patient in acquiring a medication that is designed to end the life of the patient (Sec. 33).

• Requires an individual who administers emergency medical services to treat a prescription for a medication that is designed to end the life of a patient as a written do-not-resuscitate order to withhold life-sustaining treatment (Sec. 33.3).

• Requires an individual who administers emergency medical services who respond to a person who has self-administered a medication that is designed to end his or her life to indicate “medical aid in dying” in any report concerning the incident (Sec. 33.6).

• Amends and makes a conforming change to include a patient who has self-administered a medication designed to end his or her life in the definition of “qualified patient” for provisions governing the withholding of life-sustaining treatment (Sec. 33.1).

• Specifies that a death resulting from the self-administration of a medication that is designed to end the life of a patient is not mercy killing, euthanasia, assisted suicide, suicide, or homicide when done under the provisions of this bill (Sec. 29).

• Requires a death certificate to list the terminal condition of the patient as the cause of death of the patient (Sec. 2).

• Requires a death certificate to include a box that may be marked to indicate that a patient died from the self-administration of a medication that is designed to end the life of a patient and requires the death certificate of such a patient to indicate that the patient died in that manner through a mark in that box(Sec. 1.5-2).

• Specifies that a coroner, coroner’s deputy, or local health officer is not required to certify the cause of such a death (Sec. 1-3).

• Authorizes a coroner to make an appropriate investigation after discovering that an individual has self-administered a medication designed to end the life of the person, to the extent necessary to determine the cause of the terminal condition with which the person was diagnosed and equires a coroner to cease such an investigation after determining that the terminal condition resulted from a natural cause (Sec. 42).

• Prohibits an individual from preventing or requiring a person to make or revoke a request for a medication that is designed to end the life of the person as a condition to receiving health care or as a condition in an agreement, contract, or will (Sec. 30-38).

• Amends and clarifies that a practitioner is not required to prescribe a medication that is designed to end the life of a patient and remains responsible for treating the patient’s pain (Sec. 31).

• Specifies if a patient is diagnosed with a terminal condition, requests information concerning the prescription and self-administration of a medication that is designed to end the life of the patient (Sec. 31).

• Requires a practitioner to provide that information or facilitate the transfer of the patient to another provider of health careand also provides that a pharmacist is not required to fill a prescription for or dispense such a medication (Sec. 31).

• authorizes the owner or operator of a health care facility to prohibit an employee or independent contractor of the health care facility or any person who provides services on the premises of the health care facility from providing any services relating to prescribing a medication that is designed to end the life of a patient while acting within the scope of his or her employment or contract with the facility or while on the premises of the facility (Sec. 32).

• Prohibits a health care facility or provider of health care from taking certain actions against an employee or independent contractor who (Sec. 33):

• Provides accurate, scientific information concerning end-of-life care to a patient; or

• Facilitates the prescription or self-administration of a medication that is designed to end the life of the patient.

• Amends and makes conforming changes to clarify that a practitioner orpharmacist is authorized to dispense a medication that is designed to end the life of a patient that is a controlled substance or dangerous drug and a patient may self-administer such a medication under other provisions governing medications designed to end the life of a patient (Sec. 34-37).

• Specifies that a proposed protected person shall not be deemed to need a general or special guardian solely because the proposed protected person requested a medication that is designed to end his or her life or revoked such a request (Sec. 39).

• Prohibits insurers from conditioning life insurance benefits, group life insurance benefits, or the payment of claims on whether the insured makes, fails to make, or revokes a request for a medication (Sec. 44-45).

• Amends and makes a conforming change to reflect this prohibition on a policy of group life insurance (Sec. 46).

• Specifies that the provisions of this bill shall take effect immediately upon passage and approval by the Governor (Sec. 48).

Full Bill Text