California Health and Safety Code 443.6 – Before a qualified individual obtains an aid-in-dying drug from the …
Before a qualified individual obtains an aid-in-dying drug from the attending physician, the consulting physician shall perform all of the following:
(a) Examine the individual and his or her relevant medical records.
Terms Used In California Health and Safety Code 443.6
- Aid-in-dying drug: means a drug determined and prescribed by a physician for a qualified individual, which the qualified individual may choose to self-administer to bring about their death due to a terminal disease. See California Health and Safety Code 443.1
- Attending physician: means the physician who has primary responsibility for the health care of an individual and treatment of the individual's terminal disease. See California Health and Safety Code 443.1
- Capacity to make medical decisions: means that, in the opinion of an individual's attending physician, consulting physician, psychiatrist, or psychologist, pursuant to §. See California Health and Safety Code 443.1
- Consulting physician: means a physician who is independent from the attending physician and who is qualified by specialty or experience to make a professional diagnosis and prognosis regarding an individual's terminal disease. See California Health and Safety Code 443.1
- Informed decision: means a decision by an individual with a terminal disease to request and obtain a prescription for a drug that the individual may self-administer to end the individual's life, that is based on an understanding and acknowledgment of the relevant facts, and that is made after being fully informed by the attending physician of all of the following:
California Health and Safety Code 443.1
- Mental health specialist assessment: means one or more consultations between an individual and a mental health specialist for the purpose of determining that the individual has the capacity to make medical decisions and is not suffering from impaired judgment due to a mental disorder. See California Health and Safety Code 443.1
- Physician: means a doctor of medicine or osteopathy currently licensed to practice medicine in this state. See California Health and Safety Code 443.1
- Qualified individual: means an adult who has the capacity to make medical decisions, is a resident of California, and has satisfied the requirements of this part in order to obtain a prescription for a drug to end their life. See California Health and Safety Code 443.1
(b) Confirm in writing the attending physician‘s diagnosis and prognosis.
(c) Determine that the individual has the capacity to make medical decisions, is acting voluntarily, and has made an informed decision.
(d) If there are indications of a mental disorder, refer the individual for a mental health specialist assessment.
(e) Fulfill the record documentation required under this part.
(f) Submit the compliance form to the attending physician.
(Added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. (AB 15 2x) Effective June 9, 2016. Repealed as of January 1, 2031, pursuant to Section 443.215.)