California Health and Safety Code PART 1.85 - End of Life Option Act

  • Section 443.
    This part shall be known and may be cited as the End of Life Option Act.(Added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec....
  • Section 443.1.
    As used in this part, the following definitions shall apply:(a) “Adult” means an individual 18 years of age or older.(b) “Aid-in-dying drug” means a drug determined and...
  • Section 443.2.
    (a) An individual who is an adult with the capacity to make medical decisions and with a terminal disease may make a request to receive a...
  • Section 443.3.
    (a) An individual seeking to obtain a prescription for an aid-in-dying drug pursuant to this part shall submit two oral requests, a minimum of 15 days...
  • Section 443.4.
    (a) An individual may at any time withdraw or rescind his or her request for an aid-in-dying drug, or decide not to ingest an aid-in-dying drug,...
  • Section 443.5.
    (a) Before prescribing an aid-in-dying drug, the attending physician shall do all of the following:(1) Make the initial determination of all of the following:(A) (i) Whether the requesting adult...
  • Section 443.6.
    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...
  • Section 443.7.
    Upon referral from the attending or consulting physician pursuant to this part, the mental health specialist shall:(a) Examine the qualified individual and his or her relevant...
  • Section 443.8.
    All of the following shall be documented in the individual’s medical record:(a) All oral requests for aid-in-dying drugs.(b) All written requests for aid-in-dying drugs.(c) The attending physician’s diagnosis...
  • Section 443.9.
    (a) Within 30 calendar days of writing a prescription for an aid-in-dying drug, the attending physician shall submit to the State Department of Public Health a...
  • Section 443.10.a.
    A qualified individual may not receive a prescription for an aid-in-dying drug pursuant to this part unless he or she has made an informed decision....
  • Section 443.11.
    (a) A request for an aid-in-dying drug as authorized by this part shall be in the following form:REQUEST FOR AN AID-IN-DYING DRUG TO END MY LIFE...
  • Section 443.12.
    (a) A provision in a contract, will, or other agreement executed on or after January 1, 2016, whether written or oral, to the extent the provision...
  • Section 443.13.
    (a) (1) The sale, procurement, or issuance of a life, health, or annuity policy, health care service plan contract, or health benefit plan, or the rate charged...
  • Section 443.14.
    (a) Notwithstanding any other law, a person shall not be subject to civil or criminal liability solely because the person was present when the qualified individual...
  • Section 443.15.
    (a) Subject to subdivision (b), notwithstanding any other law, a health care provider may prohibit its employees, independent contractors, or other persons or entities, including other...
  • Section 443.16.
    (a) A health care provider may not be sanctioned for any of the following:(1) Making an initial determination pursuant to the standard of care that an individual...
  • Section 443.17.
    (a) Knowingly altering or forging a request for an aid-in-dying drug to end an individual’s life without his or her authorization or concealing or destroying a...
  • Section 443.18.
    Nothing in this part may be construed to authorize a physician or any other person to end an individual’s life by lethal injection, mercy killing,...
  • Section 443.19.
    (a) The State Department of Public Health shall collect and review the information submitted pursuant to Section 443.9. The information collected shall be confidential and shall...
  • Section 443.20.a.
    A person who has custody or control of any unused aid-in-dying drugs prescribed pursuant to this part after the death of the patient shall personally...
  • Section 443.21.
    Any governmental entity that incurs costs resulting from a qualified individual terminating his or her life pursuant to the provisions of this part in a...
  • Section 443.215.
    This part shall remain in effect only until January 1, 2026, and as of that date is repealed, unless a later enacted statute, that is...
  • Section 443.22.
    (a) The Medical Board of California may update the attending physician checklist and compliance form, the consulting physician compliance form, and the attending physician followup form,...

Last modified: October 22, 2018