STATE OF NEW YORK
2019-2020 Regular Sessions
February 21, 2019
Introduced by Sens. SAVINO, RIVERA, HOYLMAN, KRUEGER, SEPULVEDA -- read
twice and ordered printed, and when printed to be committed to the
Committee on Health
AN ACT to amend the public health law, in relation to a terminally ill
patient's request for and use of medication for medical aid in dying
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "medical
2 aid in dying act".
3 § 2. The public health law is amended by adding a new article 28-F to
4 read as follows:
5 ARTICLE 28-F
6 MEDICAL AID IN DYING
7 Section 2899-d. Definitions.
8 2899-e. Request process.
9 2899-f. Attending physician responsibilities.
10 2899-g. Right to rescind request; requirement to offer opportu-
11 nity to rescind.
12 2899-h. Consulting physician responsibilities.
13 2899-i. Referral to mental health professional.
14 2899-j. Medical record documentation requirements.
15 2899-k. Form of written request and witness attestation.
16 2899-l. Protection and immunities.
17 2899-m. Permissible refusals and prohibitions.
18 2899-n. Relation to other laws and contracts.
19 2899-o. Safe disposal of unused medications.
20 2899-p. Death certificate.
21 2899-q. Reporting.
22 2899-r. Penalties.
23 2899-s. Severability.
24 § 2899-d. Definitions. As used in this article:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
S. 3947 2
1 1. "Adult" means an individual who is eighteen years of age or older.
2 2. "Attending physician" means the physician who has primary responsi-
3 bility for the care of the patient and treatment of the patient's termi-
4 nal illness or condition.
5 3. "Capacity" means the ability to understand and appreciate the
6 nature and consequences of health care decisions, including the benefits
7 and risks of and alternatives to any proposed health care, including
8 medical aid in dying, and to reach an informed decision.
9 4. "Consulting physician" means a physician who is qualified by
10 specialty or experience to make a professional diagnosis and prognosis
11 regarding a person's terminal illness or condition.
12 5. "Health care facility" means a general hospital, nursing home, or
13 residential health care facility as defined in section twenty-eight
14 hundred one of this chapter, or a hospice as defined in section four
15 thousand two of this chapter; provided that for the purposes of section
16 twenty eight hundred ninety-nine-m of this article, "hospice" shall
17 refer only to a facility providing in-patient hospice care or a hospice
19 6. "Health care provider" means a person licensed, certified, or
20 authorized by law to administer health care or dispense medication in
21 the ordinary course of business or practice of a profession.
22 7. "Informed decision" means a decision by a patient who is suffering
23 from a terminal illness or condition to request and obtain a
24 prescription for medication that the patient may self-administer to end
25 the patient's life that is based on an understanding and acknowledgment
26 of the relevant facts and that is made voluntarily, of the patient's own
27 volition and without coercion, after being fully informed of:
28 (a) the patient's medical diagnosis and prognosis;
29 (b) the potential risks associated with taking the medication to be
31 (c) the probable result of taking the medication to be prescribed;
32 (d) the possibility that the patient may choose not to obtain the
33 medication, or may obtain the medication but may decide not to self-ad-
34 minister it; and
35 (e) the feasible alternatives and appropriate treatment options,
36 including but not limited to palliative care and hospice care.
37 8. "Medical aid in dying" means the medical practice of a physician
38 prescribing medication to a qualified individual that the individual may
39 choose to self-administer to bring about death.
40 9. "Medically confirmed" means the medical opinion of the attending
41 physician that a patient has a terminal illness or condition and has
42 made an informed decision which has been confirmed by a consulting
43 physician who has examined the patient and the patient's relevant
44 medical records.
45 10. "Medication" means medication prescribed by a physician under this
47 11. "Mental health professional" means a licensed physician, who is a
48 diplomate or eligible to be certified by a national board of psychiatry,
49 psychiatric nurse practitioner, or psychologist, licensed or certified
50 under the education law acting within his or her scope of practice and
51 who is qualified, by training and experience, certification, or board
52 certification or eligibility, to make a determination under section
53 twenty-eight hundred ninety-nine-i of this article.
54 12. "Palliative care" means health care treatment, including interdis-
55 ciplinary end-of-life care, and consultation with patients and family
56 members, to prevent or relieve pain and suffering and to enhance the
S. 3947 3
1 patient's quality of life, including hospice care under article forty of
2 this chapter.
3 13. "Patient" means a person who is eighteen years of age or older
4 under the care of a physician.
5 14. "Physician" means an individual licensed to practice medicine in
6 New York state.
7 15. "Qualified individual" means a patient with a terminal illness or
8 condition, who has capacity, has made an informed decision, and has
9 satisfied the requirements of this article in order to obtain a
10 prescription for medication.
11 16. "Self-administer" means a qualified individual's affirmative,
12 conscious, and voluntary act of using medication under this article.
13 17. "Terminal illness or condition" means an incurable and irrevers-
14 ible illness or condition that has been medically confirmed and will,
15 within reasonable medical judgment, produce death within six months.
16 § 2899-e. Request process. 1. Oral and written request. A patient
17 wishing to request medication under this article shall make an oral
18 request and submit a written request to the patient's attending physi-
20 2. Making a written request. A patient may make a written request for
21 and consent to self-administer medication for the purpose of ending his
22 or her life in accordance with this article if the patient:
23 (a) has been determined by the attending physician to have a terminal
24 illness or condition and which has been medically confirmed by a
25 consulting physician; and
26 (b) based on an informed decision, expresses voluntarily, of the
27 patient's own volition and without coercion the request for medication
28 to end his or her life.
29 3. Written request signed and witnessed. (a) A written request for
30 medication under this article shall be signed and dated by the patient
31 and witnessed by at least two adults who, in the presence of the
32 patient, attest that to the best of his or her knowledge and belief the
33 patient has capacity, is acting voluntarily, is making the request for
34 medication of his or her own volition and is not being coerced to sign
35 the request. The written request shall be in substantially the form
36 described in section twenty-eight hundred ninety-nine-k of this article.
37 (b) One of the witnesses shall be an adult who is not:
38 (i) a relative of the patient by blood, marriage or adoption;
39 (ii) a person who at the time the request is signed would be entitled
40 to any portion of the estate of the patient upon death under any will or
41 by operation of law; or
42 (iii) an owner, operator, employee or independent contractor of a
43 health care facility where the patient is receiving treatment or is a
45 (c) The attending physician, consulting physician and, if applicable,
46 the mental health professional who provides a capacity determination of
47 the patient under this article shall not be a witness.
48 4. No person shall qualify for medical aid in dying under this article
49 solely because of age or disability.
50 5. Requests for a medical aid-in-dying prescription must be made by
51 the qualified individual and may not be made by any other individual,
52 including the qualified individual's health care agent, or other agent
53 or surrogate, or via advance healthcare directive.
54 § 2899-f. Attending physician responsibilities. 1. The attending
55 physician shall examine the patient and his or her relevant medical
56 records and:
S. 3947 4
1 (a) make a determination of whether a patient has a terminal illness
2 or condition, has capacity, has made an informed decision and has made
3 the request voluntarily of the patient's own volition and without coer-
5 (b) inform the patient of the requirement under this article for
6 confirmation by a consulting physician, and refer the patient to a
7 consulting physician upon the patient's request;
8 (c) refer the patient to a mental health professional pursuant to
9 section twenty-eight hundred ninety-nine-i of this article if the
10 attending physician believes that the patient may lack capacity to make
11 an informed decision;
12 (d) provide information and counseling under section twenty-nine
13 hundred ninety-seven-c of this chapter;
14 (e) ensure that the patient is making an informed decision by discuss-
15 ing with the patient: (i) the patient's medical diagnosis and prognosis;
16 (ii) the potential risks associated with taking the medication to be
17 prescribed; (iii) the probable result of taking the medication to be
18 prescribed; (iv) the possibility that the patient may choose to obtain
19 the medication but not take it; (v) the feasible alternatives and appro-
20 priate treatment options, including but not limited to (1) information
21 and counseling regarding palliative and hospice care and end-of-life
22 options appropriate to the patient, including but not limited to: the
23 range of options appropriate to the patient; the prognosis, risks and
24 benefits of the various options; and the patient's legal rights to
25 comprehensive pain and symptom management at the end of life; and (2)
26 information regarding treatment options appropriate to the patient,
27 including the prognosis, risks and benefits of the various treatment
29 (f) offer to refer the patient for other appropriate treatment
30 options, including but not limited to palliative care and hospice care;
31 (g) discuss with the patient the importance of:
32 (i) having another person present when the patient takes the medica-
33 tion and the restriction that no person other than the patient may
34 administer the medication;
35 (ii) not taking the medication in a public place; and
36 (iii) informing the patient's family of the patient's decision to
37 request and take medication that will end the patient's life; a patient
38 who declines or is unable to notify family shall not have his or her
39 request for medication denied for that reason;
40 (h) inform the patient that he or she may rescind the request for
41 medication at any time and in any manner;
42 (i) fulfill the medical record documentation requirements of section
43 twenty-eight hundred ninety-nine-j of this article; and
44 (j) ensure that all appropriate steps are carried out in accordance
45 with this article before writing a prescription for medication.
46 2. Upon receiving confirmation from a consulting physician under
47 section twenty-eight hundred ninety-nine-h of this article and subject
48 to section twenty-eight hundred ninety-nine-i of this article, the
49 attending physician who determines that the patient has a terminal
50 illness or condition, has capacity and has made a voluntary request for
51 medication as provided in this article, may personally, or by referral
52 to another physician, prescribe or order appropriate medication in
53 accordance with the patient's request under this article, and at the
54 patient's request, facilitate the filling of the prescription and deliv-
55 ery of the medication to the patient.
S. 3947 5
1 3. In accordance with the direction of the prescribing or ordering
2 physician and the consent of the patient, the patient may self-adminis-
3 ter the medication to himself or herself. A health care professional or
4 other person shall not administer the medication to the patient.
5 § 2899-g. Right to rescind request; requirement to offer opportunity
6 to rescind. 1. A patient may at any time rescind his or her request for
7 medication under this article without regard to the patient's capacity.
8 2. A prescription for medication may not be written without the
9 attending physician offering the qualified individual an opportunity to
10 rescind the request.
11 § 2899-h. Consulting physician responsibilities. Before a patient who
12 is requesting medication may receive a prescription for medication under
13 this article, a consulting physician must:
14 1. examine the patient and his or her relevant medical records;
15 2. confirm, in writing, to the attending physician and the patient,
16 whether: (a) the patient has a terminal illness or condition; (b) the
17 patient is making an informed decision; (c) the patient has capacity, or
18 provide documentation that the consulting physician has referred the
19 patient for a determination under section twenty-eight hundred ninety-
20 nine-i of this article; and (d) the patient is acting voluntarily, of
21 the patient's own volition and without coercion.
22 § 2899-i. Referral to mental health professional. 1. If the attending
23 physician or the consulting physician determines that the patient may
24 lack capacity to make an informed decision due to a condition, includ-
25 ing, but not limited to, a psychiatric or psychological disorder, or
26 other condition causing impaired judgement, the attending physician or
27 consulting physician shall refer the patient to a mental health profes-
28 sional for a determination of whether the patient has capacity to make
29 an informed decision. The referring physician shall advise the patient
30 that the report of the mental health professional will be provided to
31 the attending physician and the consulting physician.
32 2. A mental health professional who evaluates a patient under this
33 section shall report, in writing, to the attending physician and the
34 consulting physician, his or her independent conclusions about whether
35 the patient has capacity to make an informed decision, provided that if,
36 at the time of the report, the patient has not yet been referred to a
37 consulting physician, then upon referral the attending physician shall
38 provide the consulting physician with a copy of the mental health
39 professional's report. If the mental health professional determines that
40 the patient lacks capacity to make an informed decision, the patient
41 shall not be deemed a qualified individual, and the attending physician
42 shall not prescribe medication to the patient.
43 3. A determination made pursuant to this section that an adult patient
44 lacks decision-making capacity shall not be construed as a finding that
45 the patient lacks capacity for any other purpose.
46 § 2899-j. Medical record documentation requirements. An attending
47 physician shall document or file the following in the patient's medical
49 1. the dates of all oral requests by the patient for medication under
50 this article;
51 2. the written request by the patient for medication under this arti-
52 cle, including the declaration of witnesses and interpreter's declara-
53 tion, if applicable;
54 3. the attending physician's diagnosis and prognosis, determination of
55 capacity, and determination that the patient is acting voluntarily, of
S. 3947 6
1 the patient's own volition and without coercion, and has made an
2 informed decision;
3 4. if applicable, written confirmation of capacity under section twen-
4 ty-eight hundred ninety-nine-i of this article; and
5 5. a note by the attending physician indicating that all requirements
6 under this article have been met and indicating the steps taken to carry
7 out the request, including a notation of the medication prescribed or
9 § 2899-k. Form of written request and witness attestation. 1. A
10 request for medication under this article shall be in substantially the
11 following form:
12 REQUEST FOR MEDICATION TO END MY LIFE
13 I, _________________________________, am an adult who has capacity,
14 which means I understand and appreciate the nature and consequences of
15 health care decisions, including the benefits and risks of and alterna-
16 tives to any proposed health care, and to reach an informed decision and
17 to communicate health care decisions to a physician.
18 I have been diagnosed with ______________(insert diagnosis), which my
19 attending physician has determined is a terminal illness or condition,
20 which has been medically confirmed by a consulting physician.
21 I have been fully informed of my diagnosis and prognosis, the nature
22 of the medication to be prescribed and potential associated risks, the
23 expected result, and the feasible alternatives and treatment options
24 including but not limited to palliative care and hospice care.
25 I request that my attending physician prescribe medication that will
26 end my life if I choose to take it, and I authorize my attending physi-
27 cian to contact another physician or any pharmacist about my request.
28 INITIAL ONE:
29 ( ) I have informed or intend to inform one or more members of my
30 family of my decision.
31 ( ) I have decided not to inform any member of my family of my deci-
33 ( ) I have no family to inform of my decision.
34 I understand that I have the right to rescind this request or decline
35 to use the medication at any time.
36 I understand the importance of this request, and I expect to die if I
37 take the medication to be prescribed. I further understand that although
38 most deaths occur within three hours, my death may take longer, and my
39 attending physician has counseled me about this possibility.
40 I make this request voluntarily, of my own volition and without being
41 coerced, and I accept full responsibility for my actions.
42 Signed: __________________________
43 Dated: ___________________________
44 DECLARATION OF WITNESSES
45 I declare that the person signing this "Request for Medication to End
46 My Life":
47 (a) is personally known to me or has provided proof of identity;
48 (b) voluntarily signed the "Request for Medication to End My Life" in
49 my presence or acknowledged to me that he or she signed it; and
S. 3947 7
1 (c) to the best of my knowledge and belief, has capacity and is making
2 the "Request for Medication to End My Life" voluntarily, of his or her
3 own volition and is not being coerced to sign the "Request for Medica-
4 tion to End My Life".
5 I am not the attending physician or consulting physician of the person
6 signing the "Request for Medication to End My Life" or, if applicable,
7 the mental health professional who provides a capacity determination of
8 the person signing the "Request for Medication to End My Life" at the
9 time the "Request for Medication to End My Life" was signed.
10 I further declare under penalty of perjury that the statements made
11 herein are true and correct and false statements made herein are punish-
13 __________________________ Witness 1, Date: ________________
14 __________________________ (Printed name)
15 __________________________ (Address)
16 __________________________ (Telephone number)
17 I further declare that I am not (i) related to the above-named patient
18 by blood, marriage or adoption, (ii) entitled at the time the patient
19 signed the "Request for Medication to End My Life" to any portion of the
20 estate of the patient upon his/her death under any will or by operation
21 of law, or (iii) an owner, operator, employee or independent contractor
22 of a health care facility where the patient is receiving treatment or is
23 a resident.
24 __________________________ Witness 2, Date: _________________
25 __________________________ (Printed name)
26 __________________________ (Address)
27 __________________________ (Telephone number)
28 NOTE: Only one of the two witnesses may (i) be a relative (by blood,
29 marriage or adoption) of the person signing the "Request for Medication
30 to End My Life", (ii) be entitled to any portion of the person's estate
31 upon death under any will or by operation of law, or (iii) own, operate,
32 be employed or be an independent contractor at a health care facility
33 where the person is receiving treatment or is a resident.
34 2. (a) The "Request for Medication to End My Life" shall be written in
35 the same language as any conversations, consultations, or interpreted
36 conversations or consultations between a patient and at least one of his
37 or her attending or consulting physicians.
38 (b) Notwithstanding paragraph (a) of this subdivision, the written
39 "Request for Medication to End My Life" may be prepared in English even
40 when the conversations or consultations or interpreted conversations or
41 consultations were conducted in a language other than English or with
42 auxiliary aids or hearing, speech or visual aids, if the English
43 language form includes an attached declaration by the interpreter of the
44 conversation or consultation, which shall be in substantially the
45 following form:
S. 3947 8
1 INTERPRETER'S DECLARATION
2 I, ___________ (insert name of interpreter)_____ ,(mark as applica-
4 ( ) for a patient whose conversations or consultations or interpreted
5 conversations or consultations were conducted in a language other than
6 English and the "Request for Medication to End My Life" is in English: I
7 declare that I am fluent in English and (insert target language). I have
8 the requisite language and interpreter skills to be able to interpret
9 effectively, accurately and impartially information shared and communi-
10 cations between the attending or consulting physician and (name of
12 I certify that on (insert date), at approximately (insert time), I
13 interpreted the communications and information conveyed between the
14 physician and (name of patient) as accurately and completely to the best
15 of my knowledge and ability and read the "Request for Medication to End
16 My Life" to (name of patient) in (insert target language).
17 (Name of patient) affirmed to me his/her desire to sign the "Request
18 for Medication to End My Life" voluntarily, of (name of patient)'s own
19 volition and without coercion.
20 ( ) for a patient with a speech, hearing or vision disability: I
21 declare that I have the requisite language, reading and/or interpreter
22 skills to communicate with the patient and to be able to read and/or
23 interpret effectively, accurately and impartially information shared and
24 communications that occurred on (insert date) between the attending or
25 consulting physician and (name of patient).
26 I certify that on (insert date), at approximately (insert time), I
27 read and/or interpreted the communications and information conveyed
28 between the physician and (name of patient) impartially and as accurate-
29 ly and completely to the best of my knowledge and ability and, where
30 needed for effective communication, read or interpreted the "Request for
31 Medication to End my Life" to (name of patient).
32 (Name of patient) affirmed to me his/her desire to sign the "Request
33 for Medication to End My Life" voluntarily, of (name of patient)'s own
34 volition and without coercion.
35 I further declare under penalty of perjury that (i) the foregoing is
36 true and correct; (ii) I am not (A) related to (name of patient) by
37 blood, marriage or adoption, (B) entitled at the time (name of patient)
38 signed the "Request for Medication to End My Life" to any portion of the
39 estate of (name of patient) upon his/her death under any will or by
40 operation of law, or (C) an owner, operator, employee or independent
41 contractor of a health care facility where (name of patient) is receiv-
42 ing treatment or is a resident, except that if I am an employee or inde-
43 pendent contractor at such health care facility, providing interpreter
44 services is part of my job description at such health care facility or I
45 have been trained to provide interpreter services and (name of patient)
46 requested that I provide interpreter services to him/her for the
47 purposes stated in this Declaration; and (iii) false statements made
48 herein are punishable.
49 Executed at (insert city, county and state) on this (insert day of
50 month) of (insert month), (insert year).
51 __________________________ (Signature of Interpreter)
52 __________________________ (Printed name of Interpreter)
S. 3947 9
1 __________________________ (ID # or Agency Name)
2 __________________________ (Address of Interpreter)
3 __________________________ (Language Spoken by Interpreter)
4 (c) An interpreter whose services are provided under paragraph (b) of
5 this subdivision shall not (i) be related to the patient who signs the
6 "Request for Medication to End My Life" by blood, marriage or adoption,
7 (ii) be entitled at the time the "Request for Medication to End My Life"
8 is signed by the patient to any portion of the estate of the patient
9 upon death under any will or by operation of law, or (iii) be an owner,
10 operator, employee or independent contractor of a health care facility
11 where the patient is receiving treatment or is a resident; provided that
12 an employee or independent contractor whose job description at the
13 health care facility includes interpreter services or who is trained to
14 provide interpreter services and who has been requested by the patient
15 to serve as an interpreter under this article shall not be prohibited
16 from serving as a witness under this article.
17 § 2899-l. Protection and immunities. 1. A physician, pharmacist, other
18 health care professional or other person shall not be subject to civil
19 or criminal liability or professional disciplinary action by any govern-
20 ment entity for taking any reasonable good-faith action or refusing to
21 act under this article, including, but not limited to: (a) engaging in
22 discussions with a patient relating to the risks and benefits of end-of-
23 life options in the circumstances described in this article, (b) provid-
24 ing a patient, upon request, with a referral to another health care
25 provider, (c) being present when a qualified individual self-administers
26 medication, (d) refraining from acting to prevent the qualified individ-
27 ual from self-administering such medication, or (e) refraining from
28 acting to resuscitate the qualified individual after he or she self-ad-
29 ministers such medication.
30 2. Nothing in this section shall limit civil or criminal liability for
31 negligence, recklessness or intentional misconduct.
32 § 2899-m. Permissible refusals and prohibitions. 1. (a) A physician,
33 nurse, pharmacist, other health care provider or other person shall not
34 be under any duty, by law or contract, to participate in the provision
35 of medication to a patient under this article.
36 (b) If a health care provider is unable or unwilling to participate in
37 the provision of medication to a patient under this article and the
38 patient transfers care to a new health care provider, the prior health
39 care provider shall transfer or arrange for the transfer, upon request,
40 of a copy of the patient's relevant medical records to the new health
41 care provider.
42 2. (a) A private health care facility may prohibit the prescribing,
43 dispensing, ordering or self-administering of medication under this
44 article while the patient is being treated in or while the patient is
45 residing in the health care facility if:
46 (i) the prescribing, dispensing, ordering or self-administering is
47 contrary to a formally adopted policy of the facility that is expressly
48 based on sincerely held religious beliefs or moral convictions central
49 to the facility's operating principles; and
50 (ii) the facility has informed the patient of such policy prior to
51 admission or as soon as reasonably possible.
52 (b) Where a facility has adopted a prohibition under this subdivision,
53 if a patient who wishes to use medication under this article requests,
S. 3947 10
1 the patient shall be transferred promptly to another health care facili-
2 ty that is reasonably accessible under the circumstances and willing to
3 permit the prescribing, dispensing, ordering and self-administering of
4 medication under this article with respect to the patient.
5 3. Where a health care facility has adopted a prohibition under this
6 subdivision, any health care provider or employee or independent
7 contractor of the facility who violates the prohibition may be subject
8 to sanctions otherwise available to the facility, provided the facility
9 has previously notified the health care provider, employee or independ-
10 ent contractor of the prohibition in writing.
11 § 2899-n. Relation to other laws and contracts. 1. (a) A patient who
12 requests medication under this article shall not, because of that
13 request, be considered to be a person who is suicidal, and self-adminis-
14 tering medication under this article shall not be deemed to be suicide,
15 for any purpose.
16 (b) Action taken in accordance with this article shall not be
17 construed for any purpose to constitute suicide, assisted suicide,
18 attempted suicide, promoting a suicide attempt, euthanasia, mercy kill-
19 ing, or homicide under the law, including as an accomplice or accessory
20 or otherwise.
21 2. (a) No provision in a contract, will or other agreement, whether
22 written or oral, to the extent the provision would affect whether a
23 person may make or rescind a request for medication or take any other
24 action under this article, shall be valid.
25 (b) No obligation owing under any contract shall be conditioned or
26 affected by the making or rescinding of a request by a person for medi-
27 cation or taking any other action under this article.
28 3. (a) A person and his or her beneficiaries shall not be denied bene-
29 fits under a life insurance policy for actions taken in accordance with
30 this article.
31 (b) Notwithstanding the provisions of any law or contract, the sale,
32 procurement or issuance of a life or health insurance or annuity policy,
33 or the rate charged for a policy, shall not be conditioned upon or
34 affected by a patient making or rescinding a request for medication
35 under this article.
36 4. An insurer shall not provide any information in communications made
37 to a patient about the availability of medication under this article
38 absent a request by the patient or by his or her attending physician
39 upon the request of such patient. Any communication shall not include
40 both the denial of coverage for treatment and information as to the
41 availability of medication under this article.
42 5. The sale, procurement, or issue of any professional malpractice
43 insurance policy or the rate charged for the policy shall not be condi-
44 tioned upon or affected by whether the insured does or does not take or
45 participate in any action under this article.
46 § 2899-o. Safe disposal of unused medications. A person who has
47 custody or control of any unused medication prescribed under this arti-
48 cle after the death of the qualified individual shall personally deliver
49 the unused medication for disposal to the nearest qualified facility
50 that properly disposes of controlled substances or shall dispose of it
51 by lawful means in accordance with regulations made by the commissioner,
52 regulations made by or guidelines of the commissioner of education, or
53 guidelines of a federal drug enforcement administration approved take-
54 back program. A qualified facility that properly disposes of controlled
55 substances shall accept and dispose of any medication delivered to it as
56 provided hereunder regardless of whether such medication is a controlled
S. 3947 11
1 substance. The commissioner may make regulations as may be appropriate
2 for the safe disposal of unused medications prescribed, dispensed or
3 ordered under this article as provided in this section.
4 § 2899-p. Death certificate. 1. If otherwise authorized by law, the
5 attending physician may sign the qualified individual's death certif-
7 2. The cause of death listed on a qualified individual's death certif-
8 icate who dies after self-administering medication under this article
9 will be the underlying terminal illness or condition.
10 § 2899-q. Reporting. 1. The commissioner shall annually review a
11 sample of the records maintained under sections twenty-eight hundred
12 ninety-nine-j and twenty-eight hundred ninety-nine-p of this article.
13 The commissioner shall adopt regulations establishing reporting require-
14 ments for physicians taking action under this article to determine
15 utilization and compliance with this article. The information collected
16 under this subdivision shall not constitute a public record available
17 for public inspection and shall be confidential and collected and main-
18 tained in a manner that protects the privacy of the patient, his or her
19 family, and any health care provider acting in connection with such
20 patient under this article, except that such information may be
21 disclosed to a governmental agency as authorized or required by law
22 relating to professional discipline, protection of public health or law
24 2. The commissioner shall prepare a report annually containing rele-
25 vant data regarding utilization and compliance with this article and
26 shall send such report to the legislature, and post such report on the
27 department's website.
28 § 2899-r. Penalties. 1. Nothing in this article shall be construed to
29 limit professional discipline or civil liability resulting from conduct
30 in violation of this article, negligent conduct, or intentional miscon-
31 duct by any person.
32 2. Conduct in violation of this article shall be subject to applicable
33 criminal liability under state law, including, where appropriate and
34 without limitation, offenses constituting homicide, forgery, coercion,
35 and related offenses, or federal law.
36 § 2899-s. Severability. If any provision of this article or any appli-
37 cation of any provision of this article, is held to be invalid, or to
38 violate or be inconsistent with any federal law or regulation, that
39 shall not affect the validity or effectiveness of any other provision of
40 this article, or of any other application of any provision of this arti-
41 cle, which can be given effect without that provision or application;
42 and to that end, the provisions and applications of this article are
44 § 3. This act shall take effect immediately.