Can someone find me the actual legislative bill against voluntary active euthanasia in the US?

I'm in this program that requires you to make a bill, either create a new one, amend an already existing on, or repeal an already existing. For my bill, I'm trying to repeal the law that makes VAE[voluntary active euthanasia] or physician assisted suicide illegal. The only problem is that I can't find the bill that says it's illegal. If you could find me the legislative bill that actually says it I would be extremely thankful.

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  • 1 decade ago
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    Here you go:

    THE OREGON DEATH WITH DIGNITY ACT

    OREGON REVISED STATUTES

    (General Provisions)

    (Section 1)

    Note: The division headings, subdivision headings and leadlines for 127.800 to

    127.890, 127.895 and 127.897 were enacted as part of Ballot Measure 16 (1994) and

    were not provided by Legislative Counsel.

    127.800 §1.01. Definitions. The following words and phrases, whenever used in

    ORS 127.800 to 127.897, have the following meanings:

    (1) "Adult" means an individual who is 18 years of age or older.

    (2) "Attending physician" means the physician who has primary responsibility for the

    care of the patient and treatment of the patient’s terminal disease.

    (3) "Capable" means that in the opinion of a court or in the opinion of the patient’s

    attending physician or consulting physician, psychiatrist or psychologist, a patient has

    the ability to make and communicate health care decisions to health care providers,

    including communication through persons familiar with the patient’s manner of

    communicating if those persons are available.

    (4) "Consulting physician" means a physician who is qualified by specialty or experience

    to make a professional diagnosis and prognosis regarding the patient’s disease.

    (5) "Counseling" means one or more consultations as necessary between a state

    licensed psychiatrist or psychologist and a patient for the purpose of determining that

    the patient is capable and not suffering from a psychiatric or psychological disorder or

    depression causing impaired judgment.

    (6) "Health care provider" means a person licensed, certified or otherwise authorized or

    permitted by the law of this state to administer health care or dispense medication in

    the ordinary course of business or practice of a profession, and includes a health care

    facility.

    (7) "Informed decision" means a decision by a qualified patient, to request and obtain a

    prescription to end his or her life in a humane and dignified manner, that is based on an

    appreciation of the relevant facts and after being fully informed by the attending

    physician of:

    (a) His or her medical diagnosis;

    (b) His or her prognosis;

    (c) The potential risks associated with taking the medication to be prescribed;

    (d) The probable result of taking the medication to be prescribed; and

    (e) The feasible alternatives, including, but not limited to, comfort care, hospice care

    and pain control.

    (8) "Medically confirmed" means the medical opinion of the attending physician has

    been confirmed by a consulting physician who has examined the patient and the

    patient’s relevant medical records.

    (9) "Patient" means a person who is under the care of a physician.

    (10) "Physician" means a doctor of medicine or osteopathy licensed to practice

    medicine by the Board of Medical Examiners for the State of Oregon.

    (11) "Qualified patient" means a capable adult who is a resident of Oregon and has

    satisfied the requirements of ORS 127.800 to 127.897 in order to obtain a prescription

    for medication to end his or her life in a humane and dignified manner.

    (12) "Terminal disease" means an incurable and irreversible disease that has been

    medically confirmed and will, within reasonable medical judgment, produce death within

    six months. [1995 c.3 §1.01; 1999 c.423 §1]

    (Written Request for Medication to End One’s Life in a Humane and Dignified Manner)

    (Section 2)

    127.805 §2.01. Who may initiate a written request for medication. (1) An adult

    who is capable, is a resident of Oregon, and has been determined by the attending

    physician and consulting physician to be suffering from a terminal disease, and who has

    voluntarily expressed his or her wish to die, may make a written request for medication

    for the purpose of ending his or her life in a humane and dignified manner in

    accordance with ORS 127.800 to 127.897.

    (2) No person shall qualify under the provisions of ORS 127.800 to 127.897 solely

    because of age or disability. [1995 c.3 §2.01; 1999 c.423 §2]

    127.810 §2.02. Form of the written request. (1) A valid request for medication

    under ORS 127.800 to 127.897 shall be in substantially the form described in ORS

    127.897, signed and dated by the patient and witnessed by at least two individuals

    who, in the presence of the patient, attest that to the best of their knowledge and belief

    the patient is capable, acting voluntarily, and is not being coerced to sign the request.

    (2) One of the witnesses shall be a person who is not:

    (a) A relative of the patient by blood, marriage or adoption;

    (b) A person who at the time the request is signed would be entitled to any portion of

    the estate of the qualified patient upon death under any will or by operation of law; or

    (c) An owner, operator or employee of a health care facility where the qualified patient

    is receiving medical treatment or is a resident.

    (3) The patient’s attending physician at the time the request is signed shall not be a

    witness.

    (4) If the patient is a patient in a long term care facility at the time the written request

    is made, one of the witnesses shall be an individual designated by the facility and

    having the qualifications specified by the Department of Human Services by rule. [1995

    c.3 §2.02]

    (Safeguards)

    (Section 3)

    127.815 §3.01. Attending physician responsibilities. (1) The attending physician

    shall:

    (a) Make the initial determination of whether a patient has a terminal disease, is

    capable, and has made the request voluntarily;

    (b) Request that the patient demonstrate Oregon residency pursuant to ORS 127.860;

    (c) To ensure that the patient is making an informed decision, inform the patient of:

    (A) His or her medical diagnosis;

    (B) His or her prognosis;

    (C) The potential risks associated with taking the medication to be prescribed;

    (D) The probable result of taking the medication to be prescribed; and

    (E) The feasible alternatives, including, but not limited to, comfort care, hospice care

    and pain control;

    (d) Refer the patient to a consulting physician for medical confirmation of the diagnosis,

    and for a determination that the patient is capable and acting voluntarily;

    (e) Refer the patient for counseling if appropriate pursuant to ORS 127.825;

    (f) Recommend that the patient notify next of kin;

    (g) Counsel the patient about the importance of having another person present when

    the patient takes the medication prescribed pursuant to ORS 127.800 to 127.897 and of

    not taking the medication in a public place;

    (h) Inform the patient that he or she has an opportunity to rescind the request at any

    time and in any manner, and offer the patient an opportunity to rescind at the end of

    the 15 day waiting period pursuant to ORS 127.840;

    (i) Verify, immediately prior to writing the prescription for medication under ORS

    127.800 to 127.897, that the patient is making an informed decision;

    (j) Fulfill the medical record documentation requirements of ORS 127.855;

    (k) Ensure that all appropriate steps are carried out in accordance with ORS 127.800 to

    127.897 prior to writing a prescription for medication to enable a qualified patient to

    end his or her life in a humane and dignified manner; and

    (L)(A) Dispense medications directly, including ancillary medications intended to

    facilitate the desired effect to minimize the patient’s discomfort, provided the attending

    physician is registered as a dispensing physician with the Board of Medical Examiners,

    has a current Drug Enforcement Administration certificate and complies with any

    applicable administrative rule; or

    (B) With the patient’s written consent:

    (i) Contact a pharmacist and inform the pharmacist of the prescription; and

    (ii) Deliver the written prescription personally or by mail to the pharmacist, who will

    dispense the medications to either the patient, the attending physician or an expressly

    identified agent of the patient.

    (2) Notwithstanding any other provision of law, the attending physician may sign the

    patient’s death certificate. [1995 c.3 §3.01; 1999 c.423 §3]

    127.820 §3.02. Consulting physician confirmation. Before a patient is qualified

    under ORS 127.800 to 127.897, a consulting physician shall examine the patient and his

    or her relevant medical records and confirm, in writing, the attending physician’s

    diagnosis that the patient is suffering from a terminal disease, and verify that the

    patient is capable, is acting voluntarily and has made an informed decision. [1995 c.3

    §3.02]

    127.825 §3.03. Counseling referral. If in the opinion of the attending physician or

    the consulting physician a patient may be suffering from a psychiatric or psychological

    disorder or depression causing impaired judgment, either physician shall refer the

    patient for counseling. No medication to end a patient’s life in a humane and dignified

    manner shall be prescribed until the person performing the counseling determines that

    the patient is not suffering from a psychiatric or psychological disorder or depression

    causing impaired judgment. [1995 c.3 §3.03; 1999 c.423 §4]

    127.830 §3.04. Informed decision. No person shall receive a prescription for

    medication to end his or her life in a humane and dignified manner unless he or she has

    made an informed decision as defined in ORS 127.800 (7). Immediately prior to writing

    a prescription for medication under ORS 127.800 to 127.897, the attending physician

    shall verify that the patient is making an informed decision. [1995 c.3 §3.04]

    127.835 §3.05. Family notification. The attending physician shall recommend that

    the patient notify the next of kin of his or her request for medication pursuant to ORS

    127.800 to 127.897. A patient who declines or is unable to notify next of kin shall not

    have his or her request denied for that reason. [1995 c.3 §3.05; 1999 c.423 §6]

    127.840 §3.06. Written and oral requests. In order to receive a prescription for

    medication to end his or her life in a humane and dignified manner, a qualified patient

    shall have made an oral request and a written request, and reiterate the oral request to

    his or her attending physician no less than fifteen (15) days after making the initial oral

    request. At the time the qualified patient makes his or her second oral request, the

    attending physician shall offer the patient an opportunity to rescind the request. [1995

    c.3 §3.06]

    127.845 §3.07. Right to rescind request. A patient may rescind his or her request

    at any time and in any manner without regard to his or her mental state. No

    prescription for medication under ORS 127.800 to 127.897 may be written without the

    attending physician offering the qualified patient an opportunity to rescind the request.

    [1995 c.3 §3.07]

    127.850 §3.08. Waiting periods. No less than fifteen (15) days shall elapse

    between the patient’s initial oral request and the writing of a prescription under ORS

    127.800 to 127.897. No less than 48 hours shall elapse between the patient’s written

    request and the writing of a prescription under ORS 127.800 to 127.897. [1995 c.3

    §3.08]

    127.855 §3.09. Medical record documentation requirements. The following

    shall be documented or filed in the patient’s medical record:

    (1) All oral requests by a patient for medication to end his or her life in a humane and

    dignified manner;

    (2) All written requests by a patient for medication to end his or her life in a humane

    and dignified manner;

    (3) The attending physician’s diagnosis and prognosis, determination that the patient is

    capable, acting voluntarily and has made an informed decision;

    (4) The consulting physician’s diagnosis and prognosis, and verification that the patient

    is capable, acting voluntarily and has made an informed decision;

    (5) A report of the outcome and determinations made during counseling, if performed;

    (6) The attending physician’s offer to the patient to rescind his or her request at the

    time of the patient’s second oral request pursuant to ORS 127.840; and

    (7) A note by the attending physician indicating that all requirements under ORS

    127.800 to 127.897 have been met and indicating the steps taken to carry out the

    request, including a notation of the medication prescribed. [1995 c.3 §3.09]

    127.860 §3.10. Residency requirement. Only requests made by Oregon residents

    under ORS 127.800 to 127.897 shall be granted. Factors demonstrating Oregon

    residency include but are not limited to:

    (1) Possession of an Oregon driver license;

    (2) Registration to vote in Oregon;

    (3) Evidence that the person owns or leases property in Oregon; or

    (4) Filing of an Oregon tax return for the most recent tax year. [1995 c.3 §3.10; 1999

    c.423 §8]

    127.865 §3.11. Reporting requirements. (1)(a) The Department of Human

    Services shall annually review a sample of records maintained pursuant to ORS 127.800

    to 127.897.

    (b) The department shall require any health care provider upon dispensing medication

    pursuant to ORS 127.800 to 127.897 to file a copy of the dispensing record with the

    department.

    (2) The department shall make rules to facilitate the collection of information regarding

    compliance with ORS 127.800 to 127.897. Except as otherwise required by law, the

    information collected shall not be a public record and may not be made available for

    inspection by the public.

    (3) The department shall generate and make available to the public an annual statistical

    report of information collected under subsection (2) of this section. [1995 c.3 §3.11;

    1999 c.423 §9; 2001 c.104 §40]

    127.870 §3.12. Effect on construction of wills, contracts and statutes. (1) No

    provision in a contract, will or other agreement, whether written or oral, to the extent

    the provision would affect whether a person may make or rescind a request for

    medication to end his or her life in a humane and dignified manner, shall be valid.

    (2) No obligation owing under any currently existing contract shall be conditioned or

    affected by the making or rescinding of a request, by a person, for medication to end

    his or her life in a humane and dignified manner. [1995 c.3 §3.12]

    127.875 §3.13. Insurance or annuity policies. The sale, procurement, or issuance

    of any life, health, or accident insurance or annuity policy or the rate charged for any

    policy shall not be conditioned upon or affected by the making or rescinding of a

    request, by a person, for medication to end his or her life in a humane and dignified

    manner. Neither shall a qualified patient’s act of ingesting medication to end his or her

    life in a humane and dignified manner have an effect upon a life, health, or accident

    insurance or annuity policy. [1995 c.3 §3.13]

    127.880 §3.14. Construction of Act. Nothing in ORS 127.800 to 127.897 shall be

    construed to authorize a physician or any other person to end a patient’s life by lethal

    injection, mercy killing or active euthanasia. Actions taken in accordance with ORS

    127.800 to 127.897 shall not, for any purpose, constitute suicide, assisted suicide,

    mercy killing or homicide, under the law. [1995 c.3 §3.14]

    (Immunities and Liabilities)

    (Section 4)

    127.885 §4.01. Immunities; basis for prohibiting health care provider from

    participation; notification; permissible sanctions. Except as provided in ORS

    127.890:

    (1) No person shall be subject to civil or criminal liability or professional disciplinary

    action for participating in good faith compliance with ORS 127.800 to 127.897. This

    includes being present when a qualified patient takes the prescribed medication to end

    his or her life in a humane and dignified manner.

    (2) No professional organization or association, or health care provider, may subject a

    person to censure, discipline, suspension, loss of license, loss of privileges, loss of

    membership or other penalty for participating or refusing to participate in good faith

    compliance with ORS 127.800 to 127.897.

    (3) No request by a patient for or provision by an attending physician of medication in

    good faith compliance with the provisions of ORS 127.800 to 127.897 shall constitute

    neglect for any purpose of law or provide the sole basis for the appointment of a

    guardian or conservator.

    (4) No health care provider shall be under any duty, whether by contract, by statute or

    by any other legal requirement to participate in the provision to a qualified patient of

    medication to end his or her life in a humane and dignified manner. If a health care

    provider is unable or unwilling to carry out a patient’s request under ORS 127.800 to

    127.897, and the patient transfers his or her care to a new health care provider, the

    prior health care provider shall transfer, upon request, a copy of the patient’s relevant

    medical records to the new health care provider.

    (5)(a) Notwithstanding any other provision of law, a health care provider may prohibit

    another health care provider from participating in ORS 127.800 to 127.897 on the

    premises of the prohibiting provider if the prohibiting provider has notified the health

    care provider of the prohibiting provider’s policy regarding participating in ORS 127.800

    to 127.897. Nothing in this paragraph prevents a health care provider from providing

    health care services to a patient that do not constitute participation in ORS 127.800 to

    127.897.

    (b) Notwithstanding the provisions of subsections (1) to (4) of this section, a health

    care provider may subject another health care provider to the sanctions stated in this

    paragraph if the sanctioning health care provider has notified the sanctioned provider

    prior to participation in ORS 127.800 to 127.897 that it prohibits participation in ORS

    127.800 to 127.897:

    (A) Loss of privileges, loss of membership or other sanction provided pursuant to the

    medical staff bylaws, policies and procedures of the sanctioning health care provider if

    the sanctioned provider is a member of the sanctioning provider’s medical staff and

    participates in ORS 127.800 to 127.897 while on the health care facility premises, as

    defined in ORS 442.015, of the sanctioning health care provider, but not including the

    private medical office of a physician or other provider;

    (B) Termination of lease or other property contract or other nonmonetary remedies

    provided by lease contract, not including loss or restriction of medical staff privileges or

    exclusion from a provider panel, if the sanctioned provider participates in ORS 127.800

    to 127.897 while on the premises of the sanctioning health care provider or on property

    that is owned by or under the direct control of the sanctioning health care provider; or

    (C) Termination of contract or other nonmonetary remedies provided by contract if the

    sanctioned provider participates in ORS 127.800 to 127.897 while acting in the course

    and scope of the sanctioned provider’s capacity as an employee or independent

    contractor of the sanctioning health care provider. Nothing in this subparagraph shall be

    construed to prevent:

    (i) A health care provider from participating in ORS 127.800 to 127.897 while acting

    outside the course and scope of the provider’s capacity as an employee or independent

    contractor; or

    (ii) A patient from contracting with his or her attending physician and consulting

    physician to act outside the course and scope of the provider’s capacity as an employee

    or independent contractor of the sanctioning health care provider.

    (c) A health care provider that imposes sanctions pursuant to paragraph (b) of this

    subsection must follow all due process and other procedures the sanctioning health care

    provider may have that are related to the imposition of sanctions on another health

    care provider.

    (d) For purposes of this subsection:

    (A) "Notify" means a separate statement in writing to the health care provider

    specifically informing the health care provider prior to the provider’s participation in

    ORS 127.800 to 127.897 of the sanctioning health care provider’s policy about

    participation in activities covered by ORS 127.800 to 127.897.

    (B) "Participate in ORS 127.800 to 127.897" means to perform the duties of an

    attending physician pursuant to ORS 127.815, the consulting physician function

    pursuant to ORS 127.820 or the counseling function pursuant to ORS 127.825.

    "Participate in ORS 127.800 to 127.897" does not include:

    (i) Making an initial determination that a patient has a terminal disease and informing

    the patient of the medical prognosis;

    (ii) Providing information about the Oregon Death with Dignity Act to a patient upon the

    request of the patient;

    (iii) Providing a patient, upon the request of the patient, with a referral to another

    physician; or

    (iv) A patient contracting with his or her attending physician and consulting physician to

    act outside of the course and scope of the provider’s capacity as an employee or

    independent contractor of the sanctioning health care provider.

    (6) Suspension or termination of staff membership or privileges under subsection (5) of

    this section is not reportable under ORS 441.820. Action taken pursuant to ORS

    127.810, 127.815, 127.820 or 127.825 shall not be the sole basis for a report of

    unprofessional or dishonorable conduct under ORS 677.415 (2) or (3).

    (7) No provision of ORS 127.800 to 127.897 shall be construed to allow a lower

    standard of care for patients in the community where the patient is treated or a similar

    community. [1995 c.3 §4.01; 1999 c.423 §10]

    Note: As originally enacted by the people, the leadline to section 4.01 read

    "Immunities." The remainder of the leadline was added by editorial action.

    127.890 §4.02. Liabilities. (1) A person who without authorization of the patient

    willfully alters or forges a request for medication or conceals or destroys a rescission of

    that request with the intent or effect of causing the patient’s death shall be guilty of a

    Class A felony.

    (2) A person who coerces or exerts undue influence on a patient to request medication

    for the purpose of ending the patient’s life, or to destroy a rescission of such a request,

    shall be guilty of a Class A felony.

    (3) Nothing in ORS 127.800 to 127.897 limits further liability for civil damages resulting

    from other negligent conduct or intentional misconduct by any person.

    (4) The penalties in ORS 127.800 to 127.897 do not preclude criminal penalties

    applicable under other law for conduct which is inconsistent with the provisions of ORS

    127.800 to 127.897. [1995 c.3 §4.02]

    127.892 Claims by governmental entity for costs incurred. Any governmental

    entity that incurs costs resulting from a person terminating his or her life pursuant to

    the provisions of ORS 127.800 to 127.897 in a public place shall have a claim against

    the estate of the person to recover such costs and reasonable attorney fees related to

    enforcing the claim. [1999 c.423 §5a]

    (Severability)

    (Section 5)

    127.895 §5.01. Severability. Any section of ORS 127.800 to 127.897 being held

    invalid as to any person or circumstance shall not affect the application of any other

    section of ORS 127.800 to 127.897 which can be given full effect without the invalid

    section or application. [1995 c.3 §5.01]

    (Form of the Request)

    (Section 6)

    127.897 §6.01. Form of the request. A request for a medication as authorized by

    ORS 127.800 to 127.897 shall be in substantially the following form:

    _______________________________________________________________________

    _______

    REQUEST FOR MEDICATION

    TO END MY LIFE IN A HUMANE

    AND DIGNIFIED MANNER

    I, ______________________, am an adult of sound mind.

    I am suffering from _________, which my attending physician has determined is a

    terminal disease and which has been medically confirmed by a consulting physician.

    I have been fully informed of my diagnosis, prognosis, the nature of medication to be

    prescribed and potential associated risks, the expected result, and the feasible

    alternatives, including comfort care, hospice care and pain control.

    I request that my attending physician prescribe medication that will end my life in a

    humane and dignified manner.

    INITIAL ONE:

    ______ I have informed my family of my decision and taken their opinions into

    consideration.

    ______ I have decided not to inform my family of my decision.

    ______ I have no family to inform of my decision.

    I understand that I have the right to rescind this request at any time.

    I understand the full import of this request and I expect to die when I take the

    medication to be prescribed. I further understand that although most deaths occur

    within three hours, my death may take longer and my physician has counseled me

    about this possibility.

    I make this request voluntarily and without reservation, and I accept full moral

    responsibility for my actions.

    Signed: _______________

    Dated: _______________

    DECLARATION OF WITNESSES

    We declare that the person signing this request:

    (a) Is personally known to us or has provided proof of identity;

    (b) Signed this request in our presence;

    (c) Appears to be of sound mind and not under duress, fraud or undue influence;

    (d) Is not a patient for whom either of us is attending physician.

    ______________Witness 1/Date

    ______________Witness 2/Date

    NOTE: One witness shall not be a relative (by blood, marriage or adoption) of the

    person signing this request, shall not be entitled to any portion of the person’s estate

    upon death and shall not own, operate or be employed at a health care facility where

    the person is a patient or resident. If the patient is an inpatient at a health care facility,

    one of the witnesses shall be an individual designated by the facility.

    _______________________________________________________________________

    _______

    [1995 c.3 §6.01; 1999 c.423 §11]

    PENALTIES

    127.990: [Formerly part of 97.990; repealed by 1993 c.767 §29]

    127.995 Penalties. (1) It shall be a Class A felony for a person without authorization

    of the principal to willfully alter, forge, conceal or destroy an instrument, the

    reinstatement or revocation of an instrument or any other evidence or document

    reflecting the principal’s desires and interests, with the intent and effect of causing a

    withholding or withdrawal of life-sustaining procedures or of artificially administered

    nutrition and hydration which hastens the death of the principal.

    (2) Except as provided in subsection (1) of this section, it shall be a Class A

    misdemeanor for a person without authorization of the principal to willfully alter, forge,

    conceal or destroy an instrument, the reinstatement or revocation of an instrument, or

    any other evidence or document reflecting the principal’s desires and interests with the

    intent or effect of affecting a health care decision. [Formerly 127.585

  • 1 decade ago

    The euthanasia shouldn't exist.

    This is a crime!

    Bye!

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