Vote Smart's Synopsis:

Vote to pass a bill that authorizes the use of lethal drugs for terminally ill patients.

Highlights:

• Authorizes an individual to request aid in dying by (Sec. 5-6A-02):

• Making an initial oral request to the individual’s attending physician;

• After making an initial oral request, making a written request to the individual’s attending physician;

• Making a second oral request to the individual’s attending physician at least;

• 15 days after making the initial oral request; or

• 48 hours after making the written request.

• Prohibits any other individual, including an agent under an advance directive, an attorney-in-fact under a durable power of attorney, a guardian, or a conservator, to request aid in dying on behalf of an individual (Sec. 5-6A-02).

• Requires at least one of the oral requests to be made while the individual is alone with the attending physician (Sec. 5-6A-02).

• Requires that a written request for aid in dying be (Sec. 5-6A-03):

• The same form that is in this bill;

• Signed and Dated by the individual; and

• Witnessed by at least two other individuals who, in the presence of the individual, attest that to their knowledge the individual is of sound mind and acting voluntarily.

• Requires the attending physician, when presented with an individual’s written request, to determine whether the individual (Sec. 5-6A-04):

• Is a qualified individual;

• Has made an informed decision; and

• Has voluntarily requested aid in dying.

• Requires, for the purposes of determining that an individual is a qualified individual, an attending physician is to accept as proof of the individual’s residency in the State (S-6A-04):

• Possession of a valid Maryland driver’s license or identification card issued by the motor vehicle administration;

• Registration to vote in the State;

• Evidence of owning or leasing property in the State;

• A copy of a maryland resident tax return for the most recent tax year; or

• Based on the individual’s treatment history and medical records, the attending physician’s personal knowledge of the individual’s residency in the State.

• Requires the attending physician or the consulting physician to refer to the individual to a licensed mental health professional for a mental health professional assessment, if it is in the medial opinion of the attending physician or the consulting physician that an individual may be suffering from a condition that is causing impaired judgement (Sec. 5-6A-06).

• Defines “aid in dying” as the medical practice of a physician prescribing medication to a qualified individual that the qualified individual may self-administer to bring about the qualified individual’s death (Sec. 5-6A-01).

• Defines “capacity to make medical decisions” as the ability of an individual to (Sec. 5-6A-01):

• Understand the nature and consequences of a healthcare decision;

• Understand the significant benefits, risks, and alternatives of a healthcare decision; and

• Make and communicate an informed decision to healthcare providers, including communication through another individual familiar with the individual’s manner of communicating, if the other individual is available.

Full Bill Text