Signed by Governor Phil Murphy

Vote Smart's Synopsis:

Vote to pass a bill that authorizes medical aid in dying.

Highlights:

• Requires a defined and safeguarded process for the public welfare in order to effectuate the purposes of this act, which will (Sec. 2):

• Guide health care providers and patient advocates who provide support to dying patients;

• Assist capable, terminally ill patients who request compassionate medical aid in dying;

• Protect vulnerable adults from abuse; and

• Ensure that the process is entirely voluntary on the part of all participants, including patients and those health care providers that are providing care to dying patients.

• Authorizes a terminally ill patient to make a written request for medication that the patient can choose to self-administer, if the patient (Sec. 4):

• Is an adult resident of New Jersey;

• Is capable and has been determined to by the patient’s attending physician and a consulting physician to be terminally ill; and

• Has voluntarily expressed a wish to receive a prescription for medication.

• Requires a valid written request for medication to be signed and dated by the patient and witnessed by a least two individuals who, in the patient’s presence, attest that, to the best of their knowledge and belief, the patient is capable and is acting voluntarily to sign the request (Sec. 5).

• Prohibits a patient from being considered a qualified terminally ill patient until a consulting physician has (Sec. 7):

• Examined the patient and the patient’s relevant medical records;

• Confirmed, in writing, and in the attending physician’s diagnosis, that the patient is terminally ill; and

• Verified that the patient is capable, is acting voluntarily, and has made an informed decision to request medication that, if prescribed, the patient can choose to self-administer.

• Requires the physician to refer the patient to a mental health care professional to determine whether the patient is capable, if the medical opinion of the attending physician or the consulting physician is that the patient is not mentally capable (Sec. 8).

• Prohibits an attending physician from writing a prescription for medication, if a patient has been referred to a mental health care professional, unless the attending physician has been notified in writing by the mental health care professional of that individual’s determination that the patient is capable (Sec. 8).

• Requires the attending physician to recommend to the qualified terminally ill patient that they notify the patient’s next of kin before the physician may grant the patient’s request for medication that the patient may then choose to self-administer (Sec. 9).

• Requires any medication dispensed to a qualified terminally ill patient that chooses not to self-administer, be disposed of by lawful means, including, but not limited to, disposing of the medication consistent with state and federal guidelines concerning disposal of prescription medications, or surrendering the medication to a prescription medication drop off receptacle (Sec. 12).

• Prohibits an individual from being considered to be a qualified terminally ill patient solely because of the individual’s age or disability, or a diagnosis of any illness, disease, or condition (Sec. 3).

• Defines “terminally ill” as the patient being in the terminal stage of an irreversible fatal illness, disease, or condition with a prognosis, based upon reasonable medical certainty, of a life expectancy of six months or less (Sec. 3).

• Defines “qualified terminally ill patient” as a capable adult who is a resident of New Jersey and has satisfied the requirements to obtain a prescription for medication (Sec. 3).

• Defines “self-administer” as a qualified terminally patient’s act to physically administer, to the patient’s own self, medication that has been prescribed (Sec. 3).

• Defines “informed decision” as a decision by a qualified terminally ill patient to request and obtain a prescription for medication that the patient may choose to self-administer to end the patient’s life in a humane and dignified manner, which is based on an appreciation of the relevant facts and after being fully informed by the attending physician of (Sec. 3):

• The patient’s medical diagnosis;

• The patient’s prognosis;

• The potential risks associated with taking the medication to be prescribed;

• The probable result of taking the medication to be prescribed; and

• The feasible alternatives to taking the medication, including by not limited to, concurrent or additional treatment opportunities, palliative care, comfort care, hospice care, and pain control.

• Defines “attending physician” as a physician licensed pursuant to Title 45 of the Revised Status who has primary responsibility for the treatment and care of a qualified terminally ill patient and treatment of the patient’s illness, disease, or condition (Sec. 3).

• Defines “consulting physician”as a physician licensed pursuant to Title 45 of the Revised Statutes who is qualified y specialty or experience to make a professional diagnosis and prognosis regarding a patient’s illness, disease, or condition (Sec. 3).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that authorizes medical aid in dying.

Highlights:

• Requires a defined and safeguarded process for the public welfare in order to effectuate the purposes of this act, which will (Sec. 2):

• Guide health care providers and patient advocates who provide support to dying patients;

• Assist capable, terminally ill patients who request compassionate medical aid in dying;

• Protect vulnerable adults from abuse; and

• Ensure that the process is entirely voluntary on the part of all participants, including patients and those health care providers that are providing care to dying patients.

• Authorizes a terminally ill patient to make a written request for medication that the patient can choose to self-administer, if the patient (Sec. 4):

• Is an adult resident of New Jersey;

• Is capable and has been determined to by the patient’s attending physician and a consulting physician to be terminally ill; and

• Has voluntarily expressed a wish to receive a prescription for medication.

• Requires a valid written request for medication to be signed and dated by the patient and witnessed by a least two individuals who, in the patient’s presence, attest that, to the best of their knowledge and belief, the patient is capable and is acting voluntarily to sign the request (Sec. 5).

• Prohibits a patient from being considered a qualified terminally ill patient until a consulting physician has (Sec. 7):

• Examined the patient and the patient’s relevant medical records;

• Confirmed, in writing, and in the attending physician’s diagnosis, that the patient is terminally ill; and

• Verified that the patient is capable, is acting voluntarily, and has made an informed decision to request medication that, if prescribed, the patient can choose to self-administer.

• Requires the physician to refer the patient to a mental health care professional to determine whether the patient is capable, if the medical opinion of the attending physician or the consulting physician is that the patient is not mentally capable (Sec. 8).

• Prohibits an attending physician from writing a prescription for medication, if a patient has been referred to a mental health care professional, unless the attending physician has been notified in writing by the mental health care professional of that individual’s determination that the patient is capable (Sec. 8).

• Requires the attending physician to recommend to the qualified terminally ill patient that they notify the patient’s next of kin before the physician may grant the patient’s request for medication that the patient may then choose to self-administer (Sec. 9).

• Requires any medication dispensed to a qualified terminally ill patient that chooses not to self-administer, be disposed of by lawful means, including, but not limited to, disposing of the medication consistent with state and federal guidelines concerning disposal of prescription medications, or surrendering the medication to a prescription medication drop off receptacle (Sec. 12).

• Prohibits an individual from being considered to be a qualified terminally ill patient solely because of the individual’s age or disability, or a diagnosis of any illness, disease, or condition (Sec. 3).

• Defines “terminally ill” as the patient being in the terminal stage of an irreversible fatal illness, disease, or condition with a prognosis, based upon reasonable medical certainty, of a life expectancy of six months or less (Sec. 3).

• Defines “qualified terminally ill patient” as a capable adult who is a resident of New Jersey and has satisfied the requirements to obtain a prescription for medication (Sec. 3).

• Defines “self-administer” as a qualified terminally patient’s act to physically administer, to the patient’s own self, medication that has been prescribed (Sec. 3).

• Defines “informed decision” as a decision by a qualified terminally ill patient to request and obtain a prescription for medication that the patient may choose to self-administer to end the patient’s life in a humane and dignified manner, which is based on an appreciation of the relevant facts and after being fully informed by the attending physician of (Sec. 3):

• The patient’s medical diagnosis;

• The patient’s prognosis;

• The potential risks associated with taking the medication to be prescribed;

• The probable result of taking the medication to be prescribed; and

• The feasible alternatives to taking the medication, including by not limited to, concurrent or additional treatment opportunities, palliative care, comfort care, hospice care, and pain control.

• Defines “attending physician” as a physician licensed pursuant to Title 45 of the Revised Status who has primary responsibility for the treatment and care of a qualified terminally ill patient and treatment of the patient’s illness, disease, or condition (Sec. 3).

• Defines “consulting physician”as a physician licensed pursuant to Title 45 of the Revised Statutes who is qualified y specialty or experience to make a professional diagnosis and prognosis regarding a patient’s illness, disease, or condition (Sec. 3).

Full Bill Text