SB 1196

Bill Subjects

Abstract

Existing law, the End of Life Option Act, until January 1, 2031, authorizes an adult who meets certain qualifications, including, among other things, being a resident of the State of California, and who has been determined by their attending physician to be suffering from a terminal disease, as defined, to make a request for an aid-in-dying drug for the purpose of ending their life. Existing law establishes the procedures for making these requests, including that 2 oral requests be made a minimum of 48 hours apart and that a specified form to request an aid-in-dying drug be submitted, under specified circumstances. Existing law requires specified information to be documented in the individual's medical record, including, among other things, all oral and written requests for an aid-in-dying drug. Existing law prescribes specified forms that attending and consulting physicians are required to submit to the State Department of Public Health and authorizes the Medical Board of California to update these forms. This bill would replace the term "terminal disease" for purposes of the act with "grievous and irremediable medical condition," defined as a medical condition that (1) is a serious and incurable illness or disease, (2) has placed the individual in a state of irreversible decline in capability and the individual's suffering is palpable without prospect of improvement, (3) is causing the individual to endure physical suffering due to the illness, disease, or state of decline that is intolerable to the individual and cannot be relieved in a manner the individual deems acceptable, and there is no proven treatment for the individual's situation that the individual has not attempted or is willing to attempt due to the nature or side effects of the treatment, and (4) after taking into account all of the individual's medical circumstances, it is reasonably foreseeable that the condition will become the individual's natural cause of death, as specified. The bill would, for purposes of the act, include a diagnosis of dementia as a grievous and irremediable medical condition, if the individual meets specified capacity requirements. The bill would specify that a sole diagnosis of a mental disorder is not a grievous and irremediable medical condition. The bill would also expand the definition of "mental health specialist" to include neurologists. The bill would additionally authorize the self-administration of an aid-in-dying drug through intravenous injection. The bill would repeal the January 1, 2031, expiration date of the act, thereby imposing a state-mandated local program by extending the operation of crimes for specified violations of the act. The bill would make certain technical, nonsubstantive changes to these provisions. The bill would delete the prescribed forms described above and instead require the Medical Board of California to develop and update an attending physician compliance form, a consulting physician form, and an attending physician followup form that meet certain requirements and include specified information. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.