TN CONA 2011

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Lindsey's Proposal

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1 Lindsey's Proposal on Thu May 19, 2011 2:12 pm

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TITLE:
AN ACT TO NATIONALIZE THE OREGON DEATH WITH DIGNITY ACT

MAJOR AREAS TO BE AFFECTED:
Medical practices and regulations



JUSTIFICATION:
An adult of sound mind should have the right to make his or her own decisions. Current practices do not allow men and women suffering from terminal diseases to end their lives in a humane and dignified manner. It is a person’s right to be able to govern his own life and when to end it, particularly when the person suffers from a condition that results in a significant loss of quality of life.



PROPOSAL FOR ACTION :
Section 1: Terms used in this act, unless the context requires otherwise, shall be defined as follows:

a. “Adult” is defined as an individual who is 18 years of age or older.
b. “Informed decision” is defined as 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: 1. His or her medical diagnosis; 2. His or her prognosis; 3. The potential risks associated with taking the medication to be prescribed; 4. The probable result of taking the medication to be prescribed; and 5. The feasible alternatives, including, but not limited to, comfort care, hospice care and pain control.
c. “Qualified patient” is defined as a capable adult who is a resident of the United States and has satisfied the requirements of the Death With Dignity Act in order to obtain a prescription for medication to end his or her life in a humane and dignified manner.
d. “Terminal disease” is defined as an incurable and irreversible disease that has been medically confirmed and will, within reasonable medical judgment, produce death within six months.

Section 2: Those eligible to initiate a written request for medication include an adult who is capable 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. Note that no person shall qualify solely because of age or disability.

Section 3: 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. Immediately prior to writing a prescription for medication, the attending physician shall verify that the patient is making an informed decision.

Section 4: 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 may be written without the attending physician offering the qualified patient an opportunity to rescind the request.

Section 5: This act shall not require any funding from the United States government.

Section 6: All laws and parts of laws in conflict with this act shall be repealed upon passage.

Section 7: This act shall take effect on January 1, 2012.



RESULTS TO BE EXPECTED :
Adults suffering from terminal diseases will gain new rights that allow them to have control over their lives and a dignified method through which to end their lives if they consider their current condition to be intolerable.

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