California
MAID Eligibility Requirements
– At least 18 years old
– Terminal disease that will result in death within six months
– Capacity to make medical decisions
– Voluntary expression of choice, documented pursuant to statutory requirements
– Resident of California
– Physical and mental ability to self-administer the MAID medication
MAID Process
– Attending physician required to determine:
- – the individual’s capacity to make medical decisions
- – if there are indications of mental disorder
- – whether individual has a terminal disease
- – whether the individual made the request voluntarily
- – whether the individual is a “qualified individual” under the statute
– Attending physician is required to confirm with the individual all of the following:
- – their medical diagnosis and prognosis
- – potential risks of ingesting the aid-in-dying drug
- – the probable result of ingesting the aid-in-dying drug
- – the possibility that they may obtain the aid-in-dying drug but not take it
- – feasible alternatives or dditioanl treatment options, including but not limtied to, comfort care, hospice care, palliative care, and pain control
– Attending physician must refer to a consulting physician
– Attending physician must confirm that the request does not arise from coercion or undue influence
– Attending physician must counsel the individual on the importants of all of the following:
- – having another person present during ingestion
- – not ingesting the drug in a public place
- – notifying next of kin of their request for an aid-in-dying drug
- – participation in hospice
- – maintaining the drug in a safe and secure location
– Physician shall refer the individual for mental health specialist assessment if there are indications of a mental disorder
– Attending physician must inform the individual that they can withdraw or rescind a request at any time, and must directly offer the patient an opportunity to rescind request
– Immediately before writing a prescription, the attending physician must verify that the individual is making an informed decision
– Consulting phsysician must:
- – examine the individual
- – medically confirm diagnosis and prognosis
- – .determine that the individual has capacity to make medical decisions, is acting voluntarily, and has made an informed decsion
- – refer to a mental health specialist if their are indiciations of a mental disorder, and
- – determine that the individual has that the individual has complied with the law
– 2 oral requests, with a 48 hour interval between each request
– 1 written request
- – must be witnessed by 2 individuals who, in the presence of the individual, attest to the best of their knowledge and belief that the individual: is personally known to them or has provided proof of identity, voluntarily signed the request, is of sound mind, is not under duress, fraud, or undue influence, and is not an individual for whom they are the attending physician, consulting physician, or mental health specialist
- – identity of witnesses must meet statuory requirements
SOURCES
End of Life, S.B. 380 (2021)
End of Life, A.B. 15 (2015)
End of Life Choices California
