BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON HEALTH
                          Senator Ed Hernandez, O.D., Chair

          BILL NO:                    SB 128    
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          |AUTHOR:        |Wolk and Monning                               |
          |---------------+-----------------------------------------------|
          |VERSION:       |March 17, 2015                                 |
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          |HEARING DATE:  |March 25, 2015 |               |               |
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          |CONSULTANT:    |Teri Boughton                                  |
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           SUBJECT  :  End of life

           SUMMARY  :  Permits a competent, qualified individual who is a  
          terminally ill adult to receive a prescription for aid in dying  
          medication if certain conditions are met, such as two oral  
          requests, a minimum of 15 days apart, and a written request  
          signed by two witnesses, is provided to his or her attending  
          physician, the attending physician refers the patient to a  
          consulting physician to confirm diagnosis and competency of the  
          patient, and the attending physician refers the patient for  
          counseling, if appropriate. Protects a person from civil or  
          criminal liability, or professional disciplinary action, for  
          participating in good faith compliance with this bill.  Permits  
          a person or entity that elects, for reasons of conscience,  
          morality, or ethics, not to engage in activities authorized  
          pursuant to this bill.  Makes it a felony to knowingly alter or  
          forge a request for medication to end an individual's life  
          without his or her authorization or concealing or destroying a  
          rescission of a request for medication if the act is done with  
          the intent or effect of causing the individual's death.  Makes  
          it a felony to knowingly coerce or exert undue influence on an  
          individual to request medication for the purpose of ending his  
          or her life.

          Existing law:
          1.Establishes requirements for health care providers when a  
            provider makes a diagnosis that a patient has a terminal  
            illness, including that the patient has a right to  
            comprehensive information and counseling regarding legal end  
            of life options.  

          2.Requires the comprehensive information to include, but not be  
            limited to:







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                  a.        Hospice care at home or in a health care  
                    setting;
                  b.        A prognosis with and without the continuation  
                    of disease-targeted treatment;
                  c.        The right to refuse or withdraw from  
                    life-sustaining treatment;
                  d.        The right to continue to pursue  
                    disease-targeted treatment, with or without concurrent  
                    palliative care;
                  e.        The right to comprehensive pain and symptom  
                    management at the end of life, including, but not  
                    limited to, adequate pain medication, treatment of  
                    nausea, palliative chemotherapy, relief from shortness  
                    of breath and fatigue, and other clinical treatments  
                    useful when a patient is actively dying; and,
                  f.        The right to give individual health care  
                    instruction, such as an advance health care directive,  
                    and the right to appoint a legally recognized health  
                    care decision-maker. 

          3.Provides, for purposes of a judicial determination, a person  
            has the capacity to give informed consent to a proposed  
            medical treatment if the person is able to do all of the  
            following:

                  a.        Respond knowingly and intelligently to queries  
                    about that medical treatment.

                  b.        Participate in that treatment decision by  
                    means of a rational thought process.

                  c.        Understand all of the following items of  
                    minimum basic medical treatment information with  
                    respect to that treatment:

                        i.             The nature and seriousness of the  
                         illness, disorder, or defect that the person has.

                        ii.            The nature of the medical treatment  
                         that is being recommended by the person's health  
                         care providers.

                        iii.           The probable degree and duration of  
                         any benefits and risks of any medical  








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                         intervention that is being recommended by the  
                         person's health care providers, and the  
                         consequences of lack of treatment.

                        iv.            The nature, risks, and benefits of  
                         any reasonable alternatives.

          4.Provides that a person who has the capacity to give informed  
            consent to a proposed medical treatment also has the capacity  
            to refuse consent to that treatment.


          5.Provides that a resident of a long term care facility lacks  
            capacity to make a decision regarding his or her health care  
            if the resident is unable to understand the nature and  
            consequences of the proposed medical intervention, including  
            its risks and benefits, or is unable to express a preference  
            regarding the intervention. Requires the physician, in making  
            the determination regarding capacity, to interview the  
            patient, review the patient's medical records, and consult  
            with facility staff, family members and friends of the  
            resident, if any have been identified.

          6.Makes it a felony to deliberately aid, or advise, or encourage  
            another to commit suicide.

          7.Requires licensed health care prescribers eligible to  
            prescribe controlled substances, and pharmacists authorized to  
            dispense controlled substances who dispense Schedule II  
            through IV controlled substances to provide the dispensing  
            information to the Department of Justice (DOJ) on a weekly  
            basis in a format approved and accepted by the DOJ, as  
            specified. 

          8.Establishes the State Public Health Officer (SPHO), who is a  
            California licensed physician and surgeon with demonstrated  
            medical, public health, and management experience, to serve as  
            the director of the State Department of Public Health (DPH).   
            Establishes the Department of Social Services (DSS) to  
            administer human assistance programs that provide cash aid and  
            services to eligible needy families, and licenses and  
            regulates residential care facilities for the elderly.

          9.Licenses and regulates physicians and surgeons under the  
            Medical Practice Act by the Medical Board of California (MBC),  








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            within the Department of Consumer Affairs (DCA) and provides  
            for the licensure and regulation of pharmacies, pharmacists  
            and wholesalers of dangerous drugs or devices by the Board of  
            Pharmacy, also within the DCA.

          10.Requires the physician and surgeon last in attendance, or in  
            the case of a patient in a long-term care at the time of  
            death, the physician and surgeon last in attendance or a  
            licensed physician assistant under the supervision of the  
            physician and surgeon last in attendance, on a deceased  
            person, to state on the certificate of death the disease or  
            condition directly leading to death, antecedent causes, other  
            significant conditions contributing to death and any other  
            medical and health section data as may be required on the  
            certificate.  Requires the physician and surgeon or physician  
            assistant to specifically indicate the existence of any cancer  
            as defined, of which the physician and surgeon or physician  
            assistant has actual knowledge.
          

          This bill:

          1.Permits a competent, qualified individual, as defined, who is  
            a terminally ill adult to make a request to receive a  
            prescription for aid in dying medication if all of the  
            following conditions are satisfied:
                  a.        The attending physician has determined the  
                    individual to be suffering from a terminal illness;
                  b.        The individual has voluntarily expressed the  
                    wish to receive a prescription for aid in dying  
                    medication;
                  c.        The individual is a resident of California and  
                    is able to establish residency through:
                        i.             California driver license or other  
                         identification issued by the State of California;
                        ii.            Registration to vote;
                        iii.           Evidence of property ownership or  
                         lease; or,
                        iv.            California tax return for the most  
                         recent year; and,
                  d.        The individual documents his or her request  
                    for aid in dying medication, as specified.

          2.Prohibits a person from being a "qualified individual" based  
            on age or disability.








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          3.Prohibits a request for aid in dying medication made on behalf  
            of a patient through a power of attorney, an advance health  
            care directive, or a conservator.

          4.Requires a qualified individual wishing to receive a  
            prescription for aid in dying medication to submit two oral  
            requests, a minimum of 15 days apart, and a witnessed written  
            request, as specified, to his or her attending physician.  

          5.Requires at least two adult witnesses who attest that to the  
            best of their knowledge and belief the individual is  
            competent, acting voluntarily, and not being coerced to sign  
            the request.  

          6.Permits one of the two witnesses to be related by blood,  
            marriage, or adoption; or be a person entitled to a portion of  
            the person's estate upon death.  Permits one of the two  
            witnesses to own, operate, or be employed at a health care  
            facility where the qualified individual is receiving medical  
            treatment or resides.  Prohibits the attending physician from  
            being one of the witnesses.

          7.Permits a qualified individual to rescind his or her request  
            at any time without regard to their mental state.

          8.Requires the attending physician to:

                  a.        Make the initial determination whether the  
                    requesting adult is competent, has a terminal illness,  
                    has voluntarily made the request, and is a qualified  
                    individual.
                  b.        Ensure the individual is making an informed  
                    decision by discussing with him or her the medical  
                    diagnosis and prognosis, potential risks with taking  
                    the medication, the probable result of taking the  
                    medication, the possibility that he or she may choose  
                    to obtain the medication but not take it, and the  
                    feasible alternatives or additional treatment  
                    opportunities including, but not limited to, comfort  
                    care, hospice care, palliative care, and pain control.
                  c.        Refer the individual to a consulting  
                    physician, (defined as a physician who is qualified by  
                    specialty or experience to make a professional  
                    diagnosis and prognosis regarding the individual's  








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                    illness), for medical confirmation of the diagnosis,  
                    prognosis, and for a determination that the individual  
                    is competent and has complied with this bill.
                  d.        Refer the individual for counseling, if  
                    appropriate.  Defines counseling as one or more  
                    consultations, as necessary, between an individual and  
                    a California licensed psychiatrist or psychologist for  
                    the purpose of determining that the individual is  
                    competent and is not suffering from a psychiatric or  
                    psychological disorder or depression causing impaired  
                    judgment.
                  e.        Ensure that the individual's request does not  
                    arise from coercion or undue influence by another  
                    person.
                  f.        Counsel the individual about the importance of  
                    having another person present when he or she takes the  
                    medication and not taking the medication in a public  
                    place.
                  g.        Inform the individual that he or she may  
                    rescind the request at any time and in any manner. 
                  h.        Offer the individual an opportunity to rescind  
                    the request before prescribing the medication.
                  i.        Verify, immediately prior to writing the  
                    prescription for medication, that the individual is  
                    making an informed decision.
                  j.        Ensure that all appropriate steps are carried  
                    out in accordance with this bill prior to writing a  
                    prescription.
                  aa.       Fulfill the record documentation that may be  
                    required through regulation by DPH, in consultation  
                    with DSS, as specified.

          9.Permits the attending physician to deliver the medication in  
            any of the following ways:

                  a.        Dispense directly, including ancillary  
                    medication intended to minimize discomfort, if the  
                    physician is authorized to dispense medicine under  
                    California law, has a current United States Drug  
                    Enforcement Administration certificate, and complies  
                    with any applicable administrative rule or regulation.

                  b.        With the individual's written consent, contact  
                    a pharmacist, inform the pharmacist of the  
                    prescription, and deliver the written prescriptions  








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                    personally, by mail, or electronically to the  
                    pharmacist, who is required to dispense the  
                    medications to the qualified individual, the attending  
                    physician, or a person expressly designated by the  
                    individual and with the designation delivered to the  
                    pharmacist in writing or verbally.

          10.Permits delivery of the dispensed medication to the qualified  
            individual, the attending physician, or a person expressly  
            designated by the qualified individual to be made by:   
            personal delivery, United Parcel Service, United States Postal  
            Service, Federal Express, or by messenger service.

          11.Requires, prior to a qualified individual obtaining aid in  
            dying medication from the attending physician, the consulting  
            physician to perform all of the following:
                  a.        Examine the individual and his or her relevant  
                    medical records;
                  b.        Confirm in writing the diagnosis and  
                    prognosis;
                  c.        Verify, in the opinion of the consulting  
                    physician, that the qualified individual is competent,  
                    acting voluntarily, and has made an informed decision;  
                    and,
                  d.        Fulfill the record documentation that may be  
                    required through regulation by DPH, in consultation  
                    with DSS.

          12.Permits the attending physician to sign the qualified  
            individual's death certificate unless otherwise prohibited by  
            law.  Requires the cause of death to be the underlying  
            terminal illness.

          13.Prohibits an individual from receiving a prescription for aid  
            in dying medication unless he or she has made an informed  
            decision.  Requires the attending physician, immediately  
            before writing a prescription for aid in dying medication, to  
            verify that the individual is making an informed decision.  

          14.Establishes a format for the aid in dying medication request  
            and requires that a request be in substantially the same form.  
             Requires the request to be written in the same translated  
            language as any conversations, or consultations between a  
            patient and his or her attending or consulting physicians.   
            Authorizes a written request in English if accompanied by an  








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            interpreters declaration signed under penalty of perjury.   
            Specifies the words of the declaration.  Requires the  
            interpreter to be qualified, as specified in Department of  
            Managed Health Care regulations applicable to health care  
            service plans and not related to the qualified individual by  
            blood, marriage, or adoption or be entitled to a portion of  
            the person's estate upon death.

          15.Makes a provision in a contract, will, or other agreement,  
            whether written or oral, affecting whether a person may make  
            or rescind a request for aid in dying medication, invalid.   
            Prohibits an obligation owing under any contract in effect on  
            January 1, 2016, from being conditioned upon or affected by a  
            person making or rescinding a request for aid in dying  
            medication.

          16.Prohibits the sale, procurement, or issuance of a life,  
            health, accident insurance or annuity policy, health care  
            service plan contract, or health benefit plan, or the rate  
            charged for a policy or plan contract from being conditioned  
            upon, or affected by, a person making or rescinding a request  
            for aid in dying medication. 

          17.Provides, notwithstanding any other law, that a qualified  
            individual's act of self-administering aid in dying medication  
            may not have an effect upon a life, health, or accident  
            insurance or annuity policy other than that of a natural death  
            from the underlying illness.

          18.Protects a person, notwithstanding any other law, from civil  
            or criminal liability or professional disciplinary action for  
            participating in good faith compliance with this bill,  
            including an individual who is present when a qualified  
            individual self-administers the prescribed aid in dying  
            medication.

          19.Prohibits a health care provider or professional organization  
            or association from censoring, disciplining, suspending, or  
            revoking licensure, privileges, membership, or administering  
            other penalty to an individual for participating or refusing  
            to participate in good faith compliance with this bill.

          20.Provides that a request by an individual to an attending  
            physician or to a pharmacist to dispense aid in dying  
            medication or to provide aid in dying medication in good faith  








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            compliance with the provisions of this bill does not  
            constitute neglect or elder abuse for any purpose of law or  
            provide the sole basis for the appointment of a guardian or  
            conservator.

          21.Requires participation in activities authorized pursuant to  
            this bill to be voluntary.  Permits a person or entity that  
            elects, for reasons of conscience, morality, or ethics, not to  
            engage in activities authorized pursuant to this bill, and  
            provides that a person or entity is not required to take any  
            action in support of a patient's decision under this bill,  
            except as otherwise required by law.

          22.Requires, if a health care provider is unable or unwilling to  
            carry out an individual's request under this bill and the  
            individual transfers care to a new health care provider, the  
            prior health care provider to transfer, upon request, a copy  
            of the individual's relevant medical records to the new health  
            care provider.

          23.Provides that nothing in this bill prevents a health care  
            provider from providing an individual with health care  
            services that do not constitute participation in this bill.

          24.Prohibits a health care provider from being sanctioned for:  
            making an initial determination that an individual has a  
            terminal illness and informing him or her of the medical  
            prognosis; providing information about the End of Life Option  
            Act to a patient upon the request of the individual; providing  
            an individual, upon request, with a referral to another  
            physician; or, contracting with an individual to act outside  
            the course and scope of the provider's capacity as an employee  
            or independent contractor of a health care provider that  
            prohibits activities under this bill.

          25.Provides, notwithstanding any contrary provision in this  
            bill, the immunities and prohibitions on sanctions of a health  
            care provider are solely reserved for actions taken pursuant  
            to this bill and those providers may not be sanctioned for  
            conduct and actions not included and provided for in this bill  
            if the conduct and actions do not comply with the standards  
            and practices set forth by the MBC.

          26.Makes it a felony to knowingly alter or forge a request for  
            medication to end an individual's life without his or her  








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            authorization or concealing or destroying a rescission of a  
            request for medication if the act is done with the intent or  
            effect of causing the individual's death.

          27.Makes it a felony to knowingly coerce or exert undue  
            influence on an individual to request medication for the  
            purpose of ending his or her life or to destroy a rescission  
            of a request.

          28.Provides that nothing in a particular section of this bill  
            limits further liability for civil damages resulting from  
            other negligent conduct or intentional misconduct by any  
            person.  Provides that the penalties in a particular section  
            do not preclude criminal penalties applicable under any law  
            for conduct inconsistent with the provisions of this bill.

          29.Provides that nothing in this bill may be construed to  
            authorize a physician or any other person to end an  
            individual's life by lethal injection, mercy killing, or  
            active euthanasia.  Provides that actions taken in accordance  
            with this bill shall not, for any purpose, constitute suicide,  
            assisted suicide, mercy killing, homicide, or elder abuse  
            under the law.

          30.Requires DPH, in consultation with DSS, to adopt regulations  
            establishing reporting requirements for physicians and  
            pharmacists to determine utilization and compliance with this  
            bill.

          31.Requires the information collected under 30) to be  
            confidential and collected in a manner that protects the  
            privacy of the patient, the patient's family, and any medical  
                                                           provider or pharmacist involved with the patient.

          32.Requires DPH to provide an annual compliance and utilization  
            statistical report aggregated by age, gender, race, ethnicity,  
            and primary language spoken at home and other data determined  
            relevant, and requires the report to be made public 30 days  
            upon completion.

          33.Requires a person who has custody or control of any unused  
            aid in dying medication to personally deliver the unused  
            medication to the nearest qualified facility that properly  
            disposes of controlled substances, or if none is available,  
            dispose of it by lawful means.








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          34.Requires any governmental entity that incurs costs resulting  
            from a qualified individual terminating his or her life in a  
            public place to have a claim against the estate of the  
            qualified individual to recover those costs and reasonable  
            attorney fees.

          35.Establishes legislative findings and declarations that any  
            limitation in this bill to public access to personally  
            identifiable patient data is necessary to protect the privacy  
            rights of the patient and his or her family, the interests of  
            protecting the privacy rights of the patient and his or her  
            family in this situation strongly outweigh the public interest  
            in having access to personally identifiable data relating to  
            services, and the public statistical report is sufficient to  
            satisfy the public's right to access.

          36.Makes provisions of this bill severable if any provision is  
            held invalid.


           FISCAL EFFECT  :  This bill has not been analyzed by a fiscal  
          committee.

           COMMENTS  :  
             
          1.Author's statement.  According to the authors, SB 128, the End  
            of Life Option Act would give qualified, terminally ill  
            patients in California, who have been given a prognosis of  
            less than six months to live, the autonomy to exercise  
            ultimate decision-making authority in end of life decisions.  
            By giving these patients the legal right to ask for and  
            receive a lethal prescription from his/her physician, SB 128  
            would provide one more option to the number of options one has  
            when faced with the end of life. Furthermore, there are  
            provisions to safeguard patients and to allow voluntary  
            participation by physicians, pharmacists and healthcare  
            facilities. This medical practice is already recognized in  
            five other states. Terminally ill Californians should not have  
            to leave the state in order to have a peaceful death. In the  
            end, how each of us spends the end of our lives is a deeply  
            personal decision. That decision should remain with the  
            individual, as a matter of personal freedom and liberty,  
            without criminalizing those who help to honor our wishes and  
            ease our suffering.  








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          2.Other States.  According to the National Conference of State  
            Legislatures, four states currently allow a person to request  
            medication to end one's life, including:  Montana, Oregon,  
            Vermont, and Washington.  Montana's authorization was  
            determined in the 2008 case of Baxter v. State of Montana.  In  
            January 2014, New Mexico's authorization was determined in  
            Morris v. New Mexico, however the New Mexico Attorney General  
            has appealed the district court's ruling.  According to the  
            Albuquerque Journal News, a decision is not expected for  
            several months.  Oregon, Vermont and Washington have  
            authorized the practice in statute, by voter initiative in  
            Oregon (passed in 1994 and enacted in 1997) and Washington (in  
            2008).  In 2013, Vermont passed legislation to authorize  
            physician aid in dying.  Arkansas and Idaho have enacted laws  
            which specifically prohibit physician aid in dying.  

          3.Other Countries.  Belgium, the Netherlands, Luxembourg,  
            Switzerland and, beginning next year, Canada, allow physician  
            aid in dying.  The Netherlands and Belgium also allow  
            euthanasia (medication administered by a physician).  Belgium  
            extended its law in 2014 to include children of any age living  
            with terminal illness.  In the Netherlands, the law is not  
            available to children under 12 years old and for teenagers,  
            the law requires parental consent.

          4.Oregon Data.  According to the Oregon Public Health Division  
            2013 report, from 1998 to 2013, 1,173 were prescribed aid with  
            dying medication and 752 deaths occurred as a result of  
            ingesting prescribed medications.  From 1998 to 2013 the  
            gender break down of those who died from ingesting a lethal  
            dose of medication was 52 percent male and 48 percent female.   
            Less than 32 percent of the individuals who ingested the  
            medication were between ages 18-64.  Almost 70 percent were  
            over aged 65. The race breakdown was white (97 percent),  
            African American (.1 percent), American Indian (.3 percent),  
            Asian (1.1 percent), Pacific Islander (.1 percent), other (.1  
            percent), two or more races (.3 percent), and Hispanic (.7  
            percent).  Over 46 percent of those who ingested the  
            medication were married and the remaining 64 percent were  
            widowed, never married, divorced, or status was unknown (three  
            individuals).  Less than 28 percent of those who ingested the  
            medication had a high school education or less and 72 percent  
            had some college or higher education levels (five individuals  
            had unknown status).  Ninety percent of those who ingested the  








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            medication were enrolled in hospice.  Sixty-three percent had  
            private insurance, 35 percent had Medicare, Medicaid or other  
            governmental insurance, and less than two percent were  
            uninsured (35 individuals had unknown status).  Almost 80  
            percent of those who ingested the medication had malignant  
            neoplasms, seven percent had Amyotrophic lateral sclerosis,  
            five percent had chronic lower respiratory disease, two  
            percent had heart disease, one percent had HIV/AIDS and six  
            percent had other illnesses.  Six percent of those who  
            ingested the medication were referred for psychiatric  
            evaluation.  Ninety-four informed their family of their  
            decision.  Ninety-five percent died at home, four percent died  
            in long-term care, and .1 percent died in the hospital.   
            Ninety-one percent of those who ingested the medication were  
            concerned about loss of autonomy, 89 percent were concerned  
            about being less able to engage in activities that make life  
            enjoyable, 81 percent were concerned about loss of dignity, 50  
            percent were concerned about losing bodily function, 40  
            percent were concerned about being a burden on family, friends  
            or caregivers, 23 percent were concerned about inadequate pain  
            control, and three percent were concerned about financial  
            implications of treatment.  There were 22 complications of  
            regurgitation reported and six individuals regained  
            consciousness after ingesting the medications.  A range of  
            between 15 and 1,009 days elapsed from the first request for  
            medication and death. 

          5.Brittany Maynard.  According to Compassion and Choices, a  
            nonprofit that works to expand end of life choices, Brittany  
            Maynard was a California native with a terminal brain cancer  
            diagnosis who moved to Oregon to access its death with dignity  
            law.  Brittany Maynard died in Oregon after taking aid in  
            dying medication on November 1, 2014.  In the final weeks of  
            her life, Ms. Maynard partnered with Compassion and Choices to  
            launch a campaign to make aid in dying an open and accessible  
            medical practice in California and throughout the country.   
            According to Brittany Maynard, as published on CNN Opinion  
            Tuesday, October 7, 2014, "Because the rest of my body is  
            young and healthy, I am likely to physically hang on for a  
            long time even though cancer is eating my mind.  I probably  
            would have suffered in hospice care for weeks or even months.   
            And my family would have had to watch that."  After moving to  
            Oregon with her family, establishing the residency  
            requirements, and finding new physicians, Ms. Maynard obtained  
            aid in dying medication. "Now that I've had the prescription  








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            filled and it's in my possession, I have experienced a  
            tremendous sense of relief.  And if I decide to change my mind  
            about taking the medication, I will not take it?..When my  
            suffering becomes too great, I can say to all those I love, I  
            love you; come be by my side, and come say goodbye as I pass  
            into whatever's next." 

          6.Seattle Program.  According to an April 11, 2013, New England  
            Journal of Medicine article, Seattle Cancer Care Alliance  
            established a physician aid in dying program at a  
            comprehensive cancer center in Seattle that serves the Pacific  
            Northwest. A total of 114 patients inquired about the program  
            between March 5, 2009, and December 31, 2011. Of these, 44  
            (38.6 percent) did not pursue the program, and 30 (26.3  
            percent) initiated the process but either elected not to  
            continue or died before completion. Of the 40 participants  
            who, after counseling and upon request, received a  
            prescription for a lethal dose of secobarbital (35.1 percent  
            of the 114 patients who inquired about the program), all died,  
            24 after medication ingestion (60 percent of those obtaining  
            prescriptions). The participants at the center accounted for  
            15.7 percent of all participants in the program in Washington  
            (255 persons) and were typically white, male, and well  
            educated. The most common reasons for participation were loss  
            of autonomy (97.2 percent), inability to engage in enjoyable  
            activities (88.9 percent), and loss of dignity (75.0 percent).  
            Eleven participants lived for more than 6 months after  
            prescription receipt. The article concludes, qualitatively,  
            patients and families were grateful to receive the lethal  
            prescription, whether it was used or not, and overall, the  
            program has been well accepted by patients and clinicians.

          
          7.Excluded/different provisions comparison with other States.  

               a.     Oregon's Statute (OR) requires a physician to refer  
                 a patient to counseling if he or she believes the patient  
                 is suffering from a psychiatric or psychological disorder  
                 or depression causing impaired judgment.  SB 128 requires  
                 a physician to refer to counseling, if appropriate.  OR  
                 prohibits the medication from being prescribed until the  
                 psychologist or psychiatrist determines that the patient  
                 is not suffering from a psychiatric or psychological  
                 disorder or depression causing impaired judgment.   
                 Similar provisions are in Washington's Statute (WA).   








          SB 128 (Wolk)                                       Page 15 of ?
          
          
                 There is no similar explicit prohibition on the  
                 prescription until the patient is cleared by the  
                 psychiatrist or psychologist in SB 128.
               b.     OR requires the attending physician to recommend  
                 that the patient notify the next of kin but also states  
                 that the patient's refusal to notify next of kin is not a  
                 reason to deny the request.  Similar provisions are in  
                 WA. There is no similar provision in SB 128.
               c.     OR requires the physician to wait 48 hours from  
                 receiving the written request before writing the  
                 prescription.  Similar provisions are in WA and Vermont's  
                 Statute (VT). There is no similar provision in SB 128.
               d.     OR requires documentation in a patient's medical  
                 record by the attending physician, and consulting  
                 physician, and determinations of the counseling session,  
                 if performed.  Similar provisions are in WA and VT. There  
                 is no similar provision in SB 128.  This same requirement  
                 existed in AB 374 of 2007.
               e.     OR requires annual review of a sample of records.   
                 WA requires an annual review of all records.  SB 128 says  
                 a physician is required to report if DPH requires it  
                 through regulations.
               f.     OR allows a health care provider to prohibit another  
                 provider from participating on the premises of the  
                 prohibiting provider if the policy has been disclosed to  
                 the provider.  It also allows for sanctions if the  
                 prohibited provider violates the policy.  Similar  
                 provisions are in WA. There is no similar provision in SB  
                 128. 

          8.U.S. End of Life Care.  A 2014 publication of the Institute of  
            Medicine (IOM), Dying in America: Improving quality and  
            Honoring individual preferences near the end of life. the IOM  
            Committee on Approaching Death: Addressing Key End-of-Life  
            Issues (committee) identified persistent major gaps in care  
            near the end of life that require urgent attention.  
            Understanding and perceptions of death and dying vary  
            considerably across the population and are influenced by  
            culture, socioeconomic status, and education, as well as by  
            misinformation and fear. Engaging people in defining their own  
            values, goals, and preferences concerning care at the end of  
            life and ensuring that their care team understands their  
            wishes has proven remarkably elusive and challenging.  While  
            the clinical fields of hospice and palliative care have become  
            more established, the number of specialists in these fields is  








          SB 128 (Wolk)                                       Page 16 of ?
          
          
            too small, and too few clinicians in primary and specialty  
            fields that entail caring for individuals with advanced  
            serious illnesses are proficient in basic palliative care.  
            Often, clinicians are reluctant to have honest and direct  
            conversations with patients and families about end of life  
            issues. Patients and families face additional difficulties  
            presented by the health care system itself, which does not  
            provide adequate financial or organizational support for the  
            kinds of health care and social services that might truly make  
            a difference to them.  The committee believes a  
            patient-centered, family-oriented approach to care near the  
            end of life should be a high national priority and that  
            compassionate, affordable, and effective care for these  
            patients is an achievable goal.
            
          9.Death Certificate.  According to the MBC newsletter (Summer  
            2014), physicians are advised not to put mechanisms of death  
            on the death certificate (such as cardiopulmonary arrest)  
            because mechanisms are not the cause of death.  Instead, the  
            newsletter suggests the physician use the condition that  
            immediately led to the death, for example, Arteriosclerotic  
            Cardiovascular Disease or Hypertensive Health Disease.  If the  
            decedent has significant medical history, which did not cause  
            the death, but likely contributed to the poor health and  
            subsequent death, the death certificate allows those  
            conditions to be listed.  A physician must attest death  
            certificates within 15 hours.  Any person required to fill out  
            a certificate of death who fails, neglects, or refuses to  
            perform such duty is guilty of a misdemeanor.

          10.Evidence of Problems?  An article published in the Michigan  
            Law Review in June of 2008, referenced by opponents of the  
            bill, examines the Oregon Death with Dignity Act, drawing from  
            case studies and information provided by doctors, families and  
            other care givers.  The article concludes that seemingly  
            reasonable safeguards for the care and protection of  
            terminally ill patients written into the Oregon law are being  
            circumvented.  The article indicates that the Oregon Public  
            Health Division does not collect the information it would need  
            to effectively monitor the law.  The article draws on six  
            cases (four with independent information from more than one  
            source, and one with information provided by an opponent of  
            aid in dying and another with information provided by a  
            proponent). The case studies present examples of situations  
            where a prescribing physician regretted not discussing the  








          SB 128 (Wolk)                                       Page 17 of ?
          
          
            case with the patient's regular physician, a psychologist  
            cleared a patient based on the results of a test administered  
            by her family and without seeing the patient, a physician  
            declined a request, did not refer the patient to counseling  
            and the patient committed suicide the next day, a  
            psychological evaluation suggested possible coercion by the  
            family but aid in dying medication was prescribed, aid in  
            dying was prescribed after a patient made a request to two  
            different physicians instead of two requests to the same  
            physician, and a patient with a history of depressive disorder  
            may have delayed aid in dying by a year and reconnected with  
            family because of support provided by a volunteer.  Another  
            document provided by the Disability Rights Education and  
            Defense Fund describes a situation where a patient's caretaker  
            was prosecuted by federal investigators for real estate fraud  
            and mistreatment of the patient after his death by physician  
            aid in dying.  This document also describes a situation where  
            a family member helped a patient take the medication rather  
            than through self-administration.

          11.Role of Pharmacist.  According to a 2011 article in the  
            American Journal of Health System Pharmacists, based on  
            experience in Washington and Oregon, physicians issuing  
            prescriptions to be dispensed at a pharmacy must notify the  
            pharmacist in advance. The physician must either deliver the  
            written prescription personally or mail it to the pharmacist.  
            Once the prescription is filled, it may be obtained by the  
            physician, the patient, or an agent of the patient (e.g.,  
            family member). Oral medication counseling must be offered to  
            the patient or patient's agent and provided in person,  
            whenever practical, and in a private area; the pharmacist can  
            offer to provide counseling over the telephone.  Secobarbital  
            is the medication most commonly prescribed for physician  
            assisted suicide, followed by pentobarbital. The lethal dose  
            prescribed is typically 9 grams of secobarbital in capsules or  
            10 grams of pentobarbital liquid, to be consumed at one time.  
            The contents of the secobarbital capsules or the pentobarbital  
            liquid should be mixed with a sweet substance such as juice to  
            mask the bitter taste. Until the time of use, the medication  
            must be stored out of reach of children and kept away from  
            others to prevent unintentional overdose or abuse. The  
            pharmacist or physician should instruct patients to take the  
            lethal dose on an empty stomach to increase the rate of  
            absorption. The typical dose of pentobarbital as an oral  
            hypnotic for adults is 100-200 milligrams at bedtime, and that  








          SB 128 (Wolk)                                       Page 18 of ?
          
          
            of secobarbital is 100 milligrams orally at bedtime. Patients  
            receiving the lethal dose of secobarbital or pentobarbital  
            should be instructed to take an antiemetic (e.g.,  
            metoclopramide) about one hour before ingesting the  
            barbiturate to prevent nausea and vomiting. Cases of vomiting  
            after taking an antiemetic have been reported~ in the event of  
            vomiting after medication ingestion, patients should be  
            instructed to have a family member contact the attending  
            physician to determine the course of action. Patients should  
            be instructed that if12. they decide not to end their life  
            after ingesting the medication, they must contact emergency  
            medical services to begin lifesaving measures. 
          
          13.Unused Medication Disposal.  As referenced in the 2011  
            American Journal of Health System Pharmacists article,  
            patients need to be informed of appropriate disposal methods  
            in case the medication is not taken~ the Food and Drug  
            Administration provides guidance on that issue. Secobarbital  
            and pentobarbital are not among the medications recommended  
            for disposal by flushing, and they should be placed in the  
            household trash after mixing with14. an unpalatable substance  
            such as coffee grounds. Unused medications also can be brought  
            to a drug "take back" program involving law enforcement  
            personnel. Patients are not permitted to return controlled  
            substance medications to a pharmacy.  
          
          15.Double referral.  This bill is double referred.  Should it  
            pass out of this committee, it will be referred to the Senate  
            Committee on Judiciary.

          16.Related legislation.  
               a.     SB 19 (Wolk) establishes the Physician Orders for  
                 Life Sustaining Treatment (POLST) registry.  SB 19 is  
                 currently pending in the Senate Health Committee.

               b.     SB 149 (Stone), SB 715 (Anderson) and AB 159  
                 (Calderon) permits a manufacturer of an investigational  
                 drug, biological product, or device to make the product  
                 available to eligible patients with terminal illnesses,  
                 and authorizes a health plan to provide coverage for any  
                 investigational drug, biological product, or device made  
                 available pursuant to these provisions. The bill also  
                 prohibits the MBC and the Osteopathic Medical Board of  
                 California from taking any disciplinary action against  
                 the license of a physician based solely on the  








          SB 128 (Wolk)                                       Page 19 of ?
          
          
                 physician's recommendation to an eligible patient  
                 regarding, or prescription for or treatment with, an  
                 investigational drug, biological product, or device,  
                 provided that the recommendation or prescription is  
                 consistent with medical standards of care.  SB 149 and SB  
                 715 are scheduled to be heard in the Senate Health  
                 Committee on April 15, 2015.  SB 159 is pending in the  
                 Assembly Health Committee.
          
               c.     AB 637 (Campos) allows nurse practitioners and  
                 physician assistants acting under the supervision of the  
                 physician and within the scope of practice authorized by  
                 law to sign a POLST form.  AB 637 is currently pending in  
                 the Assembly Judiciary Committee.

          17.Prior legislation.
                                                                            
               a.     AB 2139 (Eggman), Chapter 568, Statutes of 2014  
                 requires a health care provider, when making a diagnosis  
                 that a patient has a terminal illness, to notify the  
                 patient of his or her right to comprehensive information  
                 and counseling regarding legal end-of-life options.   
                 Extends the right to request information to a person  
                 authorized to make health care decisions for the patient  
                 and specifies that the information may be provided at the  
                 time of diagnosis or at a subsequent visit with the  
                 health care provider.
               
               b.     SB 1357 (Wolk), would have established a Physician  
                 Orders for Life Sustaining Treatment registry at the  
                 California Health and Human Services Agency.  SB 1357 was  
                 held on the Senate Appropriations suspense file. 
               
               c.     AB 2747 (Berg), Chapter 683, Statutes of  2008,  
                 facilitates end-of-life care communication between  
                 doctors and their patients by enacting the California  
                 Right to Know End-of-Life Act of 2008 to ensure that  
                 health care providers provide critically-needed  
                 information in carefully-circumscribed instances. 
               
               d.     AB 3000 (Wolk), Chapter 266, Statutes of 2008,  
                 creates POLST in California, which is a standardized form  
                 to reflect a broader vision of resuscitative or life  
                 sustaining requests and to encourage the use of POLST  
                 orders to better handle resuscitative or life sustaining  








          SB 128 (Wolk)                                       Page 20 of ?
          
          
                 treatment consistent with a patient's wishes.

               e.     AB 374 (Berg), of 2007, would have enacted the  
                 California Compassionate Choices Act, which would  
                 authorize competent adults who have been determined by  
                 two physicians to be suffering from a terminal disease to  
                 make a request for medication to hasten the end of their  
                 lives in a humane manner.  AB 374 was moved to the  
                 inactive file on the Assembly Floor without a vote  
                 recorded.
               
               f.     AB 651 (Berg), of 2006, would have established a  
                 procedure for a competent adult person who is terminally  
                 ill and expected to die within six months to obtain from  
                 his or her physician a prescription for medication that  
                 he or she may self-administer in order to end his or her  
                 life.  AB 651 failed passage in the Senate Judiciary  
                 Committee.
               
               g.     AB 654 (Berg), of 2005, would have enacted the  
                 California Compassionate Choices Act, which would  
                 authorize competent adults who have been determined by  
                 two physicians to be suffering from a terminal disease to  
                 make a request for medication to hasten the end of their  
                 lives in a humane and dignified manner.  AB 654 was moved  
                 to the inactive file on the Assembly Floor without a vote  
                 recorded.

               h.     AB 891 (Alquist), Chapter 658, Statutes of 1999,  
                 streamlined and updated the provisions governing health  
                 care decisions for adults without decision-making  
                 capacity.  Specifically, this bill repealed the  
                 provisions governing durable powers of attorney for  
                 health care and the Natural Death Act, and revised and  
                 recast these provisions as part of a new Health Care
            
          1.Support.  Compassion and Choices writes that too many suffer  
            needlessly at the end of life, too many endure unrelenting  
            pain and other symptoms, and too many turn to violent means at  
            the end of life when medical aid could help them die  
            peacefully.  This bill is modeled after legislation in Oregon  
            and other states where aid in dying has been proven to be good  
            policy and safe medical practice.  California voters support  
            the medical option of aid in dying by more than two to one  
            margin (64 percent support compared to 24 percent oppose).   








          SB 128 (Wolk)                                       Page 21 of ?
          
          
            Studies show patients who receive counseling about end of life  
            choices score higher on quality of life and mood measures than  
            patients who do not.  Courts have upheld this right.  In 1997,  
            the United States Court of Appeals for the Ninth Circuit  
            upheld Oregon's first-in-the-nation Death With Dignity Act  
            (passed by ballot in 1994).  On December 31, 2009, Montana  
            Supreme Court ruled in a 5-2 vote that terminally ill  
            Montanans have the right to choose aid in dying under state  
            law.  In January 2014, New Mexico Second Judicial District  
            Judge Nan Nash issued a landmark decision that terminally ill,  
            mentally competent adults have a fundamental right to aid in  
            dying under the substantive due process clause of the New  
            Mexico State Constitution.  On February 6, 2014, the Canada  
            Supreme Court ruled that prohibition of assisted dying  
            violates the right to life, liberty and security of the person  
            and is not in accordance with principles of fundamental  
            justice.  

            The AIDS Healthcare Foundation writes that when a person with  
            HIV reaches the end of life with treatment options no longer  
            available, it is inhumane that we fail to provide them with  
            the choice that would bring them peace.  The Secular Coalition  
            for California supports the development of new public policy  
            based on science and reason and indicates that the benefits of  
            this bill are supported by extensive scientific study and  
            data.  They strongly encourage policymakers to base their  
            decisions regarding this legislation on sound, tested  
            evidence, not superstition and unsubstantiated fear-mongering.  
             Equality California indicates that this issue is particularly  
            important to them because of its impact on the lesbian, gay,  
            bisexual, and
            transgender community.  The roots of the "death with dignity"  
            movement owe much to mothers of men dying painfully during the  
            early days of the AIDS epidemic.  

            Almost one hundred physicians have registered their support  
            for this bill.  Many write about witnessing patients suffer  
            horrifically painful deaths because the standard of care  
            medication management and surgery is not effective at  
            controlling terminal pain.  Pain medication can cause  
            disabling side effects.  One physician writes that providing  
            terminally ill patients with this humane option is preferable  
            to the desperate and covert self-help practices some patients  
            are currently forced to employ.  Providing this autonomy and  
            choice to the vulnerable and dying is one of the last  








          SB 128 (Wolk)                                       Page 22 of ?
          
          
            comforting things we can do for our fellow humans.  Another  
            physician writes that patients and families have asked for  
            relief from suffering but he has been unable to provide this  
            which he believes is his role as their physician.  A physician  
            and cancer patient indicates he has urged the California  
            Medical Association (of which he is a member) to take a  
            neutral position on this bill.  He asserts that palliative  
            sedation is a poor substitute to offer as an alternative, and  
            he would not want to rely on a doctor sedating him into  
            unconsciousness in preference to having the key to exit in his  
            own possession.
            
          2.Opposition.  The California Disability Alliance indicates it  
            has a broad agenda for promoting health, independence and full  
            community inclusion of persons with disabilities but is  
            convinced that legalizing physician assisted suicide or  
            euthanasia in the present environment of increasingly  
            cost-driven health care budgeting decisions will adversely  
            affect their efforts to achieve these goals and will result in  
            unnecessary deaths among people in poverty, people with  
            disabilities, and elderly people.  California Family Alliance  
            states there is no true way to protect against undue influence  
            for those who seek to profit from a patient's early death.     
            The California Family Alliance writes the true compassionate  
            approach is to provide terminal patients with a variety of  
            viable life-affirming options, including physical, mental and  
            emotional support.  The California Foundation for Independent  
            Living Centers believes that people with disabilities and  
            their families will still face more subtle, behind-the-scenes  
            forms of persuasion coercion.  The disability community is  
            convinced that the perception that death is preferable to  
            living with a disability is still pervasive.  The Arc and  
            United Cerebral Palsy California Collaboration opposes this  
            bill based on a long and shameful history and on recent  
            experience, people with developmental disabilities and their  
            families simply do not believe that any regulations and  
            safeguards will actually protect them adequately from being  
            pressured or even forced into ending their lives prematurely.   


          The Association of Northern California Oncologists opposes this  
            bill because it is contrary to a physician's oath and primary  
            responsibility to do no harm, legalizing physician-assisted  
            suicide undermines the valuable and overwhelmingly successful  
            work of hospice and pain and palliative care colleagues, and  








          SB 128 (Wolk)                                       Page 23 of ?
          
          
            the legislation is based on a common misunderstanding that it  
            is easy to determine when a patient is terminal.   
            Hematologists/oncologists are the first to recognize that it  
            is notoriously difficult for physicians to know when their  
            patients are terminal.  Data from Oregon finds that many  
            patients have been prescribed life-ending medications and have  
            lived more than a year after the prescription has been filled.  
             The Agudath Israel of California, a Jewish advocacy group, is  
            concerned because of California's diversity and more advanced  
            medical system with many more large and advanced medical  
            centers that they are not sure the same results would be seen  
            here as in Oregon.  The Alliance of Catholic Health Care  
            (Alliance) indicates that California law already gives every  
            patient the right to refuse extraordinary end of life  
            treatment.  Both the Alliance and the California Hospital  
            Association are opposed to this bill not allowing sanctions on  
            health care providers who participate in aid in dying contrary  
            to a hospital's policy.  The Alliance also fears that if aid  
            in dying becomes a legal right or "settled law," it will be  
            extremely difficult to limit it to a small group of terminal  
            patients.  Additionally, the Alliance is concerned that once a  
            patient obtains a lethal dose of drugs there is no  
            transparency and cites a quote associated with the Oregon  
            Department of Human Services "?the reporting requirements can  
            only ensure that the process for obtaining lethal medications  
            complies with the law."  The Alliance states that we cannot  
            determine whether physician-assisted suicide is being  
            practiced outside the framework of the Death with Dignity Act.  
             The Alliance also refers to a Yale study of the Netherlands  
            that indicated in 18 percent of the cases there were  
            complications and the physician intervened and ended the life  
            of the patient.  The Alliance also raises concerns that there  
            is no definition of active euthanasia.  Several thousands of  
            individuals registered their opposition including some  
            physicians.  One physician writes that the bill wrongly  
            assumes all physicians are ideal moral agents.  Physicians are  
            under increasing stress, workloads and cost pressures.  It  
            takes no great skill and very little time to write a lethal  
            prescription and it takes consummate skill and lots of effort  
            to provide good end of life care.
          
          3.Concerns.  The California Medical Association expresses  
            concerns that physician assisted suicide would undermine trust  
            in the physician-patient relationship, as patients may fear or  
            suspect that a physician will steer them toward physician  








          SB 128 (Wolk)                                       Page 24 of ?
          
          
            assisted suicide rather than pursing a more difficult course  
            of treatment.  CMA is also concerned that some patients may  
            feel pressured or coerced to accept physician assisted  
            suicide, particularly if the patient feels obligated to  
            relieve their loved ones of the burden of caring for them.   
            CMA writes that the right to fatal, life-ending medications  
            would become an expectation, and ultimately a duty, fueled by  
            those members of society whose existence is expensive or  
            otherwise could be considered burdensome. 
          
          4.Policy Comments.
               a.     Oregon as a Model.  Some of the provisions contained  
                 in the laws in Oregon, Washington and Vermont identified  
                 in comment 7 could be argued are safeguards that have  
                 contributed to the successful implementation in those  
                 states.  The authors may wish to reconsider their  
                 inclusion in SB 128.
               
               b.     Reporting Agency.  SB 128 requires the DPH, in  
                 consultation with DSS, to establish reporting  
                 requirements for physicians and pharmacists.  As noted at  
                 a recent Senate Budget Subcommittee on Health and Human  
                 Services hearing, on March 3, 2015, the State Auditor  
                 notified the Legislature that DPH remains a high-risk  
                 agency due to weakness in program administration and  
                 because it has been slow to implement recommendations,  
                 especially those that have a direct impact on public  
                 health and safety. DPH delivers a broad range of public  
                 health programs. Some of these programs complement and  
                 support the activities of local health agencies in  
                 controlling environmental hazards, preventing and  
                 controlling disease, and providing health services to  
                 populations who have special needs. Others are solely  
                 state-operated programs, such as those that license  
                 health care facilities.  Given the challenges at DPH the  
                 authors may wish to reconsider giving DPH this reporting  
                 responsibility.  Additionally, it is not clear why DSS  
                 has been included as a consulting agency.  If DPH remains  
                 as the reporting agency, the authors may wish to consider  
                 adding a deadline on when the regulations should be  
                 promulgated and when first report and annual reports are  
                 expected.  It is also not clear what action DPH can take  
                 if the physicians and pharmacists do not comply with the  
                 reporting requirements.  
               








          SB 128 (Wolk)                                       Page 25 of ?
          
          
               c.     Hospice. As indicated in the IOM report, hospice is  
                 an important approach to addressing the palliative care  
                 needs of patients with limited life expectancy and their  
                 families. For people with a terminal illness or at high  
                 risk of dying in the near future, hospice is a  
                 comprehensive, socially supportive, pain-reducing, and  
                 comforting alternative to technologically elaborate,  
                 medically centered interventions.  In fact, the director  
                 of the Seattle Cancer Care Alliance, Dr. Anthony Back,  
                 indicates in a September 24, 2014, Medscape interview,  
                 that hospice is especially for patients who have the  
                 option for dying at home.  "Hospice mobilizes all those  
                 resources and helps organize them and helps connect them  
                 to the team and the clinic or the hospital.  That's part  
                 of showing patients that we can provide this continuous  
                 care that flows from the hospital to the clinic to the  
                 home.  So palliative care and hospice are linchpins.  It  
                 would be weird to have some kind of protocol for assisted  
                 suicide if you didn't have really good palliative care in  
                 place."  Vermont requires the physician to record in the  
                 patient's medical record an attestation that the patient  
                 was enrolled in hospice care at the time of the patient's  
                 oral and written requests for medication to hasten his or  
                 her death or that the physician informed the patient of  
                 all feasible end-of-life services.  The authors may wish  
                 to consider a requirement that the patient is receiving  
                 either hospice or palliative care at the time of the  
                 request for aid in dying medication.  This would ensure  
                 that the patient has access to pain management and  
                 emotional support at the time of the request.  
          
               d.     Model notice.  Opponents have referred to two Oregon  
                 patients with terminal cancer who were sent notifications  
                 by an Oregon health plan (the equivalent of a Medi-Cal  
                 managed care plan) that denied cancer treatment but  
                 offered coverage for end-of-life care including physician  
                 aid in dying.  The authors may wish to consider  
                 amendments to ensure that notifications from health plans  
                 regarding aid in dying coverage are carefully crafted to  
                 not convey a message that a person may interpret as being  
                 pressured by the plan to end his or her life earlier than  
                 through the natural progression of the terminal illness.   
                 This could be accomplished by the development of a focus  
                 tested model notice by health insurance regulators in  
                 consultation with interested stakeholders.








          SB 128 (Wolk)                                       Page 26 of ?
          
          

          5.Technical and clarifying amendments.  
               a.     The bill requires an interpreter to be qualified as  
                 described in subparagraph (H) of paragraph (2) of  
                 subdivision (c) of Section 1300.67.04 of Title 28 of the  
                 California Code of Regulations.  It is not clear what  
                 qualifications are being required.  The regulation refers  
                 to health plan standards.  Since aid in dying is not  
                 guaranteed to be a covered benefit, it is not appropriate  
                 to reference the plan standards.  However, the regulation  
                 also references standards promulgated by the California  
                 Healthcare Interpreters Association or the National  
                 Council on Interpreting in Healthcare.  The authors may  
                 wish to amend this bill to reference these standards  
                 directly.

               b.     Opponents have raised a concern that the law could  
                 be interpreted to allow a patient to get around the two  
                 requests at least 15 days apart requirement.  The concern  
                 is that if a physician declines the request, upon  
                 requesting consideration by a second physician, the two  
                 requests within 15 days would be met even though the two  
                 requests were not made to the same provider.  The authors  
                 may wish to make it clear that the requirements under  
                 443.3 must be made to the same attending physician.



           SUPPORT AND OPPOSITION :
          
          Support:  
          AIDS Healthcare Foundation
          Alameda County Board of Supervisors
          American Federation of State, County and Municipal Employees,  
          AFL-CIO
          American Medical Student Association
          American Medical Women's Association
          California Council of Churches  IMPACT
          California Primary Care Association
          California Senior Legislature 
          Compassion & Choices 
          Conference of California Bar Associations
          Congress of California Seniors
          County of Santa Cruz, Board of Supervisors
          Death with Dignity National Center








          SB 128 (Wolk)                                       Page 27 of ?
          
          
          Democratic Party of Orange County
          Democratic Party of Santa Barbara County
          Equality California
          Gay and Lesbian Medical Association
          Gray Panthers of Long Beach
          Hemlock Society of San Diego
          I Care for Your Loved One: Compassionate Senior Services
          Insurance Commissioner Dave Jones
          Laguna Woods Democratic Club
          Lompoc Valley Democratic Club
          National Center for Lesbian Rights
          National Council of Jewish Women California
          Older Women's League of San Francisco 
          Progressive Democrats of America, California
          San Francisco for Democracy
          San Mateo County Democracy for America
          Secular Coalition for California
          Sonoma County Democratic Party
          Trinity County Progressives
          U.S. Senator Dianne Feinstein
          Thousands of individuals



          Oppose:   
          Agudath Israel of California
          Alliance of Catholic Health Care
          Arc and United Cerebral Palsy California Collaboration
          Association of Northern California Oncologists
          Autistic Self-Advocacy Network
          California Catholic Conference
          California Disability Alliance
          California Family Alliance
          California Foundation for Independent Living Centers
          California Hospital Association
          California Nurses for Ethical Standards
          California ProLife Council
          Calvary Chapel Golden Springs
          Capitol Resource Institute
          Concerned Women for America
          Dignity Health
          Disability Rights Education and Defense Fund
          Faith and Public Policy (Ministry of Calvary Chapel Chino Hills)
          International Life Services
          Life Legal Defense Foundation








          SB 128 (Wolk)                                       Page 28 of ?
          
          
          Life Priority Network
          Medical Oncology Association of Southern California
          Mission Hospital (St. Joseph Health)
          Mission Hospital Laguna Beach
          National Right to Life Council
          North Orange County ProLife Chapter
          Pajaro Valley Senior Coalition
          Petaluma Valley Hospital
          Providence Health and Services
          Queen of the Valley Medical Center
          Redwood Memorial Hospital
          San Joaquin ProLife Council
          Santa Rosa Memorial Hospital
          Scholl Institute of Bioethics
          Sisters of Social Service of Los Angeles
          St. Joseph Hospital, Eureka
          St. Joseph Hospital, Orange
          St. Mary Medical Center
          Thousands of individuals




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