BILL NUMBER: SB 1002	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Monning
   (Principal coauthor: Senator Wolk)
   (Coauthor: Assembly Member Eggman)

                        FEBRUARY 10, 2016

   An act to amend Section 443.19 of the Health and Safety Code,
relating to public health.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1002, as introduced, Monning. End of Life Option Act: telephone
number.
   The End of Life Option Act, as enacted in the 2015-16 Second
Extraordinary Session of the Legislature, authorizes, until January
1, 2026, an adult who meets certain qualifications, and who has been
determined by his or her attending physician to be suffering from a
terminal disease, as defined, to make a request for a drug prescribed
pursuant to the act for the purpose of ending his or her life
through self-administration of the drug. The act establishes certain
procedures for making a request, prohibits certain agreements or
policies from being conditioned upon or affected by a request, and
provides immunity from civil or criminal liability, with exceptions,
to persons present when the qualified individual self-administers the
drug or to persons preparing the drug. The act provides that action
taken in accordance with the act shall not constitute, among other
things, suicide or homicide.
   The act requires physicians to submit specified forms and
information to the State Department of Public Health after writing a
prescription for an aid-in-dying drug and after the death of an
individual who requested an aid-in-dying drug. The act authorizes the
Medical Board of California to update those forms. The act requires
the State Department of Public Health to publish the forms on its
Internet Web site, collect and review certain information, annually
create a statistical report of the information collected, as
specified, and post that report on its Internet Web site.
   This bill would require the department to establish and maintain a
toll-free telephone number for the purpose of receiving and
responding to inquiries regarding the End of Life Option Act, and
post the telephone number on the department's Internet Web site. This
bill would require the telephone number to operate during the
regular business hours of the department and be available to the
public.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 443.19 of the Health and Safety Code, as added
by Section 1 of Chapter 1 of the Statutes of 2015, Second
Extraordinary Session, is amended to read:
   443.19.  (a) The State Department of Public Health shall collect
and review the information submitted pursuant to Section 443.9. The
information collected shall be confidential and shall be 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 under the provisions of this part. The information shall not
be disclosed, discoverable, or compelled to be produced in any civil,
criminal, administrative, or other proceeding.
   (b) On or before July 1, 2017, and each year thereafter, based on
the information collected in the previous year, the department shall
create a report with the information collected from the attending
physician followup form and post that report to its Internet Web
site. The report shall include, but not be limited to, all of the
following based on the information that is provided to the department
and on the department's access to vital statistics:
   (1) The number of people for whom an aid-in-dying prescription was
written.
   (2) The number of known individuals who died each year for whom
aid-in-dying prescriptions were written, and the cause of death of
those individuals.
   (3) For the period commencing January 1, 2016, to and including
the previous year, cumulatively, the total number of aid-in-dying
prescriptions written, the number of people who died due to use of
aid-in-dying drugs, and the number of those people who died who were
enrolled in hospice or other palliative care programs at the time of
death.
   (4) The number of known deaths in California from using
aid-in-dying drugs per 10,000 deaths in California.
   (5) The number of physicians who wrote prescriptions for
aid-in-dying drugs.
   (6) Of people who died due to using an aid-in-dying drug,
demographic percentages organized by the following characteristics:
   (A) Age at death.
   (B) Education level.
   (C) Race.
   (D) Sex.
   (E) Type of insurance, including whether or not they had
insurance.
   (F) Underlying illness.
   (c) The State Department of Public Health shall make available the
attending physician checklist and compliance form, the consulting
physician compliance form, and the attending physician followup form,
as described in Section 443.22, by posting them on its Internet Web
site. 
   (d) The State Department of Public Health shall establish and
maintain a toll-free telephone number for the purpose of receiving
and responding to inquiries regarding the End of Life Option Act. The
department shall post the telephone number on its Internet Web site.
The telephone number shall operate during the regular business hours
of the department and be available to the public.