The bill allows:
A terminally ill, mentally capable adult with a prognosis of six months or less to live, who is a resident of North Carolina the option to request, obtain and take medication — should they choose — to die peacefully in their sleep if their suffering becomes unbearable.
The bill is modeled after the Oregon Death with Dignity Act, which has been in practice for 20 years without a single instance of abuse or coercion.
Eligibility Criteria
Just like the Oregon Death with Dignity Act, to be eligible, a person must be:
- An adult, aged 18 or older
- Terminally ill with a prognosis of 6 months or less to live
- Mentally capable and making an informed healthcare decision
- Resident of North Carolina
Individuals are not eligible for medical aid in dying because of age or disability.
Key Provisions
- The individual must self-administer the medication.
- Patients are able to access medical aid in dying from physicians licensed in North Carolina to provide similar medical care.
- The attending physician must inform terminally ill adults requesting medical aid in dying about other end-of-life care options including comfort care, hospice care and pain control.
- A terminally ill person can withdraw their request for medication, not take the medication once they have it or otherwise change their mind at any point.
- There is a mandatory mental health evaluation if the attending physician has concerns about the patient’s capacity to make an informed health care decision; the prescription cannot be written until the mental health provider confirms capacity.
- Healthcare providers who participate and comply with all aspects of the law are given civil and criminal immunity.
- Anyone attempting to coerce a patient will face criminal prosecution.
- Health insurers may not deny or alter healthcare benefits available to terminally ill individuals based on the availability of medical aid in dying or otherwise attempt to coerce a person with a terminal illness to make a request for aid-in-dying medication.
- Life insurance payments cannot be denied to the families of those who use the law.
- No healthcare provider or pharmacist is required to participate. Healthcare providers and facilities that choose not to participate in the process of medical aid in dying must disclose their policy.
- The underlying illness — not medical aid in dying — will be listed as the cause of death on the death certificate.
- Unused medication must be disposed of according to state and federal guidelines.
Additional Regulatory Requirements
- The individual must make one oral and one written request to the attending physician.
- The attending physician must comply with medical-record documentation requirements and make records available to the state department of health.
- The state department of health is required to issue a publicly available annual report. Identifying information about individual patients and doctors is kept confidential.
Additional Information About the Bill:
Sponsors:
- Rep. Mary Harrison
- Rep. Susan Fisher
- Rep. Jonathan Hardister
- Rep. John Faircloth
Legislation:
Compassion & Choices Website:
https://compassionandchoices.org/in-your-state/north-carolina
For More Information:
Melissa Stacy
Regional Advocacy Manager – NE