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