The Legislations Would Improve the Existing Law:
The Death with Dignity Act took effect on March 5, 2009. Under the law, qualified individuals who are terminally ill, mentally capable adults with six months or less to live are able to request aid-in-dying medication, which they can then choose to self-ingest to peacefully end their suffering.
However, many eligible patients are not able to use the law as a result of restrictive roadblocks.
After carefully evaluating how the current law is working, these legislations would allow more eligible patients to access medical aid in dying :
- Amending the definitions of attending and consulting providers to include Advanced Registered Nurse Practitioners and Physician Assistants. Washington’s current law requires that an individual requesting medical aid in dying consult with two physicians. Advanced Registered Nurse Practitioners and Physician Assistants often provide consistent, ongoing care for terminally ill individuals, and prescribing aid in dying medication is in line with their scope of practice. Expanding the types of medical providers who can serve as attending and consulting providers will improve access for eligible patients. If a patient chooses an ARNP or PA as their attending or consulting provider, they are still required to consult with a physician to fulfill the duties of the other provider. This is particularly important given the strain the COVID-19 pandemic has put on healthcare providers overall, as well as for rural communities and communities of color who face healthcare disparities and greater obstacles to care.
- Amending the types of mental health providers eligible to assess patients for mental capability. Washington’s current law requires that physicians refer patients requesting medical aid in dying to a psychiatrist or psychologist if there is a concern about their mental capability. To provide greater access and better ensure that individuals can receive the mental health evaluations they may need, SB 5179 and HB 1281 expand the types of licensed mental health professionals who can provide counseling to include independent clinical social workers, advanced social workers, mental health counselors, and psychiatric advanced registered nurse practitioners to also serve as the mental health provider.
- Allowing the attending provider to electronically send the prescription to a pharmacy, and allowing aid-in-dying medication to be delivered by mail. Currently, pharmacists are prohibited from dispensing medication for aid in dying by mail or other courier types. However, data from California, where the medication may be dispensed by mail or courier with signature, demonstrate this can be done safely. Allowing for mail delivery of prescriptions is also especially important for individuals who have limited mobility or limited access to transportation. Mailed prescriptions must be sent via certified mail, requiring a signature upon receipt.
- Clarifying when a health care provider can prohibit another health care provider from providing medical aid in dying to patients. Currently, the Death with Dignity Act states that a healthcare provider may prohibit another healthcare provider from participating in medical aid in dying as long as sufficient notice is given. SB 5179 further clarifies that a healthcare provider cannot prohibit another healthcare provider from participating if they participate in medical aid in dying outside of the scope of their employment and off their employer’s premises.
- Increasing hospital transparency of the services they provide. SB 5179 amends existing law related to hospital transparency. Presently, hospitals are required to publicly provide information on a number of policies and types of services that are available at their institutions. SB 5179 would amend the law to require hospitals to also provide information about end-of-life services.
For More Information:
Legislation:
SB 5179 (Pendersen and King)
HB 1281 (Rude, Harris, Peterson, Marci, and Riccelli)
