Creating the Iowa end-of-life options Act and providing penalties

The bill specifies the responsibilities of the attending physician and the consulting physician. The bill includes a provision for counseling if the attending physician deems it appropriate, the notification of next of kin, the right to rescind a request at any time, and documentation requirements. The bill provides for the effect of a request for medication to end the person’s life on the construction of wills, contracts, and statutes as well as on insurance and annuity policies. The bill provides that the provisions of the bill are not to be construed to authorize a physician or any other person to end a patient’s life by lethal injection, mercy killing, or active euthanasia, and that actions taken in accordance with the bill shall not, for any purpose, constitute suicide, assisted suicide, mercy killing, or homicide under the law. Additionally, the provisions of the bill are not to be interpreted to lessen the applicable standard of care for the attending physician, consulting physician, psychiatrist, or psychologist, or other health care provider acting under the bill. The bill provides immunities for a person who acts in good-faith compliance with the bill, including being present when a patient takes the prescribed medication to end the patient’s life. The bill provides that a professional organization or association, or health care provider, shall not subject a person to censure, discipline, suspension, loss of license, loss of privileges, loss of membership, or other penalty for acting or refusing to act in good-faith compliance with the bill, but does provide for prohibitions by a health care provider on the premises of the health care provider relative to the bill. The bill provides that a request by a patient for or provision by an attending physician of medication in good-faith compliance with the bill does not constitute neglect under the law or provide the sole basis for the appointment of a guardian or conservator for the patient. Under the bill, a health care provider is not under any duty, whether by contract, statute, or any other legal requirement, to participate in the provision to a patient of medication to end the patient’s life. If a health care provider is unable or unwilling to carry out a patient’s request under the bill, however, and the patient transfers the patient’s care to a new health care provider, the prior health care provider is required to transfer, upon request, a copy of the patient’s relevant medical records to the new health care provider. The bill provides that a person who, without authorization of the patient, willfully alters or forges a request for medication under the bill or conceals or destroys a rescission of such a request with the intent or effect of causing the patient’s death is guilty of a class “A” felony. Additionally, a person who coerces or exerts undue influence on a patient to request medication for the purpose of ending the patient’s life under the bill, or to destroy a rescission of such a request, is guilty of a class “A” felony. A class “A” felony is punishable by confinement for life without possibility of parole. The bill provides that the provisions of the bill are not to be construed to limit a person’s liability for civil damages resulting from other negligent conduct or intentional misconduct by the person and that the penalties specified in the bill shall not preclude criminal penalties applicable under other law for conduct which is inconsistent with the provisions of the bill. The bill provides that if a governmental entity incurs costs resulting from a person terminating the person’s life under the bill in a public place, the governmental entity has a claim against the estate of the person to recover such costs and reasonable attorney fees related to enforcing the claim. The bill also provides the form for the request for medication to end a person’s life.