ABOUT AB 374
Download the AB 374 Fact Sheet (PDF)
 The California Compassionate Choices Act is based upon Oregon's successful Death with Dignity Act, approved in 1997. The Act allows to mentally capable, terminally ill adults, with six months or less to live to legally obtain and use prescriptions to end their suffering.
The Safeguards
- The patient must be a terminally ill adult with six months or less to live.
- The patient must be a resident of California.
- The patient must make an informed decision. The patient’s attending physician must inform the patient of their medical diagnosis, prognosis, potential risks associated with taking the medication, the probable result of taking the medication, and provide in writing the feasible alternatives, including comfort care, hospice care, and pain control.
- The patient cannot be coerced by next of kin or any third party. If any coercion is suspected, the patient will be prohibited from participating in the Act.
- The patient must be evaluated by two physicians. A consulting physician must examine the patient and confirm the attending physician’s diagnosis and prognosis and that the patient is mentally capable, fully informed and acting voluntarily, free of coercion.
- The patient must be mentally capable. Both physicians must verify that the patient is mentally capable of making and communicating health care decisions. If either physician suspects the patient's judgment may be impaired by medication or a psychiatric or psychological disorder, the patient must be referred to a licensed psychiatrist or psychologist for a psychological examination. If a patient is referred, then the process completely stops until the psychiatrist or psychologist has determined that the patient is mentally capable. If the patient is determined to not be mentally capable the patient will be denied the medication.
- The patient must make two oral requests, and one written request for the prescription. The written request must be witnessed by two individuals who attest to the best of their knowledge and belief that the patient is competent, acting voluntarily, and not feeling any coercion to make the request.
- There are two waiting periods. 15 days after the first oral request, at which time the written request can be made, and 48 hours after the second oral request and the writing of the prescription.
- The patient can rescind their request at any time.
- The patient must self-administer the prescription. No one else can administer the medication to the patient.
- Physicians may refuse to participate with the Act. No doctor would ever be required to participate in the process in any way.
- Anyone who violates the provisions of the Act will be prosecuted. The language of the Act provides that anyone who engages in illegal behavior is subject to punishment for a crime to the full extent of the law.
- Both physicians must submit detailed reports to the Department of Health Services.
FACT OR FICTION
Downloadable Version (PDF)
Fiction: Physician Assisted Dying will lead to many Californians prematurely ending their lives.
FACT: Oregon has had a similar law on the books for seven years. The statistics are in, and government reports show that very few people use the Act, and they receive appropriate care and screening. Since 1997, 265 patients in Oregon have obtained the prescription and only 171 terminally ill patients have chosen to ingest it.
Fiction: This would prevent patients from being able to fully trust their doctors when they become seriously ill.
FACT: This act prohibits doctors from prescribing this prescription without the patient requesting it twice. And no single doctor can act alone - two physicians must evaluate a patient prior to filling a prescription.
Fiction: Crooked doctors will use this to kill poor people, the disabled, and minorities.
FACT: This is a perception based purely on fear, which is not substantiated by any data. Scientific studies and nonpartisan state data demonstrate that built-in safeguards effectively shield patients from abuse, and that the narrowly crafted law is working as it was intended.
Fiction: There is no need for this legislation.
FACT: Californians receive aid-in-dying all the time - without safeguards or protections. Studies of physician practices in the United States show a measurable, fairly consistent incidence of assisted dying, legal or not. And the methods often used today to hasten death may take weeks to actually end someone's life.
Fiction: HMOs will save money by convincing patients to end their lives.
FACT: Patients typically exercise their right to die only after all treatment options have been exhausted.
Fiction: Family members, caregivers and guardians can use this to prematurely end a patient's life, particularly when there are large estates on the line.
FACT: Under this law, only a patient can request the prescription and only a patient may administer the prescription - no one can assist.
Fiction: Californians aren't ready to give patients this choice.
FACT: The most recent Field Poll on this subject (1999) found that 75% of all Californians believe that incurably ill patients should have the "right to ask for and get life-ending medication."
Fiction: Doctors in Oregon are not screening for depression or mental illness.
FACT: The screening process works. In fact, one in six patients seeking this option was rejected because of physicians' concern about their mental capacity.
Fiction: There is no independent oversight in Oregon.
FACT: The Oregon Department of Health Services is a non-partisan, neutral third party that reviews every prescription written in accordance with the Death with Dignity Act. |
