Susan Talamantes Eggman
- District 5
Existing law, the End of Life Option Act, until January 1, 2026, authorizes an adult who meets certain qualifications, and who has been determined by their attending physician to be suffering from a terminal disease, as defined, to make a request for an aid-in-dying drug for the purpose of ending their life. Existing law establishes the procedures for making these requests, including that 2 oral requests be made a minimum of 15 days apart, specified forms to request an aid-in-dying drug be submitted, under specified circumstances, and a final attestation be completed. Existing law requires specified information to be documented in the individual's medical record, including, among other things, all oral and written requests for an aid-in-dying drug. This bill would allow for an individual to qualify for aid-in-dying medication by making 2 oral requests a minimum of 48 hours apart. The bill would eliminate the requirement that an individual who is prescribed and ingests aid-in-dying medication make a final attestation. The bill would require that the date of all oral and written requests be documented in an individual's medical record and would require that upon a transfer of care, that record be provided to the qualified individual. The bill would extend the operation of the act until January 1, 2031, thereby imposing a state-mandated local program by extending the operation of crimes for specified violations of the act. Existing law makes participation in activities authorized pursuant to the act voluntary, and makes individual health care providers immune from liability for refusing to engage in activities authorized pursuant to its provisions, including providing information about the act or referring an individual to a provider who prescribes aid-in-dying medication. This bill would require a health care provider who is unable or unwilling to participate under the act to inform the individual seeking an aid-in-dying medication that they do not participate, document the date of the individual's request and the provider's notice of their objection, and transfer their relevant medical record upon request. Existing law authorizes a health care provider to prohibit its employees, independent contractors, or other persons or entities, including other health care providers, from participating under the act, including acting as a consulting physician, while on the premises owned or under the management or direct control of that prohibiting health care provider, or while acting within the course and scope of any employment by, or contract with, the prohibiting health care provider. This bill would instead authorize a health care entity to prohibit employees and contractors, as specified, from participating under the act while on the entity's premises or in the course of their employment. The bill would prohibit a health care provider or health care entity from engaging in false, misleading, or deceptive practices relating to their willingness to qualify an individual or provide a prescription for an aid-in-dying medication to a qualified individual. The bill would require a health care entity to post its current policy regarding medical aid in dying on its internet website. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Chaptered by Secretary of State. Chapter 542, Statutes of 2021.
Approved by the Governor.
Enrolled and presented to the Governor at 1:30 p.m.
Read third time. Passed. (Ayes 51. Noes 16. Page 3132.) Ordered to the Senate.
Assembly amendments concurred in. (Ayes 26. Noes 8. Page 2633.) Ordered to engrossing and enrolling.
In Senate. Concurrence in Assembly amendments pending.
(Corrected August 31).
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 10. Noes 4.) (August 26).
August 19 set for first hearing. Placed on suspense file.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (July 6). Re-referred to Com. on APPR.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on HEALTH.
Read third time. Passed. (Ayes 26. Noes 8. Page 1282.) Ordered to the Assembly.
In Assembly. Read first time. Held at Desk.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 5. Noes 2. Page 1189.) (May 20).
Set for hearing May 20.
May 17 hearing: Placed on APPR suspense file.
Set for hearing May 17.
May 10 hearing postponed by committee.
Set for hearing May 10.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 1. Page 859.) (April 20).
Set for hearing April 20.
From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 8. Noes 1. Page 605.) (March 24).
Set for hearing March 24.
Art. IV. Sec. 8(a) of the Constitution dispensed with.
Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.)
(Ayes 32. Noes 4.)
From printer. May be acted upon on or after March 13.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
|Bill Text Versions||Format|
|02/10/21 - Introduced|
|04/05/21 - Amended Senate|
|04/22/21 - Amended Senate|
|06/14/21 - Amended Assembly|
|08/30/21 - Amended Assembly|
|09/14/21 - Enrolled|
|10/05/21 - Chaptered|
|03/22/21- Senate Health|
|04/16/21- Senate Judiciary|
|05/14/21- Senate Appropriations|
|05/22/21- Sen. Floor Analyses|
|06/18/21- Assembly Health|
|07/02/21- Assembly Judiciary|
|08/16/21- Assembly Appropriations|
|08/31/21- ASSEMBLY FLOOR ANALYSIS|
|09/10/21- Sen. Floor Analyses|
Data on Open States is updated periodically throughout the day from the official website of the California State Legislature.
If you notice any inconsistencies with these official sources, feel free to file an issue.