1.1 A bill for an act
1.2 relating to health;
establishing an end-of-life option for terminally ill adults with
1.3 a prognosis of six months or
less; providing criminal penalties; classifying certain
1.4 data; requiring reports;
providing immunity for certain acts; authorizing
1.5 enforcement;amending
Minnesota Statutes 2024, sections 61A.031; 144.99,
1.6 subdivision 1; 609.215,
subdivision 3; proposing coding for new law as Minnesota
1.7 Statutes, chapter 145E.
1.8 BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF MINNESOTA:
1.9 ARTICLE 1
1.10 END-OF-LIFE OPTION ACT
1.11 Section 1. [145E.01]
CITATION.
1.12 This chapter may be
cited as the "End-of-Life Option Act."
1.13 EFFECTIVE DATE. This
section is effective August 1, 2025.
1.14 Sec. 2. [145E.02]
DEFINITIONS.
1.15 Subdivision
1.Application. For purposes of this chapter, the following terms
have the
1.16 meanings given.
1.17 Subd. 2.Attending
provider. "Attending provider" means the provider who has
primary
1.18 responsibility for the
medical care of the individual and treatment of the individual's terminal
1.19 disease.
1.20 Subd. 3.Consulting
provider. "Consulting provider" means a provider, other
than an
1.21 individual's attending
provider, who is qualified by specialty or experience to make a
1.22 professional diagnosis
and prognosis regarding the individual's terminal disease.
2.1 Subd.
4.Health care facility. "Health care facility" means a
hospital, nursing home,
2.2 hospice facility,
assisted living facility, medical clinic, or any other facility governed by
2.3 chapter 144 or 144A.
Health care facility does not include an individual provider.
2.4 Subd.
5.Health plan. "Health plan" has the meaning given in
section 62A.011,
2.5 subdivision 3.
2.6 Subd.
6.Informed decision. "Informed decision" means a
decision by a qualified
2.7 individual to request
and obtain a prescription for medical aid in dying medication pursuant
2.8 to this chapter, after
being fully informed by the attending provider and consulting provider
2.9 as required under
section 145E.15.
2.10 Subd. 7.Intentionally.
"Intentionally" has the meaning given in section 609.02,
2.11 subdivision 9, clause
(3).
2.12 Subd. 8.Licensed
mental health consultant. "Licensed mental health
consultant" means
2.13 an individual who:
2.14 (1) is licensed by the
profession's licensing board as a:
2.15 (i) psychiatrist;
2.16 (ii) psychologist;
2.17 (iii) licensed
independent clinical social worker; or
2.18 (iv) registered nurse
who is certified as:
2.19 (A) a clinical nurse
specialist in child or adolescent, family, or adult psychiatric and
2.20 mental health nursing by
a national nurse certification organization; or
2.21 (B) a nurse practitioner
in adult or family psychiatric and mental health nursing by a
2.22 national nurse
certification organization; and
2.23 (2) is competent,
according to the laws governing the practice of their profession, to
2.24 determine the mental
capability of individuals with a terminal disease.
2.25 Subd. 9.Medical
aid in dying. "Medical aid in dying" means the process in
which a
2.26 provider evaluates an
individual's request, determines if the individual meets the criteria of
2.27 a qualified individual,
provides the qualified individual with a prescription for medical aid
2.28 in dying medication,
and, when permissible, dispenses the medication.
2.29 Subd.
10.Medical aid in dying medication. "Medical aid in dying
medication" means
2.30 a medication prescribed
and dispensed pursuant to this chapter that a qualified individual
2.31 may self-administer to
bring about the qualified individual's peaceful death.
3.1 Subd.
11.Mentally capable. "Mentally capable" means the
individual requesting medical
3.2 aid in dying
medication has the ability to make an informed decision.
3.3 Subd.
12.Prognosis of six months or less. "Prognosis of six months
or less" means
3.4 that a terminal
disease will, within reasonable medical judgment, result in death within six
3.5 months.
3.6 Subd.
13.Provider. (a) "Provider" means:
3.7 (1) a doctor of
medicine or osteopathy licensed by the Minnesota Board of Medical
3.8 Practice pursuant to
chapter 147;
3.9 (2) an advanced
practice registered nurse licensed by the Minnesota Board of Nursing
3.10 and certified by a
national nurse certification organization acceptable to the board to practice
3.11 as a clinical nurse
specialist or nurse practitioner pursuant to sections 148.171 to 148.285;
3.12 or
3.13 (3) a physician
assistant licensed by the Minnesota Board of Medical Practice pursuant
3.14 to chapter 147A.
3.15 (b) Provider does not
include a health care facility.
3.16 Subd.
14.Qualified individual. "Qualified individual" means
an individual who meets
3.17 the criteria in section
145E.10, subdivision 1.
3.18 Subd.
15.Self-administer. "Self-administer" means the
performance of an affirmative,
3.19 conscious, voluntary act
to ingest medical aid in dying medication, including by means of
3.20 enteral administration.
Self-administration does not include administration by intravenous
3.21 or other parenteral
injection or by infusion.
3.22 Subd. 16.Terminal
disease. "Terminal disease" means an incurable and
irreversible
3.23 disease that will,
within reasonable medical judgment, result in death within six months.
3.24 EFFECTIVE DATE. This
section is effective August 1, 2025.
3.25 Sec. 3. [145E.05]
INFORMED CONSENT; MEDICAL STANDARD OF CARE.
3.26 Subdivision
1.No limitation on provision of information. Nothing in this
chapter
3.27 limits the information a
provider must provide to an individual to comply with Minnesota
3.28 informed consent laws
and the medical standard of care.
3.29 Subd. 2.Medical
standard of care. (a) Medical care that complies with the
requirements
3.30 of this chapter meets
the medical standard of care.
4.1 (b) Nothing in this
chapter exempts a provider or other medical personnel from meeting
4.2 medical standards of
care for the treatment of an individual with a terminal disease.
4.3 EFFECTIVE DATE.
This section is effective August 1, 2025.
4.4 Sec. 4. [145E.10]
MEDICAL AID IN DYING MEDICATION; QUALIFICATION;
4.5 REQUEST.
4.6 Subdivision
1.Qualified individual. (a) Any individual may request medical
aid in
4.7 dying medication. In
order to obtain a prescription for medical aid in dying medication, the
4.8 individual must:
4.9 (1) be 18 years of age
or older;
4.10 (2) be mentally capable,
as determined according to section 145E.15;
4.11 (3) have a terminal
disease with a prognosis of six months or less;
4.12 (4) not be subject to
guardianship or conservatorship; and
4.13 (5) request a
prescription for medical aid in dying medication in accordance with
4.14 subdivision 2 from an
attending provider meeting the requirements in section 145E.15,
4.15 subdivision 1, and a
consulting provider meeting the requirements in section 145E.15,
4.16 subdivision 2.
4.17 (b) No individual is a
qualified individual solely because of advanced age or disability.
4.18 Subd. 2.Request
process. (a) An individual seeking medical aid in dying medication
4.19 must make one oral
request and one written request to the individual's attending provider.
4.20 The written request must
be in substantially the form specified in subdivision 4 and witnessed
4.21 by an individual meeting
the requirements of subdivision 3.
4.22 (b) Oral and written
requests for medical aid in dying medication may be made only by
4.23 the individual who will
self-administer the medication. A request for medical aid in dying
4.24 medication shall not be
made by the individual's guardian, conservator, health care agent,
4.25 living will proxy,
attorney-in-fact named in a power of attorney, or surrogate decision-maker,
4.26 or by an advance health
care directive.
4.27 (c) For an individual
seeking medical aid in dying medication who has difficulty with
4.28 oral communication, the
following may qualify as an oral request:
4.29 (1) use of written
materials;
4.30 (2) use of
technology-assisted communication;
4.31 (3) use of an
interpreter; or
5.1 (4) use of other
assistance with communication consistent with Title III of the Americans
5.2 with Disabilities Act.
5.3 Subd.
3.Witness. A witness to a written request for medical aid in
dying medication
5.4 must be 18 years of
age or older and at the time the request is signed must not be:
5.5 (1) a relative by
blood, marriage, or adoption of the requesting individual;
5.6 (2) entitled to any
portion of the estate of the requesting individual upon the requesting
5.7 individual's death
under any will or by operation of law;
5.8 (3) an owner,
operator, or employee of a health care facility or provider where the
5.9 requesting individual
is receiving medical treatment or is a resident;
5.10 (4) the requesting
individual's attending provider; or
5.11 (5) serving as an
interpreter for the requesting individual.
5.12 Subd. 4.Written
request. In order to be valid, a written request for medical aid in
dying
5.13 medication must be in
substantially the form in this subdivision, must be signed and dated
5.14 by the individual seeking
medical aid in dying medication, and must be witnessed by at
5.15 least one individual
meeting the requirements in subdivision 3 who, in the presence of the
5.16 individual seeking
medical aid in dying medication, attests that to the best of the witness's
5.17 knowledge and belief the
individual seeking medical aid in dying medication is mentally
5.18 capable, acting
voluntarily, and not being coerced or unduly influenced to sign the request.
5.19 Request for Medication
to End My Life in a Peaceful Manner
5.20 I,
................................................... (name), am an adult of
sound mind. I have been
5.21 diagnosed with
............................................................ (terminal illness)
and given a prognosis
5.22 of six months or less to
live. I have been fully informed of the feasible alternative, concurrent,
5.23 or additional treatment
opportunities for my terminal disease, including but not limited to
5.24 comfort care, palliative
care, hospice care, or pain control, and of the potential risks and
5.25 benefits of each. I have
been offered and received resources or referrals to pursue these
5.26 alternative, concurrent,
or additional treatment opportunities for my terminal disease.
5.27 I have been fully informed
of the nature, risks, and benefits of the medication to be
5.28 prescribed, including
that the likely outcome of self-administering the medication is death.
5.29 I understand that I can
rescind this request at any time and that I am under no obligation to
5.30 fill the prescription
once written, or to self-administer the medication if I obtain it.
6.1 I request that my
attending provider furnish a prescription for medication that will end
6.2 my life in a peaceful
manner if I choose to self-administer it, and I authorize my attending
6.3 provider to contact a
pharmacist to dispense the prescription.
6.4 I make this request
voluntarily, free from coercion or undue influence, and attest that
6.5 no one has attempted,
by deception, intimidation, or other means, to cause me to request
6.6 this prescription.
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6.7
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........
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........
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6.8
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Requestor
Signature
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Date
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6.9 Witness:
6.10 (i) In my presence on
........................ (date),
........................................................ (name)
6.11 acknowledged his/her
signature on this document.
6.12 (ii) To the best of my
knowledge and belief the person named above is mentally capable,
6.13 is acting voluntarily,
and is not being coerced or unduly influenced to sign this request for
6.14 medical aid in dying
medication.
6.15 (iii) I am at least 18
years of age.
6.16 (iv) I am not a relative
of the person named above by blood, marriage, or adoption.
6.17 (v) I am not entitled to
any portion of the estate of the person named above upon that
6.18 person's death under any
will or by operation of law.
6.19 (vi) I am not an owner,
operator, or employee of a health care facility or provider where
6.20 the person named above
is receiving medical treatment or is a resident.
6.21 (vii) I am not currently
the attending provider of the person named above.
6.22 (viii) I am not
currently serving as an interpreter for the person named above.
6.23 I certify that the
information in (i) through (viii) is true and correct.
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6.24
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........
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6.25
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Witness
Signature
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6.26
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........
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6.27
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Address
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6.28 EFFECTIVE DATE. This
section is effective August 1, 2025.
7.1 Sec. 5. [145E.15]
RESPONSIBILITIES OF ATTENDING PROVIDER,
7.2 CONSULTING
PROVIDER, LICENSED MENTAL HEALTH CONSULTANT, AND
7.3 PHARMACIST.
7.4 Subdivision
1.Attending provider responsibilities. (a) If an individual
requests a
7.5 prescription for
medical aid in dying medication from the individual's attending provider,
7.6 the attending provider
must:
7.7 (1) determine whether
the individual has a terminal disease with a prognosis of six
7.8 months or less;
7.9 (2) determine whether
the individual is mentally capable or refer the individual for
7.10 confirmation of mental
capability in accordance with subdivision 3;
7.11 (3) confirm that the
individual's request does not arise from coercion or undue influence
7.12 by asking the individual
outside the presence of other persons, except for an interpreter as
7.13 necessary, whether
anyone has attempted, by deception, intimidation, or other means, to
7.14 cause the individual to
request this prescription;
7.15 (4) inform the
individual of:
7.16 (i) the individual's
diagnosis;
7.17 (ii) the individual's
prognosis;
7.18 (iii) the potential
risks and benefits and the probable result of self-administering medical
7.19 aid in dying medication;
7.20 (iv) feasible
end-of-life care and treatment options for the individual's terminal disease,
7.21 including but not
limited to alternative, concurrent, or additional treatment options, comfort
7.22 care, palliative care,
hospice care, and pain control, and the potential risks and benefits of
7.23 each; and
7.24 (v) the individual's
right to rescind the request for medical aid in dying medication, or
7.25 consent for any other
treatment, at any time and in any manner;
7.26 (5) inform the
individual that there is no obligation to fill the prescription or
7.27 self-administer the
medical aid in dying medication if the medication is obtained;
7.28 (6) offer the individual
the opportunity to rescind the individual's request for medical
7.29 aid in dying medication;
7.30 (7) provide the
individual with a referral for comfort care, palliative care, hospice care,
7.31 pain control, or other
end-of-life treatment options as requested or as clinically indicated;
8.1 (8) refer the
individual to a consulting provider to complete the requirements in
8.2 subdivision 2;
8.3 (9) inform the
individual of the benefits of notifying the individual's next of kin or other
8.4 important person of
the individual's decision to request medical aid in dying medication;
8.5 (10) educate the
individual on:
8.6 (i) the recommended
procedure for self-administering the medical aid in dying medication
8.7 to be prescribed;
8.8 (ii) proper
safekeeping and disposal of the medical aid in dying medication in accordance
8.9 with federal and
Minnesota law;
8.10 (iii) the importance of
having another person present when the individual self-administers
8.11 the medical aid in dying
medication; and
8.12 (iv) not
self-administering the medical aid in dying medication in a public place. For
8.13 purposes of this item, a
health care facility is not considered a public place;
8.14 (11) document in the
individual's medical record the individual's diagnosis and prognosis,
8.15 the attending provider's
determination of mental capability or referral for confirmation of
8.16 mental capability by a
licensed mental health consultant, the date of the oral request, a copy
8.17 of the written request,
and a notation that the requirements under this subdivision have been
8.18 met; and
8.19 (12) include in the
individual's medical record the consulting provider's written
8.20 confirmation that the
requirements in subdivision 2 have been met and, if applicable, the
8.21 licensed mental health
consultant's written determination.
8.22 (b) After the attending
provider completes the steps in paragraph (a); the consulting
8.23 provider completes the
steps in subdivision 2; and, if applicable, the licensed mental health
8.24 consultant completes the
steps in subdivision 3, the attending provider may prescribe medical
8.25 aid in dying medication
and any ancillary medications for the qualified individual. The
8.26 attending provider must:
8.27 (1) deliver the
prescription to a licensed pharmacist personally, by mail, or as an electronic
8.28 order; or
8.29 (2) if authorized by the
Drug Enforcement Administration, dispense medical aid in dying
8.30 medication and any
ancillary medications to the qualified individual or to an individual
8.31 expressly designated in
person by the qualified individual to receive the medications.
9.1 (c) Upon prescribing
medical aid in dying medication and any ancillary medications for
9.2 the qualified
individual, the attending provider must identify the prescribed medications in
9.3 the qualified
individual's medical record.
9.4 Subd.
2.Consulting provider qualifications and responsibilities. (a) If
the attending
9.5 provider is not a
doctor of medicine or osteopathy licensed by the Minnesota Board of
9.6 Medical Practice
pursuant to chapter 147, the consulting provider must be a doctor of
9.7 medicine or osteopathy
licensed by the Minnesota Board of Medical Practice pursuant to
9.8 chapter 147.
9.9 (b) After receiving a
referral from an attending provider of an individual requesting
9.10 medical aid in dying
medication, a consulting provider must:
9.11 (1) medically evaluate
the individual and the individual's relevant medical records;
9.12 (2) determine whether
the individual is mentally capable or refer the individual for
9.13 confirmation of mental
capability in accordance with subdivision 3;
9.14 (3) confirm that the
individual's request does not arise from coercion or undue influence
9.15 by asking the individual
outside the presence of other persons, except for an interpreter as
9.16 necessary, whether anyone
has attempted, by deception, intimidation, or other means, to
9.17 cause the individual to
request this prescription;
9.18 (4) inform the
individual of:
9.19 (i) the individual's
diagnosis and prognosis;
9.20 (ii) feasible
end-of-life care and treatment options for the individual's terminal disease,
9.21 including but not
limited to alternative, concurrent, or additional treatment options, comfort
9.22 care, palliative care,
hospice care, and pain control, and the risks and benefits of each;
9.23 (iii) the potential risk
associated with taking medical aid in dying medication;
9.24 (iv) the probable result
of taking medical aid in dying medication; and
9.25 (v) the individual's
right to rescind a request for medical aid in dying medication, or
9.26 consent for any other
treatment, at any time;
9.27 (5) if determined by the
consulting provider, submit written confirmation to the attending
9.28 provider that:
9.29 (i) the individual has a
terminal disease with a prognosis of six months or less;
10.1 (ii) the individual is
mentally capable or provide documentation that the consulting
10.2 provider has referred
the individual for further evaluation in accordance with subdivision
10.3 3; and
10.4 (iii) the individual's
request for medical aid in dying medication does not arise from
10.5 coercion or undue
influence; and
10.6 (6) offer the individual
an opportunity to rescind the request.
10.7 Subd. 3.Referral
for confirmation of mental capability. (a) If the attending provider
10.8 or the consulting
provider is unable to confirm that the individual requesting medical aid
10.9 in dying medication is
mentally capable, the attending provider or consulting provider who
10.10 cannot determine mental
capability must refer the individual to a licensed mental health
10.11 consultant for a
determination of mental capability.
10.12 (b) The licensed mental
health consultant who evaluates the individual under this
10.13 subdivision must submit
to the requesting provider a written determination of whether the
10.14 individual is mentally
capable.
10.15 (c) If the licensed
mental health consultant determines that the individual is not mentally
10.16 capable, the individual
is not a qualified individual and the attending provider must not
10.17 prescribe medical aid in
dying medication to the individual.
10.18 Subd. 4.Pharmacist
responsibilities. A pharmacist who receives a prescription for
10.19 medical aid in dying
medication may dispense the medication and any ancillary medications
10.20 to the attending
provider, to the qualified individual, or to an individual expressly designated
10.21 in person by the
qualified individual. When dispensed, the medical aid in dying medication
10.22 and any ancillary
medications must be dispensed in person or, with a signature required on
10.23 delivery, by mail
service, common carrier, or messenger service.
10.24 Subd. 5.No
duty to provide medical aid in dying. (a) A provider must provide
sufficient
10.25 information to an
individual with a terminal disease regarding available options, the
10.26 alternatives, and the
foreseeable risks and benefits of each so that the individual is able to
10.27 make informed decisions
regarding the individual's end-of-life health care.
10.28 (b) A provider may choose
whether or not to practice medical aid in dying.
10.29 (c) If a provider is
unable or unwilling to fulfill an individual's request for medical aid
10.30 in dying medication or to
provide related information or services requested by the individual,
10.31 the provider must, upon
request, transfer the individual's care and medical records to a new
10.32 provider consistent with
federal and Minnesota law. The provider must transfer the
11.1 individual's medical
records to a new provider within two business days after the provider
11.2 receives the
individual's transfer request.
11.3 (d) Consistent with
section 147.091, subdivision 1, paragraph (v); 147A.13, subdivision
11.4 1, clause (20); or
148.261, subdivision 1, clause (19), a provider must not engage in false,
11.5 misleading, or deceptive
practices relating to the provider's willingness to qualify an
11.6 individual or to provide
a prescription to a qualified individual for medical aid in dying
11.7 medication.
11.8 Subd. 6.No
duty to fill a medical aid in dying medication prescription. (a) A
11.9 pharmacist may choose
whether or not to fill a prescription for medical aid in dying
11.10 medication.
11.11 (b) Consistent with
Minnesota Rules, part 6800.2250, a pharmacist must not engage in
11.12 false, misleading, or
deceptive practices relating to the pharmacist's willingness to fill a
11.13 prescription for medical
aid in dying medication.
11.14 EFFECTIVE DATE. This
section is effective August 1, 2025.
11.15 Sec. 6. [145E.20] SAFE
DISPOSAL OF UNUSED MEDICATIONS.
11.16 After a qualified
individual's death, any individual, facility, or staff member in possession,
11.17 custody, or control of
medical aid in dying medications must ensure disposal of the
11.18 medication in accordance
with federal and Minnesota law and guidelines.
11.19 EFFECTIVE DATE. This
section is effective August 1, 2025.
11.20 Sec. 7. [145E.25] HEALTH
CARE FACILITIES; PERMISSIBLE PROHIBITIONS
11.21 AND DUTIES.
11.22 Subdivision
1.Facility policies. (a) A health care facility may prohibit
providers or
11.23 pharmacists from
determining an individual's qualification for medical aid in dying or
11.24 prescribing or dispensing
medical aid in dying medication while performing duties for the
11.25 facility. A prohibiting
health care facility must give providers and pharmacists advance
11.26 written notice of this
policy at the time of hiring, contracting with, or privileging the provider
11.27 or pharmacist.
11.28 (b) A health care
facility that fails to provide advance written notice of the policy as
11.29 required under paragraph
(a) waives the right to enforce any prohibitions authorized under
11.30 paragraph (a).
12.1 (c) No health care
facility shall prohibit a provider or pharmacist from fulfilling the
12.2 requirements of informed
consent and meeting the medical standard of care by:
12.3 (1) providing
information to an individual regarding the individual's health status,
12.4 including but not
limited to diagnosis, prognosis, recommended treatment, treatment
12.5 alternatives, and any
potential risks to the individual's health; or
12.6 (2) providing
information regarding health care services available under this chapter,
12.7 information about
relevant community resources, and information about how to access those
12.8 resources to obtain the
individual's care of choice.
12.9 Subd. 2.Timely
transfer. If an individual requests to transfer care to another
health
12.10 care facility, the
facility currently providing care to the individual shall cooperate with a
12.11 timely transfer to the
new facility, including transfer of the individual's medical records
12.12 within two business days
after the facility receives the individual's transfer request, in a
12.13 manner consistent with
applicable federal and Minnesota laws.
12.14 Subd. 3.False,
misleading, or deceptive practices prohibited. In accordance with
12.15 section 144.651, a health
care facility shall not engage in false, misleading, or deceptive
12.16 practices relating to the
facility's policy with respect to medical aid in dying, including:
12.17 (1) whether the facility
has a policy that prohibits affiliated providers or pharmacists
12.18 from determining an
individual's qualification for medical aid in dying or from prescribing
12.19 or dispensing medical aid
in dying medication to a qualified individual; or
12.20 (2) intentionally denying
an individual access to medical aid in dying medication by
12.21 failing to transfer the
individual to another provider or health care facility in a timely manner
12.22 or failing to transfer
the individual's medical records to another provider or health care
12.23 facility within two
business days after the facility receives the individual's transfer request.
12.24 Subd. 4.Conflict.
If any provision of this section is found to conflict with federal
12.25 requirements necessary
for a health care facility or the state to receive federal funds, the
12.26 conflicting provision of
this section is inoperative solely to the extent of the conflict as it
12.27 applies to the directly
affected facility, and the finding or determination shall not affect the
12.28 operation of the
remainder of this chapter.
12.29 EFFECTIVE DATE. This
section is effective August 1, 2025.
13.1 Sec. 8. [145E.30]
IMMUNITY FOR ACTIONS IN GOOD FAITH; PROHIBITION
13.2 AGAINST
REPRISALS.
13.3 (a) An individual,
including a provider, pharmacist, licensed mental health consultant,
13.4 or hospice provider
employee, shall not be subject to criminal liability or professional
13.5 disciplinary action,
including censure, suspension, loss of license, loss of privileges, or any
13.6 other penalty for
engaging in good faith compliance with this chapter.
13.7 (b) No provider or
health care facility shall subject a provider, pharmacist, or licensed
13.8 mental health consultant
to discharge, demotion, censure, discipline, suspension, loss of
13.9 license, loss of
privileges, discrimination, or any other penalty for:
13.10 (1) providing medical aid
in dying in accordance with the standard of care and in good
13.11 faith under this chapter
while engaged in the outside practice of the individual's profession
13.12 and off the facility
premises;
13.13 (2) providing scientific
and accurate information about medical aid in dying to an
13.14 individual when
discussing end-of-life care options; or
13.15 (3) choosing not to
practice or participate in medical aid in dying.
13.16 (c) No individual shall
be subject to civil or criminal liability or professional disciplinary
13.17 action if, at the request
of the qualified individual, the individual is present outside the scope
13.18 of their employment
contract and off the facility premises when the qualified individual
13.19 self-administers medical
aid in dying medication or at the time of death. An individual who
13.20 is present may, without
civil or criminal liability, assist the qualified individual by preparing
13.21 the medical aid in dying
medication, including opening medication containers, measuring
13.22 the medication, or
preparing an enteral dispenser containing the medication. The assisting
13.23 individual is not
permitted to assist the qualified individual by administering a prepared
13.24 enteral dispenser to the
qualified individual.
13.25 (d) The following acts do
not constitute neglect or elder abuse and are not a basis for
13.26 appointment of a guardian
or conservator:
13.27 (1) a request by an
individual for medical aid in dying medication; or
13.28 (2) the provision of
medical aid in dying medication.
13.29 (e) A failure by a
provider or a licensed mental health consultant to confirm that an
13.30 individual requesting
medical aid in dying medication is mentally capable is not a basis for
13.31 appointment of a guardian
or conservator.
13.32 (f) This section does not
limit civil liability for intentional or negligent misconduct.
14.1 EFFECTIVE DATE. This
section is effective August 1, 2025.
14.2 Sec. 9. [145E.35]
REPORTING REQUIREMENTS.
14.3 Subdivision
1.Forms. The commissioner of health must develop and maintain an
14.4 attending provider
checklist form and attending provider follow-up form to facilitate
14.5 collection of the
information required in this section. The commissioner must post the forms
14.6 on the Department of
Health website. Failure by the commissioner to develop the attending
14.7 provider checklist form
and attending provider follow-up form shall not delay the effective
14.8 date of this chapter and
shall not relieve an attending provider of the responsibility to submit
14.9 the information in
subdivision 2 or 3, as applicable, to the commissioner of health.
14.10 Subd. 2.Attending
provider checklist form; submission requirements. Within 30
14.11 calendar days after
providing a prescription for medical aid in dying medication, the attending
14.12 provider must submit to
the Department of Health an attending provider checklist form with
14.13 the following
information:
14.14 (1) the qualified
individual's name and date of birth;
14.15 (2) the qualified
individual's terminal diagnosis and prognosis;
14.16 (3) confirmation that the
requirements of section 145E.15 were met; and
14.17 (4) notice that the
attending provider prescribed medical aid in dying medication to the
14.18 qualified individual.
14.19 Subd. 3.Attending
provider follow-up form; submission requirements. Within 60
14.20 calendar days after
receiving notice of a qualified individual's death from self-administration
14.21 of medical aid in dying
medication prescribed by the attending provider, the attending
14.22 provider must submit to
the Department of Health an attending provider follow-up form
14.23 with the following
information:
14.24 (1) the qualified
individual's name and date of birth;
14.25 (2) the date of the
qualified individual's death; and
14.26 (3) an annotation of
whether or not the qualified individual was enrolled in hospice
14.27 services at the time of
the qualified individual's death.
14.28 Subd. 4.Review
of forms; annual report. (a) Effective August 1, 2025, through July
14.29 31, 2029, the
commissioner of health must annually review all of the forms submitted under
14.30 this section to ensure
completeness, timeliness, and accuracy of submitted forms. Effective
14.31 August 1, 2029, the
commissioner of health must annually review a sample of the forms
15.1 submitted under this
section to ensure completeness, timeliness, and accuracy of submitted
15.2 forms.
15.3 (b) The commissioner of
health must annually issue a public report with summary data
15.4 for the most recent
reporting period on the number of:
15.5 (1) prescriptions for
medical aid in dying medication provided;
15.6 (2) providers who
provided prescriptions for medical aid in dying medication; and
15.7 (3) qualified
individuals who died following self-administration of medical aid in dying
15.8 medication.
15.9 (c) For purposes of this
subdivision, "summary data" has the meaning given in section
15.10 13.02, subdivision 19.
15.11 Subd. 5.Data
practices. Information submitted to the commissioner of health under
15.12 subdivision 2 or 3 is
classified as private data on individuals as defined in section 13.02,
15.13 subdivision 12.
15.14 Subd. 6.Enforcement.
The commissioner of health may enforce this section under the
15.15 powers and authority in
sections 144.989 to 144.993.
15.16 EFFECTIVE DATE. This
section is effective August 1, 2025.
15.17 Sec. 10. [145E.40] EFFECT
ON CONSTRUCTION OF WILLS AND CONTRACTS.
15.18 (a) No provision in a
contract, will, or other agreement, whether written or oral, that
15.19 would determine whether
an individual may make or rescind a request for medical aid in
15.20 dying medication is
valid.
15.21 (b) No obligation owing
under any currently existing contract shall be conditioned on
15.22 or affected by an
individual's act of making or rescinding a request for medical aid in dying
15.23 medication.
15.24 EFFECTIVE DATE. This
section is effective August 1, 2025.
15.25 Sec. 11. [145E.45]
INSURANCE OR ANNUITY POLICIES.
15.26 (a) The sale,
procurement, or issuance of a life, health, or accident insurance or annuity
15.27 policy or the rate
charged for a policy shall not be conditioned on or affected by an
15.28 individual's act of
making or rescinding a request for medical aid in dying medication.
15.29 (b) A qualified
individual's act of self-administering medical aid in dying medication
15.30 does not invalidate any
part of a life, health, or accident insurance or annuity policy.
16.1 (c) An insurer, or the
commissioner of human services when delivering services under
16.2 medical assistance or
MinnesotaCare through managed care or fee-for-service, must not
16.3 deny or alter health care
benefits otherwise available to an individual with a terminal disease
16.4 who is an enrollee of
the health plan based on the availability of medical aid in dying, the
16.5 individual's request for
medical aid in dying medication, or the absence of a request for
16.6 medical aid in dying
medication.
16.7 (d) An insurer must not
attempt to coerce an individual with a terminal disease to request
16.8 medical aid in dying
medication.
16.9 EFFECTIVE DATE. This
section is effective August 1, 2025.
16.10 Sec. 12. [145E.50] DEATH
RECORD.
16.11 (a) Notwithstanding
any other provision of law, the attending provider may sign the
16.12 death record of a
qualified individual who obtained and self-administered medical aid in
16.13 dying medication.
16.14 (b) When a qualified
individual dies after self-administering medical aid in dying
16.15 medication:
16.16 (1) the cause of death on
the qualified individual's death record shall be attributed to the
16.17 qualified individual's
underlying terminal disease; and
16.18 (2) the death shall not
be designated on the death record as a suicide or homicide.
16.19 (c) Death of a qualified
individual after self-administration of medical aid in dying
16.20 medication does not
constitute grounds for postmortem inquiry by a coroner or medical
16.21 examiner. A coroner or
medical examiner notified of a qualified individual's death after
16.22 self-administration of
medical aid in dying medication shall decline jurisdiction over the
16.23 death record and refer
the death record to the attending provider according to paragraph (a).
16.24 EFFECTIVE DATE. This
section is effective August 1, 2025.
16.25 Sec. 13. [145E.55]
OFFENSES, PENALTIES, AND CLAIMS FOR COSTS
16.26 INCURRED.
16.27 Subdivision
1.Offenses. A person who commits any of the following acts is
guilty of
16.28 a felony and may be
sentenced as provided in subdivision 2:
16.29 (1) intentionally alters
or falsifies a request for medical aid in dying medication for
16.30 another individual;
17.1 (2) without authority of
law, intentionally destroys, mutilates, or conceals another
17.2 individual's rescission
of a request for medical aid in dying medication;
17.3 (3) compels another
individual to request medical aid in dying medication through the
17.4 use of coercion, undue
influence, harassment, duress, compulsion, or other enticement; or
17.5 (4) compels another
individual to self-administer medical aid in dying medication through
17.6 the use of coercion,
undue influence, harassment, duress, compulsion, or other enticement
17.7 and murder in the first
or second degree was not committed as a result.
17.8 Subd. 2.Penalties.
(a) An individual who violates subdivision 1, clause (1) or (2), may
17.9 be sentenced to
imprisonment for not more than five years or to payment of a fine of not
17.10 more than $10,000, or
both.
17.11 (b) An individual who
violates subdivision 1, clause (3), may be sentenced to
17.12 imprisonment for not more
than ten years or to payment of a fine of not more than $20,000,
17.13 or both.
17.14 (c) An individual who
violates subdivision 1, clause (4), may be sentenced to:
17.15 (1) imprisonment for not
more than 20 years or to payment of a fine of not more than
17.16 $40,000, or both; or
17.17 (2) imprisonment for not
more than 25 years or to payment of a fine of not more than
17.18 $50,000, or both, if the
person committed the violation through the use of force.
17.19 Subd. 3.Venue.
Notwithstanding anything to the contrary in section 627.01, an offense
17.20 committed under this
section may be prosecuted in: (1) the county where any part of the
17.21 offense occurred; or (2)
the county of residence of the victim or one of the victims.
17.22 Subd. 4.Civil
liability; other criminal penalties. (a) Nothing in this section
limits civil
17.23 liability or damages
arising from negligent conduct or intentional misconduct related to the
17.24 provision of medical aid
in dying, including failure to obtain informed consent by any
17.25 person, provider, or
health care facility.
17.26 (b) The penalties in this
section do not preclude criminal penalties applicable under other
17.27 laws for conduct that
violates this chapter.
17.28 Subd. 5.Claims
by governmental entity for costs incurred. A governmental entity
17.29 that incurs costs due to
a qualified individual's self-administration in a public place of
17.30 medical aid in dying
medication prescribed under section 145E.15 may file a claim against
17.31 the individual's estate
to recover the costs and reasonable attorney fees related to enforcing
17.32 the claim.
18.1 EFFECTIVE DATE. Subdivisions
1 to 3 and 4, paragraph (b), are effective August 1,
18.2 2025, and apply to
crimes committed on or after that date. Subdivisions 4, paragraph (a),
18.3 and 5 are effective
August 1, 2025.
18.4 Sec. 14. [145E.60]
CONSTRUCTION.
18.5 (a) Nothing in this
chapter authorizes a provider or any other person, including the
18.6 qualified individual, to
end the qualified individual's life by lethal injection, lethal infusion,
18.7 mercy killing, homicide,
murder, manslaughter, euthanasia, or any other criminal act.
18.8 (b) Actions taken in
accordance with this chapter do not, for any purpose, constitute
18.9 suicide, assisted
suicide, euthanasia, mercy killing, homicide, murder, manslaughter, elder
18.10 abuse or neglect, or any
other civil or criminal violation under the law.
18.11 EFFECTIVE DATE. This
section is effective August 1, 2025.
18.12 Sec. 15. COMMISSIONER OF
HEALTH; DEVELOPMENT OF FORMS.
18.13 By August 1, 2025, the commissioner of health must develop and
post on the Department
18.14 of Health website the
attending provider checklist form and attending provider follow-up
18.15 form required under
Minnesota Statutes, section 145E.35.
18.16 EFFECTIVE DATE. This
section is effective the day following final enactment.
18.17 ARTICLE 2
18.18 OTHER PROVISIONS
18.19 Section 1. Minnesota Statutes
2024, section 61A.031, is amended to read:
18.20 61A.031 SUICIDE PROVISIONS.
18.21 (a) The mental competency of
a person shall not be a factor in determining whether a
18.22 person completed suicide within
the terms of an individual or group life insurance policy
18.23 regulating the payment of
benefits in the event of the insured's suicide. This paragraph shall
18.24 not be construed to alter
present law but is intended to clarify present law.
18.25 (b) A life insurance policy or
certificate issued or delivered in this state may exclude or
18.26 restrict liability for any death
benefit in the event the insured dies as a result of suicide
18.27 within one year from the date of
the issue of the policy or certificate. Any exclusion or
18.28 restriction shall be clearly
stated in the policy or certificate. Any life insurance policy or
18.29 certificate which contains any
exclusion or restriction under this paragraph shall also provide
18.30 that in the event any death
benefit is denied because the insured dies as a result of suicide
18.31 within one year from the date of
issue of the policy or certificate, the insurer shall refund
19.1 all premiums paid for coverage
providing the denied death benefit on the insured. An
19.2 exclusion or restriction
authorized under this paragraph shall not apply in the event the
19.3 insured dies due to
self-administration of medical aid in dying medication obtained in
19.4 accordance with chapter
145E.
19.5 EFFECTIVE DATE. This
section is effective August 1, 2025.
19.6 Sec. 2. Minnesota Statutes
2024, section 144.99, subdivision 1, is amended to read:
19.7 Subdivision 1.Remedies
available. The provisions of chapters 103I and 157 and sections
19.8 115.71 to 115.77; 144.12,
subdivision 1, paragraphs (1), (2), (5), (6), (10), (12), (13), (14),
19.9 and (15); 144.1201 to 144.1204;
144.121; 144.1215; 144.1222; 144.35; 144.381 to 144.385;
19.10 144.411 to 144.417; 144.495;
144.71 to 144.74; 144.9501 to 144.9512; 144.97 to 144.98;
19.11 144.992; 145E.35; 326.70
to 326.785; 327.10 to 327.131; and 327.14 to 327.28 and all
19.12 rules, orders, stipulation
agreements, settlements, compliance agreements, licenses,
19.13 registrations, certificates, and
permits adopted or issued by the department or under any
19.14 other law now in force or later
enacted for the preservation of public health may, in addition
19.15 to provisions in other statutes,
be enforced under this section.
19.16 EFFECTIVE DATE. This
section is effective August 1, 2025.
19.17 Sec. 3. Minnesota Statutes 2024,
section 609.215, subdivision 3, is amended to read:
19.18 Subd. 3.Acts
or omissions not considered aiding suicide or aiding attempted
19.19 suicide. (a) A health
care provider, as defined in section 145B.02, subdivision 6, who
19.20 administers, prescribes, or
dispenses medications or procedures to relieve another person's
19.21 pain or discomfort, even if the
medication or procedure may hasten or increase the risk of
19.22 death, does not violate this
section unless the medications or procedures are knowingly
19.23 administered, prescribed, or
dispensed to cause death.
19.24 (b) A health care provider, as
defined in section 145B.02, subdivision 6, who withholds
19.25 or withdraws a life-sustaining
procedure in compliance with chapter 145B or 145C or in
19.26 accordance with reasonable
medical practice does not violate this section.
19.27 (c) A provider, as defined in
section 145E.02, subdivision 13, or pharmacist who
19.28 prescribes or dispenses
medical aid in dying medication in compliance with chapter 145E
19.29 does not violate this
section.
19.30 EFFECTIVE DATE. This
section is effective August 1, 2025, and applies to crimes
19.31 committed on or after
that date.
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ARTICLE 1
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END-OF-LIFE OPTION ACT........
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ARTICLE 2
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OTHER PROVISIONS........
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