REPORT TITLE:
Death with Dignity


DESCRIPTION:
Allows persons suffering irremediable conditions, including
incurable physical illness or impairment, to have death
administered with dignity upon the execution of a valid
declaration by the person requesting it.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           692
NINETEENTH LEGISLATURE, 1999                               
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO DEATH WITH DIGNITY.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The Hawaii Revised Statutes is amended by adding
 
 2 a new chapter to be appropriately designated and to read as
 
 3 follows:
 
 4                             "CHAPTER
 
 5                        DEATH WITH DIGNITY
 
 6      §   -1  Short title.  This chapter may be cited as the death
 
 7 with dignity law.
 
 8      §   -2  Purpose.  The purpose of this chapter is to provide
 
 9 in certain circumstances for the administration of death with
 
10 dignity to persons who request it and who are suffering from an
 
11 irremediable condition, and to enable persons to request in
 
12 advance the administration of death with dignity in the event of
 
13 their suffering from such a condition at a future date.
 
14      §   -3  Definitions.  As used in this chapter:
 
15      "Declaration" means a witnessed declaration in writing made
 
16 substantially in the form set forth in section    -5.
 
17      "Death with dignity" means the painless inducement of death.
 
18      "Irremediable condition" means a serious physical illness or
 
19 impairment medically thought in the patient's case to be
 

 
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 1 incurable and expected to cause the patient severe distress or
 
 2 render the patient incapable of rational existence.
 
 3      "Physician" means a person licensed to practice medicine or
 
 4 surgery pursuant to chapter 453.
 
 5      "Qualified patient" means an adult patient in respect of
 
 6 whom two physicians, one being of consultant status, have
 
 7 certified in writing that the patient appears to them to be
 
 8 suffering from an irremediable condition.
 
 9      §   -4  Authorization of death with dignity.
 
10 Notwithstanding any other law to the contrary and subject to this
 
11 chapter, it shall be lawful for a physician to administer death
 
12 with dignity to a qualified patient who has made a declaration
 
13 that is for the time being in force.
 
14      §   -5  Declaration; form.  The declaration authorizing
 
15 death with dignity shall be executed by the qualified patient and
 
16 witnessed by two witnesses.  The form of the declaration shall be
 
17 substantially as follows:
 
18      "I declare that I subscribe to the statements set out under
 
19 the following paragraphs:
 
20      (1)  If I should at any time suffer from a serious physical
 
21           illness or impairment medically thought in my case to
 
22           be incurable and expected to cause me severe distress
 
23           or render me incapable of rational existence, I request
 

 
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 1           the administration of death with dignity at a time or
 
 2           in circumstances to be indicated or specified by me or,
 
 3           if it is apparent that I have become incapable of
 
 4           giving directions, at the direction of the physician in
 
 5           charge of my case.
 
 6      (2)  In the event of my suffering from any of the conditions
 
 7           specified above, I request that no active steps be
 
 8           taken, and in particular that no resuscitatory
 
 9           techniques be used, to prolong my life or restore me to
 
10           consciousness.
 
11      (3)  This declaration is to remain in force unless I revoke
 
12           it, which I may do at any time, and any request I may
 
13           make concerning action to be taken or withheld in
 
14           connection with this declaration will be made without
 
15           further formalities.
 
16      I wish it to be understood that I have confidence in the
 
17 good faith of my relatives, and physicians, and fear degeneration
 
18 and indignity far more than I fear premature death.  I ask and
 
19 authorize the physician in charge of my case to bear these
 
20 statements in mind when considering what my wishes would be in
 
21 any uncertain situation.
 
22      (signature of declarant)
 
23      We testify that the above-named declarant signed this
 

 
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 1 declaration in our presence, and appeared to appreciate its
 
 2 significance.  We do not know of any pressure being brought on
 
 3 the declarant to make a declaration, and we believe that it is
 
 4 made by the declarant's own wish.  So far as we are aware, we are
 
 5 entitled to attest this declaration and do not stand to benefit
 
 6 by the death of the declarant.
 
 7      (signature of witness)
 
 8      (signature of witness)"
 
 9      §   -6  Effective date and duration of declaration.(a)
 
10 Except as otherwise provided in subsection (b), a declaration
 
11 shall come into force thirty days after being made and shall
 
12 remain in force, unless revoked, for three years.
 
13      (b)  A declaration re-executed within the twelve months
 
14 preceding its date of expiration shall remain in force, unless
 
15 revoked, during the lifetime of the declarant.
 
16      §   -7  Revocation of declaration.  A declaration may be
 
17 revoked at any time by destruction or by notice of cancellation
 
18 shown on its face, effected, in either case, by the declarant or
 
19 by the declarant's order.
 
20      §   -8  Duties and rights of physicians and nurses.(a)
 
21 Before causing death with dignity to be administered to a
 
22 mentally responsible patient, the physician in charge shall
 
23 ascertain to a reasonable satisfaction that the declaration and
 

 
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 1 all steps proposed to be taken under it accord with the patient's
 
 2 wishes.
 
 3      (b)  Death with dignity shall be deemed to be administered
 
 4 by a physician if treatment prescribed by a physician is given to
 
 5 the patient by a registered nurse.
 
 6      (c)  No person shall be under any duty, whether by contract
 
 7 or by any statutory or other legal requirement, to participate in
 
 8 any treatment authorized by this chapter to which the person has
 
 9 a conscientious objection.
 
10      §   -9  Nonliability of physicians and nurses.(a)  A
 
11 physician or nurse who, acting in good faith, causes death with
 
12 dignity to be administered to a qualified patient in accordance
 
13 with this chapter and with what the person so acting believes to
 
14 be the patient's declaration and wishes, shall under no
 
15 circumstances be subject to any civil liability and shall not be
 
16 guilty of any criminal offense.
 
17      (b)  Physicians and nurses who have taken part in the
 
18 administration of death with dignity in accordance with this
 
19 chapter shall be deemed not to be in breach of any professional
 
20 oath or affirmation.
 
21      §   -10  Offenses; penalties.(a)  It shall be an offense
 
22 punishable by imprisonment for life to wilfully conceal, destroy,
 
23 falsify, or forge a declaration with intent to create a false
 

 
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 1 impression of another person's wishes with regard to death with
 
 2 dignity.
 
 3      (b)  A person witnessing a declaration who wilfully signs a
 
 4 statement knowing it to be false shall be guilty of the offense
 
 5 of perjury and subject to the penalties prescribed therefor.
 
 6      §   -11  Insurance policies.  No policy of insurance that
 
 7 has been in force for twelve months shall be impaired or rendered
 
 8 ineffective by the administration of death with dignity to the
 
 9 insured.
 
10      §   -12  Administration of drugs to patients suffering
 
11 severe distress.  For the purpose of removing any doubt as to its
 
12 legal effect, it is declared that a patient suffering from an
 
13 irremediable condition medically thought in the patient's case to
 
14 be terminal shall be entitled to the administration of whatever
 
15 quantity of drugs may be required to keep the patient free from
 
16 pain, and such a patient in whose case severe distress cannot be
 
17 otherwise relieved, if the patient so requests, shall be entitled
 
18 to drugs rendering the patient continuously unconscious.
 
19      §   -13  Rules.  The director of health shall adopt rules in
 
20 accordance with chapter 91, necessary for the purposes of this
 
21 chapter, including rules for:
 
22      (1)  The determination of classes of persons who may or may
 
23           not sign or witness a declaration;
 

 
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 1      (2)  For appointing, with their consent, hospital physicians
 
 2           having responsibility in relation to patients who have
 
 3           made or wish to make declarations; and
 
 4      (3)  For the prescribing of any matters the director thinks
 
 5           necessary under this chapter.
 
 6      §   -14  No effect.  This chapter shall not affect the
 
 7 validity or administration of chapter 327D."
 
 8      SECTION 2.  Section 327D-13, Hawaii Revised Statutes, is
 
 9 repealed.
 
10      ["[§327D-13]  Mercy killing or euthanasia prohibited.
 
11 Nothing in the chapter shall be construed to condone, authorize,
 
12 or approve mercy killing or euthanasia."]
 
13      SECTION 3.  Statutory material to be repealed is bracketed.
 
14      SECTION 4.  This Act shall take effect upon its approval.
 
15 
 
16                              INTRODUCED BY:  ____________________