Massachusetts
House Bill 1194 (2017)
Massachusetts End of Life Options Act
Check the status of this bill at the
Massachusetts Legislature
Note: The following protection of conscience provisions
are included in a bill to legalize assisted suicide in Massachusetts for
residents who are at least 18 years old and diagnosed with a terminal
illness with a life expectancy of six months or less.
Assuming that "participation" includes referral, what the proposed
bill proposes is a patient-initiated transfer of care that is the norm
in other jurisdictions (except parts of Canada) where euthanasia or
assisted suicide is legal. Objecting physicians generally do not
object to transferring care to a physician whom the patient has found.
However, the text of the bill is ambiguous because Section 4(b)iv
implies that physicians are, in fact, expected to refer patients to a
willing colleague. [Complete
text of bill] [Administrator]
Section 15. Provider Participation
(1)
A health care provider may choose whether to voluntarily
participate in providing to a qualified patient medication
pursuant to this act and is not under any duty, whether by
contract, by statute, or by any other legal requirement, to
participate in providing a qualified patient with the
medication.
(2)
A health care provider or professional organization or
association may not subject an individual to censure,
discipline, suspension, loss of license, loss of privileges,
loss of membership, or other penalty for participating or
refusing to participate in providing medication to a
qualified patient pursuant to this chapter.
(3)
If a health care provider is unable or unwilling to carry
out a patient's request under this chapter and the patient
transfers care to a new health care provider, the prior
health care provider shall transfer, upon request, a copy of
the patient's relevant medical records to the new health
care provider.
(4)
(a) Health care providers shall maintain and disclose to
consumers upon request their written policies outlining the
extent to which they refuse to participate in providing to a
qualified patient any medication pursuant to this act.
(b)
The required consumer disclosure shall at minimum:
(i)
include information about the Massachusetts End of Life
Options Act;
(ii)
identify the specific services in which they refuse to
participate;
(iii) clarify any difference between institution-wide
objections and those that may be raised by individual
licensed providers who are employed or work on contract with
the provider;
(iv)
describe the mechanism the provider will use to provide
patients a referral to another provider or provider in the
provider’s service area who is willing to perform the
specific health care service;
(v)
describe the provider’s policies and procedures relating to
transferring patients to other providers who will implement
the health care decision;
(vi)
inform consumers that the cost of such transfer will be
borne by the transferring provider;
(vii) describe the internal and external consumer complaint
processes available to patients affected by the provider’s
objections.
(c)
The consumer disclosure shall be provided:
(i)
to any individual upon the request;
(ii)
to a patient or resident or their authorized appointed
health care agents, guardians, surrogate decision-maker
upon admission or at the time of initial receipt of health
care.