The New Jersey legislature has passed a medical aid in dying bill which Governor Murphy has indicated he will sign.
The new law states that
[New Jersey] affirms the right of a qualified terminally ill patient, protected by appropriate safeguards, to obtain medication that the patient may choose to self-administer in order to bring about the patient’s humane and dignified death.
Under the new law, a consulting physician must first examine that patient and the patient’s relevant medical records, confirm, in writing, the diagnosis that the patient is terminally ill with less than six months to live, and verify that the patient is capable, is acting voluntarily, and has capacity to make informed decisions. Once that is done, the patient must make two oral requests and one written request to the patient’s physician for medication to bring about the patient’s death, subject to the following requirements: (1) at least 15 days shall elapse between the initial oral request and the second oral request; (2) at the time the patient makes a second oral request, the physician shall offer the patient an opportunity to rescind the request; (3) the patient may submit the written request to the physician when the patient makes the initial oral request or at any time thereafter. The written request must be witnessed by two people, including one who is not a family member, a beneficiary of the patient’s will or the attending physician; and, (4) at least 15 days must elapse between the patient’s initial oral request and the writing of the medication prescription.
Under the new law, the written request for medication to bring about the patient’s death must be in substantially the following form:
REQUEST FOR MEDICATION TO END MY LIFE IN A HUMANE AND DIGNIFIED MANNER
I, . . . . . . . . . . . . . . . , am an adult of sound mind and a resident of New Jersey. I am suffering from . . . . . . . . . . . . . . . , which my attending physician has determined is a terminal illness, disease, or condition and which has been medically confirmed by a consulting physician. I have been fully informed of my diagnosis, prognosis, the nature of medication to be prescribed and potential associated risks, the expected result, and the feasible alternatives, including concurrent or additional treatment opportunities, palliative care, comfort care, hospice care, and pain control. I request that my attending physician prescribe medication that I may self-administer to end my life in a humane and dignified manner and to contact any pharmacist as necessary to fill the prescription.
INITIAL ONE:
. . . . . I have informed my family of my decision and taken their opinions into consideration.
. . . . . I have decided not to inform my family of my decision.
. . . . . I have no family to inform of my decision.
. . . . . My attending physician has recommended that I participate in a consultation concerning concurrent or additional treatment opportunities, palliative care, comfort care, hospice care, and pain control options, and provided me with a referral to a health care professional qualified to discuss these options with me.
. . . . . I have participated in a consultation concerning concurrent or additional treatment opportunities, palliative care, comfort care, hospice care, and pain control options.
. . . . . I am currently receiving palliative care, comfort care, or hospice care. I understand that I have the right to rescind this request at any time. I understand the full import of this request, and I expect to die if and when I take the medication to be prescribed. I further understand that, although most deaths occur within three hours, my death may take longer and my physician has counseled me about this possibility. I make this request voluntarily and without reservation, and I accept full responsibility for my decision.
Signed: . . . . . . . . . . . . . . .
Dated: . . . . . . . . . . . . . . .
DECLARATION OF WITNESSES
By initialing and signing below on or after the date the person named above signs, we declare that the person making and signing the above request:
Witness 1 Witness 2
Initials Initials
. . . . . . . . . . . . . . . . . .
1.Is personally known to us or has provided proof of identity.
. . . . . . . . . . . . . . . . . .
2.Signed this request in our presence on the date of the person’s signature.
. . . . . . . . . . . . . . . . .
3.Appears to be of sound mind and not under duress, fraud, or undue influence.
. . . . . . . . . . . . . . . . .
4.Is not a patient for whom either of us is the attending physician.
. . . . . . . . . . . . . . . . . .
Printed Name of Witness 1: . . . . . . . . . . . . .
Signature of Witness 1/Date: . . . . . . . . . . . .
Printed Name of Witness 2: . . . . . . . . . . . . .
Signature of Witness 2/Date: . . . . . . . . . . . .
A request for medication shall not be granted unless the qualified terminally ill patient has documented that he or she is a New Jersey resident by furnishing the physician a copy of one of the following: a. a driver’s license or non-driver identification card issued by the New Jersey Motor Vehicle Commission; b. proof that the person is registered to vote in New Jersey; c. a New Jersey resident gross income tax return filed for the most recent tax year; or d. any other government record that the attending physician reasonably believes to demonstrate the individual’s current residency in New Jersey.
The new law can be accessed here –
UPDATED ON APRIL 12, 2019: New Jersey has legalized assisted suicide, enacting the “Medical Aid in Dying for the Terminally Ill Act” that will take effect August 1, 2019.
Gov. Phil Murphy signed the law on Friday, April 12, 2019. The new law will allow terminally ill New Jersey adults to end their lives peacefully, with dignity, and at their own discretion. The law permits terminally ill, adult patients to obtain and self-administer medication to end their lives.
For additional information concerning New Jersey elder law, visit:
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