txt

HB 54: "An Act relating to the voluntary termination of life by terminally ill individuals; and providing for an effective date."

00                              HOUSE BILL NO. 54                                                                          
01 "An Act relating to the voluntary termination of life by terminally ill individuals; and                                
02 providing for an effective date."                                                                                       
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 11.41.115 is amended by adding a new subsection to read:                                           
05            (g) In a prosecution under AS 11.41.100(a)(1) or 11.41.110(a)(1) or (2), it is an                            
06       affirmative defense that the defendant was performing an action allowed under                                     
07       AS 13.55.                                                                                                         
08    * Sec. 2. AS 11.41.120 is amended by adding a new subsection to read:                                              
09            (c)  In a prosecution under this section, it is an affirmative defense that the                              
10       defendant was performing an action allowed under AS 13.55.                                                        
11    * Sec. 3. AS 13 is amended by adding a new chapter to read:                                                        
12                  Chapter 55. Voluntary Termination of Life.                                                           
13            Sec. 13.55.010. Individuals allowed to terminate life. (a) A qualified                                     
14       individual may terminate the qualified individual's life under this chapter. To be                                
01       qualified, an individual shall                                                                                    
02                 (1) be a resident of this state;                                                                        
03                 (2) be an adult;                                                                                        
04                 (3) have been determined by a court, the individual's attending                                         
05       physician, the individual's consulting physician, the individual's psychiatrist, or the                           
06       individual's psychologist to be capable;                                                                          
07                 (4) have been determined by the individual's attending physician and                                    
08       consulting physician to be suffering from a terminal disease; and                                                 
09                 (5) have voluntarily expressed the wish to die.                                                         
10 (b) An individual does not qualify under (a) of this section solely because of                                          
11       the individual's age or disability.                                                                               
12 Sec. 13.55.020. Attending physician and pharmacist authority. If a                                                    
13 qualified individual's attending physician complies with this chapter, the attending                                    
14       physician may                                                                                                     
15 (1) dispense medication directly to the qualified individual, including                                                 
16 ancillary medications intended to facilitate the desired effect or minimize the qualified                               
17       individual's discomfort; or                                                                                       
18 (2) write a prescription for the medication for the qualified individual                                                
19 and personally or by mail deliver the prescription for the medication to a pharmacist,                                  
20 who may dispense the medication to the qualified individual, the attending physician,                                   
21       or an expressly identified agent of the qualified individual.                                                     
22 Sec. 13.55.030. Requests for medication. (a) To receive medication under this                                         
23 chapter, a qualified individual shall make an oral request and a written request to the                                 
24 qualified individual's attending physician. The qualified individual shall repeat the oral                              
25 request to the qualified individual's attending physician more than 15 days after                                       
26       making the initial oral request.                                                                                  
27 (b) Notwithstanding (a) of this section, if a qualified individual is not                                               
28 physically able to speak, a qualified individual may make an oral request by whatever                                   
29 means the qualified individual can use to make the request, including electronic                                        
30       means, as long as the request is made in person.                                                                  
31 (c) Notwithstanding (a) of this section, if a qualified individual is not                                               
01 physically able to sign a written request, the qualified individual may direct another                                  
02       individual to sign for the qualified individual.                                                                  
03 Sec. 13.55.040. Right to rescind request. When a qualified individual makes                                           
04 the second oral request under AS 13.55.030, the attending physician shall offer the                                     
05 qualified individual an opportunity to rescind the initial oral request and the written                                 
06 request. A qualified individual may rescind a request at any time and in any manner                                     
07 without regard to the qualified individual's mental state. An attending physician may                                   
08 not dispense or prescribe medication under this chapter unless the attending physician                                  
09       offers the qualified individual an opportunity to rescind the request.                                            
10 Sec. 13.55.050. Written request requirements. (a) A written request for                                               
11 medication under this chapter must be in substantially the form described in                                            
12 AS 13.55.060, signed and dated by the qualified individual, and witnessed by at least                                   
13 two other individuals. The attending physician may not witness the request. The                                         
14 witnesses shall, in the presence of the qualified individual, attest that, to the best of                               
15 their knowledge and belief, the qualified individual is capable, acting voluntarily, and                                
16       not under undue influence to sign the request.                                                                    
17            (b) Only one witness may be                                                                                  
18 (1) a relative of the qualified individual by blood, marriage, or                                                       
19       adoption;                                                                                                         
20 (2) an individual who, at the time the qualified individual signs the                                                   
21 request, would be entitled to a portion of the estate of the qualified individual at death                              
22       under a will or by operation of law; or                                                                           
23 (3) an owner, operator, or employee of a health care facility where the                                                 
24       qualified individual is receiving medical treatment or is a resident.                                             
25 (c) If the qualified individual is an inpatient in a long-term care facility when                                       
26 the qualified individual signs the request, one of the witnesses shall be an individual                                 
27 designated by the facility who has the qualifications established by the department by                                  
28 regulation. In this subsection, "long-term care facility" includes an assisted living                                   
29       home as defined in AS 47.32.900 and a nursing facility as defined in AS 47.32.900.                                
30 Sec. 13.55.060. Form for written request. A request for a medication under                                            
31       this chapter must be in substantially the following form:                                                         
01                  REQUEST FOR MEDICATION TO END MY LIFE                                                                  
02            I, _________________, am an adult of sound mind.                                                             
03            I am suffering from _______________, which my attending physician                                            
04       has determined is a terminal disease and which has been medically confirmed                                       
05       by a consulting physician.                                                                                        
06 I have been fully informed of my diagnosis, prognosis, the nature of the                                                
07 medication to be prescribed and potential associated risks, the expected result,                                        
08 and the feasible alternatives, including comfort care, hospice care, and pain                                           
09       control.                                                                                                          
10 I request that my attending physician prescribe medication that will end                                                
11       my life in a humane and dignified manner.                                                                         
12            INITIAL ONE OF THE FOLLOWING:                                                                                
13 _____ I have informed my family of my decision and taken their                                                          
14       opinions into consideration.                                                                                      
15            _____ I have decided not to inform my family of my decision.                                                 
16            _____ I have no family to inform of my decision.                                                             
17            I understand that I have the right to rescind this request at any time.                                      
18 I understand the full import of this request, and I expect to die when I                                                
19 take the medication to be prescribed. I further understand that, although most                                          
20 deaths occur within three hours, my death may take longer, and my attending                                             
21       physician has counseled me about this possibility.                                                                
22 I make this request voluntarily and without reservation, and I accept                                                   
23       full moral responsibility for my actions.                                                                         
24            Signed: _____________________                                                                                
25            Dated: ______________________                                                                                
26                        DECLARATION OF WITNESSES                                                                         
27            We declare that the person signing this request                                                              
28 (1) is personally known to us or has provided proof of                                                                  
29            identity;                                                                                                    
30 (2) in our presence signed or directed another person to                                                                
31            sign this request;                                                                                           
01                      (3) is not an individual for whom either of us is the                                              
02            attending physician; and                                                                                     
03                      (4) to the best of our knowledge and belief,                                                       
04                           (A) has the ability to make and communicate                                                   
05                 health care decisions to health care providers; and                                                     
06                           (B) is acting voluntarily and not under undue                                                 
07                 influence.                                                                                              
08            _______________________ Witness 1 Date: _____                                                                
09            _______________________ Witness 2 Date: _____                                                                
10 NOTE: One witness may not be a relative (by blood, marriage, or                                                         
11 adoption) of the individual signing this request, may not be entitled to a portion                                      
12 of the individual's estate on death, and may not own, operate, or be employed                                           
13 at a health care facility where the person is an individual or resident. If the                                         
14 individual is an inpatient at a health care facility, one of the witnesses shall be                                     
15       an individual designated by the facility.                                                                         
16            Sec. 13.55.070. Attending physician duties and authority. (a) The attending                                
17       physician shall                                                                                                   
18                 (1) make the initial determination of whether an individual has a                                       
19       terminal disease, is capable, and has made the request for medication voluntarily;                                
20                 (2) request that the individual demonstrate that the individual is a                                    
21       resident of this state;                                                                                           
22                 (3) inform the individual of the                                                                        
23                      (A) individual's medical diagnosis;                                                                
24                      (B) individual's prognosis;                                                                        
25                      (C) potential risks associated with taking the medication;                                         
26                      (D) probable result of taking the medication; and                                                  
27                      (E) feasible alternatives, including comfort care, hospice care,                                   
28            and pain control;                                                                                            
29                 (4) refer the individual to a consulting physician for medical                                          
30       confirmation of the diagnosis and for a determination that the individual is capable and                          
31       acting voluntarily;                                                                                               
01                 (5) refer the individual for counseling if appropriate under                                            
02       AS 13.55.090;                                                                                                     
03                 (6) recommend that the qualified individual notify the qualified                                        
04       individual's next of kin;                                                                                         
05                 (7) counsel the qualified individual about the importance of having                                     
06       another person present when the qualified individual takes the medication prescribed                              
07       under this chapter and of not taking the medication in a public place;                                            
08                 (8) inform the qualified individual that the qualified individual has an                                
09       opportunity to rescind the request at any time and in any manner and offer the                                    
10 qualified individual an opportunity to rescind the request at the end of the 15-day                                     
11       waiting period under AS 13.55.030;                                                                                
12 (9) immediately before dispensing or prescribing medication under this                                                  
13       chapter, verify that the qualified individual is making an informed decision;                                     
14 (10) fulfill the requirements of AS 13.55.130 for medical record                                                        
15       documentation;                                                                                                    
16 (11) ensure that all appropriate steps are carried out under this chapter                                               
17 before dispensing or prescribing medication to enable a qualified individual to end the                                 
18       qualified individual's life under this chapter; and                                                               
19 (12) if the attending physician has a current federal Drug Enforcement                                                  
20 Administration registration number and complies with applicable regulations, dispense                                   
21 medication directly, including ancillary medications intended to facilitate the desired                                 
22 effect or minimize the qualified individual's discomfort, or, with the qualified                                        
23       individual's written consent,                                                                                     
24 (A) contact a pharmacist and inform the pharmacist of a                                                                 
25            prescription for the medication; and                                                                         
26 (B) deliver the written prescription personally or by mail to the                                                       
27 pharmacist who will dispense the medication to the qualified individual, the                                            
28 attending physician, or an agent of the qualified individual who is expressly                                           
29            identified as an agent by the qualified individual.                                                          
30 (b) Notwithstanding any other provision of law to the contrary, the attending                                           
31       physician may sign the qualified individual's death certificate.                                                  
01 Sec. 13.55.080. Confirmation by consulting physician. Before an individual                                            
02 becomes a qualified individual under this chapter, a consulting physician shall                                         
03 examine the individual and the individual's relevant medical records, confirm in                                        
04 writing the attending physician's diagnosis that the individual is suffering from a                                     
05 terminal disease, and verify that the individual is capable, is acting voluntarily, and                                 
06       has made an informed decision.                                                                                    
07 Sec. 13.55.090. Counseling referral. If the attending physician or the                                                
08 consulting physician determines that an individual may be suffering from a psychiatric                                  
09 or psychological disorder or depression causing impaired judgment, either physician                                     
10 shall refer the individual for counseling, and the attending physician may not dispense                                 
11 or prescribe medication until the person performing the counseling determines that the                                  
12 individual is not suffering from depression or a psychiatric or psychological disorder                                  
13       causing impaired judgment.                                                                                        
14 Sec. 13.55.100. Informed decision. An attending physician may not dispense                                            
15 or prescribe medication unless the qualified individual has made an informed decision.                                  
16 Immediately before dispensing or prescribing medication under this chapter, the                                         
17 attending physician shall verify that the qualified individual is making an informed                                    
18       decision.                                                                                                         
19 Sec. 13.55.110. Family notification. The attending physician may not deny a                                           
20 qualified individual's request for medication if the qualified individual declines or is                                
21       unable to notify the qualified individual's next of kin.                                                          
22 Sec. 13.55.120. Waiting periods. An attending physician may not dispense                                              
23 medication or write a prescription for medication for a qualified individual unless                                     
24 more than 15 days have elapsed between the qualified individual's initial oral request                                  
25 and the writing of the prescription and more than 48 hours have elapsed between the                                     
26       qualified individual's written request and the writing of the prescription.                                       
27 Sec. 13.55.130. Medical record documentation requirements. Before a                                                   
28 qualified individual receives medication under this chapter, the medical record of the                                  
29       qualified individual must contain                                                                                 
30 (1) all oral requests by a qualified individual for medication under this                                               
31       chapter;                                                                                                          
01                 (2) all written requests by a qualified individual for medication under                                 
02       this chapter;                                                                                                     
03                 (3) the attending physician's diagnosis, prognosis, and determination                                   
04       that the individual is capable, is acting voluntarily, and has made an informed                                   
05       decision;                                                                                                         
06                 (4) the consulting physician's diagnosis, prognosis, and verification that                              
07       the individual is capable, is acting voluntarily, and has made an informed decision;                              
08                 (5) if counseling is performed, a report of the determinations made                                     
09       during counseling and the outcome;                                                                                
10 (6) the attending physician's offer to the qualified individual to rescind                                              
11 the qualified individual's request at the time of the qualified individual's second oral                                
12       request under AS 13.55.030;                                                                                       
13 (7) a note by the attending physician indicating that all requirements                                                  
14 under this chapter have been met and indicating the steps taken to carry out the                                        
15       request, including a statement describing the medication prescribed.                                              
16 Sec. 13.55.140. Effect on construction of wills and contracts. A provision in                                         
17 a will or a contract, whether written or oral, is not valid to the extent that the provision                            
18 requires, prohibits, imposes a condition on, or otherwise addresses whether an                                          
19       individual may make or rescind a request for medication under this chapter.                                       
20 Sec. 13.55.150. Immunity. (a) A person is not subject to civil or criminal                                            
21 liability or professional disciplinary action, including disciplinary action by a licensing                             
22 authority, for participating in good faith compliance with this chapter, including being                                
23 present when a qualified individual takes the prescribed medication to end the                                          
24       qualified individual's life under this chapter.                                                                   
25 (b) A professional organization or association or health care provider may not                                          
26 subject a person to censure, discipline, suspension, loss of license, loss of privileges,                               
27 loss of membership, or other penalty for participating in or refusing to participate in                                 
28       good faith compliance with this chapter.                                                                          
29 (c) A request by an individual for, or provision by an attending physician of,                                          
30 medication in good faith compliance with this chapter does not provide the sole basis                                   
31       for the appointment of a guardian or conservator of the individual.                                               
01 Sec. 13.55.160. No duty to participate. A health care provider is not under a                                         
02 duty, whether by contract, statute, or other legal requirement, to dispense medication,                                 
03 prescribe medication, or otherwise participate in the provision of medication to a                                      
04 qualified individual under this chapter. If a health care provider is unable or unwilling                               
05 to carry out a qualified individual's request under AS 13.55.030 and the qualified                                      
06 individual transfers the qualified individual's care to another health care provider, the                               
07 transferring health care provider shall provide to the other health care provider, at the                               
08 qualified individual's request, a copy of the qualified individual's relevant medical                                   
09       records.                                                                                                          
10 Sec. 13.55.170. Prohibition against participation; sanctions. (a)                                                     
11 Notwithstanding another provision of law to the contrary, a health care provider may                                    
12 prohibit another health care provider from participating in this chapter on the premises                                
13 of the prohibiting health care provider if the prohibiting health care provider notifies                                
14 the other health care provider of the prohibiting health care provider's policy regarding                               
15 not participating in this chapter. This subsection does not prevent a health care                                       
16 provider from providing health care services to an individual if the health care services                               
17       do not constitute participating in this chapter.                                                                  
18 (b) Notwithstanding AS 13.55.150 and 13.55.160, a health care provider may                                              
19 sanction another health care provider as follows if the sanctioning health care provider                                
20 notifies the sanctioned health care provider before participating under this chapter that                               
21       the sanctioning health care provider prohibits participating in this chapter:                                     
22 (1) loss of privileges, loss of membership, or other sanction provided                                                  
23 under the bylaws, policies, or procedures of the sanctioning health care provider if the                                
24 sanctioned health care provider is a member of the sanctioning health care provider's                                   
25 medical staff and is participating in this chapter while on the health care facility                                    
26 premises of the sanctioning health care provider; in this paragraph, "health care                                       
27 facility premises" does not include the private medical office of the sanctioned health                                 
28 care provider even if located on the health care facility premises of the sanctioning                                   
29       health care provider;                                                                                             
30 (2) termination of lease or other contract or imposition of nonmonetary                                                 
31 remedies provided by the lease or other contract if the sanctioned health care provider                                 
01 is participating in this chapter while on the premises of the sanctioning health care                                   
02 provider or on property that is owned by or under the direct control of the sanctioning                                 
03 health care provider; in this paragraph, "remedies" does not include the loss or                                        
04       restriction of medical staff privileges or exclusion from a provider panel; or                                    
05 (3) termination of a contract or imposing other nonmonetary remedies                                                    
06 provided by a contract if the sanctioned health care provider is participating in this                                  
07 chapter while acting in the course and scope of the sanctioned health care provider's                                   
08 capacity as an employee, except as a member of the sanctioning health care provider's                                   
09 medical staff, or independent contractor of the sanctioning health care provider; this                                  
10       paragraph does not prevent                                                                                        
11 (A) a health care provider from participating in this chapter                                                           
12 while acting outside the course and scope of the health care provider's capacity                                        
13            as an employee or independent contractor; or                                                                 
14 (B) an individual from contracting with the individual's                                                                
15 attending physician or consulting physician to act outside the course and scope                                         
16 of the physician's capacity as an employee or independent contractor of the                                             
17            sanctioning health care provider.                                                                            
18 (c) A health care provider who imposes sanctions under (b) of this section shall                                        
19 follow all procedures that are provided under an applicable contract, the applicable                                    
20       terms of employment, or law for imposing the sanctions.                                                           
21 (d) Suspension or termination of staff membership or privileges under (b) of                                            
22       this section is not reportable under AS 08.64.336.                                                                
23            (e) In this section,                                                                                         
24 (1) "notifies" means delivers a written statement to the health care                                                    
25 provider specifically informing the health care provider before the health care                                         
26 provider's participation in this chapter of the sanctioning health care provider's policy                               
27       about participation in activities covered by this chapter;                                                        
28 (2) "participating in this chapter" means performing the duties of an                                                   
29 attending physician under AS 13.55.070, the function of a consulting physician under                                    
30 AS 13.55.080, or the counseling function under AS 13.55.090; in this paragraph,                                         
31       "performing the duties" does not include                                                                          
01                      (A) making an initial determination that an individual has a                                       
02            terminal disease and informing the individual of the medical prognosis;                                      
03                      (B) providing information about this chapter to an individual at                                   
04            the request of the individual;                                                                               
05                      (C) providing an individual with a referral to another physician                                   
06            at the request of the individual; or                                                                         
07 (D) contracting with the individual's attending physician or                                                            
08 consulting physician to act outside the course and scope of the health care                                             
09 provider's capacity as an employee or independent contractor of a sanctioning                                           
10            health care provider.                                                                                        
11 Sec. 13.55.180. Criminal penalties. (a) A person commits the crime of abuse                                           
12 of life termination process if the person, with the intent to cause the individual's death                              
13       or knowing that the death of the individual is substantially certain to result,                                   
14 (1) without the authorization of the individual, falsely makes, completes, or                                           
15 alters a request for medication or conceals or destroys a rescission of the individual's                                
16       request; or                                                                                                       
17 (2) exerts undue influence on an individual to request medication for the                                               
18 purpose of ending the individual's life or to destroy a rescission of the individual's                                  
19       request.                                                                                                          
20 (b) Abuse of life termination process is a class A felony and may be punished                                           
21       as provided in AS 12.55.                                                                                          
22 (c) This chapter does not prevent the imposition of criminal penalties that                                             
23       apply under another law for conduct that is inconsistent with this chapter.                                       
24 Sec. 13.55.190. Civil penalties. This chapter does not limit liability for civil                                      
25       damages resulting from a person's negligent conduct or intentional misconduct.                                    
26 Sec. 13.55.200. Claims for costs incurred. A governmental entity that incurs                                          
27 expenses that result from the termination by a qualified individual of the qualified                                    
28 individual's life under this chapter in a public place may file a claim against the estate                              
29       of the individual to recover the costs and attorney fees related to enforcing the claim.                          
30 Sec. 13.55.210. Duties of department. (a) The department shall annually                                               
31       review a sample of records maintained under this chapter.                                                         
01 (b) After dispensing medication under this chapter, a health care provider shall                                        
02       file with the department a copy of the record of dispensing the medication.                                       
03 (c) The department shall adopt regulations under AS 44.62 (Administrative                                               
04 Procedure Act) to facilitate the collection of information about compliance with this                                   
05 chapter. The information collected is not a public record under AS 40.25.100, and the                                   
06       department may not make the information available for inspection by the public.                                   
07 (d) The department shall generate and make available to the public an annual                                            
08 statistical report of the information collected under (c) of this section. The statistical                              
09 report may not disclose information that is confidential under (c) of this section, but                                 
10 shall present the information in a manner that prevents the identification of particular                                
11       persons.                                                                                                          
12 Sec. 13.55.220. Construction of chapter. (a) This chapter may not be                                                  
13 construed to authorize or require a health care provider to provide health care contrary                                
14       to generally accepted health care standards applicable to the health care provider.                               
15 (b) This chapter may not be construed to authorize a physician or another                                               
16 person to end an individual's life by lethal injection, mercy killing, or active                                        
17 euthanasia. An action allowed by this chapter is an affirmative defense to a criminal                                   
18 charge of homicide, murder, manslaughter, criminally negligent homicide, suicide,                                       
19       assisted suicide, mercy killing, or euthanasia under the law of this state.                                       
20 Sec. 13.55.230. Insurance or annuity policies; contracts. Notwithstanding                                             
21 AS 21.45.250 or another provision to the contrary, a person may not condition the                                       
22 sale, procurement, issuance, rate, delivery, issuance for delivery, or other aspect of a                                
23 life, health, or accident insurance or annuity policy or another contract on the making                                 
24       or rescission of a request by a qualified individual for medication under this chapter.                           
25 Sec. 13.55.240. Coordination with other law. A written or oral request for                                            
26 medication under this chapter is not an advance health care directive under AS 13.52,                                   
27       and AS 13.52 does not apply to an activity allowed by this chapter.                                               
28 Sec. 13.55.900. Definitions. In this chapter, unless the context indicates                                            
29       otherwise,                                                                                                        
30                 (1) "adult" means an individual who is 18 years of age or older;                                        
31 (2) "attending physician" means the physician who has primary                                                           
01       responsibility for the care of the individual and treatment of the individual's terminal                          
02       disease;                                                                                                          
03 (3) "capable" means that an individual has the ability to make and                                                      
04 communicate health care decisions to health care providers; in this paragraph,                                          
05 "communicate" includes communication through a person familiar with the                                                 
06       individual's manner of communicating if the person is available;                                                  
07                 (4) "consulting physician" means a physician who is qualified by                                        
08       specialty or experience to make a professional diagnosis and prognosis about the                                  
09       individual's disease;                                                                                             
10 (5) "counseling" means consultation as necessary between a                                                              
11 psychiatrist or psychologist and an individual to determine if the individual is capable                                
12 and not suffering from a psychiatric or psychological disorder or depression causing                                    
13       impaired judgment;                                                                                                
14                 (6) "department" means the Department of Health and Social Services;                                    
15 (7) "health care facility" means a private, municipal, or state hospital;                                               
16 independent diagnostic testing facility; primary care outpatient facility; skilled nursing                              
17 facility; kidney disease treatment center, including freestanding hemodialysis units;                                   
18 intermediate care facility; ambulatory surgical facility; Alaska Pioneers' Home or                                      
19 Alaska Veterans' Home administered by the department under AS 47.55; correctional                                       
20 facility owned or administered by the state; private, municipal, or state facility                                      
21       employing one or more public health nurses; and long-term care facility;                                          
22 (8) "health care provider" means a person licensed, certified, or                                                       
23 otherwise authorized or permitted by the law of this state to administer health care or                                 
24 dispense medication in the ordinary course of business or practice of a profession; in                                  
25       this paragraph, "person" includes a health care facility;                                                         
26 (9) "informed decision" means a decision that is based on an                                                            
27 appreciation of the relevant facts and that is made after the attending physician fully                                 
28       informs a qualified individual of the                                                                             
29                      (A) qualified individual's medical diagnosis;                                                      
30                      (B) qualified individual's prognosis;                                                              
31 (C) potential risks associated with taking the medication to be                                                         
01            prescribed;                                                                                                  
02                      (D) probable result of taking the medication to be prescribed;                                     
03            and                                                                                                          
04                      (E) feasible alternatives, including comfort care, hospice care,                                   
05            and pain control;                                                                                            
06                 (10) "medically confirmed" means that a consulting physician who has                                    
07       examined the individual's relevant medical records has confirmed the medical opinion                              
08       of the attending physician;                                                                                       
09                 (11) "medication" means medication to end a qualified individual's life                                 
10       under this chapter;                                                                                               
11 (12) "physician" means a doctor of medicine or osteopathy who is                                                        
12       licensed under AS 08.64 to practice medicine or osteopathy;                                                       
13 (13) "prescription" means a prescription for medication to end a                                                        
14       qualified individual's life under this chapter;                                                                   
15 (14) "qualified individual" means an individual who is qualified under                                                  
16       AS 13.55.010 to end the individual's life under this chapter;                                                     
17                 (15) "request" means a request under AS 13.55.030;                                                      
18 (16)  "terminal disease" means an incurable and irreversible disease                                                    
19 that has been medically confirmed and that will, within reasonable medical judgment,                                    
20       produce death within six months;                                                                                  
21 (17) "undue influence" means the control of an individual by a person                                                   
22 who stands in a position of trust or confidence to exploit wrongfully the trust,                                        
23 dependency, or fear of the individual to gain control over the decision making of the                                   
24       individual.                                                                                                       
25    * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to                          
26 read:                                                                                                                   
27 APPLICABILITY. AS 13.55, enacted by sec. 3 of this Act, applies to a contract, will,                                    
28 or life, health, or accident insurance or annuity policy if the contract, will, or policy is                            
29 delivered or issued for delivery on or after the effective date of sec. 3 of this Act.                                  
30    * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to                          
31 read:                                                                                                                   
01       TRANSITION: REGULATIONS. The Department of Health and Social Services may                                         
02 adopt regulations authorized by AS 13.55, enacted by sec. 3 of this Act. The regulations take                           
03 effect under AS 44.62 (Administrative Procedure Act), but not before January 1, 2018.                                   
04    * Sec. 6. Section 5 of this Act takes effect immediately under AS 01.10.070(c).                                    
05    * Sec. 7. Except as provided in sec. 6 of this Act, this Act takes effect January 1, 2018.