Virginia SB 280: Health care; decision-making, definitions, medical aid in dying, penalties.

Bill Text

2024SESSION
HOUSESUBSTITUTE
24108417D
1 SENATEBILLNO.280
2 AMENDMENTINTHENATUREOFASUBSTITUTE
3 (ProposedbytheHouseCommitteeforCourtsofJustice
4 onMarch4,2024)
5 (PatronPriortoSubstitute––SenatorHashmi)
6 A BILL to amend and reenact § 8.01-622.1 of the Code of Virginia and to amend the Code of Virginia
7 by adding in Chapter 29 of Title 54.1 an article numbered 11, consisting of sections numbered
8 54.1-2999 through 54.1-2999.9, relating to health care; decision-making; end of life; penalties.
9 Be it enacted by the General Assembly of Virginia:
10 1. That § 8.01-622.1 of the Code of Virginia is amended and reenacted and that the Code of
11 Virginia is amended by adding in Chapter 29 of Title 54.1 an article numbered 11, consisting of
12 sections numbered 54.1-2999 through 54.1-2999.9, as follows:
13 §8.01-622.1. Injunction against assisted suicide; damages; professional sanctions.
14 A. Any person who knowingly and intentionally, with the purpose of assisting another person to
15 commit or attempt to commit suicide, (i) provides the physical means by which another person commits
16 or attempts to commit suicide or (ii) participates in a physical act by which another person commits or
17 attempts to commit suicide shall be liable for damages as provided in this section and may be enjoined
18 from such acts.
19 B. A cause of action for injunctive relief against any person who is reasonably expected to assist or
20 attempt to assist a suicide may be maintained by any person who is the spouse, parent, child, sibling or
21 guardian of, or a current or former licensed health care provider of, the person who would commit
22 suicide; by an attorney for the Commonwealth with appropriate jurisdiction; or by the Attorney General.
23 The injunction shall prevent the person from assisting any suicide in the Commonwealth.
24 C. A spouse, parent, child or sibling of a person who commits or attempts to commit suicide may
25 recover compensatory and punitive damages in a civil action from any person who provided the physical
26 means for the suicide or attempted suicide or who participated in a physical act by which the other
27 person committed or attempted to commit suicide.
28 D. A licensed health care provider who assists or attempts to assist a suicide shall be considered to
29 have engaged in unprofessional conduct for which his certificate or license to provide health care
30 services in the Commonwealth shall be suspended or revoked by the licensing authority.
31 E. Nothing in this section shall be construed to limit or conflict with § 54.1-2971.01 or, the Health
32 Care Decisions Act (§ 54.1-2981 et seq.), or Article 11 (§ 54.1-2999 et seq.) of Chapter 29 of Title 54.1.
33 This section shall not apply to a licensed health care provider who (i) administers, prescribes or
34 dispenses medications or procedures to relieve another person's pain or discomfort and without intent to
35 cause death, even if the medication or procedure may hasten or increase the risk of death, or (ii)
36 withholds or withdraws life-prolonging procedures as defined in § 54.1-2982. This section shall not
37 apply to any person who properly administers a legally prescribed medication without intent to cause
38 death, even if the medication may hasten or increase the risk of death.
39 F. For purposes of this section:
40 "Licensed health care provider" means a physician, surgeon, podiatrist, osteopath, osteopathic
41 physician and surgeon, physician assistant, nurse, dentist or pharmacist licensed under the laws of this
42 Commonwealth.
43 "Suicide" means the act or instance of taking one's own life voluntarily and intentionally.
44 Article11.
45 MedicalAidinDying.
46 §54.1-2999. Definitions.
47 As used in this article, unless the context requires a different meaning:
48 "Attending health care provider" means a physician who is licensed by the Board to practice
49 medicine or osteopathy in the Commonwealth, physician assistant licensed by the Board pursuant to
50 § 54.1-2952.1, or nurse practitioner licensed jointly by the Boards of Medicine and Nursing pursuant to
51 § 54.1-2957 who has primary responsibility for the treatment of a qualifying patient's health care and
52 with whom the patient has a practitioner-patient relationship prior to a request for medical aid in dying.
53 "Capacity reviewer" means a licensed psychologist or social worker who is qualified by training or
54 experience to assess whether a person is capable of making an informed decision regarding consent to
55 medical aid in dying.
56 "Consulting health care provider" means a physician who is licensed by the Board to practice
57 medicine or osteopathy, physician assistant licensed by the Board pursuant to § 54.1-2952.1, or nurse
58 practitioner licensed jointly by the Boards of Medicine and Nursing pursuant to § 54.1-2957 who is not
59 an attending health care provider and who is qualified by training and experience to make a
HOUSE
SUBSTITUTE
SB280H1
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