Pennsylvania HB 1109: An Act amending Title 20 (Decedents, Estates and Fiduciaries) of the Pennsylvania Consolidated Statutes, providing for compassionate aid in dying; and imposing penalties.

Bill Text

PRINTER'S NO. 1233
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1109
Session of
2025
INTRODUCED BY HILL-EVANS, KHAN, SHUSTERMAN, RABB, GIRAL,
SANCHEZ, MADDEN, MAYES, KRAJEWSKI, PROBST, CERRATO,
D. WILLIAMS AND GREEN, APRIL 3, 2025
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 3, 2025
AN ACT
Amending Title 20 (Decedents, Estates and Fiduciaries) of the
Pennsylvania Consolidated Statutes, providing for
compassionate aid in dying; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 20 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 54B
COMPASSIONATE AID IN DYING
Sec.
54B01. Definitions.
54B02. Qualified patient requirements.
54B03. Request for medication.
54B04. Right and opportunity to rescind request.
54B05. Form of written request.
54B06. Waiting periods.
54B07. Attending provider responsibilities.
54B08. Confirmation of terminal illness.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18

54B09. Counseling referral.
54B10. Family notification.
54B11. Medical record documentation requirements.
54B12. Reporting requirements.
54B13. Effect on construction of wills and contracts.
54B14. Insurance and annuity policies.
54B15. Health care provider participation, notification and
permissible sanctions.
54B16. Claims by governmental entity for costs incurred.
54B17. Construction.
54B18. Immunity.
54B19. Liability.
54B20. Prohibitions and penalties.
§ 54B01. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Attending provider." A provider who has primary
responsibility for the care of a patient with a terminal illness
and treatment of the patient's terminal illness.
"Capable." The ability of a patient to make and communicate
informed health care decisions without impaired judgment to
health care providers, including communication through
individuals familiar with the patient's manner of communicating,
as determined by a court or a patient's attending provider,
consulting provider, mental health care professional or clinical
social worker.
"Confirmation of terminal illness." A written confirmation
from a consulting provider of a patient's terminal illness.
"Consulting provider." A provider who is qualified by
20250HB1109PN1233 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30

specialty or experience to make a professional diagnosis and
prognosis regarding a patient's terminal illness.
"Counseling." One or more consultations between a mental
health care provider and a patient for the purpose of
determining if the patient is capable.
"Department." The Department of Health of the Commonwealth.
"End-of-life medication." A medication determined and
prescribed by an attending provider to a qualified patient for
the purpose of ending the qualified patient's life, which the
qualified patient may administer.
"Health care facility." A health care facility as defined in
section 802.1 of the act of July 19, 1979 (P.L.130, No.48),
known as the Health Care Facilities Act.
"Health care provider." A person licensed, certified or
otherwise authorized or permitted by the laws of this
Commonwealth to administer health care services or dispense
medication in the ordinary course of business or practice of a
profession.
"Informed decision." A decision by a patient to request and
obtain a prescription for end-of-life medication that is based
on an appreciation of the relevant facts after being fully
informed by the attending provider of the information required
under section 54B07 (relating to attending provider
responsibilities).
"Long-term care facility." A long-term care nursing facility
as defined in section 802.1 of the Health Care Facilities Act.
"Medical confirmation." Confirmation by a consulting
provider who has examined a patient and the patient's relevant
medical records that the patient has a terminal illness, is
capable and is voluntarily making an informed decision.
20250HB1109PN1233 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30

"Mental health care provider." A person who is licensed,
certified or otherwise authorized by the laws of this
Commonwealth to administer or provide mental health care in the
ordinary course of business or practice of a profession.
"Participate under this chapter." To perform the duties of
an attending provider under section 54B07, the consulting
provider function under section 54B08 (relating to confirmation
of terminal illness) or the consultation function under section
54B09 (relating to counseling referral). The term does not
include:
(1) making an initial determination that a patient has a
terminal illness and informing the patient of the medical
prognosis;
(2) providing information about end-of-life medication
and related information to a patient upon request;
(3) providing, upon the r