Oregon Request for Medication

An adult who is capable, is a resident of Oregon, and has been determined by the attending physician and consulting physician to be suffering from a terminal disease, and who has voluntarily expressed his or her wish to die, may make a written request for medication for the purpose of ending his or her life in a humane and dignified manner. No person shall qualify solely because of age or disability.

In order to receive a prescription for medication to end his or her life in a humane and dignified manner, a qualified patient shall have made an oral request and a written request, and reiterate the oral request to his or her attending physician no less that fifteen (15) days after making the initial oral request.  At the time the qualified patient makes his or her second oral request, the attending physician shall offer the patient an opportunity to rescind the request. No less than fifteen (15) days shall elapse between the patient's initial oral request and the writing of a prescription.  No less than 48 hours shall elapse between the patient's written request and the writing of a prescription.

THE ATTENDING PHYSICIAN SHALL:

1. Make the initial determination of whether a patient has a terminal disease, is capable, and has made the request voluntarily;
    
2. Request that the patient demonstrate Oregon residency;
    
3. To ensure that the patient is making an informed decision, inform the patient of:
    
   1. His or her medical diagnosis;
       
   2. His or her prognosis;
       
   3. The potential risks associated with taking the medication to be prescribed; and
       
   4. The feasible alternatives, including, but not limited to, comfort care, hospice care and pain control.
       

4. Refer the patient to a consulting physician for medical confirmation of the diagnosis, and for a determination that the patient is capable and acting voluntarily;
    

5. Refer the patient for counseling if appropriate;
    

6. Recommend that the patient notify next of kin;
    

7. Counsel the patient about the importance of having another person present when the patient takes the medication prescribed and of not taking the medication in a public place;
    

8. Inform the patient that he or she has an opportunity to rescind the request at any time and in any manner, and offer the patient an opportunity to rescind at the end of the 15 day waiting period;
    

9. Verify immediately prior to writing the prescription for medication that the patient is making an informed decision;
    

10. Fulfill the medical record documentation requirements of Oregon Revised Statutes 127.855;
     

11. Ensure that all appropriate steps are carried out in accordance with Oregon Revised Statutes 127.800 to 127.897 prior to writing a prescription for medication to enable a qualified patient to end his or her life in a humane and dignified manner; and
     

12. Dispense medications directly, including ancillary medications intended to facilitate the desired effect to minimize the patient's discomfort, provided the attending physician is registered as a dispensing physician with the Board of Medical Examiners, has a current drug Enforcement Administration certificate and complies with any applicable administrative rule; or, with the patient's consent:
     

    1. Contact a pharmacist and inform the pharmacist of the prescription; and
        

    2. Deliver the written prescription personally or by mail to the pharmacist, who will dispense the medications to either the patient, the attending physician or an expressly identified agent of the patient.

RESIDENCY REQUIREMENTS

Only requests made by Oregon residents shall be granted.  Factors demonstrating Oregon residency include but are not limited to:

1. Possession of an Oregon driver's license;
    

2. Registration to vote in Oregon;
    

3. Evidence that the person owns or leases property in Oregon; or
    

4. Filing of an Oregon tax return for the most recent tax year.

INSURANCE POLICIES

A qualified person's act of ingesting medication to end his or her life in a humane and dignified manner shall not have an effect upon a life, health, or accident insurance or annuity policy. Actions taken under the Death With Dignity Act shall not, for any purpose, constitute suicide, assisted suicide, mercy killing or homicide, under Oregon law.

IMMUNITIES

No person shall be subject to civil or criminal liability or professional disciplinary action for participating in good faith compliance with the Death With Dignity Act.  This includes being present when a qualified patient takes the prescribed medication to end his or her life in a humane and dignified manner.

SOURCE: Title 13, Chapters 127.800 through 127.897, Oregon Statutes; Death With Dignity Act