This is the bill from the Journal of the Senate
Sec. 1. 18 V.S.A. chapter 113 is added to read:
CHAPTER 113. IMMUNITY FOR TERMINALLY ILL PATIENT’S USE
OF PRESCRIPTION MEDICATION
§ 5281. TERMINALLY ILL PATIENTS; IMMUNITY FOR PRESCRIBING
OR BEING PRESENT WHEN MEDICATION IS TAKEN
(a) As used in this section:
(1) “Bona fide health care professional-patient relationship” means a
treating or consulting relationship in the course of which a health care
professional has completed a full assessment of the patient’s medical history
and current medical condition, including a personal physical examination.
(2) “Health care professional” means an individual licensed to practice
medicine under 26 V.S.A. chapter 23 or 33.
(3) “Terminal condition” means an incurable and irreversible disease
which would, within reasonable medical judgment, result in death within six
(b) A health care professional who has a bona fide health care
professional-patient relationship with a patient with a terminal condition and
who prescribes medication to that patient for the relief of symptoms associated
with or caused by the terminal condition shall not be subject to criminal or
civil liability or professional disciplinary action if the patient self-administers
more than a prescribed dosage of the medication and dies as a result.
(c) A person shall not be subject to criminal or civil liability solely for
being present when a patient self-administers a lethal dose of a medication that
has been prescribed for that patient by a health care professional.
Sec. 2. EFFECTIVE DATE
This act shall take effect on July 1, 2013.
(1) is worded with out a time required so that oncologists who may not know the person more than a few months would be covered by this bill.
(2) 26 V.S.A. chapter 23 or 33. are MDs and Doctors of Osetopathy.
(3)(B) does NOT cover doctors who prescribe a lethal dose only doctors whose patients do not use the prescribed amount and end up dying.
(3)(C) covers family and others present when a person commits suicide.
Sec 2. is the standard date for all bills to go into effect.