Senate Committee Passes Aid-in-Dying Act

Big Island Now stock photo. Feb. 2017.

In the hearing on Wednesday, Feb. 15, by the Senate Committee on Commerce Consumer Protection (CPH), SB1129 SD1 was passed with amendments that would establish a medical-aid-in-dying act under which a terminally ill adult resident may obtain a prescription for medication to end the patient’s life.

SB1129 SD1 is modeled on the Oregon statute and includes safeguards to protect patients from misuse.

These safeguards include confirmation by two providers (physicians and APRN’s) of the patient’s diagnosis, prognosis, mental competence and voluntariness of the request; multiple requests by the patient: an oral request followed by a signed written request that is witnessed by two people, one of whom must be unrelated to the patient, and a subsequent oral restatement of the request; and two waiting periods between the requests and the writing of the prescription.

At all times, the patient retains the right to rescind the request and is under no obligation to fill the prescription or ingest the medication. Amendments include authorizing APRN as a consulting provider and allowing state identification cards as an acceptable document to prove residency in the State of Hawai‘i.

More than 300 people had signed up to testify on the bill, many which were emotional and thought-provoking both in support and in opposition of the measure.

“This measure is simply one that gives people a choice in end of life care,” said CPH Chair Sen. Rosalyn Baker (Dist. 6 – South and West Maui), “We have wonderful laws on the books with regards to palliative care and setting out their wishes for treatment, resuscitation and the like in an advance healthcare directive. But I think people want that ultimate choice if they have a debilitating, terminal illness and would like to have some control over their last days of life. This is what SB1129 allows them to do.”

SB1129 SD1 has been referred to the Senate Committee on Judiciary and Labor (JDL).