An Act To Support Death with Dignity
Maine Legislature, Session 128, LD 0347
Committee Amendment CA_A_S90 (Senate)

COMMITTEE AMENDMENT "A " to S.P. 113, L.D. 347, Bill, "An Act To 
Support Death with Dignity" 
Amend the bill in section 1 in §2908 in subsection 1 in paragraph H in the first 2 lines 
(page 1, lines 30 and 31 in L.D.) by striking out the following: "is terminally ill and has a 
limited life expectancy" and inserting the following: 'has a terminal condition' 
Amend the bill in section 1 in §2908 in subsection 4 by striking out all of paragraph 
B and inserting the following: 
'B. The physician shall complete the following actions: 
(1) Determine, based on physical examination of the person and review of the 
person's medical records, that the person meets the definition of "patient" as 
provided in subsection 1, paragraph H, is capable and is making a voluntary 
request and an informed decision; 
(2) Include in the patient's medical record the following: 
(a) Documentation of the initial and 2nd oral requests made under paragraph 
A, subparagraphs (1) and (2), including the wording of the requests; 
(b) A statement that the physician offered the patient an opportunity to 
rescind the 2nd oral request made under paragraph A, subparagraph (2) and 
the opportunity to rescind the written request at any time, including the 
wording of the offers of opportunities to rescind; 
( c) A statement that the physician has informed the patient orally and in 
writing of the following: 
(i) The patient's medical diagnosis; 
(ii) The patient's medical prognosis, including acknowledgment that the 
physician's prediction of the patient's life expectancy is an estimate based 
on the physician's best medical judgment and is not a guarantee of the 
COMMITTEE AMENDMENT 
"· fl s. 
COMMITTEE AMENDMENT" A "to S.P. 113, L.D. 347 
actual time remaining in the patient's life and that the patient could live 
longer than the time predicted; 
(iii) The range of treatment options appropriate for the patient and the 
patient's diagnosis; 
(iv) If the patient is not enrolled in hospice care, all feasible end-of-life 
services, including palliative care, comfort care, hospice care and pain 
control; 
(v) The range of possible results, including, but not limited to, potential 
risks associated with taking the medication to be prescribed; and 
(vi) The probable result of taking the medication to be prescribed; 
(d) A statement that the physician has counseled the patient regarding: 
(i) The importance of having another person present when the patient 
takes the medication to be prescribed; 
(ii) The importance of maintaining the medication to be prescribed in a 
safe and secure location; and 
(iii) The possibility that the patient may obtain the medication to be 
prescribed but may choose not to take that medication; 
(e) A statement that the physician discussed with the patient, outside the 
presence of others, whether the patient felt unduly influenced by another 
person regarding the patient's request pursuant to paragraph A and that it is 
the physician's belief and opinion that the patient's request is not a result of 
undue influence of another person; 
(f) A statement that the physician referred the patient to a 2nd physician for 
medical confirmation of the diagnosis and prognosis; 
(g) A statement that the person meets the definition of "patient" as provided 
in subsection 1, paragraph H, is capable and is making a voluntary request 
and an informed decision; 
(h) A statement that the physician has determined that the patient does not 
have impaired judgment or, in the alternative, that the physician has referred 
the patient for an evaluation by a licensed psychiatrist, psychologist or 
clinical social worker and that that person has determined that the patient is 
capable and does not have impaired judgment; 
(i) A statement that the physician, after obtaining the consent of the patient, 
consulted with the patient's primary care physician if the patient has a 
primary care physician; 
(j) A statement that the requirements of divisions (a) to (i) were completed 
immediately prior to writing the prescription and that the prescription was 
written no earlier than 48 hours after the patient's written request under 
paragraph A; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "/Jr "to S.P. 113, L.D. 347 
(k) A statement that the physician is licensed to dispense medication or 
submitted the prescription to a licensed pharmacist as directed by the patient 
under paragraph A, subparagraph ( 4); and 
(I) A statement that the physician has fully complied with the requirements 
of this subparagraph; and 
(3) Promptly notify the Department of Health and Human Services regarding 
compliance with the requirements of this section, the patient's compliance with 
paragraph A and the physician's compliance with this paragraph.' 
SUMMARY 
This amendment is the minority report of the committee. 
It adds to the bill 
requirements that a physician must counsel a patient who is seeking medication in order 
to hasten the end of life regarding the importance of having another person present when 
the patient takes the medication, the importance of storing the medication safely and the 
possibility that the patient may choose not to take the medication. It also requires the 
physician to discuss with the patient, outside the presence of others, whether the patient 
feels unduly influenced. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 05/04/17 Mae!-
LD347 
LR27(02) 
An Act To Support Death with Dignity 
Fiscal Note for Bill as Amended by Committee Amendment 'A,!! ( S' · °1 o) 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor cost increase - Other Special Revenue Funds 
Any additional costs to the Department of Health and Human Services and to the Department of Professional and 
Financial Regulation to adopt the changes in this bill are expected to be minor and can be absorbed within existing 
budgeted resources. 
LR0027(02) - Fiscal Note - Page 1 of 1