An Act To Enact the Maine Death with Dignity Act
Maine Legislature, Session 129, LD 1313
Committee Amendment CA_A_H305 (House)
Amends: 17-A MRSA §152-A, 17-A MRSA §201, 17-A MRSA §204

COMMITTEE AMENDMENT "4,, to H.P. 948, L.D. 1313, Bill, "An Act To 
Enact the Maine Death with Dignity Act" 
Amend the bill by inserting after the enacting clause and before section 1 the 
following: 
'Sec. 1. 17-A MRSA §152-A, sub-§3 is enacted to read: 
3. It is an affirmative defense to prosecution under subsection 1 that the person's 
conduct was expressly authorized by Title 22, chapter 418. 
Sec. 2. 17-A MRSA §201, sub-§6 is enacted to read: 
6. It is an affirmative defense to prosecution under subsection 1 that the person's 
conduct was expressly authorized by Title 22, chapter 418. 
Sec. 3. 17-A MRSA §204, sub-§3 is enacted to read: 
3. It is an affirmative defense to prosecution under subsection 1 that the person's 
conduct was expressly authorized by Title 22, chapter 418.' 
Amend the bill in section 1 in §2140 in subsection 17 in paragraph C in the first and 
2nd lines (page 7, lines 4 and 5 in L.D.) by striking out the following: "routine technical 
rules" and inserting the following: 'major substantive rules' 
Amend the bill in section 1 in §2140 by striking out all of subsection 19 (page 7, lines 
to 34 in L.D.) and inserting the following: 
'19. Insurance or annuity policies. The sale, procurement or issuance of any life, 
health or accident insurance or annuity policy or the rate charged for any life, health or 
accident insurance or annuity policy may not be conditioned upon or affected by the 
making or rescinding of a request by a qualified patient for medication that the patient 
may self-administer to end the patient's life in accordance with this Act. A qualified 
patient whose life is insured under a life insurance policy issued under the provisions of 
Title 24-A, chapter 29 and the beneficiaries of the policy may not be denied benefits on 
the basis of self-administration of medication by the qualified patient in accordance with 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,g " 
to H.P. 948, L.D. 1313 
this Act. The rating. sale, procurement or issuance of any medical professional liability 
insurance policy delivered or issued for deliveiy in this State must be in accordance with 
the provisions of Title 24-A.' 
Amend the bill in section 1 in §2140 in subsection 20 in the 8th and 9th lines (page 7, 
lines 42 and 43 in L.D.) by striking out the following: "A patient's death certificate, 
pursuant to section 2842, must list the underlying terminal disease as the cause of death." 
Amend the bill in section 1 in §2140 by inserting after subsection 20 a new 
subsection to read: 
'21. Voluntary participation. Nothing in this Act requires a health care provider to 
provide medication to a qualified patient to end the qualified patient's life. If a· health 
care provider is unable or unwilling to carry out the qualified patient's request under this 
Act. the health care provider shall transfer any relevant medical records for the patient to 
a new health care provider upon request by the patient.' 
Amend the bill in section 1 in §2140 in subsection 21 in paragraph Fin the 3rd line 
(page 9, line 14 in L.D.) by inserting after the following: "Licensure in Medicine" the 
following: '. the Board of Osteopathic Licensure' 
Amend the bill in section 1 in §2140 in subsection 21 in paragraph Fin the last line 
(page 9, line 18 in L.D.) by inserting after the following: "Licensure in Medicine" the 
following: '. the Board of Osteopathic Licensure' 
Amend the bill in section 1 in §2140 by striking out all of subsection 22 (page 10, 
lines 3 to 15 in L.D.) 
Amend the bill in section 1 in §2140 by renumbering the subsections to read 
consecutively. 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment is the majority report and makes the following changes to the bill. 
1. It creates in the Maine Criminal Code affirmative defenses to prosecution for 
aggravated attempted murder, for murder and for aiding or soliciting suicide. A person 
may raise an affirmative defense to prosecution for these crimes if that person's conduct 
was expressly authorized by the Maine Revised Statutes, Title 22, chapter 418. The 
amendment also strikes from the bill language that creates new Class A crimes and other 
penalty language, as the prohibited conduct described is sufficiently covered by existing 
statute. 
2. It changes the rule-making authority of the Department of Health and Human 
Services for rules for the collection of information from routine technical to major 
substantive. 
3. It makes technical changes to the provisions regarding insurance in order to 
conform to current Maine law. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT~ "to H.P. 948, L.D.1313 
4. It allows the physician completing the patient's death certificate to determine the 
cause of the death recorded on the certificate. 
5. It clarifies that an individual health care provider may choose not to participate in 
providing medication to end a qualified patient's life but, if the patient requests the 
medical records be provided to another health care provider, the records must be 
transferred. 
6. It includes the Board of Osteopathic Licensure in the list of appropriate licensing 
boards. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 05/16/19 .::wae 
LD 1313 
LR351(02) 
An Act To Enact the Maine Death with Dignity Act 
Fiscal Note for Bill as Amended by Committee Amendment ,/J{ JI- 3 O .S) 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Any additional costs to the Department of Health and Human Services from the provisions of this bill are expected to 
be minor and can be absorbed within existing budgeted resources. 
LR0351(02) - Fiscal Note - Page 1 of 1