What is the law surrounding euthanasia?

The End of Life Option Act authorizes a terminally ill patient with the capacity to make medical decisions to request a prescription for a lethal dose of drugs, insulates a prescribing physician from criminal liability, and sets forth rigorous procedures and safeguards to protect against abuse. (Assem. Bill No. 15 (2015-2016 2d Ex. Sess.) Sec. 1 (Assembly Bill 15).)

“The Act allows an individual who has complied with all of its requirements to obtain and to use an ‘aid-in-dying drug.’” (People ex rel. Becerra v. Superior Court (2018) 29 Cal.App.5th 486, 490 citing Health & Saf. Code, Sec. 443.1(b).) “‘Aid-in-dying drug’ is defined, in part, as a drug that may be ‘self-administer[ed] to bring about... death....’” (Id.)

Health & Safety Code 443.2 provides that “An adult with the capacity to make medical decisions and with a terminal disease may request to receive a prescription for an aid-in-dying drug if the following conditions are satisfied:

  1. The individual’s attending physician has diagnosed the individual with a terminal disease.
  2. The individual has voluntary expressed the wish to receive a prescription for an aid-in-dying drug.
  3. The individual is a resident of California and is able to establish residency... ”

(People ex rel. Becerra v. Superior Court (2018) 29 Cal.App.5th 486, 490.)

“Actions taken in accordance with (the Act) shall not, for any purposes, constitute suicide..., homicide, or elder abuse under the law.” (Health & Saf. Code, Sec. 443.18; see also Health & Saf. Code, Sec. 443.14(d)(2).)

“A physician who participates in the process prescribed by the Act is immune from virtually all adverse legal consequences.” (People ex rel. Becerra, supra, 29 Cal.App.5th 491 citing Health & Saf. Code, Secs. 443.1(h), 443.14(c).)

“On the other hand, a physician is equally immune from ‘refusing to participate in activities authorized under this part, including, but not limited to, refusing to inform a patient regarding his or her rights under this part, and not referring an individual to a physician who participates in activities authorized under this part.’” (People ex rel. Becerra, supra, 29 Cal.App.5th 491 citing Health & Saf. Code, Secs. 443.14(e)(2), 443.1(h).)

Useful Resources for Euthanasia

Recent Documents on Euthanasia

Declaration - Other (of Blake Alexandre in Opposition to Motion) filed.

10 ll 12 13 16 17 18 19 22 23 24 25 28 I, Blake andre, declare: 1. lamada >rmer. My wife, . anie, and I own a. »erate Alexandre EcoDairy Fa = Crescent City, »rnia. _I have pers ‘nowledge of the matters state cin an am compe: > testify thereto. « have been serve hasubpoena by. “s for the Ethical . nent of + als (“PETA”) whi quests us totum. Jocuments that ar. cont. a! business recor. Eco Dairy Fann. ifically, PETA he requeste Pe we produce, amv ther things: a. writs % cedures relating

Declaration - Other (of Dante Migliazzo in Opposition to Motion) filed.

1 I, Dante ‘azzo, declare: 1. Lama da rmer. My family s and operates M.. zo and Sons Dair_ - in Atwater, & mia. Ihave pers. ““nowledge of the . rs stated 4 herein an am co. mnt to testify there 5 « > were served wil. sbpoena by Peopi. _—the Ethical Treati. of 6 A ols(“PETA”) whi quests us to ture —"'ocuments that arc 7 cont, 2 al business recor. Migliazzo and So. siry. Specifically, PETA he %. vested that we pr. >, among other th. a. Write »cedures relating « care of our anim. 10 b. Documen

Declaration - Other (of Pete Bansen in Opposition to Motion) filed.

9. 34-201 1 -80000886 N TO MOTION TO COMPE ON OF BUSINESS REC10 12 13 16 17 18 19 22 23 24 25 28 I, Pete b qn, declare: 1, lamade mer. My wife, . Ann, andIlown. erate Bancrest Dairy in Fer. California. I ha rsonal knowledge —e matters stated herein an ompetent to testi, —eto. « ehavebeenserve “hasubpoenaby. ‘e for the Ethical . nent of : as (“PETA”) wh quests us to turn « 4ocuments that ar. con. «4 business recor. Bancrest Dairy. . _‘fically, PETA ha. requeste % { we produce, amc

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