GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2003
S 1
SENATE BILL 145
PROPOSED COMMITTEE SUBSTITUTE S145-CSRC-37 [v.6]
4/23/2003 4:25:16 PM
Short Title: Assisted Suicide. (Public)
Sponsors:
Referred to:
February 24, 2003
A BILL TO BE ENTITLED
AN ACT REQUIRING THE NORTH CAROLINA MEDICAL BOARD TO IMPLEMENT
POLICIES TO TRAIN AND EDUCATE PERSONS LICENSED TO PRACTICE OR
PERSONS DESIRING TO PRACTICE MEDICINE IN THIS STATE ON ISSUES
RELATED TO PAIN MANAGEMENT AND PALLIATIVE CARE AND CREATING THE
CRIMINAL OFFENSE OF ASSISTED SUICIDE.
The General Assembly of North Carolina enacts:
SECTION 1. The North Carolina Medical Board shall
implement the following policies:
(1) Encourage persons licensed to practice medicine in
this State to emphasize continuing education from the
North Carolina Medical Society or any other
appropriate accredited medical organization on the
topic of pain management.
(2) Encourage all schools of medicine in this State to
develop a curriculum and train students regarding
pain management, palliative care, and the use of
hospice care.
(3) Advise persons licensed to practice medicine in
this State of the Board's policies relating to
pain management to patients with terminal diseases.
SECTION 2. Article 6 of Chapter 14 of the
General Statutes is amended by adding a new section to read:
"§ 14-17.2. Assisted suicide.
(a) The following definitions apply in this
section:
(1) Health care professional. - A licensed
or unlicensed physician, surgeon, podiatrist,
osteopath, osteopathic physician, osteopathic
surgeon, optometrist, chiropractor, physician
assistant, nurse, nurse practitioner, dentist,
veterinarian, or pharmacist.
(2) Assisted suicide - the intentional, direct,
knowing, and active physical participation or
involvement, which is carried out free of any threat,
force, duress, or deception, by a licensed healthcare
professional or other person, in a medical procedure
or other procedure including the prescription or
provision of any drug, compound, substance or device,
for the purpose of assisting another person to
commit suicide. It is not assisting suicide to
administer, prescribe, or dispense medications or
procedures, by or at the direction of a licensed
health care professional, for the purpose of
alleviating another person's pain or discomfort,
even if the medication or procedure may increase
the risk of death as long as the medication or
procedure is not also intentionally administered,
prescribed, or dispensed for the purpose of
causing death or the purpose of assisting in causing
death for any reason.
(b) It is unlawful for any licensed health care
professional or other person to commit the offense of assisted
suicide.
(c) Any health care professional or other person
who violates this section is guilty of a Class D felony.
(d) None of the following shall be construed as a
violation of this section:
(1) Carrying out the provisions of a health
care power of attorney under Article 3 of Chapter
32A of the General Statutes or a declaration of a
desire for a natural death under Article 23 of
Chapter 90 of the General Statutes. Notwithstanding
any other law, any provision in a health care
power of attorney or declaration of a desire for a
natural death that authorizes assisted suicide shall
be null and void.
(2) The withholding or withdrawing of a
life-sustaining procedure in compliance with any
other State or federal law authorizing withdrawal
or refusal of medical treatments or procedures.
(3) The administering, prescribing, or
dispensing of medications or procedures to a
patient diagnosed with a medical condition or mental
illness that includes an element of suicidal ideation,
even if the medication or procedure may increase the
risk of death, as long as the medication or procedure
is not also intentionally administered, prescribed, or
dispensed for the purpose of causing death or the
purpose of assisting in causing death for any
reason."
SECTION 3. The North Carolina Institute of Medicine
shall study the issue of suicide, suicide prevention, and assisted
suicide, pain management and Palliative Care and shall report its
findings to the 2004 Session of the 2003 General Assembly.
SECTION 4. This act becomes effective December 1,
2003, and applies to offenses committed on or after that date.