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 act of a health
            care professional or other person participating
            in a medical procedure or willfully prescribing
            or providing any drug, compound, substance or
            device for the purpose of assisting another person
            to intentionally end his own life.
  (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, 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.
       (4)  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 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.