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.