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SB 380

Title: End of life.
Author: Susan Talamantes Eggman

Summary
SB 380, Eggman. End of life. Existing law, the End of Life Option Act, until January 1, 2026, authorizes an adult who meets certain qualifications, and who has been determined by their attending physician to be suffering from a terminal disease, as defined, to make a request for an aid-in-dying drug for the purpose of ending their life. Existing law establishes the procedures for making these requests, including that 2 oral requests be made a minimum of 15 days apart, specified forms to request an aid-in-dying drug be submitted, under specified circumstances, and a final attestation be completed. Existing law requires specified information to be documented in the individual’s medical record, including, among other things, all oral and written requests for an aid-in-dying drug.This bill would allow for an individual to qualify for aid-in-dying medication by making 2 oral requests a minimum of 48 hours apart. The bill would eliminate the requirement that an individual who is prescribed and ingests aid-in-dying medication make a final attestation. The bill would require that the date of all oral and written requests be documented in an individual’s medical record and would require that upon a transfer of care, that record be provided to the qualified individual. The bill would extend the operation of the act until January 1, 2031, thereby imposing a state-mandated local program by extending the operation of crimes for specified violations of the act.Existing law makes participation in activities authorized pursuant to the act voluntary, and makes individual health care providers immune from liability for refusing to engage in activities authorized pursuant to its provisions, including providing information about the act or referring an individual to a provider who prescribes aid-in-dying medication. This bill would require a health care provider who is unable or unwilling to participate under the act to inform the individual seeking an aid-in-dying medication that they do not participate, document the date of the individual’s request and the provider’s notice of their objection, and transfer their relevant medical record upon request.Existing law authorizes a health care provider to prohibit its employees, independent contractors, or other persons or entities, including other health care providers, from participating under the act, including acting as a consulting physician, while on the premises owned or under the management or direct control of that prohibiting health care provider, or while acting within the course and scope of any employment by, or contract with, the prohibiting health care provider.This bill would instead authorize a health care entity to prohibit employees and contractors, as specified, from participating under the act while on the entity’s premises or in the course of their employment. The bill would prohibit a health care provider or health care entity from engaging in false, misleading, or deceptive practices relating to their willingness to qualify an individual or provide a prescription for an aid-in-dying medication to a qualified individual. The bill would require a health care entity to post its current policy regarding medical aid in dying on its internet website.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.

Status
Introduced. Read first time. To Com. on RLS. for assignment. To print. 02/10/2021
From printer. May be acted upon on or after March 13. 02/11/2021
Referred to Coms. on HEALTH and JUD. 02/17/2021
Art. IV. Sec. 8(a) of the Constitution dispensed with. 02/22/2021
(Ayes 32. Noes 4.) 02/22/2021
Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.) 02/22/2021
Set for hearing March 24. 03/16/2021
From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 8. Noes 1. Page 605.) (March 24). 03/25/2021
Read second time and amended. Re-referred to Com. on JUD. 04/05/2021
Set for hearing April 20. 04/13/2021
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 1. Page 859.) (April 20). 04/21/2021
Read second time and amended. Re-referred to Com. on APPR. 04/22/2021
Set for hearing May 10. 04/30/2021
May 10 hearing postponed by committee. 05/06/2021
Set for hearing May 17. 05/07/2021
May 17 hearing: Placed on APPR suspense file. 05/17/2021
Set for hearing May 20. 05/18/2021
From committee: Do pass. (Ayes 5. Noes 2. Page 1189.) (May 20). 05/20/2021
Read second time. Ordered to third reading. 05/20/2021
Read third time. Passed. (Ayes 26. Noes 8. Page 1282.) Ordered to the Assembly. 05/28/2021
In Assembly. Read first time. Held at Desk. 05/28/2021
Referred to Coms. on HEALTH and JUD. 06/03/2021
From committee with author's amendments. Read second time and amended. Re-referred to Com. on HEALTH. 06/14/2021
From committee: Do pass and re-refer to Com. on JUD. (Ayes 10. Noes 3.) (June 22). Re-referred to Com. on JUD. 06/23/2021
Coauthors revised. 07/07/2021
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (July 6). Re-referred to Com. on APPR. 07/07/2021
August 19 set for first hearing. Placed on suspense file. 08/19/2021
From committee: Do pass as amended. (Ayes 10. Noes 4.) (August 26). 08/26/2021
Read second time and amended. Ordered to second reading. 08/30/2021
Read second time. Ordered to third reading. 08/31/2021
(Corrected August 31). 08/31/2021
Read third time. Passed. (Ayes 47. Noes 14.) Ordered to the Senate. 09/10/2021
In Senate. Concurrence in Assembly amendments pending. 09/10/2021
Assembly amendments concurred in. (Ayes 26. Noes 8.) Ordered to engrossing and enrolling. 09/10/2021
Enrolled and presented to the Governor at 1:30 p.m. 09/17/2021

Bill Documents
SB 380 - Enrolled
09/14/21 - SB 380 (Enrolled)


SB 380 - Senate Floor Analyses
09/10/21 - SB 380 (Senate Floor Analyses)

SB 380 - Assembly Floor Analysis
08/31/21 - SB 380 (Assembly Floor Analysis)

SB 380 - Amended Assembly
08/30/21 - SB 380 (Amended Assembly)

SB 380 - Assembly Appropriations
08/16/21 - SB 380 (Assembly Appropriations)

SB 380 - Assembly Judiciary
07/02/21 - SB 380 (Assembly Judiciary)

SB 380 - Assembly Health
06/18/21 - SB 380 (Assembly Health)

SB 380 - Amended Assembly
06/14/21 - SB 380 (Amended Assembly)

SB 380 - Senate Floor Analyses
05/22/21 - SB 380 (Senate Floor Analyses)

SB 380 - Senate Appropriations
05/14/21 - SB 380 (Senate Appropriations)

SB 380 - Amended Senate
04/22/21 - SB 380 (Amended Senate)

SB 380 - Senate Judiciary
04/16/21 - SB 380 (Senate Judiciary)

SB 380 - Amended Senate
04/05/21 - SB 380 (Amended Senate)

SB 380 - Senate Health
03/22/21 - SB 380 (Senate Health)

SB 380 - Introduced
02/10/21 - SB 380 (Introduced)