California's End of Life Act

            When Governor Brown signed the California End of Life Act in early October 2015, he said, “I don’t know what I would do if I were dying and in prolonged and excruciating pain. I am certain, however, that it would be a comfort to consider the options afforded by this bill and I wouldn’t deny that right to others.”  It is quite a statement considering the Governor’s Jesuit background, but a sentiment shared by many. 

            The new law goes into effect on June 9, 2016. Here are some facts with regard to it: 

·         The patient must be a resident of California;

·         The patient must be an adult;

·         The patient must be terminally ill and given a prognosis of six months or less to live;

·         The patient must be mentally competent of making their own healthcare decisions, but external factors, such as depression are not factors;

·         The patient must be acting voluntarily, and must make an informed decision which includes being given information about all other end-of-life options, and must be informed that he or she may be given the aid-in-dying drug, but need not take it.

·         Mechanically, the patient must make two verbal requests to his/her physician 15 days apart, followed by a written request witnessed by two people one of which cannot be a relative;

·         Then, 48 hours prior to the administration of the aid-in-dying drug, the patient must sign a form confirming that the choice to die was made of his or her own free will; and

·         Finally, the patient must self-administer the drug.  No one else can administer the drug. 

In addition to the requirements above, steps must be followed in order for a person to qualify for the aid-in-dying medication.  It is estimated that the average length in time between requesting and receiving the medication will be between 15 days and three months and will require the patient to see two doctors who must conclude that the patient has less than six months to live.  In seeing the doctors, at least one visit must be private, with only the patient and the doctor present with the goal being to ensure that the patient is acting of his or her own accord. Thus it would seem that a qualified patient who has reached the decision to transition should act  as soon as that decision is a sure one, before the patient becomes incompetent to carry out the dictates of the Act. 

In enacting the law, California becomes only the fifth state in the United States to have such a law, but with the population in California being what it is, the result will be that one in ten people in the United States will now have the legislative right to die. 

California’s law will expire in ten years subject to extension by the Legislature.

 

For more information and continued updates regarding the End of Life Option Act, go to www.endoflifeoption.org .

While we are urged by Dylan Thomas to “not go gentle into that good night”, for some the ability to go peacefully is an answer to their agonized dreams.