HOUSE BILL 2954--Referred to the Electorate of Oregon by the 1997 Legislature to be voted on at the Special Election, November 4, 1997.
RESULT OF "YES" VOTE: "Yes" vote repeals law allowing terminally ill adults to obtain physician's prescription for lethal drugs.
RESULT OF "NO" VOTE: "No" vote retains law allowing terminally ill adults to obtain physician's prescription for lethal drugs.
SUMMARY: Repeals Measure 16, adopted by voters in 1994. That law:
Allows terminally ill adult Oregon residents voluntary informed choice to obtain physician's prescription for lethal drugs when physicians predict patient's death within 6 months;
Requires 15-day waiting period; 2 oral, 1 written request; second physician's opinion; counseling for patients with impaired judgment from depression;
Gives health care providers immunity from civil, criminal liability for good faith compliance.
Permits person choice whether to notify next of kin.
Allows health care providers to refuse to participate.
ESTIMATE OF FINANCIAL IMPACT: No financial effect on state or local government expenditures or revenues.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 127.800, 127.805, 127.810, 127.815, 127.820, 127.825, 127.830, 127.835, 127.840, 127.845, 127.850, 127.855, 127.860, 127.865, 127.870, 127.875, 127.880, 127.885, 127.890, 127.895 and 127.897 are repealed.
SECTION 2. Section 7, chapter 380, Oregon Laws 1995, is amended to read:
Sec. 7. (1) Notwithstanding any other provision of ORS chapter 677, a physician licensed under ORS chapter 677 may prescribe or administer controlled substances to a person in the course of the physician's treatment of that person for a diagnosed condition causing intractable pain.
(2) A physician shall not be subject to disciplinary action by the Board of Medical Examiners for prescribing or administering controlled substances in the course of treatment of a person for intractable pain.
(3) Subsections (1) and (2) of this section shall not apply to:
(a) A physician's treatment of a person for chemical dependency resulting from the use of controlled substances;
(b) The prescription or administration of controlled substances to a person the physician knows to be using the controlled substances for nontherapeutic purposes;
(c) The prescription or administration of controlled substances for the purpose of terminating the life of a person having intractable pain[, except as allowed under chapter 3, Oregon Laws 1995]; or
(d) The prescription or administration of a substance that is not a controlled substance approved by the United States Food and Drug Administration for pain relief.
(4) Subsection (2) of this section shall not exempt the governing body of any hospital or other medical facility from the requirements of ORS 441.055.
SECTION 3. This Act shall be submitted to the people for their approval or rejection at a special election held throughout this state on November 4, 1997.
NOTE: Boldfaced type indicates new language; [brackets and italic] type indicates deletions or comments.