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Death with Dignity

The Law | Definitions | Policy for Kittitas Valley Healthcare | Legal Options | References

The Law

Definitions

Policy for Kittitas Valley Healthcare

Legal Options

References

Purpose

To ensure organizational compliance with the Washington State Death with Dignity Act.

The Law

The Washington Death with Dignity Act, Initiative 1000, passed on November 4, 2008, and went into effect on March 5, 2009. This Act allows some terminally ill patients to request and use lethal doses of medication from qualified medical providers as part of their end-of-life care.  A terminally ill patient must be eligible to use the Death with Dignity end-of-life care:

  • 18 years of age or older
  • Can make and communicate an informed decision to health care providers
  • Diagnosed with an incurable and irreversible disease that will produce death within six months
  • Washington resident

Definitions

  1. “Adult” means an individual who is 18 years of age or older.
  2. “Patient” means a person who is under the care of an attending qualified medical provider.
  3. “Healthcare Provider” means a person licensed, certified or otherwise authorized or permitted by law to administer healthcare or dispense medication in the ordinary course of business or practice of a profession, and includes a healthcare facility.
  4. “Competent” means that in the opinion of a court or in the opinion of the patient’s attending qualified medical provider, consulting qualified medical provider, psychiatrist or psychologist a patient has the ability to make and communicate an informed decision to health care providers including communication through persons familiar with the patient’s manner of communication if those persons are available.
  5. “Attending Qualified Medical Provider” means the qualified medical provider who has primary responsibility for the care of the patient and treatment of the patient’s terminal illness.
  6. “Consulting qualified medical provider” means a qualified medical provider who is qualified by specialty or experience to make a professional diagnosis and prognosis regarding the patient’s disease.
  7. “Self-Administer” means a qualified patient’s act of ingesting medication to end his or her life in a humane and dignified manner.
  8. “Qualified patient” means a competent adult who is a resident of Washington state and has satisfied the requirements of this chapter in order to obtain a prescription for medication that the qualified patient may self-administer to end his or her life in a humane and dignified manner.
  9. “Terminal Disease” means an incurable and irreversible disease that has been medically confirmed and will within reasonable medical judgment produce death within six months.
  10. “Medically Confirmed” means the medical opinion of the attending qualified medical provider has been confirmed by a consulting qualified medical provider who has examined the patient and the patients relevant medical records.
  11. “Counseling” means one or more consultations as necessary between a state licensed psychiatrist, psychologist, independent clinical social worker, advanced social worker, mental health counselor, or psychiatric advanced registered nurse practitioner and a patient for the purpose of determining that the patient is competent and not suffering from a psychiatric or psychological disorder or depression causing impaired judgment.
  12. “Qualified medical provider” means is a physician, physician assistant or an advanced registered nurse practitioner licensed in Washington State.
    A. If a patient selects an attending qualified medical provider that is not a physician, the patient must select a physician to serve as the consulting qualified medical provider.
    B. A patient may select a consulting qualified medical provider who is not a physician only if the patient’s attending qualified medical provider is a physician.
    C. The attending qualified medical provider and consulting qualified medical provider may not have a direct supervisory relationship with each other.

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Policy for Kittitas Valley Healthcare

  • Death with Dignity (pdf)
  • KVH Hospice Death with Dignity (pdf)

Legal Options for Terminally Ill Patients

There are a number of options available to patients when they are considering their end of life care, to include hospice, palliative care, comfort care, pain management, the right to refuse or withdraw treatment, and the right to request a prescription for a lethal dose of medication to end their life.

References

  • Death with Dignity Act | Washington State Department of Health
  • Health care. RCW 42.56.360; Counseling referral. RCW 70.245.060, RCW 70.122.100;
  • Washington Death with Dignity Act- Chapter 70.245 RCW (statute)
  • Death with Dignity Act Requirements- Chapter 246-978 WAC (regulation)
  • Kittitas Valley Healthcare Ethics Committee

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