The New Jersey Aid in Dying for the Terminally Ill Act sponsored by Assembly Democrats John Burzichelli, Tim Eustace and Joe Danielsen to create a process for terminally ill patients who wish for medicinal assistance to end their lives was advanced Thursday by the Assembly Appropriations Committee, which is chaired by Burzichelli.

The bill (A-2451) would require patients suffering from a terminal disease to first verbally request a prescription from their attending physician, followed by a second verbal request at least 15 days later and one request in writing signed by two witnesses. In addition, the attending physician would have to offer the patient a chance to rescind their request. A consulting physician would then be called upon to certify the original diagnosis and reaffirm the patient is capable of making a decision.

A patient must have a prognosis of six months or less to live to request and be prescribed medication under the bill.

The bill defines a “terminal disease” as an incurable and irreversible disease that has been medically confirmed and will, within reasonable medical judgment, result in a patient’s death within six months.

Specifically, the bill provides that a patient may make a written request for self-administered medication in order to end their life in a humane and dignified manner if the patient:

1) is an adult resident of New Jersey;

2) is capable and has been determined by the patient’s attending physician and consulting physician to be suffering from a terminal disease; and

3) has voluntarily expressed a wish to die.

A valid request for medication under this act must be signed and dated by the patient and witnessed by at least two individuals who, in the patient’s presence, attest that, to the best of their knowledge and belief, the patient is capable and is acting voluntarily to sign the request. Only the patient would be permitted to administer the drug themselves. At least one of the witnesses must be a person who is not:

1) a relative of the patient by blood, marriage, or adoption;

2) at the time the request is signed, entitled to any portion of the estate of the qualified patient upon the patient’s death under any will or by operation of law;

3) an owner, operator, or employee of a health care facility where the qualified patient is receiving medical treatment or is a resident; and

4) the patient’s attending physician at the time the request is signed.

The bill additionally requires that the patient’s attending physician, at the time the patient makes an initial oral request for medication under the bill, recommend that the patient participate in a consultation concerning additional treatment opportunities, palliative care, comfort care, hospice care, and pain control options, and provide the patient with a referral to a health care professional qualified to discuss these options.

The attending physician would be required to document the recommendation and referral in the patient’s medical record, indicate whether the patient chose to participate in the consultation and indicate whether the patient is currently receiving palliative care, comfort care, or hospice care.

Also, the bill provides that a person would not be authorized to take any action on behalf of a patient under the bill by virtue of that person’s designation as a guardian, conservator, health care representative or patient’s representative, except for communicating the patient’s health care decisions to a health care provider at the patient’s request.

And, theft of medication prescribed to a qualified terminally ill patient under the bill would constitute theft of a controlled dangerous substance, which is a crime of the third degree if the amount involved is valued at less than $75,000 or in a quantity of one kilogram or less. A crime of the third degree is punishable by imprisonment for three to five years, up to a $15,000 fine, or both.

Agudah New Jersey Director Rabbi Avi Schnall called this vote upsetting.

“The committee vote today was an upsetting development as assisted suicide becomes one step closer to becoming law,” Rabbi Schnall told TLS. “If Assisted suicide does in fact become law, it can directly imperil even Orthodox Jews who would not willingly choose death, Heaven forbid. There is a very real concern of a slippery slope, where doctors, hospitals and insurers can pressure patients dignosed with a terminal illness, people suffering from mental illness and individuals with disabilities to make the wrong choice.”

The Agudath Israel will be engaging in an aggressive lobbying campaign to the members of the state assembly to oppose the bill, says Rabbi Schnall.

Attached is Rabbi Schnall’s testimony given at today’s vote.

[TLS]