SPONSOR:

Rep. Baumbach

HOUSE OF REPRESENTATIVES

149th GENERAL ASSEMBLY

HOUSE AMENDMENT NO. 2

TO

HOUSE BILL NO. 160

AMEND House Bill No. 160 after line 30 and before line 31 by inserting the following and redesignating accordingly:

 “ f. The treatment available for the patient’s medical diagnosis, if any.

(8) “Intellectual disability” means a disability, that originated before the age of 18,  characterized by significant limitations in both intellectual functioning and in adaptive behavior, which covers many everyday social and practical skills.”

FURTHER AMEND House Bill No. 160 after line 71 and before line 72 by inserting the following and redesignating accordingly:

f. The treatment available for the patient’s medical diagnosis, if any.

(4) If a patient has a documented intellectual disability, the attending physician shall inform the patient pursuant to § 2504B(3) both orally and in writing and shall make a referral pursuant to § 2506B.”

FURTHER AMEND House Bill No. 160 on line 102 by inserting the following before “If” therein:

(a)

FURTHER AMEND House Bill 160 by inserting after line 106 and before line 107 the following:

“(b) If the patient has a documented intellectual disability, the attending physical shall refer the patient to a licensed clinical social worker who shall ensure that the patient fully understands the information provided pursuant to § 2504B(3).  No medication to end a patient’s life in a  humane and dignified manner may be prescribed unless the licensed clinical social worker has confirmed in writing to the attending physician that the patient understands the information provided pursuant to § 2504B(3).”

SYNOPSIS

This amendment requires the attending physician to inform the patient about treatment that is available. This amendment defines intellectual disability using the definition provided by the American Association on Intellectual and Developmental Disabilities. If the patient has a documented intellectual disability, this amendment requires the attending physician to provide information to the patient both orally and in writing and to refer the patient to a licensed clinical social worker to ensure that the patient fully understands all information provided to the patient before medication can be prescribed to peacefully end the patient’s life in a humane and dignified manner.