GENERAL ASSEMBLY OF NORTH CAROLINA
                          SESSION 2003
S                                                             1
                         SENATE BILL 145
           PROPOSED COMMITTEE SUBSTITUTE S145-CSRC-37 [v.6]
                              
                        4/23/2003 4:25:16 PM

Short Title: Assisted Suicide. (Public)
Sponsors: 
Referred to: 
                        February 24, 2003

                      A BILL TO BE ENTITLED
AN ACT REQUIRING THE NORTH CAROLINA MEDICAL BOARD TO IMPLEMENT
  POLICIES TO TRAIN AND EDUCATE PERSONS LICENSED TO PRACTICE OR
  PERSONS DESIRING TO PRACTICE MEDICINE IN THIS STATE ON ISSUES
  RELATED TO PAIN MANAGEMENT AND PALLIATIVE CARE AND CREATING THE
  CRIMINAL OFFENSE OF ASSISTED SUICIDE.
The General Assembly of North Carolina enacts:
       SECTION 1. The North Carolina Medical Board shall
implement the following policies:
       (1)  Encourage persons licensed to practice medicine in
            this State to emphasize continuing education from the
            North Carolina Medical Society or any other
            appropriate accredited medical organization on the
            topic of pain management.
       (2)  Encourage all schools of medicine in this State to
            develop a curriculum and train students regarding
            pain management, palliative care, and the use of
            hospice care.
       (3)  Advise persons licensed to practice medicine in
            this State of the Board's policies relating to
            pain management to patients with terminal diseases.
       SECTION 2.  Article 6 of Chapter 14 of the
General Statutes is amended by adding a new section to read:
"§ 14-17.2.  Assisted suicide.
  (a)   The following definitions apply in this
section:
       (1)  Health care professional. - A licensed
            or unlicensed physician, surgeon, podiatrist,
            osteopath, osteopathic physician, osteopathic
            surgeon, optometrist, chiropractor, physician
            assistant, nurse, nurse practitioner, dentist,
            veterinarian, or pharmacist.
       (2)  Assisted suicide - the intentional, direct,
            knowing, and active physical participation or
            involvement, which is carried out free of any threat,
            force, duress, or deception, by a licensed healthcare
            professional or other person, in a medical procedure
            or other procedure including the prescription or
            provision of any drug, compound, substance or device,
            for the purpose of assisting another person to
            commit suicide.  It is not assisting suicide to
            administer, prescribe, or dispense medications or
            procedures, by or at the direction of a licensed
            health care professional, for the purpose of
            alleviating another person's pain or discomfort,
            even if the medication or procedure may increase
            the risk of death as long as the medication or
            procedure is not also intentionally administered,
            prescribed, or dispensed for the purpose of
            causing death or the purpose of assisting in causing
            death for any reason.
  (b)  It is unlawful for any licensed health care
professional or other person to commit the offense of assisted
suicide.
  (c)  Any health care professional or other person
who violates this section is guilty of a Class D felony.
  (d)  None of the following shall be construed as a
violation of this section:
       (1)  Carrying out the provisions of a health
            care power of attorney under Article 3 of Chapter
            32A of the General Statutes or a declaration of a
            desire for a natural death under Article 23 of
            Chapter 90 of the General Statutes.  Notwithstanding
            any other law, any provision in a health care
            power of attorney or declaration of a desire for a
            natural death that authorizes assisted suicide shall
            be null and void.
       (2)  The withholding or withdrawing of a
            life-sustaining procedure in compliance with any
            other State or federal law authorizing withdrawal
            or refusal of medical treatments or procedures.
       (3)  The administering, prescribing, or
            dispensing of medications or procedures to a
            patient diagnosed with a medical condition or mental
            illness that includes an element of suicidal ideation,
            even if the medication or procedure may increase the
            risk of death, as long as the medication or procedure
            is not also intentionally administered, prescribed, or
            dispensed for the purpose of causing death or the
            purpose of assisting in causing death for any
            reason."
       SECTION 3. The North Carolina Institute of Medicine
shall study the issue of suicide, suicide prevention, and assisted
suicide, pain management and Palliative Care and shall report its
findings to the 2004 Session of the 2003 General Assembly.
       SECTION 4. This act becomes effective December 1,
2003, and applies to offenses committed on or after that date.