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Evolution of Euthanasia by Jessica French: Administrative Law

Federal Administrative Law Sources

GPO- U.S. Government Printing Office

Thomas- The Library of Congress

Congress

Department of Justice

Executive Office

President on Court Decision on Physician-Assisted Suicide: 1997 WL 351176

  • The President released a statement approving of the Supreme Court decision allowing a state to ban physician-assisted suicide.

Federal: Attorney General Order

Dispensing of Controlled Substances To Assist Suicide AG Order No. 2534-2001: "The Attorney General has determined that assisting suicide is not a "legitimate medical purpose" within the meaning of 21 CFR 1306.04 (2001), and that prescribing, dispensing, or administering federally controlled substances to assist suicide violates the Controlled Substances Act."

 

Federal: Drug Enforcement Agency (DEA)

DEA, Schedules of Controlled Substances: Temporary Placement of Three Synthetic Cathinones Into Schedule I, 76 FR 65371 (Oct. 21, 2011). 

DEA, Electronic Prescriptions for Controlled Substances, 75 FR 16235 (Mar. 31, 2010). 

DEA, Disposal of Controlled Substances by Persons Not Registered With the Drug Enforcement Administration, 74 FR 3480 (January 21, 2009). 

DEA, Definition and Registration of Reverse Distributors, 70 FR 22591 (May 2, 2005). 

DEA, Definition and Registration of Reverse Distributors, 68 FR 41222 (proposed July 11, 2003). 

 

Federal: Code of Federal Regulations

Substances Covered: 21 C.F.R. § 1310.02(a) and (b)

Definitions Related to Chemicals: 21 C.F.R. § 1300.02(b)(18) 

Chart Detailing Specific Types of Registrations and Respective Fees: 21 C.F.R. § 1301.13(e)(1) 

Exemptions: 21 C.F.R. §§ 1301.22-1301.24 

Persons Entitled to Issue Prescriptions: 21 C.F.R. § 1306.03 

Attorney General Delegated Authority to the DEA Administrator to Enforce its Provisions: 28 C.F.R. § 0.100(b)

Schedules of Controlled Substances: Placement of Embutramide Into Schedule III: 21 CFR §1308.01

 

Oregon


 

Oregon Death With Dignity Act Administrative Rules: Can also find the OARS rules at sos.state.or.us 

Office of the Attorney General (1999): Opinion No. 8264 addressed 2 Issue:

  • If a hospital or other health care facility has chosen by contract or policy to prohibit its employees and contract health care providers from participating in “death with dignity”1 at the hospital or facility, but one of its employees or other health care providers under contract with the facility knowingly disregards the prohibition, does the hospital have the option to enforce the terms of the contract or policy, or is the employee or contract provider protected from any sanctions by the Act's “immunities” provision?
  • If a hospital or other health care facility owns a medical facility and, as part of a lease agreement with a health care provider, specifies that no tenant of the facility may participate in death with dignity procedures on the premises, but one of its health care tenants disregards the prohibition in the lease, may the hospital or health care facility enforce the prohibition in the lease by action up to and including termination of the lease, or is the tenant protected from any enforcement action by the Act's “immunities” provision?

The Department of Human Services - Health Services Enforces Compliance with the State Law.

Requirements:

Patient eligibility:

  • 18 years of age or older
  • Resident of Oregon
  • Capable of making and communicating health care decisions for him/herself
  • Diagnosed with a terminal illness that will lead to death within six months

Physician protocol:

  • The attending physician must be licensed in the same state as the patient.
  • The physician's diagnosis must include a terminal illness, with six months or less to live.
  • The diagnosis must be certified by a consulting physician, who must also certify that the patient is mentally competent to make and communicate health care decisions.
  • If either physician determines that the patient's judgment is impaired, the patient must be referred for a psychological examination.
  • The attending physician must inform the patient of alternatives, including palliative care, hospice and pain management options.
  • The attending physician must request that the patient notify their next-of-kin of the prescription request.
Patient request timeline:
  • First oral request to physician
  • 15 day waiting period
  • Second oral request to physician
  • Written request to physician
  • 48 hour waiting period before picking up prescribed medications.
  • Pick up prescribed medications from the pharmacy

 

 

Vermont

Vermont, as of July 2014, is still in the process of developing rules and guidelines in response to the 2013 passing of the Death with Dignity Act.

Safe Disposal of Unused Drugs Rules 

The Vermont Department of Heath Services Enforces Compliance with the State Law

Patient eligibility:

  • 18 years of age or older
  • Resident of Vermont
  • Capable of making and communicating health care decisions for him/herself
  • Diagnosed with a terminal illness that will lead to death within six months

Physician protocol:

  • The attending physician must be licensed in the same state as the patient.
  • The physician's diagnosis must include a terminal illness, with six months or less to live.
  • The diagnosis must be certified by a consulting physician, who must also certify that the patient is mentally competent to make and communicate health care decisions.
  • If either physician determines that the patient's judgment is impaired, the patient must be referred for a psychological examination.
  • The attending physician must inform the patient of alternatives, including palliative care, hospice and pain management options.

 Patient request timeline:

  • First oral request to physician
  • 15 day waiting period
  • Second oral request to physician
  • Written request to physician
  • 48 hour waiting period before picking up prescribed medications.
  • Pick up prescribed medications from the pharmacy

 

Washington

The Washington Department of Heath Services Enforces Compliance with the State Law

Patient eligibility:

  • 18 years of age or older
  • Resident of Washington
  • Capable of making and communicating health care decisions for him/herself
  • Diagnosed with a terminal illness that will lead to death within six months

Physician protocol:

  • The attending physician must be licensed in the same state as the patient.
  • The physician's diagnosis must include a terminal illness, with six months or less to live.
  • The diagnosis must be certified by a consulting physician, who must also certify that the patient is mentally competent to make and communicate health care decisions.
  • If either physician determines that the patient's judgment is impaired, the patient must be referred for a psychological examination.
  • The attending physician must inform the patient of alternatives, including palliative care, hospice and pain management options.
  • The attending physician must request that the patient notify their next-of-kin of the prescription request. 
Patient request timeline:
  • First oral request to physician
  • 15 day waiting period
  • Second oral request to physician
  • Written request to physician
  • 48 hour waiting period before picking up prescribed medications.
  • Pick up prescribed medications from the pharmacy

 

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