Proposition 106 – Medical Aid in Dying for the Terminally Ill

Proposition 106 would insert Article 48 in Title 25 of the Colorado Revised Statutes allowing mentally capable, non-coerced, terminally ill adults to request, receive and self-administer a lethal drug. One’s age, disability or terminal illness alone is not a sufficient qualifier to receive medical aid-in-dying medication. The primary physician must provide information on alternatives such as palliative care and hospice.

There are various safeguards such as
• both the attending and consulting physicians’ reasonable medical judgment of death within 6 months;
• attending physician and consulting physician are defined so that they must be qualified to make such a prognosis;
• two witnesses, one of whom must be impartial, to the written request for medical aid in dying;
• opt-out provisions for physicians and on-site administration of a lethal drug at health care facilities;
• the ability for the terminally ill adult to rescind the request any time;
• establishing criminal penalties for violation of these statutes;
• establishing immunity from liability for those acting in good faith; and
• a requirement to dispose of any unused prescribed drugs as required by law.

Death certificates must list the underlying illness as the cause of death. Triggering the provisions of Prop 106 does not affect insurance policies or annuities. Insurance companies may neither direct policy holders to nor prohibit them from requesting medical aid in dying. Finally, Prop 106 would not affect advance medical directives such as Do Not Resuscitate (DNR) or withholding sustenance or medication.

Recommendation: YES/FOR

Kudos to Colorado End-of-Life Options for proposing a statutory amendment rather than a constitutional amendment! The proposed Article 48 is about 4,000 words long, very detailed and better suited to statutory law than the constitution.

Prop 106 is based on similar laws in Oregon and 4 other states. Given the hurdles required to request and receive medical aid in dying, this law would likely seldom be used. It presents an option, one that decreases the time to an inevitable conclusion and increases the terminally ill adult’s control.

Because this is a statutory proposal, concerns about its implementation, such as safe storage of the lethal drug before its use, could be addressed by the General Assembly.

Website for the Yes Side (Yes on Colorado End-of-Life Options) http://coendoflifeoptions.org/

Websites for the No Side (No Assisted Suicide in Colorado) http://www.votenoprop106.com/
http://noassistedsuicideco.org/


Approved Ballot Language

Proposition 106 (STATUTORY)

Shall there be a change to the Colorado Revised Statutes to permit any mentally capable adult Colorado resident who has a medical prognosis of death by terminal illness within six months to receive a prescription from a willing licensed physician for medication that can be self-administered to bring about death; and in connection therewith, requiring two licensed physicians to confirm the medical prognosis, that the terminally-ill patient has received information about other care and treatment options, and that the patient is making a voluntary and informed decision in requesting the medication; requiring evaluation by a licensed mental health professional if either physician believes the patient may not be mentally capable; granting immunity from civil and criminal liability and professional discipline to any person who in good faith assists in providing access to or is present when a patient self-administers the medication; and establishing criminal penalties for persons who knowingly violate statutes relating to the request for the medication?

YES/FOR _______
NO/AGAINST _________

Proposition 106 initiative language filed with the Secretary of State
http://www.sos.state.co.us/pubs/elections/Initiatives/titleBoard/filings/2015-2016/145Final.pdf