The bill allows licensed physicians, osteopathic physicians, nurses, and physician assistants to prescribe a lethal dose of medication for terminally-ill patients who are deemed capable of self-administering the dose.
New Mexico is now the eighth state to have legalized physician-assisted suicide, along with California, Colorado, Hawaii, Montana, Oregon, Vermont, and Washington. The District of Columbia has also legalized the practice.
The state’s Catholic bishops had strongly opposed the bill, which was passed by the House in February and by the Senate in March, largely along a party-line vote.
Archbishop John Wester of Santa Fe characterized the legislation as “the worst in the nation.”
Archbishop Wester explained his opposition:
“God’s law calls us all to recognize and protect the life and dignity of each and every human being, especially the most vulnerable. This includes unborn children and those at the end of life. We are promised that God’s law will ultimately bring peace and new life, especially to those who are suffering."
The bill requires two licensed health care providers, one of them a doctor, to determine and certify a patient’s terminal illness. Patients in hospice do not require a second confirmation.
If the patient has a history of a mental health disorder or intellectual disability, or if health care providers believe a patient might have a disorder, the patient must be referred for a mental health assessment before a prescription is filled.
Two witnesses must be present for the request to receive a lethal dose of medication and only one may be a relative of the patient. The bill requires a 48-hour waiting period between the prescription being written and filed.
Some amendments were struck before it passed the state Senate. Amendments allowing for insurance collectionreimnbursement and waiving liability for health care providers were removed.
The bill still also contains a state residency requirement, which a 2019 version of the legislation did not include. Some critics warned that the previous bill would have enabled “suicide tourism” where patients would travel from out-of-state to receive a lethal prescription. That bill also allowed for lethal prescriptions to be issued remotely through telemedicine; the current bill does not permit electronic options, and requires instead physical presence.
The 2021 bill does include a conscience exemption for health care providers who refuse to provide a lethal prescription, but it requires them to inform the patient and refer them to another provider who will provide the prescription.
As a lawyer, I welcome options for my clients, but remain frustrated that inconsistency in drafting and implementing legislation might cause denial of these options. Patients are prevented every day from implementing or enforcing their wishes by actual or perceived liabilities of health care professionals and institutions. Protecting patient choice by absolving health care providers of liability for patient's choices seems a clear.
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