LD 2348
pg. 3
Page 2 of 11 An Act to Enact the Maine Death with Dignity Act Page 4 of 11
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LR 3884
Item 1

 
(p)__"Qualified patient" means a capable adult who is a
resident of this State and who has satisfied the requirements of
this Act in order to obtain a prescription for medication to end
that person's life in a humane and dignified manner.

 
(q)__"Terminal disease" means an incurable and irreversible
disease that has been medically confirmed and will, within
reasonable medical judgment, produce death within 6 months.

 
§5-903.__Written request for medication

 
(a)__A patient who is an adult, is capable, is a resident of
this State and is determined by the attending physician and the
consulting physician to be suffering from a terminal disease and
who has voluntarily expressed the wish to die may make a written
request for medication for the purpose of ending that patient's
life in a humane and dignified manner in accordance with this
Act.

 
(b)__A valid request for medication under this Act must be in
the form described in section 5-921, signed and dated by the
patient and witnessed by at least 2 individuals who, in the
presence of the patient, attest that to the best of their
knowledge and belief the patient is capable, is acting
voluntarily and is not coerced to sign the request.

 
(1)__A witness may not be a person who is:

 
(i)__A relative of the patient by blood, marriage or
adoption;

 
(ii)__At the time the request is signed, entitled to
any portion of the estate of the qualified patient upon
that patient's death, under a will or by operation of
law; or

 
(iii)__An owner, operator or employee of a health care
facility where the qualified patient is receiving
medical treatment or is a resident.

 
(2)__The patient's attending physician at the time the
request is signed may not be a witness.

 
(3)__If the patient is a resident in a long-term care
facility at the time the written request is made, one of the
witnesses must be an individual designated by the facility
and must have the qualifications specified by the Department
of Human Services by a routine technical rule, as defined in
Title 5, chapter 375, subchapter II-A.


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