LD 2348
pg. 9
Page 8 of 11 An Act to Enact the Maine Death with Dignity Act Page 10 of 11
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LR 3884
Item 1

 
§5-919.__Immunities

 
Except as provided in section 5-920, the following immunities
apply.

 
(a)__This Act may not be construed to repeal the State
prohibition against assisting a suicide except that a person or
entity may not be subject to civil or criminal liability or
professional disciplinary action for participating in good-faith
compliance with this Act.__The requirement of good faith is an
additional requirement and not a substitute for the reasonable
standard of care otherwise imposed upon health care providers in
the exercise of their professions.

 
(b)__A professional organization or association or health care
provider may not subject a person to censure, discipline,
suspension, loss of license, loss of privileges, loss of
membership or any other penalty for participating or refusing to
participate in good faith in any act under this Act.

 
(c)__A request by a patient for medication or provision of
medication by an attending physician in accordance with the
provisions of this Act does not provide the sole basis for the
appointment of a guardian or conservator.__The provision of
medication to a qualified patient does not constitute neglect on
the part of an attending physician.

 
(d) A health care provider is not under a duty, whether by
contract, by law or by any other legal requirement, to provide
medication to end the patient's life in a humane and dignified
manner.__If a health care provider is unable or unwilling to
carry out a patient's request under this Act and the patient
transfers that patient's care to a new health care provider, the
prior health care provider shall transfer, upon request, a copy
of the patient's relevant medical records to the new health care
provider.

 
(e) A pharmacist is not under a duty, whether by contract, by
law or by any other legal requirement, to fill a prescription
written in accordance with this Act that the pharmacist knows or
has reason to know is intended to be ingested by a qualified
patient to end that patient's life in a humane and dignified
manner.__If a pharmacist is unable or unwilling to fill a
prescription under this Act, the pharmacist shall make that
inability or refusal known to the patient, who may then seek
another pharmacist to fill the prescription.

 
§5-920.__Liabilities


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