[§327L-1]  Definitions.  As used in this chapter:

     "Adult" means an individual who is eighteen years of age or older.

     "Attending provider" means a physician licensed pursuant to chapter 453 who has responsibility for the care of the patient and treatment of the patient's terminal disease.

     "Capable" means that in the opinion of the patient's attending provider or consulting provider, psychiatrist, psychologist, or clinical social worker, a patient has the ability to understand the patient's choices for care, including risks and benefits, and make and communicate health care decisions to health care providers.

     "Consulting provider" means a physician licensed pursuant to chapter 453 who is qualified by specialty or experience to make a professional diagnosis and prognosis regarding the patient's disease.

     "Counseling" means one or more consultations, which may be provided through telehealth, as necessary between a psychiatrist licensed under chapter 453, psychologist licensed under chapter 465, or clinical social worker licensed pursuant to chapter 467E and a patient for the purpose of determining that the patient is capable, and that the patient does not appear to be suffering from undertreatment or nontreatment of depression or other conditions which may interfere with the patient's ability to make an informed decision pursuant to this chapter.

     "Department" means the department of health.

     "Health care facility" shall have the same meaning as in section 323D-2.

     "Health care provider" means a person licensed, certified, or otherwise authorized or permitted by the law of this State to administer health care or dispense medication in the ordinary course of business or practice of a profession.

     "Informed decision" means a decision by a qualified patient to request and obtain a prescription to end the qualified patient's life pursuant to this chapter.  The informed decision shall be based on an appreciation of the relevant facts and made after being fully informed by the attending provider of:

     (1)  The medical diagnosis;

     (2)  The prognosis;

     (3)  The potential risks associated with taking the medication to be prescribed;

     (4)  The probable result of taking the medication to be prescribed;

     (5)  The possibility that the individual may choose not to obtain the medication or may obtain the medication and may decide not to use it; and

     (6)  The feasible alternatives or additional treatment opportunities, including but not limited to comfort care, hospice care, and pain control.

     "Medically confirmed" means the medical opinion of the attending provider has been confirmed by a consulting provider who has examined the patient and the patient's relevant medical records.

     "Patient" means a person who is under the care of an attending provider.

     "Physician" means a doctor of medicine or osteopathy licensed to practice medicine pursuant to chapter 453 by the Hawaii medical board.

     "Prescription" means prescription medication or medications that the qualified patient may self-administer to end the qualified patient's life pursuant to this chapter.

     "Qualified patient" means a capable adult who is a resident of the State and has satisfied the requirements of this chapter in order to obtain a prescription to end the qualified patient's life pursuant to this chapter.

     "Self-administer" means an individual performing an affirmative, conscious, voluntary act to take into the individual's body prescription medication to end the individual's life pursuant to this chapter.

     "Telehealth" shall have the same meaning as defined in section 453-1.3.

     "Terminal disease" means an incurable and irreversible disease that has been medically confirmed and will, within reasonable medical judgment, produce death within six months.

     "Terminal disease" does not include age or any physical disability or condition that is not likely to, by itself, cause death within six months. [L 2018, c 2, pt of §3]

 

 

Previous Vol06_Ch0321-0344 Next