Enact the Ohio Medical Aid in Dying (MAID) Act

hb835_00_IN

As Introduced

136th
General Assembly

Regular
Session
H. B. No. 835

2025-2026

Representative Synenberg

Cosponsors: Representatives Lett,
Rader, Somani

To
amend sections 3705.16, 3795.03, and 3795.04 and to enact sections
313.124, 3793.01, 3793.02, 3793.03, 3793.04, 3793.05, 3793.06,
3793.07, 3793.08, 3793.09, 3793.10, 3793.11, 3793.12, 3793.13,
3793.14, 3793.15, 3793.16, 3793.17, 3793.18, 3793.19, 3793.20,
3793.21, and 4729.97 of the Revised Code
to
authorize an individual with a terminal condition and the ability to
make and communicate health care decisions to request a prescription
for an aid-in-dying medication and to name this act the Ohio Medical
Aid in Dying (MAID) Act.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
sections 3705.16, 3795.03, and 3795.04 be amended and sections
313.124, 3793.01, 3793.02, 3793.03, 3793.04, 3793.05, 3793.06,
3793.07, 3793.08, 3793.09, 3793.10, 3793.11, 3793.12, 3793.13,
3793.14, 3793.15, 3793.16, 3793.17, 3793.18, 3793.19, 3793.20,
3793.21, and 4729.97 of the Revised Code be enacted to read as
follows:

Sec.
313.124.
(A)
As used in this section, "aid-in-dying medication,"
"qualified patient," and "self-administer" have
the same meanings as in section 3793.01 of the Revised Code.

(B)
Death as a result of a qualified patient self-administering an
aid-in-dying medication in accordance with Chapter 3793. of the
Revised Code does not by itself require the coroner to perform an
autopsy.

(C)
If a death occurs as a result of an individual self-administering an
aid-in-dying medication, a coroner may conduct an investigation to
determine whether the individual was a qualified patient who received
a prescription for an aid-in-dying medication under Chapter 3793. of
the Revised Code.

Sec.
3705.16.
(A)

(A)(1)
As used in this section, "aid-in-dying medication,"
"qualified patient," and "self-administer" have
the same meanings as in section 3793.01 of the Revised Code.

(2)

For
purposes of this section notwithstanding section 3705.01 of the
Revised Code, "fetal death" does not include death of the
product of human conception prior to twenty weeks of gestation.

(B)
Each death or fetal death that occurs in this state shall be
registered with the local registrar of vital statistics of the
district in which the death or fetal death occurred, by the funeral
director or other person in charge of the final disposition of the
remains. The personal and statistical information in the death or
fetal death certificate shall be obtained from the best qualified
persons or sources available, by the funeral director or other person
in charge of the final disposition of the remains. The statement of
facts relating to the disposition of the body and information
relative to the armed services referred to in section 3705.19 of the
Revised Code shall be signed by the funeral director or other person
in charge of the final disposition of the remains.

(C)(1)
For certification of the cause of death, the funeral director or
other person in charge of the final disposition of the remains shall
present the death or fetal death certificate to one of the following
individuals:

(a)
If a death or fetal death occurs under any circumstance described in
section 313.12 of the Revised Code, the coroner in the county in
which the death occurs or the medical examiner;

(b)

If
a death occurs as a result of a qualified patient self-administering
an aid-in-dying medication in accordance with Chapter 3793. of the
Revised Code, the attending physician of the decedent, as defined in
section 3793.01 of the Revised Code, or the medical director of a
hospice program licensed under Chapter 3712. of the Revised Code
where the qualified patient was receiving hospice care immediately
prior to the qualified patient's death;

(c)

If
a death or fetal death occurs under a circumstance other than as
described in section 313.12 of the Revised Code

or division (C)(1)(b) of this section
,
the attending physician of the decedent, except that, in the case of

a

decedent
who did not have an attending physician, the physician who, either in
person or through a means of telehealth, last examined or treated the
decedent for any illness or condition.

(2)
After the death or fetal death certificate is presented, the cause of
death shall be certified and the medical certificate of death shall
be completed and signed as follows:

(a)
If the death or fetal death certificate is presented to the coroner
or medical examiner, the coroner, or a deputy coroner, medical
examiner, or deputy medical examiner serving in an equivalent
capacity, shall certify the cause of death.

(b)
If the death or fetal death certificate is presented to the physician
described in division
(C)(1)(b)
(C)(1)(c)

of this section, that physician shall certify the cause of death.

(3)
The medical certificate of death shall be completed and signed by the
coroner or medical examiner, physician who attended the decedent,
or

physician
who last examined or treated the decedent,
or
attending physician or medical director of a hospice program as
described in division (C)(1)(b) of this section,
as
appropriate, within forty-eight hours after notification of the death
or fetal death.

A
coroner or medical examiner may satisfy the requirement of signing a
medical certificate showing the cause of death or fetal death as
pending by signing it within forty-eight hours after notification of
the death or fetal death, provided that the coroner or medical
examiner shall sign any other medical certificate of death or
supplementary medical certification within forty-eight hours after
the cause of death has been determined.

A
physician described in division
(C)(1)(b)
(C)(1)(c)

of this section
or
an attending physician or medical director of a hospice program
described in division (C)(1)(b) of this section
may
satisfy the requirement of signing a medical certificate by signing
with an electronic signature.

(D)
A coroner, medical examiner,
or

physician
,
or medical director of a hospice program

who acts in good faith in accordance with this section, without fraud
or malice, and upon reasonable belief of the cause of death or fetal
death based on the information, if any, presented is not subject to
civil liability or professional disciplinary action for any act or
omission in certifying the cause of death or in completing and
signing the medical certificate of death.

(E)
Any death certificate registered pursuant to this section shall
contain the social security number of the decedent, if available. A
social security number obtained under this section is a public record
under section 149.43 of the Revised Code.

(F)
If a death occurs as a result of a qualified patient
self-administering an aid-in-dying medication in accordance with
Chapter 3793. of the Revised Code, all of the following apply:

(1)
The cause of death shall not be certified as a suicide or a homicide.

(2)
The cause of death shall be certified as caused by the decedent's
underlying terminal condition.

(3)
A qualified patient's act of self-administering an aid-in-dying
medication shall not be indicated on the death certificate.

Sec.
3793.01.
As
used in this chapter:

(A)
"Aid-in-dying medication" means a drug or drugs prescribed
by an attending physician for a qualified patient that the qualified
patient may choose to self-administer to bring about the patient's
death due to a terminal condition.

(B)
"Attending physician" means the physician to whom an
individual has assigned primary responsibility for the individual's
treatment or care, or, if the responsibility has not been assigned,
the physician who has accepted that responsibility.

(C)
"Attorney in fact" means a person designated as such by a
durable power of attorney for health care executed pursuant to
sections 1337.11 to 1337.17 of the Revised Code.

(D)
"Consulting physician" means a physician who is independent
from an individual's attending physician and who is qualified by
specialty or experience to make a professional diagnosis and
prognosis regarding an individual's terminal condition.

(E)
"Health care facility" means all of the following:

(1)
A health care facility as defined in section 2305.234 of the Revised
Code;

(2)
A nursing home or residential care facility as defined in section
3721.01 of the Revised Code;

(3)
A hospice care program as defined in section 3712.01 of the Revised
Code.

(F)
"Informed decision" means a decision by an individual with
a terminal condition to request and obtain a prescription for a
medication that the individual may self-administer to end the
individual's life that is based on an understanding and
acknowledgment of the relevant facts and that is made after being
fully informed by the individual's attending physician of all of the
following:

(1)
The individual's medical diagnosis and prognosis;

(2)
The potential risks associated with taking the medication to be
prescribed;

(3)
The probable result of taking the medication to be prescribed;

(4)
The possibility that the individual may decide not to obtain the
medication or may obtain the medication but decide not to
self-administer it;

(5)
The feasible alternatives or additional treatment opportunities
available to the individual, including comfort care, hospice care,
palliative care, and pain control.

(G)
"Medically confirmed" means the medical opinion of the
attending physician has been confirmed by a consulting physician who
has examined the individual requesting an aid-in-dying medication and
the individual's relevant medical records.

(H)
"Mental health assessment" means one or more consultations
for the purpose of determining that the individual has the ability to
make medical decisions and is not suffering from impaired judgment
due to a mental disorder between an individual and a mental health
professional who is one of the following:

(1)
Either of the following advanced practice registered nurses who holds
a current, valid license issued under Chapter 4723. of the Revised
Code that authorizes the practice of nursing as an advanced practice
registered nurse:

(a)
A clinical nurse specialist who is certified as a psychiatric-mental
health CNS by the American nurses credentialing center;

(b)
A certified nurse practitioner who is certified as a
psychiatric-mental health NP by the American nurses credentialing
center.

(2)
A physician specializing in psychiatry;

(3)
A psychologist licensed under Chapter 4732. of the Revised Code;

(4)
An independent social worker, social worker, licensed professional
clinical counselor, licensed professional counselor, independent
marriage and family therapist, or marriage and family therapist
licensed under Chapter 4757. of the Revised Code.

(I)
"Physician" means an individual authorized under Chapter
4731. of the Revised Code to practice medicine and surgery or
osteopathic medicine and surgery.

(J)
"Qualified patient" means an individual who has satisfied
the requirements of this chapter to obtain a prescription for an
aid-in-dying medication.

(K)
"Self-administer" means a qualified patient's affirmative,
conscious, and physical act of administering and ingesting an
aid-in-dying medication to bring about the patient's death.

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

Sec.
3793.02.
(A)
An individual may receive a prescription for an aid-in-dying
medication that the individual may self-administer to end the
individual's life in a peaceful, humane, and dignified manner in
accordance with this chapter if all of the following conditions are
met:

(1)
The individual is eighteen years of age or older.

(2)
The individual is a resident of Ohio.

(3)
The individual's attending physician has diagnosed the individual
with a terminal condition.

(4)
The individual's diagnosis with a terminal condition has been
medically confirmed.

(5)
The individual, in the opinion of both the individual's attending
physician and the consulting physician, has the ability to make and
communicate health care decisions including, if necessary,
communication through an interpreter or through an individual able to
assist the patient in communicating if the individual has other
communication difficulties.

(6)
The individual has voluntarily expressed the wish to die.

(7)(a)
The individual has made an oral request to the individual's attending
physician for a prescription for an aid-in-dying medication and
reiterated the oral request to the patient's attending physician not
less than five days after making the initial oral request.

(b)
Notwithstanding division (A)(7)(a) of this section, if it has been
medically confirmed that the individual is likely, within reasonable
medical judgment, to die within five days, the individual does not
need to make a second oral request.

(8)
The individual has made a written request to the individual's
attending physician for a prescription for an aid-in-dying medication
pursuant to section 3793.03 of the Revised Code.

(B)
No individual qualifies for a prescription for an aid-in-dying
medication under the provisions of this chapter solely because of age
or disability.

Sec.
3793.03.
(A)
A written request to receive a prescription for an aid-in-dying
medication shall meet all of the following conditions:

(1)
Be in the form specified in section 3793.04 of the Revised Code;

(2)
Be signed and dated by the individual making the request;

(3)
Be witnessed by at least two additional individuals who, in the
presence of the individual making the request, attest that to the
best of their knowledge and belief the individual has the capacity to
make and communicate health care decisions, is acting voluntarily,
and is not being coerced to sign the request. At least one of the
witnesses required under this division shall be an individual who is
not any of the following:

(a)
A relative of the patient by blood, marriage, or adoption;

(b)
An individual who at the time the request is signed would be entitled
to any portion of the estate of the individual upon death, under any
will or by operation of law;

(c)
An owner, operator, or employee of a health care facility where the
qualified patient is receiving medical treatment or is a resident;

(d)
The individual's attending physician, consulting physician, or the
mental health professional who administered a mental health
assessment pursuant to section 3793.07 of the Revised Code;

(e)
The individual's interpreter.

(B)
A written request for a prescription for an aid-in-dying medication
shall be made only by the individual diagnosed with a terminal
condition and shall not be made on the individual's behalf through a
guardian, an attorney in fact under a durable power of attorney for
health care, any other person authorized to make health care
decisions on the individual's behalf, or an advance health care
directive.

(C)
If an individual requesting a prescription for an aid-in-dying
medication decides to transfer care to another physician or health
care facility, the former physician or health care facility, within
three business days, shall transfer all relevant medical records,
including written documentation of the dates of the individual's
request concerning obtaining a prescription for an aid-in-dying
medication to the new physician or health care facility.

Sec.
3793.04.
(A)
The department of health shall specify a form to be used by an
individual requesting to receive a prescription for an aid-in-dying
medication that is substantially the same as the following:

"REQUEST
FOR AN AID-IN-DYING MEDICATION THAT IF SELF-ADMINISTERED WILL CAUSE
MY DEATH IN A PEACEFUL, HUMANE, AND DIGNIFIED MANNER

I,_________________________,
am an adult of sound mind.

I
am suffering from _________________________, which my attending
physician has determined is a terminal condition and which has been
medically confirmed.

I
have been fully informed of my diagnosis, prognosis, the nature of
the aid-in-dying medication to be prescribed and potential associated
risks, the expected result, and the feasible alternatives, including
palliative and comfort care, hospice care, pain control, and
disease-­directed treatment options.

I
request that my attending physician prescribe an aid-in-dying
medication that will end my life in a peaceful, humane, and dignified
manner.

I
have considered notifying my next of kin about this request for an
aid-in-dying medication and have acted accordingly.

I
understand that I have the right to rescind this request at any time.

I
understand the full import of this request and I expect to die when I
take the aid-in-dying medication to be prescribed. I further
understand that although most deaths occur within three hours, my
death may take longer and my attending physician has counseled me
about this possibility.

I
make this request voluntarily and without reservation, and I accept
full responsibility for my actions.

Signed:
___________________________

Dated:
____________________________

DECLARATION
OF WITNESS #1

I
declare that:

(a)
The person signing this request is personally known to me or has
provided proof of identity.

(b)
The person signing this request signed it in my presence.

(c)
The person signing this request appears to be of sound mind and not
under duress, fraud, or undue influence.

(d)
The person signing this request is not a person for whom I am the
attending physician, consulting physician, or interpreter.

(e)
The person signing this request is not a relative of mine by blood,
marriage, or adoption.

(f)
I am not a mental health professional who administered to the person
signing this request a mental health assessment required before an
aid-in-dying medication may be prescribed.

(g)
I am not entitled to any portion of the estate of the person signing
this request under any will or by operation of law.

(h)
I am not the owner, operator, or an employee of a health care
facility where the person signing this request is receiving medical
treatment or is a resident.

Witness:
___________________________

Date:
______________________________

DECLARATION
OF WITNESS #2

I
declare that the person signing this request:

(a)
Is personally known to me or has provided proof of identity;

(b)
Signed this request in my presence;

(c)
Appears to be of sound mind and not under duress, fraud, or undue
influence.

Witness:
___________________________

Date:
______________________________"

(B)
The department shall ensure that the form specified under this
section is adaptable to any language in which any conversations or
consultations or interpreted conversations or consultations between
an individual and the individual's attending or consulting physician
are held.

Sec.
3793.05.
(A)
An attending physician shall do all of the following regarding an
individual who requests a prescription for an aid-in-dying
medication:

(1)
Determine whether the individual:

(a)
Has a terminal condition;

(b)
Has the ability to make and communicate health care decisions;

(c)
Has made the request for the aid-in-dying medication voluntarily.

(2)
To ensure that the individual is making an informed decision, inform
the individual of:

(a)
The individual's medical diagnosis;

(b)
The individual's prognosis;

(c)
The potential risks associated with taking the aid-in-dying
medication to be prescribed;

(d)
The probable result of taking the aid-in-dying medication to be
prescribed;

(e)
The feasible alternatives to taking the aid-in-dying medication,
including palliative care and comfort care, hospice care, pain
control, and disease-directed treatment options.

(3)
Refer the individual to a consulting physician for medical
confirmation of the terminal condition diagnosis and for a
determination that the individual has the ability to make and
communicate health care decisions and is acting voluntarily;

(4)
Confirm that the individual's request does not arise from coercion or
undue influence by another person by discussing with the individual,
outside the presence of any other person, except for an interpreter
if applicable, whether the individual is feeling coerced or unduly
influenced;

(5)
Refer the individual for a mental health assessment if, in the
opinion of the attending physician, the individual may have a mental
health condition, including depression, causing impaired judgment;

(6)
Inform the individual that the individual may rescind the request at
any time and in any manner and offer the individual an opportunity to
rescind at the time the individual makes the second oral request as
required under section 3793.02 of the Revised Code or, if the
individual is not required to make a second oral request, at the time
the individual makes the first oral request.

(B)
If the results of a mental health assessment conducted pursuant to
section 3793.07 of the Revised Code indicate that the individual does
not have the ability to make medical decisions, is not able to act
voluntarily, is not able to make an informed decision, or is
suffering from impaired judgment due to a mental disorder, the
individual is not a qualified patient and the attending physician
shall deny the individual's request for an aid-in-dying medication
and shall not prescribe an aid-in-dying medication to the individual.

(C)
An attending physician shall do all of the following regarding a
qualified patient:

(1)
Fulfill the medical record documentation requirements specified in
section 3793.09 of the Revised Code;

(2)
Ensure that all appropriate steps are carried out in accordance with
this chapter prior to writing a prescription for an aid-in-dying
medication;

(3)
Verify, immediately prior to writing the prescription for an
aid-in-dying medication, that the individual is making an informed
decision;

(4)
Inform the qualified patient that there is no obligation to have the
prescription filled nor an obligation to self-administer the
aid-in-dying medication, if it is obtained;

(5)
Recommend that the qualified patient notify next of kin of the
patient's intent to use the aid-in-dying medication;

(6)
Counsel the qualified patient about the importance of having another
individual present when the patient takes the aid-in-dying medication
and counsel the patient about not taking the medication in a public
place.

(D)
A physician who agrees to prescribe an aid-in-dying medication to a
qualified patient that if self-administered will cause the qualified
patient's peaceful, humane, and dignified death shall do either of
the following:

(1)
Deliver the prescription, including prescriptions for any ancillary
medications, to the qualified patient, an individual expressly
designated by the qualified patient, or a pharmacist in person, by
mail, or through an authorized electronic transmission;

(2)
To the extent permitted by federal law, personally furnish the
prescribed aid-in-dying medication, including any ancillary
medications, to the qualified patient or to an individual expressly
designated by the qualified patient.

(E)
An aid-in-dying medication and any ancillary medications may be
delivered to a qualified patient or an individual expressly
designated by the qualified patient by mail service or messenger
service if a signature on delivery is required.

(F)
Each attending physician shall report to the department of health
annually, in accordance with rules adopted under section 3793.11 of
the Revised Code, the following information regarding each qualified
patient for whom the physician prescribed an aid-in-dying medication
pursuant to this chapter:

(1)
The qualified patient's age when requesting to receive a prescription
for an aid-in-dying medication;

(2)
The qualified patient's race and ethnicity;

(3)
The qualified patient's sex;

(4)
Whether the qualified patient was receiving hospice care at the time
of the request;

(5)
The qualified patient's diagnosed medical conditions, including the
condition that qualified the patient for the prescription for an
aid-in-dying medication;

(6)
Whether the qualified patient self-administered the aid-in-dying
medication prescribed pursuant to this chapter and, if so, the date
that this occurred.

Sec.
3793.06.
A
consulting physician shall do all of the following before an
individual receives a prescription for an aid-in-dying medication
from the attending physician:

(A)
Examine the individual and the individual's relevant medical records;

(B)
Confirm in writing the attending physician's diagnosis and prognosis;

(C)
Determine that the individual has the ability to make and communicate
health care decisions, is acting voluntarily, and has made an
informed decision;

(D)
Refer the individual for a mental health assessment if, in the
opinion of the consulting physician, the individual may have a mental
health condition, including depression, causing impaired judgment;

(E)
Submit to the attending physician confirmation that the consulting
physician has fulfilled the requirements of this section, including
the results of any mental health assessment.

Sec.
3793.07.
If
an attending physician or consulting physician refers an individual
to a mental health professional for a mental health assessment, the
mental health professional shall do all of the following:

(A)
Examine the individual and the individual's relevant medical records;

(B)
Determine that the individual has the ability to make medical
decisions, is able to act voluntarily, and is able to make an
informed decision;

(C)
Determine that the individual is not suffering from impaired judgment
due to a mental disorder;

(D)
Submit the results of the mental health assessment to the attending
physician or consulting physician.

Sec.
3793.08.
An
individual may withdraw or rescind a request for an aid-in-dying
medication, or decide not to ingest an aid-in-dying medication, at
any time and in any manner without regard to the individual's mental
state. No prescription for an aid-in-dying medication under this
chapter shall be written without the attending physician offering the
individual an opportunity to rescind the request.

Sec.
3793.09.
The
attending physician of an individual requesting a prescription for an
aid-in-dying medication shall document the following in the
individual's medical record:

(A)
All oral requests made by the individual for a prescription for an
aid-in-dying medication;

(B)
All written requests made by the individual for a prescription for an
aid-in-dying medication;

(C)
The attending physician's diagnosis and prognosis for the individual;

(D)
The attending physician's determination that the individual has the
ability to make and communicate health care decisions, is acting
voluntarily, and has made an informed decision;

(E)
The consulting physician's diagnosis and prognosis for the
individual;

(F)
The consulting physician's verification that the individual has the
ability to make and communicate health care decisions, is acting
voluntarily, and has made an informed decision;

(G)
A report of the outcome and determinations made during the mental
health assessment, if performed;

(H)
The attending physician's offer to the individual to rescind the
individual's request at the time of the individual's second oral
request as required by section 3793.05 of the Revised Code;

(I)
Confirmation that the attending physician and the consulting
physician are physicians authorized under Chapter 4731. of the
Revised Code to practice medicine and surgery or osteopathic medicine
and surgery;

(J)
Confirmation that all obligations established for attending
physicians and consulting physicians in sections 3793.05 and 3793.06
of the Revised Code have been fulfilled;

(K)
Steps taken by the attending physician to carry out the individual's
request for a prescription for an aid-in-dying medication, including
notation of the medication prescribed.

Sec.
3793.10.
A
person who has custody of or control over any unused aid-in-dying
medication prescribed pursuant to this chapter after the death of a
qualified patient shall personally deliver the unused medication to
the nearest location qualified to dispose of controlled substances or
dispose of the unused medication by any lawful means, in accordance
with section 4729.69 of the Revised Code or rules adopted by the
state board of pharmacy under section 4729.97 of the Revised Code.

Sec.
3793.11.
(A)
The department of health shall do all of the following:

(1)
Adopt rules in accordance with Chapter 119. of the Revised Code that
do all of the following:

(a)
Specify a form on which to submit a written request for a
prescription for an aid-in-dying medication as required by section
3793.04 of the Revised Code;

(b)
Establish the procedures and forms for attending physicians who
prescribe an aid-in-dying medication to report required information
to the department pursuant to section 3793.05 of the Revised Code;

(c)
Facilitate the collection of information regarding compliance with
this chapter.

(2)
Collect and review the information submitted by attending physicians
under section 3793.05 of the Revised Code;

(3)
Beginning one year after the effective date of this section, issue an
annual statistical report that is publicly available on the
department's internet web site and includes the following:

(a)
A summary of the information collected from attending physicians
pursuant to division (A)(2) of this section;

(b)
The total statewide number of prescriptions for an aid-in-dying
medication;

(c)
The total number of attending physicians who have issued a
prescription for an aid-in-dying medication.

(B)
Except as otherwise required by law, the information collected
pursuant to division (A)(2) of this section shall be confidential and
shall be collected in a manner that protects the privacy of the
qualified patient, the qualified patient's family, and any physician,
health care facility, or pharmacist involved with care of the
qualified patient. The information is not a public record under
section 149.43 of the Revised Code. The information is not subject to
discovery or admissible as evidence in any judicial proceeding.

(C)
Reports issued pursuant to division (A)(3) of this section shall
refer to actions taken under this chapter as obtaining and
self-administering an aid-in-dying medication and shall not refer to
acts committed under this chapter as "suicide" or "assisted
suicide."

Sec.
3793.12.
(A)
A provision in a contract, will, or other agreement, whether written
or oral, that is executed after the effective date of this section,
to the extent the provision would affect whether an individual may
make, not make, withdraw, or rescind a request for an aid-in-dying
medication, is invalid.

(B)
An obligation owing under any contract executed after the effective
date of this section shall not be conditioned upon or affected by an
individual making, not making, withdrawing, or rescinding a request
for an aid-in-dying medication.

Sec.
3793.13.
(A)
Neither of the following shall be conditioned upon or affected by an
individual making, not making, or rescinding a request for an
aid-in-dying medication in accordance with this chapter:

(1)
The sale, procurement, or issuance of a life insurance, health
insurance, or annuity policy, contract, or plan that is delivered,
issued for delivery, or renewed in this state;

(2)
The rate charged for such a policy, contract, or plan.

(B)
A health care facility, health care provider, health insurance
policy, contract, or plan that is delivered, issued for delivery, or
renewed in this state, or any other type of direct or indirect
provider of health care benefits, services, or insurance cannot deny
or alter health care benefits otherwise available to a patient with a
terminal illness on the basis of the patient making, not making, or
rescinding a request for an aid-in-dying medication in accordance
with this chapter or otherwise attempt to coerce or require as a
condition to receiving care that a patient with a terminal illness
make, not make, or rescind a request for medication under this act.

(C)
Pursuant to section 3793.15 of the Revised Code, no life insurance,
health insurance, or annuity policy, contract, or plan that is
delivered, issued for delivery, or renewed in this state shall
exclude coverage for an insured individual solely on the basis that
the individual's self-administration of an aid-in-dying medication in
accordance with this chapter is suicide.

(D)
Notwithstanding any provision in the Revised Code to the contrary, a
qualified patient's act of self-administering an aid-in-dying
medication shall not have an effect upon an insurance policy other
than that of a natural death from the underlying disease.

(E)
As used in this division, "health plan issuer" has the same
meaning as in section 3922.01 of the Revised Code.

(1)
A health plan issuer shall not provide any information in
communications made by the plan issuer to an insured individual about
the availability of coverage for an aid-in- dying medication absent a
request for such information by either of the following:

(a)
The insured individual;

(b)
The insured individual's attending physician, at the request of the
individual.

(2)
No single communication made by a health plan issuer to an insured
individual shall include both of the following:

(a)
A denial of coverage for treatment for the individual's terminal
condition;

(b)
Information about the availability of coverage for an aid-in-dying
medication.

Sec.
3793.14.
Neither
of the following shall be conditioned upon or affected by an
attending physician prescribing an aid-in-dying medication to a
qualified patient in accordance with this chapter:

(A)
The sale, procurement, or issuance of any medical professional
liability insurance policy that is delivered, issued for delivery, or
renewed in this state;

(B)
The rate charged for such a policy.

Sec.
3793.15.
Nothing
in this chapter shall be construed to authorize a physician or any
other person to end an individual's life by lethal injection, mercy
killing, or active euthanasia. Actions taken in accordance with this
chapter do not, for any purpose, constitute suicide, assisted
suicide, euthanasia, homicide, or elder abuse.

Sec.
3793.16.
(A)
No person shall be subject to any of the following because the person
participates in good faith compliance with this chapter, including by
determining the diagnosis or prognosis of an individual; determining
if an individual has the ability to make and communicate health care
decisions; providing information to an individual regarding an
aid-in-dying medication; providing a referral to a physician who
participates in the actions permitted under this chapter;
prescribing, personally furnishing, dispensing, or accepting the
delivery of an aid-in-dying medication; or because the person refuses
to participate in activities authorized by this chapter:

(1)
Criminal prosecution;

(2)
Liability for damages in a tort or other civil action for injury,
death, or loss to person or property;

(3)
Professional disciplinary action by a state regulatory board;

(4)
Employment, credentialing, or medical staff action, sanction, or
penalty;

(5)
Discipline by a professional association.

(B)(1)
The fact that a health care provider or health care facility
participates in activities under this chapter shall not be the sole
basis for a complaint or report of unprofessional or dishonorable
conduct under any law or regulation of any governmental or
professional board or agency that requires or receives reports
regarding alleged incidents of unprofessional or dishonorable conduct
by health care providers or health care facilities.

(2)
The fact that a health care provider or health care facility
prohibits its employees, independent contractors, or other persons or
entities, including other health care providers, from participating
in activities under this chapter pursuant to section 3793.19 of the
Revised Code shall not be the sole basis for a complaint or report of
unprofessional or dishonorable conduct under any law or regulation of
any governmental or professional board or agency that requires or
receives reports regarding alleged incidents of unprofessional or
dishonorable conduct by health care providers or health care
facilities.

(C)
This section shall not be construed to limit the application of
section 3793.19 of the Revised Code.

Sec.
3793.17.
A
request by an individual to an attending physician to provide an
aid-in-dying medication in good faith compliance with this chapter
shall not be the sole basis for the appointment of a guardian or
conservator.

Sec.
3793.18.
No
person shall be under any duty, whether by contract, by statute, or
by any other legal requirement, to participate in the provision to a
qualified patient of aid-in-dying medication to end the qualified
patient's life. If a physician or health care facility is unable or
unwilling to carry out a patient's request under this chapter, and
the patient transfers care to a new physician or health care
facility, the prior physician or health care facility shall transfer,
upon request, a copy of the patient's relevant medical records to the
new physician or health care facility within three business days of
the request.

Sec.
3793.19.
(A)(1)
As used in this section, "participating, or entering into an
agreement to participate, in activities under this chapter"
means doing, or entering into an agreement to do, any of the
following:

(a)
Performing the duties of an attending physician as specified in
section 3793.05 of the Revised Code;

(b)
Performing the duties of a consulting physician as specified in
section 3793.06 of the Revised Code;

(c)
Performing a mental health assessment pursuant to section 3793.07 of
the Revised Code;

(d)
Personally furnishing, dispensing, delivering, or accepting delivery
of an aid-in-dying medication;

(e)
Being present when a qualified patient takes an aid-in-dying
medication.

(2)
"Participating, or entering into an agreement to participate, in
activities under this chapter" does not include doing, or
entering into an agreement to do, any of the following:

(a)
Diagnosing whether an individual has a terminal condition, informing
the individual of the individual's medical prognosis, or determining
whether an individual has the capacity to make medical decisions;

(b)
Providing information to an individual about this chapter;

(c)
Providing an individual, on the individual's request, with a referral
to another physician for the purpose of participating in activities
authorized by this chapter.

(B)
A health care provider or health care facility may prohibit its
employees, independent contractors, or other persons or entities,
including other health care providers, from participating in
activities under this chapter while on premises owned or under the
management or direct control of the prohibiting provider or while
acting within the course or scope of any employment by, or contract
with, the prohibiting provider.

(C)
A health care provider or health care facility that elects to
prohibit a person from participating in activities under this
chapter, as described in division (B) of this section, shall first
give notice of the prohibition to the person by providing a statement
in writing advising of the policy. A health care provider or health
care facility that fails to provide notice as required by this
division shall not enforce its policy against the person.

(D)(1)
Subject to compliance with division (C) of this section regarding
notification, a health care provider or health care facility that
determines that a person violated a prohibition implemented under
this section may take action against that person, including imposing
any of the following sanctions:

(a)
Revocation of privileges or membership or other action authorized by
the bylaws or rules and regulations of the medical staff;

(b)
Suspension, loss of employment, or other action authorized by the
policies and practices of the prohibiting provider or facility;

(c)
Termination of any lease or other contract between the prohibiting
provider or facility and the person that violated the policy;

(d)
Imposition of any other nonmonetary remedy provided for in any lease
or contract between the prohibiting provider or facility and the
person in violation of the policy.

(2)
In taking actions pursuant to division (D)(1) of this section, a
health care provider or health care facility shall comply with all
procedures required by law, the provider or facility's own policies
or procedures, and any other contract with the individual or entity
in violation of the policy.

(E)
This section shall not be construed to prevent, or to allow a health
care provider or health care facility to prohibit, any other health
care provider, employee, independent contractor, or other person from
either of the following:

(1)
Participating, or entering into an agreement to participate, in
activities under this chapter as an attending physician or consulting
physician while on premises that are not owned or under the
management or direct control of the prohibiting provider or facility;

(2)
Participating, or entering into an agreement to participate, in
activities under this chapter while on premises that are not owned or
under the management or direct control of the prohibiting provider or
facility or while acting outside the course and scope of the
participant's duties as an employee of, or an independent contractor
for, the prohibiting provider or facility.

(F)
A health care provider or health care facility shall notify patients
in writing of any policy prohibiting its employees, independent
contractors, or other persons or entities, including other health
care providers, from participating in activities under this chapter.
A provider or facility that fails to provide advance notification to
patients is not entitled to enforce such a policy.

Sec.
3793.20.
An
attending physician, consulting physician, mental health
professional, or interpreter performing actions under this chapter
regarding the prescription of an aid-in-dying medication shall not be
related to the individual seeking the medication by blood, marriage,
registered domestic partnership, or adoption, or to the knowledge of
the physician, mental health professional, or interpreter, be
entitled to a portion of the individual's estate upon death.

Sec.
3793.21.
(A)
No provision of this chapter shall be construed to exempt a physician
from meeting minimal standards of care for the treatment of an
individual with a terminal condition. Care provided in compliance
with this chapter satisfies a physician's duty to conform to minimal
standards of care for an individual with a terminal condition.

(B)
No provision of this chapter shall be construed to allow a lower
standard of care for an individual making a request for an
aid-in-dying medication than for otherwise similar individuals.

Sec.
3795.03.
Nothing
in section 3795.01, 3795.02, or 3795.04 of the Revised Code shall do
any of the following:

(A)
Prohibit or preclude a physician, certified nurse practitioner,
certified nurse-midwife, or clinical nurse specialist who carries out
the responsibility to provide comfort care to a patient in good faith
and while acting within the scope of the physician's or nurse's
authority from prescribing, dispensing, administering, or causing to
be administered any particular medical procedure, treatment,
intervention, or other measure to the patient, including, but not
limited to, prescribing, personally furnishing, administering, or
causing to be administered by judicious titration or in another
manner any form of medication, for the purpose of diminishing the
patient's pain or discomfort and not for the purpose of postponing or
causing the patient's death, even though the medical procedure,
treatment, intervention, or other measure may appear to hasten or
increase the risk of the patient's death;

(B)
Prohibit or preclude health care personnel acting under the direction
of a person authorized to prescribe a patient's treatment and who
carry out the responsibility to provide comfort care to the patient
in good faith and while acting within the scope of their authority
from dispensing, administering, or causing to be administered any
particular medical procedure, treatment, intervention, or other
measure to the patient, including, but not limited to, personally
furnishing, administering, or causing to be administered by judicious
titration or in another manner any form of medication, for the
purpose of diminishing the patient's pain or discomfort and not for
the purpose of postponing or causing the patient's death, even though
the medical procedure, treatment, intervention, or other measure may
appear to hasten or increase the risk of the patient's death;

(C)
Prohibit or affect the use or continuation, or the withholding or
withdrawal, of life-sustaining treatment, CPR, or comfort care under
Chapter 2133. of the Revised Code;

(D)
Prohibit or affect the provision or withholding of health care,
life-sustaining treatment, or comfort care to a principal under a
durable power of attorney for health care or any other health care
decision made by an attorney in fact under sections 1337.11 to
1337.17 of the Revised Code;

(E)
Affect or limit the authority of a physician, a health care facility,
a person employed by or under contract with a health care facility,
or emergency service personnel to provide or withhold health care to
a person in accordance with reasonable medical standards applicable
in an emergency situation;

(F)
Affect or limit the authority of a person to refuse to give informed
consent to health care, including through the execution of a durable
power of attorney for health care under sections 1337.11 to 1337.17
of the Revised Code, the execution of a declaration under sections
2133.01 to 2133.15 of the Revised Code, or authorizing the
withholding or withdrawal of CPR under sections 2133.21 to 2133.26 of
the Revised Code.

(G)
Affect or limit the authority of a person to perform any action in
good faith compliance with Chapter 3793. of the Revised Code.

Sec.
3795.04.
(A)
Except as provided in section 3795.03 of the Revised Code, no person
shall knowingly cause another person to commit or attempt to commit
suicide by doing either of the following:

(1)
Providing the physical means by which the other person commits or
attempts to commit suicide;

(2)
Participating in a physical act by which the other person commits or
attempts to commit suicide.

(B)
Whoever violates division (A) of this section is guilty of assisting
suicide, a felony of the third degree.

(C)
Any action taken in good faith compliance with Chapter 3793. of the
Revised Code is not a violation of division (A) of this section.

Sec.
4729.97.
For
purposes of section 3793.10 of the Revised Code, the state board of
pharmacy shall adopt rules to identify the locations to which a
person who has custody or control of an unused aid-in-dying
medication may personally deliver the medication. The rules shall be
adopted in accordance with Chapter 119. of the Revised Code.

Section
2.
That
existing sections 3705.16, 3795.03, and 3795.04 of the Revised Code
are hereby repealed.

Section
3.
Sections
1 and 2 of this act take effect six months after the effective date
of this section.

Section
4.
This
act shall be known as the Ohio Medical Aid in Dying (MAID) Act.