Assisted suicide ban.

WORKING DRAFT
2011
STATE OF
WYOMING
11LSO-0414

HOUSE BILL
NO.
HB0148

Assisted suicide ban
.

Sponsored by:
Representative(s) Brechtel, Burkhart, Harshman and Peasley and Senator(s) Peterson

A BILL

for

AN ACT relating to crimes and offenses; creating the crime of assisting suicide; providing a penalty; providing exceptions;
limiting health care directives;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 6
‑
2
‑
701 is created to read:

ARTICLE 7
ASSISTING SUICIDE

6
‑
2
‑
701.

Assisting suicide.

(a)

A person who has knowledge that another person intends to commit or attempt to commit suicide and who does either of the following with the intention of enabling or facilitating the suicide commits the offense of assisting suicide:

(i)

Provides the physical means by which the other person attempts or commits suicide;

(ii)

Participates in a physical act by which the other person attempts to commit or commits suicide.

(b)

Assisting suicide is a felony punishable by imprisonment in the penitentiary for not more than twenty (20) years.

(c)

This section does not apply to:

(i)

A licensed health care provider who administers, prescribes or dispenses medications or procedures to relieve a person's pain or discomfort, even if the medication or procedure may hasten or increase the risk of death, unless the medications or procedures are intended to cause death;

(ii)

The withholding or withdrawing of medical treatment or life-prolonging procedures by a licensed health care provider, pursuant to but not limited to a cardiopulmonary resuscitation directive authorized under W.S.
35
‑
22
‑
201 through 35
‑
22
‑
208,
a psychiatric advance directive authorized under W.S. 35
‑
22
‑
301 through 35
‑
22
‑
308
or an advanced health care directive authorized under W.S. 35
‑
22
‑
401 though 35
‑
22
‑
416
, but not including the
withdrawal
of artificial nutrition and hydration;

(iii)

Participation in the execution of a person sentenced by a court to death
.

Section 2.
W.S. 35
‑
22
‑
402(a)(ix)(C), 35
‑
22
‑
410(a)(i) and 35
‑
22
‑
414(c) are amended to read:

35
‑
22
‑
402.

Definitions.

(a)

As used in this act:

(ix)

"Health care decision" means a decision made by an individual or the individual's agent, guardian, or surrogate, regarding the individual's health care, including:

(C)

Directions to provide, withhold or withdraw
artificial nutrition and hydration and
all
other
forms of health care
other than
artificial nutrition and hydration
.

35
‑
22
‑
410.

Immunities.

(a)

A health care provider or institution acting in good faith and in accordance with generally accepted health care standards applicable to the health care provider or institution is not subject to civil or criminal liability or to discipline for:

(i)

Complying with a health care decision of a person apparently having authority to make a health care decision for a patient, including a decision to withhold or withdraw health care
but not including the withholding or withdrawal of artificial nutrition and hydration
;

35
‑
22
‑
414.

Effect of act.

(c)

This act does not authorize mercy killing, assisted suicide, euthanasia or the provision, withholding or withdrawal of health care, to the extent prohibited by other statutes of this state
including W.S. 6
‑
2
‑
701
.

Section
3
.

This act is effective July 1, 20
11
.

(END)

1
HB0148