hb835_00

As Introduced

136th General Assembly

Regular Session H. B. No. 835

2025-2026

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.

(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;

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;

(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;

(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.

(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;

(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;

(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;

(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;

(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.

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;

(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.