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If you or a loved one has any questions about the new law, please reach out to an Elder Law Attorney.Īt Ainsworth, Thelin & Raftice we have 30 years of elder law experience. It goes without saying a decision like this is incredibly emotional. The "Death with Dignity" Act is built to have numerous safeguards in place. The attending physician is responsible for verifying the accuracy of documentation.
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Finally, if after 48 hours of completing all the required steps, and such required steps are documented in the individual’s medical chart, and receiving the individual’s written request (after the previously required oral requests), the attending physician may write the end of life prescription.All witnesses, in writing, MUST affirm that the individual can make this decision and is acting voluntarily.If the patient is in, or receiving treatment at, a long-term care facility at the time of the written request, ONE of the witnesses MUST be an individual designated by the facility who has qualifications specified by the department by rule.The patient’s attending physician, at the time the written request is signed, MAY NOT be a witness.
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If the individual is deemed not competent, he/she may be referred to a qualified mental health professional who will issue a written report confirming or denying competency To be " competent" the individual must have the capacity to communicate his/her decision to a health care professional or health care facility.Prior to a doctor writing a prescription for end of life medication, the individual MUST make 2 oral requests and 1 written request, to his/her attending physician and a 15-day waiting period must pass between the first and second oral request.The individual MUST have been informed of a terminal diagnosis with a life expectancy of less than 6 months.To obtain "qualified terminally ill status", a patient MUST be a Maine resident who is determined to be "competent" by BOTH an attending physician and a consulting physician.Below is the overview of the step-by-step process required by the Act: The Maine law has established an extensive process that prospective "qualified terminally ill patients" must go through before a physician may prescribe any end of life medication. Note, this article does not break down all the specifics of each step, please click the link below to read the act in its entirety: This article will take no stance on the moral issues that surround the debate, rather it will breakdown what the Death with Dignity Act requires of potential patients.
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Laws of this nature have been political and social lightning rods throughout the United States. On JGovernor Mills made Maine the 9 th state in the nation to adopt what is widely known as the "Death with Dignity Act".