Act 39 of 2013 established the U.S. state of Vermont's Patient Choice and Control at End of Life Act (Vermont Statutes Annotated Sec. 1. 18 V.S.A. chapter 113), which legalizes medical aid in dying (commonly referred to as physician-assisted suicide) with certain restrictions. Vermont was the first state to enact this Law through legislative action; it permits some terminally ill patients to determine the time of their own death.
The measure was passed by both House and Senate and signed into law by Vermont Governor Peter Shumlin on May 8, 2013.
The law
Under the law, a competent adult Vermont resident who has been diagnosed, by a physician, with a terminal illness that will kill the patient within six months, may request in writing, from his or her physician, a prescription for a lethal dose of medication for the purpose of ending the patient's life. Exercise of the option under this law is voluntary and the patient must initiate the request. A patient who obtains a prescription for the intended purpose of hastening death may change his or her mind at any time. Any physician, pharmacist or healthcare provider who has moral objections may refuse to participate.
The request must be confirmed by two witnesses, at least one of whom is not related to the patient, is not entitled to any portion of the patient's estate, is not the patient's physician, and is not employed by a healthcare facility caring for the patient. The prescribing physician must refer the patient to a second physician for medical confirmation of the diagnosis, prognosis, and a determination that the patient is capable, is acting voluntarily, and is making an informed decision. After the request is made, another physician must examine the patient's medical records and confirm the diagnosis. The patient must be determined to be free of a mental condition impairing judgment. If the request is authorized, the patient must wait at least fifteen days and make a second oral request before the prescription may be written. The patient has a right to rescind the request at any time. Should either physician have concerns about the patient's ability to make an informed decision, or feel the patient's request may be motivated by depression or coercion, the patient must be referred for a psychological evaluation.
The law protects doctors from liability for providing a lethal prescription for a terminally ill, competent adult in compliance with the statute's restrictions. Participation by physicians, pharmacists and health care providers is voluntary.