[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2204 Introduced in Senate (IS)]

<DOC>






114th CONGRESS
  1st Session
                                S. 2204

To respect the Constitutional entitlement to liberty by recognizing the 
   right of an individual to have personal control over the medical 
 assistance and treatment necessary to alleviate intolerable physical 
                               suffering.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 22, 2015

  Mrs. Boxer introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To respect the Constitutional entitlement to liberty by recognizing the 
   right of an individual to have personal control over the medical 
 assistance and treatment necessary to alleviate intolerable physical 
                               suffering.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``End of Suffering Act of 2015''.

SEC. 2. ENSURING PERSONAL CONTROL OVER MEDICAL ASSISTANCE AND 
              TREATMENT.

    (a) In General.--No Federal or State law, regulation, or agency 
action shall restrict the right of an adult who is suffering from an 
advanced illness with intolerable pain or a medically certified 
terminal illness, to receive medication or treatment from a physician 
for the relief of pain and other symptoms that limit activities of 
daily living.
    (b) Limitation on Liability.--A physician who treats an individual 
described in subsection (a) with a medication or treatment sufficient 
to control pain and other symptoms of the illness involved shall not be 
subject to criminal or civil prosecution or professional disciplinary 
action if the physician obtains the informed consent of the patient in 
accordance with section 3 as provided for by the Secretary.
    (c) Rule of Construction.--Nothing in this Act shall be construed 
to permit an individual to receive medication or treatment under 
subsection (a) based solely on the age or disability of the individual.

SEC. 3. INFORMED CONSENT.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary of Health and Human Services shall develop a written informed 
consent form that shall document the patient's informed decision and be 
signed and dated by the patient, and witnessed by at least two 
individuals, for use under this Act, and issue guidance on situations 
where the use of such form is required.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Adult.--The term ``adult'' means a mentally competent 
        individual who has attained the legal age for consent to 
        medications or treatments described in section 2(a), under the 
        applicable law of the jurisdiction in which the medication or 
        treatment will be received, as long as that age is at least 18 
        years of age.
            (2) Advanced illness with intolerable pain.--The term 
        ``advanced illness with intolerable pain'' occurs when pain 
        associated with one or more incurable and life-threatening 
        conditions becomes intolerable enough that general health and 
        functioning decline, treatment begins to lose its effect, and 
        quality of life increasingly becomes the focus of care, a 
        process that continues to the end of life.
            (3) Informed decision.--The term ``informed decision'' 
        means a decision by an adult, to receive a medication described 
        in section 3, that is based on an appreciation of the relevant 
        facts and after being fully informed by a physician of--
                    (A) his or her medical diagnosis;
                    (B) his or her prognosis;
                    (C) the potential risks associated with taking the 
                medication to be prescribed; and
                    (D) the feasible alternatives.
                                 <all>