California Health and Safety Code 443.16 – (a) A health care provider may not be sanctioned for any of the …
(a) A health care provider may not be sanctioned for any of the following:
(1) Making an initial determination pursuant to the standard of care that an individual has a terminal disease and informing him or her of the medical prognosis.
Terms Used In California Health and Safety Code 443.16
- Physician: means a doctor of medicine or osteopathy currently licensed to practice medicine in this state. See California Health and Safety Code 443.1
- Qualified individual: means an adult who has the capacity to make medical decisions, is a resident of California, and has satisfied the requirements of this part in order to obtain a prescription for a drug to end their life. See California Health and Safety Code 443.1
- Terminal disease: means an incurable and irreversible disease that has been medically confirmed and will, within reasonable medical judgment, result in death within six months. See California Health and Safety Code 443.1
(2) Providing information about the End of Life Option Act to a patient upon the request of the individual.
(3) Providing an individual, upon request, with a referral to another physician.
(b) A health care provider that prohibits activities under this part in accordance with Section 443.15 shall not sanction an individual health care provider for contracting with a qualified individual to engage in activities authorized by this part if the individual health care provider is acting outside of the course and scope of his or her capacity as an employee or independent contractor of the prohibiting health care provider.
(c) Notwithstanding any contrary provision in this section, the immunities and prohibitions on sanctions of a health care provider are solely reserved for actions of a health care provider taken pursuant to this part. Notwithstanding any contrary provision in this part, health care providers may be sanctioned by their licensing board or agency for conduct and actions constituting unprofessional conduct, including failure to comply in good faith with this part.
(Added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. (AB 15 2x) Effective June 9, 2016. Repealed as of January 1, 2031, pursuant to Section 443.215.)