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Colorado law: “Death with Dignity”

The Colorado End-of-Life Options Act allows terminally ill patients, under certain conditions, to take a doctor-prescribed medication to end their lives. Colorado is one of at least 10 states to have such laws, according to the website Everplan, a resource for lifelong planning.Under the ELOA, to request a life-ending medication a patient must be at least 18 years old, a resident of Colorado, mentally capable of making and communicating health care decisions and be diagnosed with a terminal illness that will result in death within six months.The patient must make oral and written requests to the prescribing physician, who then verifies that the patient meets all requirements of the law. The prescribing physician must inform the patient of any feasible alternatives to the life ending medication. The prescribing physician suggests, but cannot require, the patient to notify their next of kin. The prescribing physician also gives the patient the opportunity to withdraw their request before granting the prescription. The patient must be capable of ingesting the medication on his or her own.ìDeath with dignityî is a commonly accepted phrase for terminally ill patients assisting in their death, according to the website of Nolo, an organization dedicated to helping consumers and small businesses find answers to their everyday legal and business questions. Some people would call this process ìassisted suicideî or ìphysician assisted suicide.î However, the Nolo website states that people who prefer the term death with dignity say that suicide does not apply to terminally ill people who would prefer to live; but, facing certain death in a few months, choose a more gentle way of dying. Colorado law specifically states that terminating one’s life under the ELOA is not suicide.Legislation to allow terminally ill patients to end their lives was introduced in the Colorado Legislature in 2015 and again in 2016. In both years, the bills died for lack of support. Then, the issue was put to the voters of Colorado in an initiative in the fall of 2016. Voters approved the proposed legislation Nov. 8 and it went into effect Dec. 16, 2016.The law gives health care providers the option of not participating in the program. Some hospital groups, including UCHealth and Denver Health participate while other hospital groups, particularly those affiliated with faith-based organizations such as Centura Health and SCL Health System, do not participate.ìSince it is legal in our state, we wanted to have a well-thought-out way for our patients to participate if interested,î said Jean Kutner, MD, chief medical officer at UCHealth/University of Colorado Hospital in Aurora, professor of general internal medicine at the University of Colorado School of Medicine and assistant dean for clinical affairs.Kutner said that after careful deliberation, UCHealth decided to participate in the ELOA. She said the ELOA was consistent with their patient-centered mission, and UCHealth wanted to help patients with their personal decisions.ìOur role is to support our patients, provide information and help them meet their goals,î Kutner said. Although physician assistants can write prescriptions in Colorado, only physicians can prescribe life-ending medication. Also, doctors who donít wish to participate can opt out of the program, she said.The number of people availing themselves of the ELOA has increased each year. According to figures released by the Colorado Department of Public Health and Environment, in 2017, 72 patients were prescribed end-of-life medication; in 2018, 123 people were prescribed end-of-life medication; in 2019, 171 were prescribed end-of-life medication; and in 2020, 188 people were prescribed end-of-life medication.ìNot everyone who gets a prescription actually uses it,î Kutner said. ìHaving an option gives them a sense of control.îShe said people worry about abuse of the system. But she said there are many controls in the system. At UCHealth, as well as some other participating medical facilities, a team checks to make sure all qualifications are met before the life-ending prescription goes to the pharmacy.The Law Office of Barbara E. Cashman published an article, ìFast Facts about the Colorado End of Life Option Act on March 2, 2017, on the law office website. The article provided three pieces of advice to those considering the EOLA: ìTalk to your doctor and find out what all your options are. Talk to your family and loved ones about what you might decide to do. Don’t wait too long, the medical aid in dying process takes at least two weeks.î

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