Recording

The End of Life Option Act Webinar
Understanding the law, considerations for developing and implementing policies

Webinar recorded live April 18, 2016

Overview

The End of Life Option Act is one of the most important bills the Governor signed into law this year. Individuals who have a terminal illness and meet certain qualifications may now ask their physician for prescription medication to end their life. The law is complicated and not without controversy.

Introduced in a special session, the bill was signed into law on Oct. 5 and will become effective June 9, 2016. All health care providers will be impacted and should prepare policies and procedures to address the Act, whatever their philosophical position.

Recommended for:

Hospital in-house legal counsel and health care attorneys, risk managers, chief medical officers and physicians, pharmacists, chief nursing officers and nurse managers, chief compliance officers, ethics committees, privacy officers, social workers, home health and hospice staff, quality management staff, skilled nursing staff and administrators.

Agenda

Overview of the End of Life Option Act

  • How we got here, other states’ legislation                                        
  • Is hospital participation required or optional?                                    
  • When providers don’t want to participate                                          
  • Free from liability, unless …                                                            
  • Where assisted death can occur

Participating in the Act’s activities

  • Which hospital staff are impacted and how
  • What should be included in policies, forms to use
  • Steps to follow for compliance
  • What you are and aren’t required to tell the patient
  • Documentation issues, death certificates
  • State reporting requirements

Declining to participate in the Act’s activities

  • Developing a policy
  • Educating health care staff and physicians
  • What do if there’s a conflict — employees, physicians “opting out”
  • When disciplinary action is appropriate

Role of the medical staff

  • Development of appropriate policies and procedures
  • Credentialing considerations

Role and responsibilities of the patient/individual

  • Who is a “qualified individual” eligible to obtain aid-in-dying medication?
  • Determining capacity for decision making
  • Making the request for aid-in-dying medication — oral and written
  • Witnesses to the process
  • What is the role of the family?

Faculty

Jackie Garman, JD, is CHA’s vice president of legal counsel, overseeing CHA’s legal representation in litigation critical to the hospital industry; evaluating the legal impact of legislation and regulations on hospitals; and serving as a resource for member hospitals. Prior to joining CHA in 2014, Ms. Garman spent eight years as general counsel for what is now UCSF Benioff Children’s Hospital Oakland. Before joining Children’s, she was a partner at the Hanson Bridgett law firm in San Francisco, specializing in civil litigation and particularly medical staff credentialing and peer review disputes.

David Perrott, MD, DDS is senior vice president and chief medical officer of the California Hospital Association. Dr. Perrott’s responsibilities include all clinical issue areas, including the Center for Hospital Medical Executives, California Alliance of Hospital-Physician Organizations, and the Certification and Licensing Committee. Dr. Perrott is also board chair of the Hospital Quality Institute and a member of The Joint Commission (TJC) Board of Commissioners.

Lois Richardson, Esq., is CHA’s vice president of privacy and legal publications/education. In addition to her current role, Ms. Richardson has served as CHA’s legal resource for the past 19 years, primarily as legal counsel. She is the author of numerous CHA publications, including the Consent Manual, California Hospital Compliance Manual, California Health Information Privacy Manual and Mental Health Law. Ms. Richardson is also the executive director for the California Society for Healthcare Attorneys.

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