Request process - witness requirements.

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(1) In order to receive a prescription for medical aid-in-dying medication pursuant to this article, an individual who satisfies the requirements in section 25-48-103 must make two oral requests, separated by at least fifteen days, and a valid written request to his or her attending physician.

(2) (a) To be valid, a written request for medical aid-in-dying medication must be:

  1. Substantially in the same form as set forth in section 25-48-112;

  2. Signed and dated by the individual seeking the medical aid-in-dying medication; and

  3. Witnessed by at least two individuals who, in the presence of the individual, attestto the best of their knowledge and belief that the individual is:

  1. Mentally capable;

  2. Acting voluntarily; and

  3. Not being coerced to sign the request.

(b) Of the two witnesses to the written request, at least one must not be:

  1. Related to the individual by blood, marriage, civil union, or adoption;

  2. An individual who, at the time the request is signed, is entitled, under a will or byoperation of law, to any portion of the individual's estate upon his or her death; or

  3. An owner, operator, or employee of a health care facility where the individual isreceiving medical treatment or is a resident.

(c) Neither the individual's attending physician nor a person authorized as the individual's qualified power of attorney or durable medical power of attorney shall serve as a witness to the written request.

Source: Initiated 2016: Entire article added, Proposition 106, L. 2017, p. 2805, § 1, effective upon proclamation of the Governor, December 16, 2016.


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