(1) The attending physician shall document in the individual's medical record, the following information:
Dates of all oral requests;
A valid written request;
The attending physician's diagnosis and prognosis, determination of mental capacityand that the individual is making a voluntary request and an informed decision;
The consulting physician's confirmation of diagnosis and prognosis, mental capacityand that the individual is making an informed decision;
If applicable, written confirmation of mental capacity from a licensed mental healthprofessional;
A notation of notification of the right to rescind a request made pursuant to thisarticle; and
A notation by the attending physician that all requirements under this article havebeen satisfied; indicating steps taken to carry out the request, including a notation of the medical aid-in-dying medications prescribed and when.
(2) (a) The department of public health and environment shall annually review a sample of records maintained pursuant to this article to ensure compliance. The department shall adopt rules to facilitate the collection of information defined in subsection (1) of this section. Except as otherwise required by law, the information collected by the department is not a public record and is not available for public inspection. However, the department shall generate and make available to the public an annual statistical report of information collected under this subsection (2).
(b) The department shall require any health care provider, upon dispensing a medical aid-in-dying medication pursuant to this article, to file a copy of a dispensing record with the department. The dispensing record is not a public record and is not available for public inspection.
Source: Initiated 2016: Entire article added, Proposition 106, L. 2017, p. 2809, § 1, effective upon proclamation of the Governor, December 16, 2016.