SECOND REGULAR SESSION

HOUSE BILL NO. 1283

89TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVES BENNETT (Sponsor), KELLEY (47), SUMMERS, LEVIN,

LUETKENHAUS, PATEK, ROBIRDS, REINHART, BARTELSMEYER AND KISSELL.

Read 1^st time January 13, 1998 and 1000 copies ordered printed.

ANNE C. WALKER, Chief Clerk

L2905.01I

AN ACT

To repeal section 334.103, RSMo 1994, relating to assisted suicide, and to enact in lieu thereof seven new sections relating to the same subject, with penalty provisions.

Be it enacted by the General Assembly of the state of Missouri, as follows:

Section A. Section 334.103, RSMo 1994, is repealed and seven new sections enacted in lieu thereof, to be known as sections 334.103, 1, 2, 3, 4, 5 and 6, to read as follows:

334.103. 1. The license of a physician shall be automatically revoked at such time as the final trial proceedings are concluded whereby a physician has been adjudicated and found guilty, or has entered a plea of guilty or nolo contendere, in a felony criminal prosecution [under] pursuant to the laws of the state of Missouri, the laws of any other state, or the laws of the United States of America for any offense reasonably related to the qualifications, functions or duties of a physician, or for any felony offense, an essential element of which is fraud, dishonesty or an act of violence, or for any felony offense involving moral turpitude, whether or not sentence is imposed, or, upon the final and unconditional revocation of the license of a physician to practice the healing arts in another state or territory upon grounds for which revocation is authorized in this state following a review of the record of the proceedings and upon a formal motion of the state board of registration for the healing arts. The license of any such physician shall be automatically reinstated if the conviction or the revocation is ultimately set aside upon final appeal in any court of competent jurisdiction.

2. Anyone who has been denied a license, permit or certificate to practice in another state shall automatically be denied a license to practice in this state. However, the board of healing arts may set up other qualifications by which such person may ultimately be qualified and licensed to practice in Missouri.

3. The license of a physician shall be automatically revoked at such time as such physician is found guilty or has entered a plea of guilty or nolo contendere in a prosecution pursuant to the laws of any state or the laws of the United States or any territory of the United States for assisting in a suicide or if there is clear and convincing evidence that the physician assisted in a suicide in any jurisdiction whether or not it is a criminal offense for a physician to assist in a suicide in such jurisdiction. Nothing in this subsection shall be construed to apply to any physician concerning the treatment of a patient when such physician is following the directions in a living will or durable power of attorney for health care decisions or to any physician who participates in an execution on behalf of the department of corrections.

Section 1. For the purposes of sections 1 to 3 of this act and section 334.103, RSMo, the following terms mean:

(1) "Licensed health care professional", a physician and surgeon, podiatrist, osteopath, osteopathic physician and surgeon, physician assistant, nurse, dentist or pharmacist licensed pursuant to the laws of Missouri;

(2) "Suicide", the act or instance of taking one's own life voluntarily and intentionally.

Section 2. 1. A person who knowingly by force or duress causes another person to commit or attempt to commit suicide is guilty of a class B felony.

2. A person is guilty of a class B felony when the person, with the purpose of assisting another person to commit or to attempt to commit suicide, knowingly either:

(1) Provides the physical means by which another person commits or attempts to commit suicide; or

(2) Participates in a physical act by which another person commits or attempts to commit suicide.

Section 3. 1. A licensed health care professional who administers, prescribes or dispenses medications or procedures to relieve another person's pain or discomfort, even if the medication or procedures may hasten or increase the risk of death, does not violate section 2 of this act unless the medications or procedures are knowingly administered, prescribed or dispensed to cause death.

2. Withholding or withdrawal of a life-sustaining procedure does not violate section 2 of this act.

Section 4. 1. A cause of action for injunctive relief may be maintained against any person who is reasonably believed to be about to violate or who is in the course of violating section 2 of this act by any person who is:

(1) The spouse, parent, child or sibling of the person who would commit suicide;

(2) Entitled to inherit from the person who would commit suicide;

(3) A health care provider of the person who would commit suicide;

(4) A public official with appropriate jurisdiction to prosecute or enforce the laws of this state.

Section 5. A cause of action for civil damages against any person who violates or who attempts to violate section 2 of this act may be maintained by any person given standing by section 4 of this act for compensatory damages and exemplary damages pursuant to section 578.080, RSMo, whether or not the plaintiff consented to or had prior knowledge of the violation or attempt.

Section 6. Reasonable attorneys' fees shall be awarded to the prevailing party in a civil action brought pursuant to section 4 or 5 of this act.

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