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Katherine C. Pearson, Editor, and a Member of the Law Professor Blogs Network on LexBlog.com

Hospitals Opting Out-Colorado Aid-In-Dying

The Denver Post ran an article recently that some Colorado hospitals are opting out of the new aid-in-dying law.  About 30 hospitals opting out of Colorado’s medical aid-in-dying law, Three major health systems have announced they will not participate explains that

Up to 30 Colorado hospitals are opting out of the state’s new medical aid-in-dying law, either fully or in part, but whether that means the doctors they employ are banned from writing life-ending prescriptions is a controversy that could wind up in court.

At this point, terminally ill Coloradans who want to end their lives under the law will need to find out whether their physicians are allowed to participate.

The article explains that whether the ban applies to doctors for those hospitals depends on the hospital. For example, one hospital group has said  that the doctors could “talk to their patients about aid in dying and can write life-ending prescriptions in a hospital. But hospital pharmacies will not fill those prescriptions and patients are not allowed to take their own lives in the hospital, which health officials figure is an unlikely request anyway.” The proponents of the law take a different view on whether the ban prevents the doctors from writing the prescriptions, but indicate litigation may be needed to decide the matter.

The article explains the provision of the law

The law says a hospital may prohibit an employed or contracted physician from writing a prescription for someone “who intends to use the aid-in-dying medication on the facility’s premises.” It also makes clear that a healthcare provider can choose whether to participate in medical aid in dying and that the provider must transfer the patient’s medical records to a new health care provider if requested.

With the different interpretation of the law, it may be that litigation will be necessary to figure this out. Stay tuned.