The California Compassionate Choices Act, AB 374, is based upon Oregon's successful Death with Dignity Act, approved in 1997. The Act allows to mentally capable, terminally ill adults, with six months or less to live to legally obtain and use prescriptions to end their suffering.

The Oregon Death with Dignity Act was a citizens' initiative passed twice by Oregon voters. The first time was in a general election in November 1994 when it passed by a margin of 51% to 49%. An injunction delayed implementation of the Act until it was lifted on October 27, 1997. In November 1997, a measure was placed on the general election ballot to repeal the Act. Voters chose to retain the Act by a margin of 60% to 40%.

Polls, including the California Field Poll have shown wide and consistent support in California for the approach of AB 374, including a Field Poll last year which Mark DiCamillo, its director, introduced as follows:

Over the twenty-seven years that The Field Poll has been tracking public sentiment on the issue of doctor-assisted suicide, a large majority of Californians have consistently endorsed the concept.

In a statewide survey completed last month, 70% of all adults and 69% of registered voters believe that incurably ill patients should have the right to ask for and get life-ending medication.

In the last session of the California legislature, AB 651, with similar provisions, passed the California Assembly 48 to 30, only to fail in a State Senate Committee by one vote.

The measure faced strong opposition by the Catholic Church and will again this year. Despite the opposition of the church, the Field poll mentioned above showed a majority of Catholics support the concepts of the bill.

The prospect for passage of this bill are good this year. In this session, AB 374 lists as an author, in addition to Berg, the Speaker of the Assembly. Fabian Nunez, and the Majority Leader in the Senate, Gloria Romero. A wide coalition or organizations and individuals support compassionate care and will be lobbying for its passage.

Safeguards Written into AB 374

1. The patient must be a terminally ill adult with six months or less to live.
2. The patient must be a resident of California.
3. The patient must make an informed decision. The patient’s attending physician must inform the patient of their medical diagnosis, prognosis, potential risks associated with taking the medication, the probable result of taking the medication, and provide in writing the feasible alternatives, including comfort care, hospice care, and pain control.
4. The patient cannot be coerced by next of kin or any third party. If any coercion is suspected, the patient will be prohibited from participating in the Act.
5. The patient must be evaluated by two physicians. A consulting physician must examine the patient and confirm the attending physician’s diagnosis and prognosis and that the patient is mentally capable, fully informed and acting voluntarily, free of coercion.
6. The patient must be mentally capable. Both physicians must verify that the patient is mentally capable of making and communicating health care decisions. If either physician suspects the patient's judgment may be impaired by medication or a psychiatric or psychological disorder, the patient must be referred to a licensed psychiatrist or psychologist for a psychological examination. If a patient is referred, then the process completely stops until the psychiatrist or psychologist has determined that the patient is mentally capable. If the patient is determined to not be mentally capable the patient will be denied the medication.
7. The patient must make two oral requests, and one written request for the prescription. The written request must be witnessed by two individuals who attest to the best of their knowledge and belief that the patient is competent, acting voluntarily, and not feeling any coercion to make the request.
8. There are two waiting periods. 15 days after the first oral request, at which time the written request can be made, and 48 hours after the second oral request and the writing of the prescription.
9. The patient can rescind their request at any time.
10. The patient must self-administer the prescription. No one else can administer the medication to the patient.
11. Physicians may refuse to participate with the Act. No doctor would ever be required to participate in the process in any way.
12. Anyone who violates the provisions of the Act will be prosecuted. The language of the Act provides that anyone who engages in illegal behavior is subject to punishment for a crime to the full extent of the law.
13. Both physicians must submit detailed reports to the Department of Health Services.

AB 374 will be heard by both the Assembly Judiciary and Public Safety Committees. No hearing dates have been set yet. It is a majority vote bill.