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HF 1358

as introduced - 92nd Legislature (2021 - 2022) Posted on 04/16/2021 11:37pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to health; establishing an end-of-life option for terminally ill adults;
proposing coding for new law in Minnesota Statutes, chapter 145.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [145.871] END-OF-LIFE OPTION.
new text end

new text begin Subdivision 1. new text end

new text begin Citation. new text end

new text begin Sections 145.871 to 145.879 may be cited as the "End-of-Life
Option Act."
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have the
meanings given unless the context requires otherwise.
new text end

new text begin (b) "Adult" means an individual 18 years of age or older.
new text end

new text begin (c) "Attending provider" means the provider who has primary responsibility for the care
of the patient and treatment of the patient's terminal disease.
new text end

new text begin (d) "Coercion or undue influence" means the willful attempt, whether by deception,
intimidation, or any other means to:
new text end

new text begin (1) cause an individual to request, obtain, or self-administer medication pursuant to this
section with the intent to cause the death of the individual; or
new text end

new text begin (2) prevent a qualified individual from obtaining or self-administering medication
pursuant to this section.
new text end

new text begin (e) "Consulting provider" means a provider who is qualified by specialty or experience
to make a professional diagnosis and prognosis regarding the individual's disease.
new text end

new text begin (f) "Health care facility" means a general hospital, medical clinic, nursing home or
hospice facility or any other entity governed by chapters 144 and 144A. Health care facility
does not include individual providers.
new text end

new text begin (g) "Informed decision" means a decision by a qualified individual to request and obtain
a prescription for medication pursuant to this section that the qualified individual may
self-administer to bring about a peaceful death, after being fully informed by the attending
provider and consulting provider of:
new text end

new text begin (1) the individual's diagnosis and prognosis;
new text end

new text begin (2) the feasible end-of-life care and treatment options for the individual's terminal disease,
including but not limited to comfort care, palliative care, hospice care, and pain control,
and the risks and benefits of each;
new text end

new text begin (3) the potential risk associated with taking the medication to be prescribed;
new text end

new text begin (4) the probable result of taking the medication to be prescribed; and
new text end

new text begin (5) the individual's right to withdraw a request pursuant this section, or consent for any
other treatment, at any time.
new text end

new text begin (h) "Licensed mental health care provider" means a psychiatrist, psychologist, clinical
social worker, psychiatric nurse practitioner, clinical mental health counselor, or clinical
professional counselor licensed under the provider's board of practice.
new text end

new text begin (i) "Medical aid in dying" means the practice of evaluating a request, determining
qualification, and providing a prescription to a qualified individual pursuant to this section.
new text end

new text begin (j) "Medically confirmed" means the attending provider's medical opinion that the
individual is eligible to receive medication pursuant to this section has been confirmed by
the consulting provider after performing a medical evaluation.
new text end

new text begin (k) "Mentally capable" means that in the opinion of the attending provider or consulting
provider, or licensed mental health care professional if an opinion is requested under
subdivision 9, the individual requesting medication pursuant to this section has the ability
to make and communicate an informed decision.
new text end

new text begin (l) "Prognosis of six months or less" means the terminal disease will, within reasonable
medical judgment, result in death within six months.
new text end

new text begin (m) "Provider" means a person licensed, certified, or otherwise authorized or permitted
by the provider's licensing authority to diagnose and treat medical conditions, and prescribe
and dispense medication, including controlled substances. Provider includes:
new text end

new text begin (1) a doctor of medicine or osteopathy licensed by the Minnesota Board of Medical
Practice pursuant to chapter 147; and
new text end

new text begin (2) an advanced practice registered nurse licensed by the Minnesota Board of Nursing
and certified by a national nurse certification organization acceptable to the board to practice
as a clinical nurse specialist or nurse practitioner pursuant to chapter 148.
new text end

new text begin Provider does not include a health care facility.
new text end

new text begin (n) "Qualified individual" means a capable adult who is a resident of Minnesota and
who has satisfied the requirements of this section in order to obtain a prescription for
medication to bring about a peaceful death. No person shall be considered a qualified
individual under this section solely because of advanced age or disability.
new text end

new text begin (o) "Self-administer" means a qualified individual performs an affirmative, conscious,
voluntary act to ingest medication prescribed pursuant to this section to bring about the
individual's peaceful death. Self-administration does not include administration by
intravenous or other parenteral injection or infusion.
new text end

new text begin (p) "Terminal disease" means an incurable and irreversible disease that has been medically
confirmed and will, within reasonable medical judgment, produce death within six months.
new text end

new text begin Subd. 3. new text end

new text begin Informed consent. new text end

new text begin (a) Nothing in this section shall be construed to limit the
information a provider must provide to an individual in order to comply with Minnesota
informed consent laws and the medical standard of care.
new text end

new text begin (b) If a provider is unable or unwilling to provide information or services that the
individual has requested, upon request of the individual the provider shall timely transfer
both care of the individual and any related medical records to a new provider, so that the
individual can make a voluntary, affirmative decision regarding end-of-life health care.
new text end

new text begin Subd. 4. new text end

new text begin Standard of care. new text end

new text begin (a) Medical care that complies with the requirements of this
section meets the medical standard of care.
new text end

new text begin (b) Nothing in this section exempts a provider or other medical personnel from meeting
medical standards of care for the treatment of individuals with a terminal disease.
new text end

new text begin Subd. 5. new text end

new text begin Qualification. new text end

new text begin (a) A mentally capable individual with a terminal disease may
request a prescription for medication under this section. A qualified individual must have
made two oral requests and a written request.
new text end

new text begin (b) The attending and consulting providers of a qualified individual must meet all the
requirements of subdivisions 7 and 8.
new text end

new text begin (c) Oral and written requests for medical aid in dying may be made only by the requesting
individual and shall not be made by the individual's surrogate decision-maker, health care
proxy, attorney-in-fact for health care, nor via advance health care directive.
new text end

new text begin (d) For terminally ill adults who may have difficulty with oral communication, written
materials, technology-assisted communication, interpreters or other assistance consistent
with Title III of the Americans with Disabilities Act as necessary may qualify as an oral
request.
new text end

new text begin (e) At the time the individual makes the second oral request, the consulting health care
provider shall offer the individual an opportunity to rescind the request.
new text end

new text begin Subd. 6. new text end

new text begin Request process. new text end

new text begin (a) A terminally ill adult wishing to receive a prescription
for medical aid in dying medication under this subdivision must make one oral request and
one written request to the attending health care provider and one oral request to the consulting
health care provider.
new text end

new text begin (b) A valid written request for medication under this section shall be in substantially the
form below, signed and dated by the individual.
new text end

new text begin Request for Medication to End My Life in a Peaceful Manner
new text end

new text begin I, . am an adult of sound mind. I have been diagnosed with
new text end

new text begin . , and given a prognosis of six months or less to live.
new text end

new text begin I have been fully informed of the feasible alternatives, concurrent, or additional treatment
opportunities for my terminal disease, including but not limited to comfort care, palliative
care, hospice care, or pain control and the potential risks and benefits of each. I have been
offered and received resources or referrals to pursue these alternative, concurrent, or
additional treatment opportunities for my terminal disease.
new text end

new text begin I have been fully informed of the nature of the medication to be prescribed, the risks, and
benefits including that the likely outcome of self-administering the medication is death. I
understand that I can rescind this request at any time, that I am under no obligation to fill
the prescription once written, nor to self-administer the medication if I obtain it.
new text end

new text begin I request that my attending provider furnish a prescription for medication that will end my
life in a peaceful manner if I choose to self-administer it, and I authorize my attending
provider to contact a pharmacist to dispense the prescription at a time of my choosing.
new text end

new text begin I make this request voluntarily, free from coercion or undue influence.
new text end

.
.
new text begin Requestor Signature
new text end
new text begin Date
new text end

new text begin Subd. 7. new text end

new text begin Attending provider responsibilities. new text end

new text begin (a) The attending provider shall:
new text end

new text begin (1) determine whether an individual has a terminal disease with a prognosis of six months
or less and is mentally capable;
new text end

new text begin (2) request that the individual demonstrate Minnesota state residency, which may be
confirmed by:
new text end

new text begin (i) possession of a Minnesota driver license, Tribal or other state-issued identification;
new text end

new text begin (ii) evidence of registration to vote in Minnesota; or
new text end

new text begin (iii) evidence that the person owns or leases a residence in Minnesota;
new text end

new text begin (3) confirm that the individual's request does not arise from coercion or undue influence
by asking the individual about coercion and influence, outside the presence of other persons,
except for an interpreter as necessary;
new text end

new text begin (4) inform the individual of:
new text end

new text begin (i) the diagnosis;
new text end

new text begin (ii) the prognosis;
new text end

new text begin (iii) the potential risks, benefits, and probable result of self-administering the prescribed
medication to bring about a peaceful death;
new text end

new text begin (iv) the potential benefits and risks of feasible alternatives, including but not limited to
concurrent or additional treatment options for the individual's terminal disease, palliative
care, comfort care, hospice care, and pain control; and
new text end

new text begin (v) the individual's right to rescind the request for medication pursuant to this section at
any time and in any manner;
new text end

new text begin (5) inform the individual that there is no obligation to fill the prescription nor an
obligation to self-administer the medication, if it is obtained;
new text end

new text begin (6) provide the individual with a referral for comfort care, palliative care, hospice care,
pain control, or other end-of-life treatment options as requested or as clinically indicated;
new text end

new text begin (7) refer the individual to a consulting provider for medical confirmation that the
individual requesting medication pursuant to this section:
new text end

new text begin (i) has a terminal disease with a prognosis of six months or less to live; and
new text end

new text begin (ii) is mentally capable;
new text end

new text begin (8) include the consulting provider's written determination in the individual's medical
record;
new text end

new text begin (9) refer the individual to a licensed mental health provider if the attending provider
observes signs that the individual may not be capable of making an informed decision;
new text end

new text begin (10) include the licensed mental health provider's written determination in the individual's
medical record, if such determination was requested;
new text end

new text begin (11) inform the individual of the benefits of notifying the next of kin of the individual's
decision to request medication pursuant to this section;
new text end

new text begin (12) fulfill the medical record documentation requirements;
new text end

new text begin (13) ensure that all steps are carried out in accordance with this section before providing
a prescription to a qualified individual for medication pursuant to this section including:
new text end

new text begin (i) confirmation that the individual has made an informed decision to obtain a prescription
for medication pursuant to this section;
new text end

new text begin (ii) offering the individual an opportunity to rescind the request for medication pursuant
to this section; and
new text end

new text begin (iii) educating the individual on:
new text end

new text begin (A) the recommended procedure for self-administering the medication to be prescribed;
new text end

new text begin (B) the safekeeping and proper disposal of unused medication in accordance with state
and federal law;
new text end

new text begin (C) the importance of having another person present when the individual self-administers
the medication to be prescribed; and
new text end

new text begin (D) not taking the medical aid in dying medication in a public place. For purposes of
this section, a facility is not considered a public place;
new text end

new text begin (14) deliver the prescription personally, by mail, or through an authorized electronic
transmission to a licensed pharmacist who will dispense the medication, including any
ancillary medications, to the attending provider, to the qualified individual, or to an individual
expressly designated by the qualified individual in person or with a signature required on
delivery, by mail service or by messenger service; or
new text end

new text begin (15) if authorized by the Drug Enforcement Agency, dispense the prescribed medication,
including any ancillary medications, to the qualified individual or an individual designated
in person by the qualified individual; and
new text end

new text begin (16) document in the qualified individual's medical record the individual's diagnosis and
prognosis, determination of mental capability, the date of the oral request(s), a copy of the
written request, a notation that the requirements under this subdivision have been completed,
and identification of the medication and ancillary medications prescribed to the qualified
individual pursuant to this section.
new text end

new text begin (b) Notwithstanding any other provision of law, the attending provider may sign the
individual's death certificate.
new text end

new text begin Subd. 8. new text end

new text begin Consulting provider responsibilities. new text end

new text begin A consulting provider shall:
new text end

new text begin (1) evaluate the individual and the individual's relevant medical records;
new text end

new text begin (2) confirm, in writing, to the attending provider that the individual:
new text end

new text begin (i) has made an oral request for medical aid in dying;
new text end

new text begin (ii) has a terminal disease with prognosis of six months or less to live;
new text end

new text begin (iii) is mentally capable or provide documentation that the consulting provider has
referred the individual for further evaluation in accordance with subdivision 9; and
new text end

new text begin (iv) is acting voluntarily, free from coercion, or undue influence; and
new text end

new text begin (3) offer the individual an opportunity to rescind the request.
new text end

new text begin Subd. 9. new text end

new text begin Referral for confirmation of mental capability. new text end

new text begin (a) If either the attending
provider or the consulting provider is unable to confirm that the individual is capable of
making an informed decision, the attending provider or consulting provider shall refer the
individual to a licensed mental health provider for determination of mental capability.
new text end

new text begin (b) The licensed mental health provider who evaluates the individual under this
subdivision shall submit to the requesting attending or consulting provider a written
determination of whether the individual is mentally capable.
new text end

new text begin (c) If the licensed mental health provider determines that the individual is not mentally
capable , the individual shall not be deemed a qualified individual and the attending provider
shall not prescribe medication to the individual under this section.
new text end

new text begin Subd. 10. new text end

new text begin Safe disposal of unused medications. new text end

new text begin After the qualified individual's death,
a person who has custody or control of medication prescribed pursuant to this section shall
dispose of the medication by lawful means in accordance with state or federal guidelines.
new text end

new text begin Subd. 11. new text end

new text begin No duty to provide medical aid in dying. new text end

new text begin (a) A health care provider shall
provide sufficient information to an individual with a terminal disease regarding available
options, the alternatives, and the foreseeable risks and benefits of each so that the individual
is able to make informed decisions regarding their end-of-life health care.
new text end

new text begin (b) A provider may choose whether or not to practice medical aid in dying pursuant to
this section.
new text end

new text begin (c) If a provider is unable or unwilling to fulfill an individual's request for medication
pursuant to this section the provider shall, upon request, transfer the individual's medical
records to the new provider consistent with federal and Minnesota law.
new text end

new text begin (d) A provider shall not engage in false, misleading, or deceptive practices relating to a
willingness to qualify an individual or provide a prescription to a qualified individual
pursuant to this section. Intentionally misleading an individual constitutes coercion.
new text end

Sec. 2.

new text begin [145.872] HEALTH CARE FACILITY PERMISSIBLE PROHIBITIONS
AND DUTIES.
new text end

new text begin (a) A health care facility may prohibit providers from qualifying, prescribing, or
dispensing medication pursuant to section 145.871 while performing duties for the facility.
A prohibiting facility must provide advance notice in writing at the time of hiring, contracting
with, or privileging providers and staff, and on a yearly basis thereafter; a health care facility
that fails to provide explicit, advance notice in writing waives the right to enforce the
prohibition.
new text end

new text begin (b) If an individual wishes to transfer care to another health care facility, the prohibiting
facility shall coordinate a timely transfer, including transfer of the individual's medical
records.
new text end

new text begin (c) No health care facility shall prohibit a provider from fulfilling the requirements of
informed consent and meeting the standard of medical care by:
new text end

new text begin (1) providing information to an individual regarding the individual's health status
including but not limited to diagnosis, prognosis, recommended treatment, treatment
alternatives, and any potential risks to the individual's health;
new text end

new text begin (2) providing information about available services, relevant community resources, and
how to access those resources to obtain the care of the individual's choice; and
new text end

new text begin (3) providing information regarding health care services available pursuant to section
145.871, information about relevant community resources, and information about how to
access those resources for obtaining care of the individual's choice.
new text end

new text begin (d) In accordance with section 144.651, a health care facility shall not engage in false,
misleading, or deceptive practices relating to its policy with respect to end-of-life services,
including (1) whether it has a policy which prohibits affiliated health care providers from
determining an individual's qualification for medical aid in dying or writing a prescription
for a qualified individual pursuant to section 145.871, or (2) intentionally denying an
individual access to medication pursuant to section 145.871 by failing to transfer an individual
and their medical records to another provider in a timely manner. Intentionally misleading
an individual or deploying misinformation to obstruct access to services pursuant to section
145.871 constitutes coercion or undue influence.
new text end

new text begin (e) If any part of this section is found to be in conflict with federal requirements which
are a prescribed condition to receipt of federal funds to the state, the conflicting part of this
section is inoperative solely to the extent of the conflict with respect to the facility directly
affected, and such finding or determination shall not affect the operation of the remainder
of this section or section 145.871.
new text end

Sec. 3.

new text begin [145.873] IMMUNITIES FOR ACTIONS IN GOOD FAITH; PROHIBITION
AGAINST REPRISALS.
new text end

new text begin (a) No person or health care facility shall be subject to civil or criminal liability or
professional disciplinary action, including censure, suspension, loss of license, loss of
privileges, loss of membership, or any other penalty for engaging in good faith compliance
with sections 145.871 and 145.872.
new text end

new text begin (b) No provider, health care facility, professional organization, or association shall
subject a provider to discharge, demotion, censure, discipline, suspension, loss of license,
loss of privileges, loss of membership, discrimination, or any other penalty: (1) for providing
medical aid in dying in accordance with the standard of care and in good faith under section
145.871 while engaged in the outside practice of medicine and off the facility premises; or
(2) for providing scientific and accurate information about medical aid in dying to an
individual when discussing end-of-life care options.
new text end

new text begin (c) An individual is not subject to civil or criminal liability or professional discipline if,
at the request of the qualified individual, they are present outside the scope of their
employment contract and off the facility premises when the qualified individual
self-administers medication pursuant to section 145.871 or at the time of death. A person
who is present may, without civil or criminal liability, assist the qualified individual by
preparing the medication prescribed pursuant to section 145.871.
new text end

new text begin (d) A request by an individual for and the provision of medication pursuant to section
145.871 alone, does not constitute neglect or elder abuse for any purpose of law, nor shall
it be the sole basis for appointment of a guardian or conservator.
new text end

new text begin (e) This section does not limit civil liability for intentional or negligent misconduct.
new text end

Sec. 4.

new text begin [145.874] REPORTING REQUIREMENTS.
new text end

new text begin (a) By August 1, 2021, the commissioner of health shall create an attending provider
checklist form and attending provider follow-up form to facilitate collection of the
information described in this section and post the forms on the Department of Health website.
Failure to promulgate the attending provider checklist form and prescribing provider
follow-up form shall not suspend the effective date of this section and sections 145.871 to
145.873 and 145.874 to 145.879.
new text end

new text begin (b) Within 30 calendar days of providing a prescription for medication pursuant to section
145.871, the attending provider shall submit to the Department of Health an attending
provider checklist form with the following information:
new text end

new text begin (1) the qualifying individual's name and date of birth;
new text end

new text begin (2) the qualifying individual's terminal diagnosis and prognosis;
new text end

new text begin (3) notice that the requirements under section 145.871 were completed; and
new text end

new text begin (4) notice that medication has been prescribed pursuant to section 145.871.
new text end

new text begin (c) Within 60 calendar days of notification of a qualified individual's death from
self-administration of medication prescribed pursuant to section 145.871, the attending
provider shall submit to the Department of Health an attending provider follow-up form
with the following information:
new text end

new text begin (1) the qualified individual's name and date of birth;
new text end

new text begin (2) date of the qualified individual's death; and
new text end

new text begin (3) annotation of whether or not the qualified individual was enrolled in hospice services
at the time of the qualified individual's death.
new text end

new text begin (d) The Department of Health shall annually review a sample of records pursuant to this
section to ensure compliance and issue a public statistical report of non-identifying
information. The report shall include:
new text end

new text begin (1) the number of prescriptions for medication written pursuant to section 145.871;
new text end

new text begin (2) the number of providers who wrote prescriptions for medication pursuant to section
145.871; and
new text end

new text begin (3) the number of qualified individuals who died following self-administration of
medication prescribed and dispensed pursuant to section 145.871.
new text end

new text begin (e) Except as otherwise required by law, the information collected by the Department
of Health is not a public record and is not available for public inspection.
new text end

new text begin (f) Willful failure or refusal to timely submit records required under this section nullifies
protections under section 145.873.
new text end

Sec. 5.

new text begin [145.875] EFFECT ON CONSTRUCTION OF WILLS, CONTRACTS, AND
STATUTES.
new text end

new text begin (a) No provision in a contract, will, or other agreement, whether written or oral, that
would determine whether an individual may make or rescind a request pursuant to section
145.871 is valid.
new text end

new text begin (b) No obligation owing under any currently existing contract shall be conditioned or
affected by an individual's act of making or rescinding a request pursuant to section 145.871.
new text end

new text begin (c) It is unlawful for an insurer to deny or alter health care benefits otherwise available
to an individual with a terminal disease based on the availability of medical aid in dying or
otherwise attempt to coerce an individual with a terminal disease to make a request for
medical aid in dying medication.
new text end

Sec. 6.

new text begin [145.876] INSURANCE OR ANNUITY POLICIES.
new text end

new text begin (a) The sale, procurement, or issuance of a life, health, or accident insurance or annuity
policy or the rate charged for a policy shall not be conditioned upon or affected by an
individual's act of making or rescinding a request for medication pursuant to section 145.871.
new text end

new text begin (b) A qualified individual's act of self-administering medication pursuant to section
145.871 does not invalidate any part of a life, health, or accident insurance or annuity policy.
new text end

new text begin (c) A health plan including medical assistance under chapter 256B shall not deny or
alter benefits to an individual with a terminal disease who is a covered beneficiary of a
health plan, based on the availability of medical aid in dying, the individual's request for
medication pursuant to section 145.871, or the absence of a request for medication pursuant
to this section. Failure to meet this requirement shall constitute a violation of chapters 61,
61A, 61B, 62, and 62A.
new text end

Sec. 7.

new text begin [145.877] DEATH CERTIFICATE.
new text end

new text begin (a) Unless otherwise prohibited by law, the attending provider or the hospice medical
director may sign the death certificate of a qualified individual who obtained and
self-administered a prescription for medication pursuant to section 145.871.
new text end

new text begin (b) When a death has occurred in accordance with section 145.871, the death shall be
attributed to the underlying terminal disease.
new text end

new text begin (c) Death following self-administering medication under section 145.871 alone does not
constitute grounds for post-mortem inquiry.
new text end

new text begin (d) Death in accordance with section 145.871 shall not be designated suicide or homicide.
new text end

new text begin (e) A qualified individual's act of self-administering medication prescribed pursuant to
section 145.871 shall not be indicated on the death certificate.
new text end

new text begin (f) The coroner may conduct a preliminary investigation to determine whether an
individual received a prescription for medication under section 145.871.
new text end

Sec. 8.

new text begin [145.878] LIABILITIES; PENALTIES; CLAIMS FOR COSTS INCURRED.
new text end

new text begin Subdivision 1. new text end

new text begin Liabilities and penalties. new text end

new text begin (a) Intentionally or knowingly altering or
forging an individual's request for medication pursuant to section 145.871 or concealing or
destroying a rescission of a request for medication pursuant to section 145.871 is a felony.
new text end

new text begin (b) Intentionally or knowingly coercing or exerting undue influence on an individual
with a terminal disease to request medication pursuant to section 145.871 or to request or
utilize medication pursuant to sections 145.871 to 145.874 is a felony.
new text end

new text begin (c) Nothing in this section limits civil liability nor damages arising from negligent
conduct or intentional misconduct including failure to obtain informed consent by any
person, provider, or health care facility.
new text end

new text begin (d) The penalties specified in this section do not preclude criminal penalties applicable
under other laws for conduct in violation of sections 145.871 to 145.874.
new text end

new text begin (e) For purposes of this section, "intentionally" and "knowingly" have the meanings
given in sections 609.02, subdivision 9, and 617.292, subdivision 8.
new text end

new text begin Subd. 2. new text end

new text begin Claims by governmental entity for costs incurred. new text end

new text begin Any governmental entity
that incurs costs resulting from self-administration of medication prescribed under section
145.871 in a public place shall have a claim against the estate of the qualified individual to
recover such costs and reasonable attorney fees related to enforcing the claim.
new text end

Sec. 9.

new text begin [145.879] CONSTRUCTION AND SEVERABILITY.
new text end

new text begin Subdivision 1. new text end

new text begin Construction. new text end

new text begin (a) Nothing in section 145.871 authorizes a provider or
any other person, including the qualified individual, to end the qualified individual's life by
intravenous or other parenteral injection or infusion, mercy killing, homicide, murder,
manslaughter, euthanasia, or any other criminal act.
new text end

new text begin (b) Actions taken in accordance with section 145.871 do not, for any purposes, constitute
suicide, assisted suicide, euthanasia, mercy killing, homicide, murder, manslaughter, elder
abuse or neglect, or any other civil or criminal violation under the law.
new text end

new text begin Subd. 2. new text end

new text begin Severability. new text end

new text begin If a part of sections 145.871 to 145.878 is invalid, all valid parts
that are severable from the invalid part remain in effect. If a part of 145.871 to 145.878 is
invalid in one or more of its applications, the part remains in effect in all valid applications
that are severable from the invalid applications.
new text end