safeguards of the law

These safeguards, written into the law, ensure that the patient is protected and is in control of the process.

To request a prescription for medication, the Death with Dignity law requires that a patient be:

1. An adult (18 years of age or older)
2. A resident of Oregon
3. Diagnosed with a terminal illness that will lead to death within 6 months

Factors demonstrating Oregon residency include but are not limited to:

1. Possession of an Oregon driver's license;
2. Registration to vote in Oregon;
3. Evidence that the person owns or leases property in Oregon;
4. Filing of an Oregon tax return for the most recent tax year.

Patients meeting these requirements are eligible to request a prescription for medication from a licensed Oregon physician. The prescription must be self-administered. To receive a prescription, the following steps must be fulfilled:

• The patient must make two oral requests to their physician, separated by at least 15 days.
• The patient must provide a written request to their physician witnessed by two individuals who are not family members or primary caregivers.
• A patient may rescind his or her request at any time
• The diagnosis and prognosis must be confirmed by the prescribing physician and a consulting physician.
• The prescribing physician and a consulting physician must concur that the patient is capable (defined as able to make and communicate health care decisions).
• If either physician determines that the patient's judgment is impaired, the patient must be referred for a psychological examination.
• The prescribing physician must inform the patient of alternatives including palliative care, hospice and pain management options.
• The prescribing physician must request that the patient notify their next-of-kin of the prescription request.

The Oregon Department of Human Services (DHS) enforces compliance with the law. To comply with the law, physicians must report to the DHS all prescriptions for medication. Physicians and patients who adhere to the requirements of the law are protected from criminal prosecution, and the choice of legal physician-assisted dying cannot affect the status of a patient's health or life insurance policies. Physicians and health care systems are not obligated to participate in the Death with Dignity law.

Visit the Oregon Department of Human Services website for answers to FAQs.

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