§ 25-48-104. Request Process – Witness Requirements

1. In order to receive a prescription for medical aid-in-dying medication pursuant to this article, an individual who satisfies the requirements in section 25-48-103 must make two oral requests, separated by at least fifteen days, and a valid written request to his or her attending physician.
2. 1. To be valid, a written request for medical aid-in-dying medication must be:
      1. Substantially in the same form as set forth in section 25-48-112;
      2. Signed and dated by the individual seeking the medical aid-in-dying medication; and
      3. Witnessed by at least two individuals who, in the presence of the individual, attest to the best of their knowledge and belief that the individual is:
         1. Mentally capable;
         2. Acting voluntarily; and
         3. Not being coerced to sign the request.
   2. Of the two witnesses to the written request, at least one must not be:
      1. Related to the individual by blood, marriage, civil union, or adoption;
      2. An individual who, at the time the request is signed, is entitled, under a will or by operation of law, to any portion of the individual’s estate upon his or her death; or
      3. An owner, operator, or employee of a health-care facility where the individual is receiving medical treatment or is a resident.
   3. Neither the individual’s attending physician nor a person authorized as the individual’s qualified power of attorney or durable medical power of attorney shall serve as a witness to the written request.

Source: Initiated 2016: Entire article added, Proposition 106, L. 2017, p. 2805 , § 1, effective upon proclamation of the Governor, December 16, 2016.