The Death With Dignity Act

Qualifying Process

• Minimum of 15 days, unless the patient qualifies for an expedited qualifying process. 

• Evaluations from two (2) qualifying physicians. These roles are defined as an Attending Physician and a Consulting Physician. Both physicians must be licensed Oregon MDs or DOs.

• An evaluation from a psychiatrist or psychologist if determined necessary by the qualifying physicians.

• 3 requests, 2 oral and 1 written (requests may be rescinded at any time)

First Oral Request

• Starts Day 0 of the 15 day timeline.

• Must be documented in the patient’s medical chart.

• Must be made as a direct request to use the DWDA/MAID, not an informational conversation. 

• Must be made to an Oregon licensed MD or DO, but does not have to be made to a participating physician as long as the Attending Physician determines that the request was made with informed decision. Informed decision must include informing the patient about:

  • Their medical diagnosis.

  • Their terminal prognosis.

  • The potential risks associated with taking the MAID medication.

  • The probable result of taking the MAID medication.

  • Alternative end-of-life options, including, but not limited to, comfort care, hospice care, pain management and VSED.

• Can be made by phone, virtual visit, or in person, it’s up to the physician how they want to receive it. 

Written Request

After the Attending and Consulting Physicians determine the patient has a terminal illness with a 6 month or less prognosis and the patient has given their first oral request, the patient can submit a Request to End my Life in a Humane and Dignified Manner form to the Attending Physician. This form is required by law and is signed and dated by the patient and two witnesses, who, in the presence of the patient, attest that to the best of their knowledge and belief, the patient is:

• Capable 

• Acting voluntarily

• Not coerced to sign

Form Requirements:

• Must be signed by the patient and both witnesses at the same time.

• Only one witness can be a relative or spouse.

• Only one witness can be entitled to the individual's estate upon their death. 

• Only one witness can be the owner, operator or employee of a healthcare facility where the patient is receiving medical attention or is a resident. 

• The participating physicians cannot be witnesses. 

The Written Request to End my Life in a Dignified Manner formmust be submitted to the Attending Physician 48 hours before the Rx can be written, except in cases where the process has been expedited.

Second Oral Request

• Must be 15 days after the First Oral Request.

• Must be made only to the Attending Physician.

• Must be a direct request to use the DWDA/MAID.

• Must be documented in the individual’s medical chart.

• Can be made by phone, virtual visit, or in person, it’s up to the Attending Physician how they want to receive it. 

• The Attending Physician must offer the patient an opportunity to rescind their request at this time.