HB 2736 Summary

• Establishes the "Our Care, Our Choice Act" allowing mentally competent adult Hawaii residents with a medically confirmed terminal disease (less than three months to live) to request a prescription for medication to end their life in a humane and dignified manner.

• Requires two oral requests separated by at least 20 days, one signed written request witnessed by two people (one unrelated to the patient), and at least 48 hours between written request and prescription dispensing.

• Mandates confirmation by two physicians (attending and consulting) of the patient's diagnosis, prognosis, mental capacity, and voluntary request; referral for psychiatric evaluation if needed; and patient counseling about alternatives including palliative care and hospice.

• Establishes Class A felony penalties for tampering with or forging a patient's request or coercing a terminally ill person to request medication, with additional criminal penalties for altering or concealing rescissions.

• Includes protections for healthcare providers participating in good faith, immunity provisions, reporting requirements to the Department of Health, and sunsets on June 30, 2023.