16-5-5. Assisted suicide; notification of licensing board regarding violation.

As used in this Code section, the term:#

1. (1)

   “Assists” means the act of physically helping or physically providing the means.#

2. (2)

   “Health care provider” means any person licensed, certified, or registered under Chapter 9, 10A, 11, 11A, 26, 28, 30, 33, 34, 35, 39, or 44 of Title 43.#

3. (3)

   “Suicide” means the intentional and willful termination of one’s own life.#

Any person with actual knowledge that a person intends to commit suicide who knowingly and willfully assists such person in the commission of such person’s suicide shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than ten years.#

The provisions of this Code section shall not apply to:#

1. (1)

   Pursuant to a patient’s consent, any person prescribing, dispensing, or administering medications or medical procedures when such actions are calculated or intended to relieve or prevent such patient’s pain or discomfort but are not calculated or intended to cause such patient’s death, even if the medication or medical procedure may have the effect of hastening or increasing the risk of death;#

2. (2)

   Pursuant to a patient’s consent, any person discontinuing, withholding, or withdrawing medications, medical procedures, nourishment, or hydration;#

3. (3)

   Any person prescribing, dispensing, or administering medications or medical procedures pursuant to, without limitation, a living will, a durable power of attorney for health care, an advance directive for health care, a psychiatric advance directive, a Physician Orders for Life-Sustaining Treatment form pursuant to Code Section 31-1-14, or a consent pursuant to Code Section 29-4-18 or 31-9-2 when such actions are calculated or intended to relieve or prevent a patient’s pain or discomfort but are not calculated or intended to cause such patient’s death, even if the medication or medical procedure may have the effect of hastening or increasing the risk of death;#

4. (4)

   Any person discontinuing, withholding, or withdrawing medications, medical procedures, nourishment, or hydration pursuant to, without limitation, a living will, a durable power of attorney for health care, an advance directive for health care, a psychiatric advance directive, a Physician Orders for Life-Sustaining Treatment form pursuant to Code Section 31-1-14, a consent pursuant to Code Section 29-4-18 or 31-9-2, or a written order not to resuscitate; or#

5. (5)

   Any person advocating on behalf of a patient in accordance with this subsection.#

Within ten days of a conviction, a health care provider who is convicted of violating this Code section shall notify in writing the applicable licensing board for his or her licensure, certification, registration, or other authorization to conduct such health care provider’s occupation. Upon being notified and notwithstanding any law, rule, or regulation to the contrary, the appropriate licensing board shall revoke the license, certification, registration, or other authorization to conduct such health care provider’s occupation.#