- The patient must be an adult (18 or over).
- The patient must have decisional capacity.
- The patient must be terminally ill, defined as expected to die within 6 months, as determined by 2 independent physicians. (In New Mexico, a second physician is not required when the patient is already enrolled in a Medicare-certified hospice program.)
- If either physician suspects that depression or mental illness is distorting the patient's judgment or decisional capacity, the patient must be referred for psychological or psychiatric evaluation. (Some states, eg, Hawaii, require every patient automatically receive a formal mental health evaluation by a psychiatrist, psychologist, clinical social worker, or psychiatric mental health nurse practitioner, as do some medical institutions in states where it is not legally required.)
- The patient must make 2 oral requests and a written request, separated by at least 15 days. (An amendment to the Oregon statute permits waiving of the waiting period if death is expected to occur sooner than 15 days. The waiting period in Hawaii is 20 days. In New Mexico, the waiting period between request and prescription is 2 days but can be waived if death is expected to occur sooner.)
- The physician may write a prescription for or provide a lethal drug. No physician or pharmacist is required to participate.
- The physician must advise the patient about other options, including palliative and hospice care, and must tell the patient that their request may be withdrawn at any time for any reason.
- The patient must self-administer the lethal medication. The physician may be present at the death but is not required to do so.
- The physician must file a report with the designated state health agency. The identity of the physician and of the patient are not matters of public record.
- The death is not identified as "suicide" and does not affect life, health, or accident insurance policies or annuities, wills, contracts, or claims.
- Physicians and other persons are immune from civil or criminal liability, or professional disciplinary action unless they act with negligence, recklessness, or intentional misconduct.
- Pressuring or coercing a terminally ill person to request the medication is a felony.
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