D.C. Code § 7-661.03: Responsibilities of the attending physician.

(a)

Upon receiving a written request for a covered medication pursuant to § 7-661.02(a)(2), the attending physician shall:

(1)

Determine that the patient:

(A)

Has a terminal disease;

(B)

Is capable;

(C)

Has made the request voluntarily; and

(D)

Is a resident of the District of Columbia;

(2)

Inform the patient of:

(A)

His or her medical diagnosis;

(B)

His or her prognosis;

(C)

The potential risks associated with taking a covered medication;

(D)

The probable result of taking a covered medication; and

(E)

The feasible alternatives to taking a covered medication, including comfort care, hospice care, and pain control;

(3)

Refer the patient to a consulting physician;

(4)

Refer the patient to counseling if appropriate, pursuant to § 7-661.04;

(5)

Inform the patient of the availability of supportive counseling to address the range of possible psychological and emotional stress involved with the end stages of life;

(6)

Recommend that the patient notify next of kin, friends, and spiritual advisor, if applicable, of his or her decision to request a covered medication;

(7)

Counsel the patient about the importance of having another person present when the patient takes a covered medication and of not taking a covered medication in a public place;

(8)

Inform the patient that he or she has an opportunity to rescind a request for a covered medication at any time and in any manner;

(9)

Verify, immediately before writing the prescription for a covered medication, that the patient is making an informed decision; and

(10)

Fulfill the medical record documentation requirements of § 7-661.06.

(b)

If a consulting physician receives a referral for a patient from an attending physician pursuant to subsection (a)(3) of this section, the consulting physician shall:

(1)

Examine the patient and his or her relevant medical records to confirm, in writing, the attending physician's diagnosis that the patient is suffering from a terminal disease;

(2)

Verify, in writing, to the attending physician that the patient:

(A)

Is capable;

(B)

Is acting voluntarily; and

(C)

Has made an informed decision; and

(3)

Refer the patient to counseling if appropriate, pursuant to § 7-661.04.