D.C. Mun. Regs. tit. 22, r. 22-D301

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 22-D301 - PATIENT PARTICIPATION

301.1

A patient may participate in the Program if the patient is:

(a) At least eighteen (18) years of age;

(b) A resident of the District;

(c) Under the care of a physician; and

(d) Diagnosed with a terminal disease.

301.2

To participate in the Program a patient shall first complete the training module provided by the Director regarding the Program.

(a) The training module shall include:

(1) Advice on the selection of witnesses;

(2) A link to the appropriate form for requesting covered medication;

(3) Information on who may prescribe and dispense a covered medication;

(4) Information on executing a Do Not Resuscitate Order or similar document;

(5) Information on the responsible use of a covered medication; and

(6) Information on the responsible disposal of unused covered medications.

(b) The patient shall attest to having completed the training module on the application form provided by the Director.

301.3

After completing the training module, a patient may request covered medication from an attending physician by making two (2) oral requests to the physician that are separated by at least fifteen (15) days. In addition, the patient shall submit a written request to the physician, on a form provided by the Director, before making the second oral request and at least forty-eight (48) hours before covered medication is prescribed or dispensed. The patient may, on the written request form, designate any person the patient chooses to serve as the patient's agent for the purpose of safely disposing of unused covered medication. Any person so designated shall acknowledge acceptance of responsibility to safely dispose of unused covered medication by signing the form.

301.4

The written request required by § 301.3 shall be witnessed by two (2) individuals, neither of which may be the patient's attending physician at the time of the request, and one of which shall not be:

(a) A relative of the patient by blood, marriage, or adoption;

(b) Entitled to any portion of the patient's estate under a will or by operation of law at the time the patient or any witness signs the request; or

(c) An owner, operator, or employee of a health care facility where the patient is receiving treatment or resides.

301.5

If a patient is a resident of a long-term care facility at the time of the written request, one of the witnesses required by § 301.4 shall be an individual the facility designates, provided that the facility shall not designate an owner, operator, or employee of the facility.

301.6

The patient may:

(a) Execute, at any time, a "Do Not Resuscitate Order", "Comfort Care Order", or other document that provides instructions to emergency responders not to prolong the life of a person who has a terminal disease and is experiencing cardiac or pulmonary arrest.

(b) Notify the Director, after completing the three step process (two oral requests and a written request), that the patient is participating in the Program; or

(c) Provide, at any time, health instructions to emergency responders by registering with smart 911 at www.smart911.com.

301.7

If a patient notifies the Director that the patient is participating in the Program, the Director shall notify the Office of Unified Communications and the Office of the Chief Medical Examiner.

301.8

If the patient chooses to withdraw from the Program, the patient shall notify the Director of the withdrawal. The Director shall provide notice of the patient's withdrawal from the Program to the Office of Unified Communications and the Office of the Chief Medical Examiner (OCME).

D.C. Mun. Regs. tit. 22, r. 22-D301

Final Rulemaking published at 64 DCR 12077 (11/24/2017)