Indiana bill would let terminally ill adults request life-ending medication

Eligible patients could ask their main provider for medication they would take themselves to end their lives. Patients must be Indiana residents age 18 or older, able to make and share health care decisions, and expected to die from an incurable illness within six months. A second provider must confirm the diagnosis and that the patient can make a voluntary, informed choice. No provider has to prescribe or dispense the medication. This proposal would take effect July 1, 2026, if enacted.

Patients would have to make two spoken requests and one written request before receiving a prescription. These steps apply to eligible patients seeking the medication. Patients may withdraw a request at any time. If a provider confirms that a patient is likely to die before a waiting period ends, the provider may prescribe after the later of the written or second spoken request. Normally, patients must repeat the spoken request at least 15 days after the first. Prescribing must wait at least 15 days after the first spoken request and 48 hours after the written request. The repeat request may come sooner if death is expected within 15 days.

Two witnesses would have to confirm that the written request is voluntary. Providers would have to require counseling when a condition prevents an informed choice. These checks apply to patients seeking the medication. At least one witness cannot be the patient's relative or heir, a worker or owner at the patient's care facility, or the patient's main provider. If the patient lives in a health facility, one witness must be designated by that facility. The main provider must explain the likely result, risks, and other care options. If a mental health condition or depression prevents an informed choice, medication cannot be prescribed until counseling finds that the patient can make that choice. The witness and counseling requirements must be met before medication is prescribed.

Insurers could not let a request or use affect the sale of covered policies or use a suicide clause to deny certain life insurance benefits. The sale rule covers life insurance, health insurance, and annuities. The death benefit rule covers individual and group life policies issued in Indiana or for delivery there. The request or use must follow the proposal's rules. The death benefit rule applies when death results from medical aid in dying under those rules. These rules would begin July 1, 2026, if enacted. The suicide clause ban would apply regardless of how long the life policy had been in force.

A person would face a Level 1 felony for knowingly coercing or unduly influencing a patient to request medication or destroy a withdrawal. Unauthorized request tampering intended to cause, or that causes, death would also be a Level 1 felony. The penalties cover requests, withdrawals, and documents showing a patient's wishes about the medication. Knowingly tampering without permission to affect a health care decision would be a Class A misdemeanor. The penalties would take effect July 1, 2026, if enacted.