Hawaii Euthanasia Laws
Created by FindLaw's team of legal writers and editors | Last reviewed January 08, 2020
Last updated 01/08/2020
“Euthanasia” (also called "death with dignity" or “physician-assisted suicide”) refers to taking the life or allowing the death of a hopelessly sick or injured person. Under current law, intentionally ending the life of another person, no matter how sick or in pain, is illegal in many states. Eight states and the District of Columbia, however, allow euthanasia in certain circumstances. Hawaii became one of these states in 2019 through the Our Care, Our Choice Act. This is an introduction to euthanasia laws in Hawaii.
Euthanasia Law History
There's no right to physician-assisted suicide under federal law or the Constitution. In 1997, the United States Supreme Court ruled that a state has an interest in preserving life and preventing intentional killing that outweighs a citizen’s liberty interest in choosing when, where, and how to die. While states are therefore permitted to ban euthanasia, many states have recognized a distinction between a physician proactively ending a patient's life (illegal in most states) and passively refusing or removing life-saving medical treatment (legal in many states).
Euthanasia Law in Hawaii
Here are some details about Hawaii’s death with dignity law:
|Hawaii Revised Statutes 327E-1, et seq.: Our Care , Our Choice Act
Euthanasia Allowed in Laws?
|Hawaii law allows death with dignity for terminally ill patients.
Requirements for Death With Dignity
Here are the requirements under the Our Care, Our Choice Act:
When can Patients Rescind Their Requests?
|Patients can withdraw their requests for aid-in-dying prescriptions at any time.
Is Residency Required?
|Yes. Possession of a valid Hawaii driver’s license, registering to vote in Hawaii, or filing of tax return in Hawaii is sufficient to fulfill the residency requirement.
Related Resources for Hawaii Euthanasia Laws
Euthanasia laws and the right to die are complex and complicated issues, both emotionally and legally. You can consult with an experienced Hawaii health care attorney in your area if you would like legal help with a terminal health care matter. FindLaw's section on Patient Rights can provide you with further reading and resources on this topic.
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