300.1 This chapter shall apply to the following:

(a) District residents diagnosed with a terminal disease;

(b) Physicians licensed in the District;

(c) Pharmacists licensed in the District;

(d) Pharmacies registered in the District; and

(e) Funeral directors and funeral services providers licensed in the District

300.2 Information collected pursuant to this chapter shall not be a public record and shall not be available for inspection by the public under the Freedom of Information Act of 1976, pursuant to Section 17 of the Act.

300.3 This chapter shall not be construed to authorize any person to end a person's life by lethal injection, mercy killing, active euthanasia, or any other method of medication not authorized under the Act or this chapter.

300.4 Actions taken in accordance with the Act or pursuant to this chapter shall not constitute suicide, assisted suicide, mercy killing, active euthanasia, or homicide for the purposes of any provision of District law.

300.5 This chapter shall not be construed to authorize a qualified patient to ingest a covered medication in a public place or in such a way that death will result in a public place.

300.6 For the purpose of this chapter a patient may establish residency by providing any two (2) of the following original documents that include a valid address in the District:

(a) A utility bill or computer printout (water, gas, electric, oil, or cable), with name and address, issued within the last sixty (60) days (disconnect notices not accepted);

(b) A telephone bill or computer printout (cell phone, wireless, or pager bills acceptable), reflecting patient's name and current address, issued within the last sixty (60) days (disconnect notices not accepted);

(c) A deed, mortgage, or settlement agreement reflecting the patient's name and property address;

1. (d) An unexpired lease or rental agreement with the name of the patient listed as the lessee, permitted resident, or renter (may be a photocopy). The unexpired lease or rental agreement shall be signed by all parties;
2. (e) A District property tax bill or tax assessment issued within the last twelve (12) months reflecting the applicant's name and property address;
3. (f) An unexpired homeowner's or renter's insurance policy reflecting the patient's name and address;
4. (g) A letter with picture from the Court Services and Offender Supervision Agency or the Department of Corrections certifying the patient's name and District residency issued within the last sixty (60) days;
5. (h) A Department of Motor Vehicles proof of residency form signed by the certifier residing at the residence and a copy of the certifier's unexpired District driver's license or District identification card;
6. (i) A bank, credit union, credit card, or investment account statement issued within the last sixty (60) days reflecting the patient's name and address;
7. (j) A piece of official mail—received from any government agency (with the patient's full name and address) to include contents and envelope received within the last sixty (60) days;
8. (k) A form from a social service provider that includes the patient's name and address issued within the last sixty (60) days;
9. (l) A medical bill issued within the last sixty (60) days reflecting the patient's name and address;
10. (m) A student loan statement issued within the last sixty (60) days reflecting the patient's name and address;
11. (n) A home line of equity statement issued within the last sixty (60) days reflecting the patient's name and address;
12. (o) A car or personal loan statement (no coupon books/vouchers accepted) issued within the last sixty (60) days reflecting the patient's name and address; or
13. (p) A home security system bill issued within the last sixty (60) days reflecting the patient's name and address.

300.7 If at any time a patient participating in the Program or the patient’s agent disposes of covered medication, the patient shall be considered to have withdrawn from the Program and shall re-initiate the three step process (two oral requests and a written request) if the patient wishes to acquire covered medication again.

SOURCE: Final Rulemaking published at 64 DCR 12076 (November 24, 2017).