ELOA for Care Facilities

Residents’ Rights for those living in Care Facilities if choosing to use MAID

Which Facilities are Included?

Residents living in an Adult Residential Facility (ARF), Adult Residential Facility for Persons with Special Health Care Needs (ARFPSHN), Residential Care Facility for the Chronically Ill (RCFCI), Residential Care Facility for the Elderly (RCFE) or a Social Rehabilitation Facility (SRF) environment and determined to be qualified to obtain the aid-in-dying drug (“qualified resident”) retain the rights to obtain and self-administer the prescription, regardless of whether the facility has decided to prohibit employees from participating in activities pursuant to the EOLOA.

Know your Rights

The decision of a qualified resident to exercise their rights under this law shall not be the basis for an eviction. 

* Please note that, unfortunately, Skilled Nursing Facilities (SNF) are not subject to the above residents’ rights.

Medication Storage

Qualified residents living in ARFs, ARFPSHNs, RCFCIs, RCFEs and SRFs have two options for medication storage at the facility:

  • Centrally store the medication with the facility; or
  • Store the medication in their rooms.

Qualified residents who choose to store the medication in their rooms must store it in a locked receptacle (for example a locked box, a safe, a locked cabinet, etc.) which prevents access to the medication by other persons.

Locked Receptacles

As long as the qualified resident stores the medication in a locked receptacle, facilities cannot require the qualified resident to have their aid-in-dying drug centrally stored.  If the facility centrally stores and manages medications, the facility must honor the request of any qualified resident and centrally store the aid-in-dying medication, unless the facility objects to delivering or dispensing the drug pursuant to the EOLOA.  If the facility objects to delivering or dispensing the drug pursuant to the EOLOA, the qualified resident is responsible for these activities, including storing the drug, e.g., in a locked receptacle in their room or off-site at the home of a loved one.

Resident Disclosures

There is no requirement for a qualified resident to disclose to anyone their intent to use the EOLOA, except for the medical professionals involved in qualifying the resident and dispensing the medication.  Therefore, such residents are not required to inform the facility (licensee) or facility staff of their intent to exercise their rights under this law.  However, qualified residents are encouraged to communicate such intentions with the licensee and direct care staff.  Facilities are also encouraged to communicate with residents regarding end of life planning issues.

Provider Information Notice (PIN)

To read the entire Provider Information Notice (PIN) Summary PIN 23-09-ASC please click hereThis PIN was issued on April 19, 2023 to All Adult and Senior Care Program Licensees by the Community Care Licensing Division of the California Department of Social Services.

Patient Eligibility

Eligibility Criteria Include:

  • Is a California Resident
  • Is 18 years of age
  • Has a terminal illness and confirmed to have 6 months or less life expectancy
  • Is making an informed decision
  • Has decisional capacity to make an informed decision
  • Is physically and mentally capable of ingesting aid in dying medication
  • Has not demonstrated undue coercion and acted of own accord
  • Has submitted and signed, the witnessed written request form

Feeling overwhelmed?

We are here to help.  Our highly-trained volunteers are available to explain the current California law in detail and walk you and your family through the process from beginning to end.  

End of life choices California

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