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Title 42 — The Public Health and Welfare

Chapter 138 — Assisted Suicide Funding Restriction

§ 14406. Clarification with respect to advance directives

Statutory text

Subject to section 14402(b) of this title (relating to construction and treatment of certain services), sections 1395cc(f) and 1396a(w) of this title shall not be construed—

(1)

to require any provider or organization, or any employee of such a provider or organization, to inform or counsel any individual regarding any right to obtain an item or service furnished for the purpose of causing, or the purpose of assisting in causing, the death of the individual, such as by assisted suicide, euthanasia, or mercy killing; or

(2)

to apply to or to affect any requirement with respect to a portion of an advance directive that directs the purposeful causing of, or the purposeful assisting in causing, the death of any individual, such as by assisted suicide, euthanasia, or mercy killing.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Assisted Suicide Funding Restriction Act of 1997

    Pub. L. 105–12 § 7 · 111 Stat. 23

    Enacted · 42 U.S.C. § 14406

    (Pub. L. 105–12, § 7, Apr. 30, 1997, 111 Stat. 26.)

    Source evidence

    Code source credit
    (Pub. L. 105–12, § 7, Apr. 30, 1997, 111 Stat. 26.)

    Enacted provision · exact public law section
    SEC. 7. CLARIFICATION WITH RESPECT TO ADVANCE DIRECTIVES. Subject to section 3(b) (relating to construction and treatment of certain services), sections 1866(f) and 1902(w) of the Social Security Act shall not be construed— (1) to require any provider or organization, or any employee of such a provider or organization, to inform or counsel any individual regarding any right to obtain an item or service furnished for the purpose of causing, or the purpose of assisting in causing, the death of the individual, such as by assisted suicide, euthanasia, or mercy killing; or (2) to apply to or to affect any requirement with respect to a portion of an advance directive that directs the purposeful causing of, or the purposeful assisting in causing, the death of any individual, such as by assisted suicide, euthanasia, or mercy killing.

1 of 1 references resolved to an enrolled provision

Credits

(Pub. L. 105–12, § 7, , 111 Stat. 26.)

Parsed from the official OLRC USLM XML in data/usc_all/usc42.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t42/s14406