Responsibilities of the attending physician

(a) Upon receiving a written request for a covered medication pursuant to § 7-661.02(a)(2), the attending physician shall: (1) Determine that the patient: (A) Has a terminal disease; (B) Is capable; (C) Has made the request voluntarily; and (D) Is a resident of the District of Columbia; (2) Inform the patient of: (A) His or her medical diagnosis; (B) His or her prognosis; (C) The potential risks associated with taking a covered medication; (D) The probable result of taking a covered medication; and (E) The feasible alternatives to taking a covered medication, including comfort care, hospice care, and pain control; (3) Refer the patient to a consulting physician; (4) Refer the patient to counseling if appropriate, pursuant to § 7-661.04; (5) Inform the patient of the availability of supportive counseling to address the range of possible psychological and emotional stress involved with the end stages of life; (6) Recommend that the patient notify next of kin, friends, and spiritual advisor, if applicable, of his or her decision to request a covered medication; (7) Counsel the patient about the importance of having another person present when the patient takes a covered medication and of not taking a covered medication in a public place; (8) Inform the patient that he or she has an opportunity to rescind a request for a covered medication at any time and in any manner; (9) Verify, immediately before writing the prescription for a covered medication, that the patient is making an informed decision; and (10) Fulfill the medical record documentation requirements of § 7-661.06. (b) If a consulting physician receives a referral for a patient from an attending physician pursuant to subsection (a)(3) of this section, the consulting physician shall: (1) Examine the patient and his or her relevant medical records to confirm, in writing, the attending physician's diagnosis that the patient is suffering from a terminal disease; (2) Verify, in writing, to the attending physician that the patient: (A) Is capable; (B) Is acting voluntarily; and (C) Has made an informed decision; and (3) Refer the patient to counseling if appropriate, pursuant to § 7-661.04.