Title 42, The Public Health and WelfareRelease 119-102

§14406 Clarification with Respect to Advance Directives

Title 42 › CHAPTER 138 — ASSISTED SUICIDE FUNDING RESTRICTION › § 14406

Last updated Aug 21, 2026|Official source

Summary

Subject to a related rule about how some services are handled, certain federal health requirements do not force a health provider, organization, or their employee to tell or advise anyone about getting items or services meant to cause death (for example, assisted suicide, euthanasia, or mercy killing). Those requirements also do not apply to, or change, any part of an advance directive that asks for or directs causing or helping to cause a person’s death.

Full Legal Text

Title 42, §14406

The Public Health and Welfare, Source: USLM XML via OLRC

Subject to section 14402(b) of this title (relating to construction and treatment of certain services), section 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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 14406

Title 42, The Public Health and Welfare

Last Updated

Aug 21, 2026

Release point: 119-102