Shavelson, M.D. v. California Department of Health Care Services

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

LONNY SHAVELSON, M.D., et al., Case No. 21-cv-06654-VC

Plaintiffs,

ORDER DENYING MOTION FOR

v. PRELIMINARY INJUNCTION

CALIFORNIA DEPARTMENT OF Re: Dkt. No. 15 HEALTH CARE SERVICES, et al., Defendants.

California’s End of Life Option Act gives some terminally ill people the ability to end their lives with aid-in-dying medication. Specifically, if you are likely to die within six months, you can receive a prescription for aid-in-dying medication so long as you are both mentally competent and physically able to administer the medication yourself. And if someone assists you in preparing to end your life, the Act immunizes them from criminal, civil, and professional liability. But if someone actually administers the aid-in-dying medication to you, they do not enjoy this immunity. The upshot is that if you are not physically able to administer the medication yourself at the time you wish to end your life, the Act is of no assistance to you. See Cal. Health & Safety Code §§ 443.2(a)(5); 443.14(a), (c); 443.16(c); 443.17(f); Cal. Penal Code § 401. This preliminary injunction motion is…