Euthanasia Prevention Coalition
Early in December 2016, the American Psychiatric Association (APA) Board of Trustees passed an historic Position Statement that originated in the Assembly and was unanimously supported by the APA Ethics Committee:
The APA, in concert with the American Medical Association’s position on Medical Euthanasia, holds that a psychiatrist should not prescribe or administer any intervention to a non-terminally ill person for the purpose of causing death.
Some might be concerned that the position only prohibits euthanasia and assisted suicide for people who are not terminally ill. In fact, the APA statement has caused a stir in countries where euthanasia and/or assisted suicide have become legal. Dr Komrad states:
People with non-terminal illnesses have been legally euthanized at their own request in several countries for nearly 15 years. This has included certain eligible patients who have only psychiatric disorders.
In 2002, Belgium, the Netherlands, and Luxembourg removed any distinctions between “terminal” and “non-terminal” conditions, and between physical suffering and mental suffering, for legally permitted PAS/E. That was when patients with psychiatric disorders became eligible for this “right” in these countries. Independent consultants have to declare their condition “untreatable,” and the patient needs to declare it to be “insufferable.”
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| Dr Mark Konrad |
In the Netherlands, for example, for psychiatric-only cases, at least 1 consultant is required, but 3 are suggested. At least one should be a psychiatrist but does not have to be.
However, the patient can weigh in regarding the “untreatable” criterion as well. It is not based solely on what physicians have to offer, but on what the patient wishes to accept. For example, though potentially effective treatments may be offered, such as ECT, MAOIs, residential treatment, transcranial magnetic stimulation, and vagus nerve stimulation, “competent” patients may refuse these offers. That choice could make their case “untreatable.” So patients can rule on both the “untreatable” and “insufferable” axes; physicians can only opine on the former.
In the Netherlands, lethal injections are the most commonly used method to fulfill an approved patient’s death wish. This is often administered by the patient’s treating psychiatrist at home, in the office, or in specialized Levenseinde Klinieks (End of Life Clinics). Between 2008 and 2014, more than 200 psychiatric patients were euthanized by their own request in the Netherlands (1% of all euthanasia in that country): 52% had a diagnosis of personality disorder, 56% refused one or more offered treatments, and 20% had never even had an inpatient stay (one indication of previous treatment intensity). When asked the primary reason for seeking PAS/E, 66% cited “social isolation and loneliness.” Despite the legal requirement for agreement between outside consultants, for 24% of psychiatric patients euthanized, at least one outside consultant disagreed.
Some remarkable stories have been profiled in the Dutch media. For example, a woman was granted euthanasia for chronic PTSD due to childhood sexual abuse. The arguments based on personal autonomy to justify such access to PAS/E are being pushed even further in the Netherlands. Ministers of Health and Justice have proposed to their Parliament that criteria not be limited to medical conditions, but be extended to average citizens who feel they have lived “completed lives.”
Dr Komrad then comments on euthanasia for psychiatric conditions in Belgium:
From 2014 to 2015, 124 patients in Belgium were euthanized at their own request for psychiatric disorders. These patients had a wide range of psychiatric disorders: 4% had schizophrenia; 6%, bipolar; 4%, autism; 23%, dementia; 31%, depression; and 32%, personality disorders (half of which were borderline disorder). In one Belgian series that covered 2007 to 2011, diagnoses also included substance abuse, autistic spectrum disorder, OCD, ADHD, dissociative disorder, and “complicated grief.”
Prominent cases profiled in the Belgian media include a pair of deaf twins euthanized on request because they were going blind, a man with gender identity disorder who was unhappy with surgical results, and another man who sought euthanasia for ego-dystonic homosexuality.
Dr Komrad then comments on the new Canadian law that permits euthanasia for psychiatric conditions.
In the spring of 2016, at the instructions of their Supreme Court, the Canadian Parliament followed the course of these European countries. Physician-assisted suicide was legalized nationally, and terminal/non-terminal and physical/mental suffering distinctions were effaced. As in Europe, Canadian patients can refuse treatments that might forestall death —and still be eligible. However, thanks to the influence of the Prime Minister, Parliament stopped short of enacting its original intention to allow this for people with only psychiatric disorders.
Not surprisingly, several cases of psychiatric patients are working their way through the Canadian courts, demanding that there be no such discrimination for psychiatric patients. One case that received particular attention was a woman with chronic conversion disorder, who successfully fought in the courts to overrule the proscription on PAS/E for psychiatric disorders in her case. Several psychiatrists supported her pursuit of this action. So that legal precedent is now in place in Canada.
Dr Komrad then explains how the new California assisted suicide regulations open the door to assisted suicide for psychiatric conditions.
Even with current laws, there are emerging regulations that directly affect psychiatric patients in those states that allow assisted suicide. The California Department of Mental Health has adopted a regulation that requires state psychiatric hospitals to provide assisted suicide services to committed patients, if terminally ill. Under this regulation, a court hearing must be held to determine whether the patient is qualified for release to obtain physician-assisted death, even over clinically based objections of the treating psychiatrist. If a patient is deemed eligible, and no outside physicians can be located, the facility must provide fatal care itself, within the hospital. Unlike refusing treatment for mental disorders, committed inpatients’ competent refusal of treatment for medical disorders (eg, diabetes) cannot be overridden, even if refusal may result in death —thus rendering their condition “terminal.”
Dr Komrad then explains how the APA position may lead effect euthanasia and assisted suicide statutes world-wide.
The APA position implies that, even where legal for the non-terminally ill, it is neither the duty of a psychiatrist to fulfill that right, nor is it ethically appropriate to do so. Some (in the Belgian press) have argued that an American association does not have a place in the discussion of medical and psychiatric practices, which make most sense when seen in the context of different cultures. However, there is an understanding in the domain of medical ethics that there are some principles that transcend cultures.
The Ethics Committee of the World Psychiatric Association (WPA) has crafted a position similar to that of the APA, which will be submitted for a membership vote at the 2017 World Congress in Berlin. If endorsed, the WPA would be acknowledging that, on this particular issue, the ethical proscription against helping psychiatric patients to commit suicide may be so antithetical to the fundamental ethos of psychiatry that it should indeed be applied worldwide.
There was a significant reaction in the Belgian and Netherlands media after the publication of the APA position. Further to that, in Canada there is significant debate as to whether euthanasia should be permitted for psychiatric reasons alone.
Finally, the APA position protects psychiatrists who do not agree with killing their depressed or mentally ill patients. Thank you to the APA for creating a path that may lead to the end of killing people with psychiatric conditions.
Links to articles concerning this topic:
- Netherlands: euthanasia for alcoholism.
- Belgium: Euthanizing the mentally ill.
- Mentally ill OK'd for assisted suicide in California hospitals.
- Killing the mentally ill in the Netherlands.
- 74% of Belgian assisted deaths for mental suffering are women.
- Study uncovers concern with the practise of euthanasia and assisted suicide.
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