In the Last Ten Years, at Least Nine U.S. States Have Strengthened Their Laws Against Assisted Suicide/Euthanasia

Margaret Dore published this list of legislative and judicial victories to counter the media narrative that the United States is legalizing assisted suicide.

Alabama Governor, Kay Ivy

In the last ten years, at least nine states have strengthened their laws against assisted suicide/euthanasia. They are (alphabetical): 

1. Alabama: In 2017, Alabama enacted the Assisted Suicide Ban Act; 
2. Arizona: In 2014, Arizona strengthened its law against assisted suicide. 
3. Georgia: In 2012, Georgia strengthened its law against assisted suicide. 
4. Idaho: On April 5, 2011, Idaho strengthened its law against assisted suicide. 
5. Louisiana: In 2012, Louisiana strengthened its assisted suicide/euthanasia ban. 
6. New Mexico: In 2016, the New Mexico Supreme Court overturned a lower court decision recognizing a right to physician aid in dying, meaning physician assisted suicide. Physician-assisted suicide is no longer legal in New Mexico. See Morris v. Brandenburg, 376 P.3d 836 (2016). 
7. Ohio: In 2017, Ohio strengthened its law against assisted suicide. See http://codes.ohio.gov/orc/3795 
8. South Dakota: In 2017, the South Dakota Legislature passed Concurrent Resolution 11, opposing physician-assisted suicide. See Bill History. 
9. Utah: In 2018, Utah amended its manslaughter statute to include assisted suicide. For more information, see https://le.utah.gov/~2018/bills/static/HB0086.html and click “status.”

The media promotes the legalization of assisted suicide but it ignores the success in preventing euthanasia and assisted suicide.

Not Dead Yet supports Montana assisted suicide bill.

The following letter was sent by Diane Coleman, the founder and President of the disability rights group, Not Dead Yet to the members of the Montana Senate Judiciary Committee who will be considering a bill to clarify and protect Montana citizens from assisted suicide.

Diane Coleman

Dear Senate Judiciary Committee Member:

Not Dead Yet is a national disability rights group with members in Montana. On behalf of our members, I write to say that we urge you to pass HB 505, which is a short and simple bill to prevent legalization of assisted suicide and end the dispute over whether it is legal in Montana.

In the last two years, three other states have strengthened their laws against assisted suicide (Idaho, Georgia and Louisiana). Not Dead Yet of Georgia was involved in the Georgia efforts. We met with a woman, Sue Celmer, whose ex-husband had been assisted to commit suicide by the Final Exit Network. He had previously battled cancer, but was cancer free when these suicide predators assisted him. Her story helped convey the urgency of legislation banning assisted suicide. We hope that Montana will join Georgia and the other two states to protect older people, our families and ourselves. Leading proponents of bills to legalize assisted suicide for the terminally ill often claim that the views of disability organizations aren’t relevant.  While it’s true that people with disabilities aren’t usually terminally ill, the terminally ill are almost always disabled. This is one of many reasons that our perspective may shed some light on this complex issue.

People with disabilities and chronic conditions live on the front lines of the health care system that serves (and too often under serves) dying people. One might view us as the proverbial “canaries in the coal mine” who are alerting others to dangers we see first.

Assisted suicide supporters paint themselves as “compassionate progressives” fighting for freedom against the “religious right.” It’s a simple message, and it goes down well, if you ignore inconvenient truths, such as:

• Predictions that someone will die in six months are often wrong;
• People who want to die usually have treatable depression and/or need better palliative care;
• Pressures to cut health care costs in the current fiscal climate make this the wrong time to add doctor prescribed suicide to the options;
• Abuse of elders and people with disabilities is a growing but often undetected problem, making coercion virtually impossible to identify or prevent. It’s not the proponents’ good intentions but the language and implementation of assisted suicide laws that legislators need to consider.

As one of countless disabled people who’s survived a terminal prediction, I can’t help but become concerned when the accuracy of a terminal prognosis determines whether someone gets suicide assistance rather than suicide prevention.

The Oregon Reports themselves show that non terminal people are getting lethal prescriptions – up to 1009 days have passed between the request for a lethal prescription and death. One of the many things the Reports hide is specifically how many lived longer than six months, but we do know that there’s no consequence to the assisting doctors for this or any other mistake in the assisted suicide process.

Proponents also claim that 15 years of data from Oregon show that safeguards to ensure that it's voluntary are working. How would they know? The Oregon Reports only tell us what the prescribing doctors indicated were the patients’ reasons for wanting assisted suicide by checking off one or more of seven reasons on a multiple choice state government form.

One of the reasons is feelings of being a burden on others, checked in 39% of the cases. But there’s no corresponding requirement that home care options be disclosed as part of informed consent under the law, much less that they be offered or funded.

Although the Oregon Reports admit that the state can’t assess compliance with the safeguards, some independent articles find that safeguards failed in individual cases (see, e.g., Hendin & Foley, MDs, “Physician-Assisted Suicide in Oregon: A Medical Perspective”, Michigan Law Review, June 2008, 
http://www.michiganlawreview.org/assets/pdfs/106/8/hendinfoley.pdf). But the law includes no authority for investigation or enforcement, so nothing happens as a result.

It has been estimated that there are 21,265 reported and unreported cases of elder abuse annually in Montana (Elder Abuse Data and Statistics, Elder Abuse Daily, February 15, 2010 http://web.archive.org/web/20101021101332/http://www.eadaily.com/15/elder-abuse-statistics/). Statistically, 90% of elder abusers are a family member or trusted other. Similarly, people with disabilities are up to four times more likely to be abused than their same-age nondisabled peers. In Oregon and Washington, legal assisted suicide has opened new paths of abuse against persons who may qualify to use these laws. One of the most obvious problems is a complete lack of oversight when the lethal drug is administered. If an abuser were to administer the drug without the person’s consent, who would know?

It is simply naive to suggest that assisted suicide can be added to the array of medical treatment options, without taking into account the harsh realities of elder abuse and the related potential for coercion.

We urge you to vote in favor of HB 505.

Sincerely,
Diane Coleman, JD, MBA
President/CEO Not Dead Yet
497 State Street Rochester, NY 14608
www.notdeadyet.org

Support HB 505, to protect Montanans from Assisted Suicide

Statement supporting HB 505


This statement was also printed on March 15 in the Bozman Daily Chronicle.

By Bradley Williams - Montanans Against Assisted Suicide.

House Bill 505 will end the confusion over assisted suicide in Montana.  The bill’s other purpose is to prevent the legalization of physician-assisted suicide.  

Assisted suicide means that someone provides the means and/or information for another person to commit suicide.  When a physician is involved, the practice is physician-assisted suicide.[1]

Assisted suicide is opposed by the American Medical Association and disability rights groups such as the Disability Rights Education and Defense Fund (DREDF) and Not Dead Yet.[2]  Assisted suicide is also opposed by the 4000 plus Montanans who have signed our petition against assisted suicide.  Their concerns include elder abuse and steerage of themselves or their family members to suicide.
   
Other States

In the last two years, three states have strengthened their laws against assisted suicide.[3]  These states are Idaho, Georgia and Louisiana.[4]  There are only two states where assisted suicide is legal: Oregon and Washington.  In these two states, the following problems have emerged. 

Throwing away your life

The Oregon and Washington laws allow a doctor to prescribe a  lethal drug to a patient predicted to have less than six months to live.  Predictions of life expectancy can, however, be wrong and treatment can lead to recovery.  Consider Oregon resident, Jeanette Hall, who was diagnosed with cancer and adamant that she would “do” Oregon’s law.  Her doctor convinced her to be treated instead.  Now, twelve years later, “she is thrilled to be alive.” [5] Legal assisted suicide encourages people with many quality years left to throw away their lives.[6]

Elder abuse

The Oregon and Washington laws have significant gaps so that people who use these laws are unprotected from abuse.  The most obvious gap is a complete lack of oversight when the lethal drug is administered.  This creates the opportunity for an heir, or for someone else who will benefit from the patient’s death, to administer the drug to the patient without his consent.   Even if he struggled, who would know?  These laws create the opportunity for the perfect crime.[7]

Steerage 

In Oregon, legalization of assisted suicide has empowered the Oregon Health Plan (Medicaid) to steer patients to suicide.  Specifically, the Plan denies coverage for treatment and offers to pay for suicide instead.  For more detail, see the affidavit of Dr. Ken Stevens, ¶¶ 8 to 12, at: http://maasdocuments.files.wordpress.com/2012/09/signed-stevens-aff-9-18-12.pdf 

House Bill 505

HB 505 clarifies Montana’s existing prohibition against “aiding or soliciting suicide” by expressly stating that physician-assisted suicide is an offense.[8]

HB 505 also gives doctors a clear safe harbor in which they are free to perform palliative care and/or to withhold or withdraw treatment under the Rights of the Terminally Ill Act.[9]  In other words, the law regarding palliative care and withholding or withdrawing treatment remains unchanged. 

Why Legislators Should Vote “Yes”
 
HB 505 is needed because the Montana Supreme Court decision, Baxter v. State, has created uncertainty in the law.  Baxter did not legalize assisted suicide, but the decision is confusing.  This has allowed suicide proponents to falsely and aggressively claim that assisted suicide is “already legal.”  Indeed, the proponents are actively recruiting doctors to perform assisted suicides.

Under HB 505, the law will instead be clarified that physician-assisted suicide is not legal in Montana.  There will be a clear tool for law enforcement, the medical profession and other interested parties to protect citizens from the negative consequences of assisted suicide legalization.

For more information about why HB 505 is the right step for Montana, see: www.montanansagainstassistedsuicide.org 

Please tell your legislators to vote “yes” on HB 505.
______

*Bradley Williams is President of Montanans Against Assisted Suicide (MAAS).  He can be reached at 406 531 0937 and bradley@montanansagainstassistedsuicide.org 

Footnotes
[1]  The American Medical Association (AMA) states "Physician-assisted suicide occurs when a physician facilitates a patient’s death by providing the necessary means and/or information to enable the patient to perform the life-ending act." (AMA Code of Medical Ethics, Opinion 2.211).
[2]  The AMA's opposition to physician-assisted suicide is set forth here: http://www.ama-assn.org/ama/pub/physician-resources/medical-ethics/code-medical-ethics/opinion2211.page  The opposition of the Disability Rights Education Defense Fund and Not Dead Yet is set forth here and here.
[3]  Margaret Dore, US Overview, at: http://www.choiceillusion.org/p/us-overview.html
[4]  Id.
[5]  See Affidavit of Kenneth Stevens, MD, Leblanc v. Canada, ¶¶ 3 to 6, at: http://maasdocuments.files.wordpress.com/2012/09/signed-stevens-aff-9-18-12.pdf 
[6]  Id, ¶ 7.
[7]  For more information, see: Margaret K. Dore, "'Death with Dignity': What Do We Advise Our Clients?," King County Bar Association, Bar Bulletin, May 2009; Margaret Dore, "'Death with Dignity': A Recipe for Elder Abuse and Homicide (Albeit not by Name)," Marquette Elder's Advisor, Vol. 11, No. 2, Spring 2010; and Margaret Dore, Oregon's New Statistics, at: http://www.choiceillusion.org/2013/01/oregons-new-statistics.html 
[8]  HB 505 can be viewed here:  http://data.opi.mt.gov/bills/2013/billpdf/HB0505.pdf 
[9]  Id. at lines 26 to 28 regarding Title 50, Chapters 9 & 10 (the Rights of the  Terminally Ill Act is Chapter 9, see: http://data.opi.mt.gov/bills/mca_toc/50_9.htm).

Assisted Suicide - US Overview.

By Margaret Dore,

Margaret Dore

There are two states where physician-assisted suicide is legal: Oregon and Washington. In these states, statutes give criminal and civil immunity to doctors and others, including family members, who participate in a patient's suicide under certain conditions. Oregon's act was enacted via a ballot initiative in 1997. Washington's act was enacted via a ballot initiative in 2008 and went into effect in 2009.

No such law has made it through the scrutiny of a legislature despite more than 100 attempts.

The Oregon and Washington assisted-suicide acts are similar. They apply to "terminal" patients, defined in terms of having less than six months to live. Such persons are not necessarily dying. Consider, for example, Jeanette Hall, now alive 12 years after her terminal diagnosis. More recent proposals to legalize assisted suicide have included people who are clearly not dying. Click  here, here and here.  

In Montana, Baxter v. State gives doctors who assist a patient's suicide a potential defense to prosecution for homicide. Baxter does not legalize assisted suicide by giving doctors or anyone else immunity from criminal and civil liability although proponents argue that this is the case. Click here and here. 

In Montana, the leading group against assisted suicide is Montanans Against Assisted Suicide & For Living with Dignity.

On July 17, 2012, the Minnesota Court of Appeals upheld its law criminalizing assisted suicide as constitutional. To view the court's opinion, click here.

In 2012, Georgia and Louisiana strengthened their laws against assisted suicide. To see Georgia's new statute, click here. To learn more about Louisiana's statute, click here and here.  

In July 2011, Idaho enacted a statute strengthening its law against assisted suicide. For more information, click here.

In 2011, bills to legalize physician-assisted suicide were defeated in Montana, Hawaii and New Hampshire. In Vermont, identical legalization bills were introduced in the House and Senate, but not put on for vote before the legislative session ended. In 2012, these same bills died in committee. For more information see Vermont Against Assisted Suicide.

In Hawaii, where a bill to legalize assisted suicide was defeated in 2011 as well as in prior years, proponents claimed that assisted suicide was legal due to a 1909 statute. On December 8, 2011, the Attorney General of Hawaii  rejected this claim via a formal legal opinion. See also Hawaii Against Assisted Suicide & For Living with Dignity.

In Connecticut, a lawsuit to legalize physician-assisted suicide was dismissed in 2010. There is now a similar lawsuit pending in New Mexico.

In Massachusetts, there is a pending ballot initiative to enact an Oregon/ Washington style act that applys to "terminal" patients defined as predicted to have less than six months to live. For more information, see Mass Against Assisted Suicide.

Utah has also been targeted by assisted-suicide/euthanasia proponents. See Utah Against Assisted Suicide: "Choice" is an Illusion.

Assisted-suicide ban strengthened in Louisiana

Alex Schadenberg
Executive Director, Euthanasia Prevention Coalition

Houmatoday.com in Louisiana reported in their legislature in brief report that House Bill 1086, a bill that strenghens the assisted suicide ban in Louisiana, that was sponsored by Rep. Alan Seabaugh (R - Shreveport) has passed in the legislature and is headed to Governor Bobby Jindal's desk for signing into law. The article states:

Assisted-suicide ban strengthened

A bid to strengthen Louisiana’s ban on euthanasia is headed to the governor’s desk after receiving final legislative passage.

The state prohibits euthanasia and assisted suicide. House Bill 1086 by Rep. Alan Seabaugh, R-Shreveport, will add the prohibition to the state’s medical-consent law.

Seabaugh’s proposal will spell out that someone authorized to approve medical procedures for another person may not approve any procedure that would be considered assisted suicide. That prohibition will extend to include medical treatment for nursing home residents unable to make their own decisions.

Gov. Bobby Jindal supports the bill.

Louisiana is one of many states that have strengthened protections in law from assisted suicide.