Montana Bill prohibiting assisted suicide passes in the House

Alex Schadenberg
Executive Director - Euthanasia Prevention Coalition.

Great news: Montana House Bill 284 (HB 284) passed in the Judiciary House ensuring that it will be debated and voted in the Montana Senate. The debate on the bill may happen later this week.

It is interesting that the media have been silent on the success of HB 284.

Montanans have faced a confusing situation concerning assisted suicide. In 2009, the Baxter court decision declared that Montana citizens had a right to assisted suicide. The Baxter decision was appealed to the Montana Supreme Court where it was decided that Montana citizens do not have a right to assisted suicide but even but the Court granted a tightly worded defense of consent, if a physician was prosecuted for assisted suicide.

* Physician-Assisted Suicide is not legal in Montana.

Since the Montana Supreme Court decision, the assisted suicide lobby has claimed that assisted suicide is legal in Montana, while in fact assisted suicide is technically prohibited.

HB 284 reverses the Montana Supreme Court Baxter decision by clarifying that consent is not a defense for homicide or assisted suicide.

The assisted suicide lobby sent out an emergency appeal today calling HB 284 the physician imprisonment act. The assisted suicide lobby is confirming that assisted suicide is not legal in Montana.

Assisted suicide abandons people at their time of greatest human need.

Montana assisted suicide vote defeated in error.

Alex Schadenberg
Executive Director - Euthanasia Prevention Coalition

For the past few years Montana has faced a confusing situation with respect to assisted suicide. In 2009, the Baxter court decision declared that Montana citizens had a right to assisted suicide. The Baxter decision was appealed to the Montana Supreme Court that decided that Montana citizens do not have a right to assisted suicide but even though the Court did not overturn the statute protecting Montana citizens from assisted suicide the Court did grant a tightly worded defense of consent, if a physician was prosecuted for assisted suicide.

• Physician-Assisted Suicide is not legal in Montana.

Since the Montana Supreme Court decision, the assisted suicide lobby has claimed that assisting a suicide is legal in Montana, but in fact assisted suicide is technically prohibited.

This year Rep Brad Tschida introduced House Bill 365 that stated consent is not a defense in assisting a suicide. HB 365 would have clarified that assisting a suicide is prohibited in Montana.

Last Wednesday, HB 365 failed on the final vote in a 50 to 50 tie vote, and yet HB 365 had the votes to pass. According to the Missoulian Rep Peggy Webb accidentally voted against HB 365 on the final vote.

“It was a mistake,” said Rep. Peggy Webb, R-Billings, who changed from a vote for the bill Tuesday to a vote against Wednesday. “I hit yes and then thought, ‘No, I don’t want assisted suicide,’ and changed the vote. It was too late to change it back.” Her vote went from yes to no. 

Votes can’t be changed if they would alter the outcome of the vote, which was the case with Webb's vote. House Bill 365 was carried by Rep. Brad Tschida, R-Missoula.

Considering the fact that the media is constantly brainwashing the public with the message that Americans want assisted suicide, it is a sad reality that HB 365 died on a failed vote.

Thank you to the Montanans Against Assisted Suicide for all of their work.

Assisted suicide is not legal in Montana, not the answer.

Link to the hand-out of this article that can be used in your community.

The following article was published by the Missoulian Newspaper on August 21, 2014.

Guest column by BRADLEY WILLIAMS

I take exception to the opinion by two members of the former Hemlock Society, now known as “Compassion & Choices.” The opinion of July 25 implies that assisted suicide is legal in Montana, which is not true.

I am the president of Montanans Against Assisted Suicide. We are in litigation against the Montana Medical Examiners Board. As part of that litigation, we got the board to remove a position paper from its website implying that assisted suicide is legal. Assisted suicide is not legal.

The “treatment” of suicide

As part of our litigation with the board, we also obtained an affidavit from Dr. Ken Stevens, of Oregon, which is one of the few states in which assisted suicide is legal. His affidavit describes how, in Oregon, that state’s Medicaid program uses legal assisted suicide to steer patients to suicide. This is through coverage incentives. The program will not necessarily cover a treatment to cure a disease or to extend a patient’s life. The program will cover the patient’s suicide. In other words, with legal assisted suicide, desired treatments are displaced with the “treatment” of suicide.

Backing the establishment

The former Hemlock Society, Compassion & Choices, touts itself as the great promoter of individual choice. But if you take a closer look, its actual mission is to back the medical-government establishment.

Barbara Wagner

Consider the well-publicized case of Oregon cancer patient Barbara Wagner. In 2008, Oregon’s Medicaid program declined to cover “Tarceva,” a cancer drug recommended by her doctor, and offered to cover her suicide instead, terming it “aid in dying.” Wagner was devastated.

“It was horrible,” Wagner told ABCNews.com. "I got a letter in the mail that basically said if you want to take the pills, we will help you get that from the doctor and we will stand there and watch you die. But we won't give you the medication to live."

The drug’s manufacturer subsequently gave Tarceva to Wagner without charge. She, nonetheless, died a short time later.

I recently asked Stevens about Tarceva. He told me that some of his patients had taken it and that for some of them it was beneficial. This was in terms of survival and better quality of life. He also told me that it can be difficult to know how a particular cancer patient will do on a particular cancer drug. He said that there are always some patients who live longer than expected, sometimes 10 or even 20 years longer, depending on the type of cancer. He said, “This is because there are always some people who beat the odds.” Barbara Wagner had wanted to be one of those people.

After Wagner’s death, Compassion & Choices stepped forward to show its true colors. Specifically, its president, Barbara Coombs Lee, published an opinion in Oregon’s largest paper taking issue with Wagner’s choice to try and live. Coombs Lee argued that Wagner should have instead given up hope and accepted her pending death. But, this was not Wagner’s choice.

In a KATU TV interview Wagner had said: 

“I’m not ready, I’m not ready to die ... I’ve got things I’d still like to do.”

A public policy to discourage cures

Coombs Lee’s opinion piece also argued for a public policy change to discourage people from seeking cures. This would presumably be through coverage incentives. For example, she said: “The burning public policy question is whether we inadvertently encourage patients to act against their own self-interest, chase an unattainable dream of cure, and foreclose the path of acceptance that curative care has been exhausted.”

Coombs Lee is a former “managed care executive.”

Your choice is not assured by their legislation. Don’t be fooled by their double-speak.

Montana Judge dismisses appeal but addresses the Baxter assisted suicide decision

Link to the media release on the Choice is an Illusion website.

Montana - On December 13, 2013, District Court Judge Mike Menehan dismissed MAAS's appeal with the Montana Medical Examiners Board. The order ruled that the appeal was moot due to the Board's having recently rescinded "Position Statement No. 20." (Order, pp. 5-8). The order also refers to Montana's assisted suicide case, Baxter v. State, as providing a defense to a homicide charge, as follows:

On December 31, 2009, the Montana Supreme Court issued its opinion in Baxter v. State, 2009 MT 449, 354 Mont. 234, 224 P.3d 1211, in which it held that under section 45-2-211 MCA, a terminally ill patient's consent to physician aid in dying constitutes a statutory defense to a physician charged with the criminal offense of homicide. (Order, page 2, lines 17-21).

This part of the order is consistent with Greg Jackson's and Matt Bowman's article, Baxter Case Analysis, Spring 2010 ("the Court's narrow decision didn't even "legalize" assisted suicide"). Available at: Baxter case analysis.

Since Baxter, there have been two bills proposed in the Montana Legislature to legalize assisted suicide. Both bills, SB 167 and SB 220, have failed. Assisted suicide is not legal in Montana.

MAAS is disappointed with the dismissal, but pleased with that the order addresses Baxter, over which there is ongoing controversy as to its meaning. MAAS will likely appeal.

For information about problems with assisted suicide and how it puts people at risk, see: Quick facts about assisted suicide.

Assisted suicide is being debated throughout the US

By Alex Schadenberg
Executive Director/International Chair, 
Euthanasia Prevention Coalition

In the last few weeks the issue of assisted suicide has been debated in at least four US states.

A New Mexico court heard the case Morris v. New Mexico (December 12 - 13), a case that seeks to legalize assisted suicide in New Mexico based on a word game.

Similar to the 2010 Connecticut court case, that was dismissed by the Connecticut court, the New Mexico case claims that "aid in dying," which is also known as assisted suicide, is not prohibited by the New Mexico assisted suicide law because "aid in dying" is not assisted suicide. 

The case argues, that if "aid in dying" is assisted suicide, then the New Mexico assisted suicide law is unconstitutional because it undermines the right to privacy and autonomy.

"Aid in dying" is assisted suicide and assisted suicide does not constitute medical treatment. Therefore prohibiting assisted suicide does not undermine the right to privacy or autonomy.

Similar to the Connecticut case, Morris v. New Mexico should be dismissed.

Meanwhile a Montana court was asked in an appeal on December 11, by the Montanans Against Assisted Suicide (MAAS) to strike down a policy position of the Montana Board of Medical Examiners that implies that assisted suicide is legal in Montana.

The MAAS argue that the Montana Supreme Court did not legalize assisted suicide in its 2009 Baxter decision. The group also argues that the board implemented its new rule without sufficient public notice.

On December 13, District Court Judge Mike Menehan dismissed the appeal but he did address the Baxter assisted suicide decision.

In Massachusetts, hearings for a new assisted suicide bill (HB 1998) will be held on December 17.  HB 1998 is sponsored by state representative Louis Kafka (D). 

The issue of assisted suicide was on the Massachusetts ballot in November 2012 election. The Massachusetts voters rejected assisted suicide by a 51% to 49% margin.

HB 1998 should be defeated in committee. The people of Massachusetts voted and rejected assisted suicide.

In New Jersey assisted suicide Bills (A3328/S2259) are being debated.

Last week, New Jersey Governor, Chris Christie stated that he opposes the New Jersey assisted suicide bill that is being promoted by Assemblyman Burzichelli.

Christie's opposition to state sanctioned suicide will hopefully cause a natural death for Burzichelli's assisted suicide bill.

Americans need to be more aware of the threat that assisted suicide poses nation-wide. Even though polls indicate that more Americans oppose assisted suicide than support it, very few Americans are aware of the push being mounted by the assisted suicide lobby.

Let's hope that the assisted suicide bills in New Jersey and Massachusetts are defeated and the court in New Mexico makes a good decision.

Montana bill to legalize assisted suicide was a bait and switch.

Bradley Williams, the President of the Montanan's Against Assisted Suicide, wrote the following article that was published on November 10 in the Missoulian newspaper. Williams was responding to a letter that by Bonnie Kelley, published in the Missoulian on November 5.

Williams states in his letter that the bill to legalize assisted suicide in Montana in the previous legislative session was a "bait and switch" promotion.

Williams explains this by stating:

* A disabilities rights representative called Senate Bill 220 a “blunt instrument“ that offered even fewer safeguards than their Oregon model law.
* Choice was not assured since a designing heir or “new best friend” was allowed to help with the application for a lethal dose. The heir could also pick up the prescription, bring it into the home and administer it without oversight. If the patient struggled, who would know?
* “Self-administer” was redefined in the bill as “to ingest,“ so anything goes.
* Family notification was not required.
* There were no waiting periods.
* Two doctors were not really required since the first doctor could waive the second.

Lawsuit would keep assisted suicide illegal in Montana.

The following letter was written by Bradley Williams, the president of Montanans Against Assisted Suicide and published in the Missoulian on September 6, 2013

I am the president of Montanans Against Assisted Suicide. Robert Minto’s (Aug. 29) letter regarding our lawsuit against the Board of Medical Examiners was ill-informed. First, assisted suicide is not legal in Montana. Second, the goal of our lawsuit is to keep it that way.

Our reasons for opposing legalization include: it will encourage people with years to live to throw away their lives; it will create new paths of elder abuse; and it will empower government health plans and other insurers to offer suicide as a “treatment” in lieu of desired traditional treatments (to cure, to improve the quality of life and/or to extend life). See: http://bit.ly/14ZUJfz.

Minto’s letter implies that assisted suicide is legal under the Baxter decision. That decision, however, merely gives a potential defense to a homicide charge.

Bills to legalize assisted suicide have been defeated in the past two legislative sessions. In 2013, a bill that would have legalized assisted suicide, Senate Bill 220, did not even get out of committee. In 2011, a similar bill, SB167, also died in committee.

During a hearing on SB167, the sponsor Sen. Anders Blewett made statements on the record conceding that assisted suicide was not legal then, and with the failure of the above bills, it’s not legal now. For example, he said: “under the current law ... there’s nothing to protect the doctor from prosecution.” Dr. Stephen Speckart, a plaintiff in Baxter, made a similar statement, as follows: “most physicians feel significant dis-ease with the limited safeguards and possible risk of criminal prosecution after the Baxter decision.”

To view transcript excerpts, please go to http://bit.ly/15EOppu.

With our lawsuit to prevent legalization, we are incurring attorneys fees and other expenses. 

To donate, please go here: www.montanansagainstassistedsuicide.org/p/donate.html.

Bradley D. Williams, president, Montanans Against Assisted Suicide, Hamilton

Good coverage news coverage for Montana assisted suicide court case.

The following letter was printed yesterday in the Independent Record newspaper in Montana. The letter was written by Bradley Williams.

Bradley Williams

I am the President of Montanans Against Assisted Suicide. Thank you for your Associated Press article about our lawsuit against the Board of Medical Examiners. We are awaiting the results of the court hearing. Meanwhile, I would like to alert your readers to our upcoming event “Assisted-Suicide: Whose Choice?” The title refers to the reality of legalization in which the choice of whether someone dies can be determined by someone other than the patient. Consider this observation by Alex Schadenberg, Executive Director of the Euthanasia Prevention Coalition, who will be our keynote speaker. He states:

“A 2009 report by MetLife Mature Market Institute describes elder financial abuse as a crime ‘growing in intensity.’ The perpetrators are often family members, some of whom feel themselves ‘entitled’ to the elder’s assets. The report states that they start out with small crimes, such as stealing jewelry and blank checks, before moving on to larger items or coercing elders to sign over the deeds to their homes, change their wills, or liquidate their assets. The report also states that victims ‘may even be murdered’ by perpetrators.”

Our event will be on Saturday, June 29 at the Great Falls Hilton Garden Inn. For more information, go to www.montanansagainstassistedsuicide.org or call 531-0937.

The Montanans Against Assisted Suicide organize conference on June 29, 2013 in Great Falls Montana.

The Montanans Against Assisted Suicide have organized an interesting and provocative afternoon conference on Saturday June 29, 2013; (1 pm - 4 pm) Registration begins at noon  at the Hilton Garden Inn - 2520 14th St SW, Great Falls Montana. 


Alex Schadenberg, Executive Director of the Euthanasia Prevention Coalition and Chair of the Euthanasia Prevention Coalition - International will be the keynote speaker at the conference. The Euthanasia Prevention Coalition is a barrier to the legalization of assisted suicide and euthanasia world-wide. Alex Schadenberg is a recognized international expert on assisted suicide and euthanasia. He is a warm, friendly and engaging speaker.

Other speakers include:
Margaret Dore: President - Choice is an Illusion, Washington State Attorney; 
Phil Tummarello: Ret. Police Sergeant Inspector, Stevensville Montana; 
Bradley Williams: President - Montanans Against Assisted Suicide; 

Margaret Dore

Carol Mungas, Great Falls Montana.

Topics:
Margaret Dore: "A Legal Perspective - Is the Baxter decision wrong?"
Phil Tummarello: "A Law Enforcement Perspectives"
Alex Schadenberg: "Assisted Suicide - A Threat to Public Safety"
Carol Mungas and other Voices.

For more information contact Bradley Williams at: 406-531-0937 or bradley@montanansagainstassistedsuicide.org 

Link to the conference poster.

Montana: Fight over assisted suicide moves back to court.

The legislative session this year in Montana witnessed the defeat of a bill to legalize assisted suicide and the defeat of a bill to protect Montana citizens from assisted suicide. The issue of assisted suicide in Montana is a little confusing, but now a court case may finally clarify the status of assisted suicide in Montana. 

The issue of assisted suicide took a turn toward confusion in 2009 when a judge decided that there is a right to assisted suicide in Montana. That decision was overturned by the Montana Supreme Court but the Supreme Court stated that if prosecuted a physician could use a defence of consent.

Today the Associated Press published the following article concerning the legal challenge that has been filed by the Montanans Against Assisted Suicide. This what the Associated Press reported:

Fight over assisted suicide moves back to court

Associated Press - May 8, 2013

HELENA — The fight over physician-assisted suicide in Montana is moving back to the courtroom after the Legislature failed this session to clarify that the practice is specifically legal or illegal.

Montanans Against Assisted Suicide is trying to strike the state Board of Medical Examiners' policy that guides doctors in the matter.

A Helena judge has scheduled oral arguments for next month in the case. The lawsuit was filed in December.

Since then, the Montana Legislature failed in efforts to either clarify that the practice is specifically legal or illegal. It was the second straight session where lawmakers couldn't agree on which direction to take the state.

Supporters of the procedure argue that Montanans should be allowed to decide themselves how to die when facing terminal illness. Opponents argue physician-assisted suicide is a recipe for elder abuse and the government has a responsibility to protect the vulnerable older population.

The procedure has been surrounded by various interpretations since the Supreme Court ruled in 2009 that nothing in state law prohibits physician-assisted suicide - but it did not rule on whether the practice is a constitutionally protected right. The decision said nothing in state law, or precedent, makes the procedure illegal.

A Board of Medical Examiners rule adopted last year says it would consider, on an individual basis, any complaints filed against a doctor for providing "aid-in-dying." Without formal laws guiding the procedure, there are no other state reporting or other requirements and it is unknown how common the practice is.

Montanans Against Assisted Suicide argues in its court case that it believes the Supreme Court never legalized the procedure with its 2009 decision, which it argues is much narrower than others are interpreting it. The group also argues that the board implemented its new rule without sufficient public notice.

The group argues that the board's position on the matter attempts to convince more doctors they will be protected if they assist a patient with suicide, which can be done with a prescription of drugs.

The lawsuit calls the rule "a significant toe in the door to the attempted backdoor legalization of assisted suicide."

The Montana Board of Medical Examiners has said that it wrote its position paper based on a request from a member. The board said its position does not pass judgment on the procedure one way or another.

The board said at the time it put the rule into place that the position paper was neither an administrative rule or a law, but merely informative guidance to its regulated members.

Montana Bill HB 505 - Fact Sheet (Preventing “Purposely” Assisting Suicide)

The following was published by the Montanans Against Assisted Suicide on April 10.

By Margaret Dore, Esq,
For a print version, click here

1. What is HB 505?HB 505 is a short two page bill that will end the confusion over whether physician-assisted suicide is legal in Montana. The bill does this by clearly stating that physician-assisted suicide is not legal.

2. What is Assisted Suicide? Assisted suicide means that someone provides the means and/or information for another person to commit suicide. When a physician provides the means and/or the information, the term is physician-assisted suicide.  Other involved persons can include family members who assist the suicide, for example, by taking the patient to the doctor. Such persons do not always have the best interest of the patient at heart.

3. Who Supports HB 505?HB 505 is supported by 112 Montana physicians who joined together to run supporting ads throughout the state. HB 505 is also supported by Montanans Against Assisted Suicide, which has submitted 4000 plus signatures against assisted suicide into the Senate Judiciary Committee. See.

4. Why is Legalizing Assisted Suicide a Bad Idea?In the two states where physician-assisted suicide is legal (Oregon and Washington), problems have emerged including elder abuse and steerage to suicide by the state health plan. See.

5.  What does HB 505 do?(a) HB 505 clarifies Montana’s existing prohibition against “aiding or soliciting suicide” in 45-5-105, to clearly state that physician-assisted suicide is not legal in Montana. The bill states: "A person who purposely aids or solicits another person to commit suicide,including physician-assisted suicide, commits the offense of aiding or soliciting suicide."  (HB 505, Section 1, lines 13-15). To view a copy of the bill, go here:

(b) HB 505 gives doctors a clear safe harbor by expressly providing that the term, “physician-assisted suicide,” does not include palliative care to a dying person or any act to withhold or withdraw treatment authorized under the Rights of the Terminally Ill Act. (Title 50, Chapters 9). (HB 505, Section 4) In other words, the law regarding palliative care and the withholding or withdrawing of treatment remains unchanged.

(c) HB 505 only applies when a defendant “purposely” aids or solicits another person to commit suicide. (HB 505, Section 1, line 13; and Section 4(b), lines 23 and 24). A doctor will not somehow get into trouble for merely discussing “end of life” options.

(d) HB 505 gives prosecutors an optional charging mechanism with lower penalties than current law in which assisted suicide is charged as a homicide. The 10 year maximum penalty in HB 505 is commensurate with the 10 year maximum penalty in the new elder abuse bill, SB 134.

(e) HB 505 expressly provides that consent of the victim is not a defense. (HB 505, Section 2, lines 16 to 17). This is consistent with the 1973 Law Commission Comments that accompany 45-5-105, which state:  

"If the conduct of the offender made him the agent of the death, the offense is criminal homicide, notwithstanding the consent or even the solicitations of the victim." (Emphasis added).

6. Why is HB 505 needed now?

The 2009 Baxter decision has created confusion regarding existing statutes against physician-assisted suicide. A doctor has also admitted to assisting three suicides, claiming that his actions were legal under Baxter. If he is not prosecuted, or if the prosecution fails due to confusion over Baxter, assisted suicides will be encouraged. If, instead, HB 505 is enacted, there will be a clear statement going forward that assisted suicide is not legal in Montana. The negative consequences of legalization will be avoided. This is why HB 505 is needed now.

Montana HB 505, a bill to protect people from assisted suicide continues.

An article written by Brian Wipf and published on April 4 in the Great Falls Tribune examines the politics surrounding Montana bill HB 505, a bill that would clarify and protect people from assisted suicide in Montana.

The article begins explaining the HB 505, which passed in the Montana House, tied in the Senate Judiciary committee by a 6 to 6 vote. The article stated:

The committee voted 6-6 on the bill, which leaves it in limbo in committee for now, a bill ... introduced by Krayton Kerns, R-Laurel.

The article set the stage by interviewing supporters and opposition to HB 505.

Supporters of HB 505 said the decision merely gives physicians a potential defense if they are charged with a felony for aiding in a patient’s dying. Opponents insist the Baxter Decision legalized aid-in-dying, so HB 505 would effectively negate the court’s decision. 

Proponents of what they call physician aid-in-dying say it is a person’s autonomous decision to end his or her life and that doctors providing aid-in-dying to patients can put an end to unnecessary suffering of patients in the throes of a terminal illness. 

Opponents, who prefer the term physician-assisted suicide, say coercion and elder abuse will become even more rampant if providers were allowed to aid in their patients’ deaths. 

Dr. Paul Gorsuch, a Great Falls neurological surgeon, helped spearhead a doctors’ campaign against physician-assisted suicide that included 112 physicians throughout Montana. The group of physicians took out an ad before the March 25 hearing in Montana newspapers, including the Tribune, declaring their support for HB 505. 

Gorsuch said the solidarity of the physicians, whose names were gathered in just five to seven days, was “extraordinary. ... I’ve been in the state since 1989, and I’ve never seen doctors agree (in this way) on a non-pocketbook issue.” 

Even within the medical community, the issue is contentious, however. Physicians testified both in favor of and against HB 505. 

Kerns said the bill could still be “blasted” through the Senate if enough votes can be assured. But he said he doubts that will happen. 

“There was a tremendous amount of public input leading up to the decision,” Kerns said.

Compassion & Choices Montana covered up their disappointment that SB 220, a bill that would have legalized assisted suicide, was defeated in the Montana Senate Judiciary Committee. The article stated:

Emily Bentley, campaign manager for Compassion and Choices Montana, an end-of-life advocacy group, said opponents of HB 505 suspected the bill would be tabled based on the fate of similar bills in the 2011 legislative session. 

Bentley said proponents of physician aid-in-dying do not believe the Baxter Decision needs to be codified in the Legislature. 

“We think (the Baxter Decision) is clear,” she said. 

And while Compassion and Choices supported SB 220, introduced by Sen. Dick Barrett, D-Missoula, Bentley said the group does not consider legislation necessary. 

Bentley pointed out that a Missoula doctor, Dr. Eric Kress, admitted at the hearing before the Senate Judiciary Committee to providing physician aid-in-dying to his patients. That changes the playing field, she said.

Bradley Williams from the Montanans Against Assisted Suicide told the Great Falls Tribune that they intend to blast HB 505 to the Senate floor. The article stated:

Bradley Williams, president of Montanans Against Assisted Suicide, said he hopes to gain enough support to blast the bill through the Senate. 

“I don’t know we’ll have the support, but I can tell you this, I’m getting Democratic support, and it’s not done yet,” Williams said. 

If HB 505 fails to get enough votes to blast it through the Senate, Kerns said he believes the issue will linger to the next session. 

“What you’re going to see is the pro-euthanasia crowd … continue to advance the theory that it’s legal and they’re not correct,” said Kerns. “But yes, it will be addressed again. It will show up in the next legislative session.”

The Euthanasia Prevention Coalition predicts that HB 505 will gain the necessary votes in the blast to go to a vote in the Montana Senate. Congratulations to the Montanans Against Assisted Suicide and their allies in getting HB 505 to the stage of victory, to protect Montana Citizens from Assisted Suicide.

Montana assisted suicide Action Update (House Bill 505)

For the past several years Montana has faced a confusing legal situation with respect to assisted suicide. In 2009, the Baxter court decision declared that Montana citizens had a right to assisted suicide. This decision was appealed to the Supreme Court in Montana that decided that Montana citizens do not have a right to assisted suicide, they did not overturn statute that protected Montana citizens from assisted suicide, but they did grant a tightly worded defense of consent, if a physician was prosecuted for assisted suicide.

This mean't that assisted suicide remained illegal in Montana, but if prosecuted, a physician could use the defense of consent. Link: Assisted Suicide is not legal in Montana.

During the 2013 Montana legislative session, Compassion & Choices, a lobby group that promotes assisted suicide, supported Bill SB 220, that would have legalized assisted suicide in Montana. Bill SB 220 was defeated in the Senate Judiciary committee in mid-February. Link: Assisted Suicide bill SB 220 defeated in Montana Judiciary Committee.

At the same time, the Montanans Against Assisted Suicide were promoting Bill HB 505, a bill that clarified the law and protected Montana citizens from assisted suicide. HB 505 was sponsored by Rep. Krayton Kerns. Link: House Bill 505.

In late February HB 505 passed in the Montana House by a vote of 51 to 46 and was sent to the Montana Senate for approval. Link: HB 505 passes.

Since that time, a group of 112 physicians has organized to support HB 505 and oppose assisted suicide in Montana. Link: 112 Physicians support HB 505. 

Diane Coleman

Diane Coleman, the leader of the disability rights group, Not Dead Yet supports HB 505.

On March 26, the Senate Judiciary committee held public hearings on Bill HB 505, listening to interventions from people supporting both sides of the debate. 

Dr. Eric Kress, a doctor in Missoula Montana, admitted to intentionally prescribing three people a lethal dose, to assist their suicide.

We need everyone to contact the members of the Montana Judiciary Committee now and tell them: Vote for HB 505 to protect people from assisted suicide in Montana. The law is currently a mess and it needs clarification.

The following article explains: Why Montana needs to pass HB 505 now.

* Now a amendment to HB 505 has been proposed that would legalize assisted suicide. This is a crazy turn of events that, if passed, would cause HB 505, to legalize assisted suicide rather than prevent assisted suicide.

Contact the members of the Senate Judiciary committee and tell them to reject the amendments to HB 505 and support the original version of HB 505 to protect Montana citizens from Assisted Suicide.

The following are the email addresses for the members of the Montana Senate Judiciary Committee: 
shannonjaugare@aol.com;  blewettformontana@gmail.com; scott@scottboulanger.com; senatorbrenden@gmail.com; robyn@robyndriscoll.com; Sen.JFielder@legmt.gov; larry@imt.net; cliff@larsenusa.com; cvvincent@hotmail.com; SenatorWittich@montana.com; sales4MTSENATE@hotmail.com; murphter5@yahoo.com.

Thank you for your continued support.

Why Montana assisted suicide bill HB 505 is Needed Now

By Margaret Dore, Esq.

Margaret Dore

Originally published here.

A.  Baxter is Confusing

The Baxter case did not legalize physician-assisted suicide. Its holding is limited to giving doctors a defense to prosecution for homicide. Civil liability is not addressed.

Suicide proponents, including Dr. Stephen Speckart, have conceded the lack of legality.[1] Baxter is, however, confusing with even lawyers unable to agree on its meaning.[2]

B.  The Confusion has Allowed Suicide Proponents to Claim that Assisted Suicide is Legal


This confusion has allowed suicide proponents to claim that assisted suicide is legal.  Indeed, they have convinced the Board of Medical Examiners to issue a statement implying that assisted suicide is legal.  This is "Position Statement No. 20," also called "Board Advisory No. 20." [3]


C.  Suicide Proponents are Attempting to Recruit Doctors


Suicide proponents have been actively recruiting doctors to perform assisted suicides with the false assurance that it is legally safe to do so.[4] A doctor so recruited could find himself sued or even convicted of a homicide. On the other hand, the present confusion could frustrate a civil and/or criminal action by an aggrieved party, such as a son and daughter outraged that the doctor has caused their father's suicide.

With the present situation, it’s hard to know legally what will happen. Meanwhile, there is no assurance that any such suicide will be voluntary and/or not the product of abuse or coercion, for example, in the inheritance situation. There is no assurance that the victim will not be a person with many quality years left to live, if only he or she had not been steered to suicide.


D.  The Solution


If instead, the law is clarified that physician-assisted suicide is not legal, 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  (pressure, steerage, people throwing their lives away, etc.).

HB 505 does this by clarifying Montana’s existing prohibition against “aiding or soliciting suicide” in 45-5-105. The bill states:

"A person who purposely aids or solicits another person to commit suicide, but such suicide does not occur, including physician-assisted suicide, commits the offense of aiding or soliciting suicide."[5]

E.  Tell Your Senator to Vote "Yes" on HB 505

This is why HB 505 is needed now, to stop the confusion to protect both doctors and the public. Tell your Senators to vote "Yes" on HB 505!

Footnotes
[1]  In 2009, Dr. Speckart testified in support of SB 167, which had sought to legalize assisted suicide in Montana. He said: "[M]ost physicians feel significant dis-ease with the limited safeguards and possible risk of criminal prosecution after the Baxter decision." See transcript at:  http://maasdocuments.files.wordpress.com/2013/03/speckart-transcript.pdf
[2]  See e.g. The Montana Lawyer, November 2011, Cover Story: "The aid-in-dying debate: Can a physician legally help a patient to die in Montana? Court ruling still leaves the issue open to argument, (with pro-con articles by Senator Anders Blewett and Senator Jim Shockley with Margaret Dore, available at:   http://maasdocuments.files.wordpress.com/2011/11/mt-lawyer-cover-story_001.pdf
[3]  The current version of "Position Statement No. 20" is available at: http://bsd.dli.mt.gov/license/bsd_boards/med_board/pdf/physician_aid_in_dying.pdf  
[4]  See letter from Stephen Speckart and George Risi, to all active Montana doctors, dated March 5, 2012 (falsely stating that “no basis exists [under Baxter] to prosecute a physician for providing aid in dying [physician-assisted suicide]”). Available at: http://maasdocuments.files.wordpress.com/2012/04/risispeckart_ltr_001.pdf  This letter attaches the original version of "Position Statement No. 20" 
[5]  HB 505 can be viewed here:  http://data.opi.mt.gov/bills/2013/billpdf/HB0505.pdf

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).