Aid in Dying: Oregon suicide rate tells the story

The following letter was written by Greg Hinkle, a former Montana Senator, and published on March 6, 2013 in the Missoulian newspaper. under the title: Aid in Dying: Ore suicide rate tells the story.

Greg Hinkle

J. Bruce Beckwith’s (Feb. 6) letter, replying to my (Jan. 30) letter, implies that legalizing physician-assisted suicide will prevent other violent suicides. This has not been the case in Oregon, where assisted suicide is legal.

Oregon’s overall suicide rate, which excludes suicide under Oregon’s physician-assisted suicide act, is 35 percent above the national average. Moreover, this rate has been increasing significantly since 2000. Just three years prior, in 1997, Oregon legalized physician-assisted suicide. Suicide has thus increased, not decreased with legalization of physician-assisted suicide. Moreover, many of these deaths are violent. For 2007, “firearms were the dominant mechanism of suicide among men.” This is according to an Oregon Department of Human Services report issued in September 2010.

In Oregon, murder-suicides also “follow the national pattern” (http://blog.oregonlive.com/health_impact/print.html?entry/2009/11/recent_murder-suicides_follow.html ).

Legal assisted suicide is, regardless, a recipe for elder abuse in which heirs are empowered to pressure and abuse older people to cut short their lives. I urge your readers to tell their legislators to close on the door on assisted suicide in Montana.

To learn more, see this website: www.montanansagainstassistedsuicide.org.

Greg Hinkle, Thompson Falls

The New England Journal of Medicine: A Look Behind the Curtain

The following article was written by Margaret Dore, who is a lawyer in Seattle Washington. The article explains what happened to her, Senator Greg Hinkle and Bradley Williams, from Montanans Against Assisted Suicide, as they attempt to get the New England Journal of Medicine (NEJM) to make a correction to a false statement.

This is a link to the original article that was published on the Massachusetts Against Assisted Suicide blog.

***

Margaret Dore

By Margaret Dore Esq - Updated, September 13, 2012

On July 12, 2012, the New England Journal of Medicine (NEJM) published an article by Julian Prokopetz and Lisa Lehmann MD.[1] The article, "Redefining Physicians' Rolein Assisted Dying," has numerous errors.

For example, the article claims: "in Oregon and Washington patients whose doctors don't wish to participate in assisted dying must find another provider to acquire a prescription."[2] This claim is false. Providers have no such obligation.[3] Moreover, this claim is easily verifiable by reading the Oregon and Washington statutes.[4] The article also claims that assisted suicides in Oregon have "stabilized at 30 to 50 per year."[5] This is also false. Assisted suicides in Oregon have been steadily rising with the most recent totals being 65 and 71 deaths per year.[6] This information is also easily verifiable, i.e., by going to Oregon's website.[7] 

The Prokopetz/Lehmann article, as whole, demonstrates a lack of understanding of the Oregon and Washington assisted suicide laws.

The New England Journal of Medicine holds itself out as the "gold standard" of research and claims that it "employs a highly rigorous peer-review and editing process" and that it "is committed to maintaining that reputation and integrity." http://choiceisanillusion.files.wordpress.com/2012/08/nejm-history-and-mission-as-of-08-31-12.pdf

I thought, ok, I will let them know. They can do a correction.

I submitted a letter, which identified some of the problems with the article and told them about some of the errors. My letter was rejected. I asked for equal time. I was informed that rebuttals to articles are not allowed. The staff person said:

"Unfortunately, the editors of the Perspective section [of the NEJM] do not accept perspective articles that are rebuttals or responses to published Perspective articles."[8]

I wrote back: 

"Your authors are allowed to say anything, no matter how wrong, with impunity?"[9]

Montana, Senator Greg Hinkle

That led to an apparent change of heart, that they would publish my letter after all. But first, I would have to sign a copyright agreement, which would forbid me from talking about assisted suicide until they published my letter and if they didn't publish my letter, I wouldn't get to talk at all. At least that's how I read it. I asked for a modification or clairification that I would still be allowed to talk about assisted suicide. NEJM refused. I have better things to do than be sued for copyright infringement, especially over a 175 word letter.[10]

Montana State Senator Greg Hinkle, who also sent in a correction, had a similar experience. He wrote back to the NEJM: "Per my reading of your proposed copyright agreement, I would no longer be able to speak or write about the law of Montana regarding assisted suicide except in the narrow circumstances listed in the agreement. As an elected official of the State of Montana, it would be unethical for me to enter such an agreement."[11] He also said:

"I have always held the NEJM in high regard and am now wondering if the Journal is following the trend across the country of the media being unwilling to print both arguments on issues."[12]

NEJM would not agree to a modification.[13] Senator Hinkle's letter was not published.[14] Bradley Williams, Coordinator of Montanans Against Assisted Suicide, also sent in a correcting letter, which was rejected by NEJM.[15]

To view our unpublished letters, see here, here and here.

I then found this article: "NEJM sat on Vioxx article warning for years," about how NEJM allegedly refused to correct another article.[16] As of this writing, the Prokopetz/Lehmann article remains uncorrected. 

This all reminds me of the Wizard of Oz. I have seen behind the curtain.

* * *

[1]  Julian J.Z. Prokopetz, B.A., and Lisa Soleymani Lehmann, MD, PhD, "Redefining Physicians' Role in Assisted Dying," N Engl J Med 2012; 367.97-99| July 12, 2012, available at: http://choiceisanillusion.files.wordpress.com/2012/08/nejm-lehmann-article.pdf
[2]  Id.
[3]  See Washington Act, RCW 70.245.190(1)(d) and Oregon's Act, ORS 127.885 Sec. 4.01(4). The requirement is that if the patient goes to another doctor, the first doctor is to provide the patient's relevant medical records, if requested. That's it.
[4]  Id.
[5]  "Redefining Physicians' Role in Assisted Dying," at note 1.
[6]  See Oregon's annual report for 2011 at: http://public.health.oregon.gov/ProviderPartnerResources/EvaluationResearch/DeathwithDignityAct/Documents/year14.pdf
[7]  Id.
[8]  E-mail dated August 13, 2012.
[9]  E-mail dated August 13, 2012.
[10]  To view my unpublished letter, click here
[11]  E-mail from Senator Hinkle to NEJM, August 29, 2012.
[12]  Id.
[13]  Per Senator Hinkle.
[14]  To view Senator Hinkle's unpublished letter, click here.
[15]  To view Bradley Williams unpublished letter, click here.
[16] "NEJM sat on Vioxx article warning for years: WSJ," May 15, 2006, at http://www.mmm-online.com/nejm-sat-on-vioxx-article-warnings-for-years-wsj/article/23331/  The article states: "Less than a year after publishing an article touting the benefits of Vioxx, editors at the NEJM received warning of possible flaws in the November 2000 piece, including a call-in from a pharmacist to a radio show on which the NEJM’s top editor was featured. During the call-in, the pharmacist told the editor, Jeffrey Drazen, about several extra heart attacks not reported in the article but that had occurred during clinical trials. She also submitted a letter to the NEJM about the missing data. The letter went unpublished, even as the article brought in at least $697,000 in revenue on 900,000 reprints sold—most of them to Merck for use as detail aids. A negative letter would have dampened their impact."  (Emphasis added) 

"Winning Against Assisted Suicide in Montana"

A conference discussing the opposition to assisted suicide/euthanasia in Montana and what we can do to stop it.

Date: Saturday, October 8, 2011
Where: University of Montana Continuing Education Center, Todd Building Rm 204
Time: 9am – 3pm (with Q & A and discussion)
Registration opens at 8:30am
Lunch (we invite everyone to join us at the campus food court next door for networking!)
RSVP by FRIDAY, September 30 email: bkhafer@gmail.com or call: 406-849-5161
Moderator: David Hafer, DDS, MS, Montana

Speakers:
Senator Greg Hinkle, MT R. Senator, District 7, Thompson Falls, MT Subject: Opposition to Assisted Suicide in Montana and his pivotal role in preventing legalization to date. Senator Hinkle was elected to the Montana Senate in 2008. In the last legislature session, Senator Hinkle authored SB 116 in opposition to Assisted Suicide. He is a former Chair of the Sanders County Planning Board and a former Sanders County Parks Commissioner.

Annie Bukacek, MD, Kalispell, MT Subject: The formation of "Montanans Against Assisted Suicide & For Living with Dignity: A review of her testimony before the Montana Senate Judiciary Committee, which helped defeat a proposed bill to legalize assisted suicide in Montana.

"Dr. Annie" is an internal medicine doctor with 25 years experience. She owns her own medical practice. In 2010, she and her husband formed Montanans Against Against Assisted Suicide & For Living with Dignity. She worked with an informal coalition to help stop legalization of assisted suicide in Montana. That coalition included Senator Hinkle, attorney Margaret Dore and Bradley D. Williams, now Coordianator of Montanans Against Against Assisted Suicide & For Living with Dignity

Margaret Dore, Esq., MBA Seattle, WA Subject: The current state of the law in Montana: Why people should be against assisted suicide, why we lost in Washington state, and good and bad arguments against assisted suicide. Margaret Dore is an attorney in Washington State where physician-assisted suicide is legal. She is the President of Choice is an Illusion, a non-profit corporation opposing assisted suicide and euthanasia. She was an amicus curie in Montana’s Baxter case. She has published multiple articles against assisted suicide.

For more information, see http://www.blogger.com/www.ChoiceIllusion.org and http://www.blogger.com/www.margaretdore.com

Bradley Williams, Hamilton, MT
Subject: A citizen's vision and strategy for future discussions regarding Assisted Suicide. Bradley Williams is the present Coordinator of Montanans Against Assisted Suicide and For Living with Dignity. He is a veteran salesperson with 40 years experience, serving professionals and the general public. The catalyst to Mr. Williams' involvement in the assisted-suicide issue was an overreaching 2008 judgment solicited by an out-of-state proponent that opened the door for state-sanctioned suicide in Montana. Until then he thought a citizen's duties were to vote, jury duty and pay taxes. After experiencing the encouragement from our legislators and the general public he is sure that we also have the duty to participate in the legislative process.

For more information, see http://www.blogger.com/www.montanansagainstassistedsuicide.org

Assisted Suicide politics in the United States - Four Victories - One to go.

By Alex Schadenberg
Executive Director, Euthanasia Prevention Coalition

Following the November 2010 elections, the assisted suicide lobby announced that they will legalize assisted suicide in at least one eastern US state and that their push will lead to several states legalizing assisted suicide within the next few years.

It appears that the goals of the suicide lobby are failing.

In Hawaii, Senator Ige sponsored bill SB 803 to legalize assisted suicide that was introduced on January 21. SB 803 was sent to the Senate Health Committee where on February 7, it received more than 4 hours of debate.

Senate Health committee chairman Josh Green had stated in an interview that he would be supporting the assisted suicide bill. When the vote on SB 803 was called, it was defeated by 4 to 0 in committee

Green stated that he was swayed by the testimony. The testimony from the disability community was particularly effective. Recent bills to legalize assisted suicide in Hawaii in 2005 and 2007 were also defeated.

In Montana, a December 31, 2009 court decision, did not legalize assisted suicide or create a right to assisted suicide, as the suicide lobby claims, but the court did create a defense of consent for doctors who are prosecuted for assisted suicide.

Montana faced two bills concerning assisted suicide. On February 10, Senator Anders Blewitt sponsored Bill SB 167. To his surprise SB 167 was defeated by a vote of 7 to 5 in the Montana Senate Judiciary Committee.

Several days later Senator Greg Hinkle's Bill SB 116, that would have protected Montana citizens from assisted suicide, was also defeated by 7 to 5 vote in the Senate Judiciary Committee. That means that after a huge campaign by the suicide lobby, assisted suicide remains illegal in Montana.

Last year the suicide lobby organized a significant push to gain public support for assisted suicide in Idaho. In response to the push by the suicide lobby, on February 4, Senator Russ Fulcher introduced Senate Bill SB 1070 to clean-up the criminal code to ensure that assisted suicide is completely illegal in Idaho.

On March 11, the Idaho Senate passed HB 1070 by a vote of 31 to 2.

New Hampshire

On February 2, New Hampshire bill HB 513, that was sponsored by Rep Charles Weed, to legalize assisted suicide was introduced. Those who follow the issue know that a similar bill to legalize assisted suicide was defeated in the New Hampshire legislature, in January 2010, by a vote of 242 to 113.

On February 28, bill HB 513 was debated in the New Hampshire House Judiciary Committee. On March 15, HB 513 was defeated by a vote of 234 to 99 in the New Hampshire House.

This is a substantial victory. HB 513 is essentially an "Oregon Style" bill. This proves that when lawmakers have the opportunity to debate Oregon Style assisted suicide, the majority will reject it as unsafe.

Vermont

Following the November election, Vermont Governor Peter Shumlin promised that his government would legalize assisted suicide in their state. Shumlin, who had unsuccessfully sponsored assisted suicide bills in the past, received significant support from the suicide lobby during his campaign for Governor.

Bill H 274 was introduced on February 17 after more than a month of delays. Once again, H 274 is an "Oregon Style" assisted suicide bill. A similar bill, that was sponsored by Shumlin, was defeated by a vote of 82 to 63 in March 2007.

The Vermont legislators need to examine H 274 and defeat it because it is a Recipe for Elder Abuse and only creates an illusion of choice.

We look forward to the defeat of Vermont bill H 274.

Assisted Suicide is Not Legal in Montana; Clarification Needed

The Montanans Against Assisted Suicide and for Living with Dignity put an important update on their website concerning the status of Senator Hinkle's Bill SB 116, the Elder Abuse Prevention Act. There is confusion in Montana related to the Montana Supreme Court - Baxter decision, which did not legalize assisted suicide but gave physicians, if prosecuted, a potential defense of consent.

Please read the update:

On February 10, 2010, the Senate Judiciary Committee defeated and tabled SB 167, which would have legalized physician-assisted suicide in Montana. Despite this defeat, some assisted suicide proponents are encouraging doctors and others to engage in assisting and/or causing suicide, claiming that the practice is legal under Baxter v. State.

Under Baxter, doctors are given a potential defense to a homicide charge, which may or may not succeed. Baxter did not overrule prior case law imposing civil liability for doctors and others who cause another person’s suicide, typically in a hospital or jail setting. Under Baxter, doctors and others can still be held criminally and civilly liable for causing another person’s suicide.

Historically, the movement to legalize assisted suicide and euthanasia has had a eugenic component, which seems to be the case here. Legalization is, regardless, a recipe for elder abuse, which Baxter completely overlooked. Baxter also overlooked statistics from Oregon showing a positive correlation between legalization of assisted suicide and an increased rate of other violent suicides. Montana already has one of the highest suicide rates in the country. Montana does not need even more suicide.

Senator Hinkle’s bill, SB 116, is a short simple bill that seeks to return Montana to the status quo of 47 other states in which assisted suicide is clearly not allowed. SB 116 is needed because, with Baxter, the law is convoluted; Montanans, especially our older citizens, are not protected.

References:
The Hinkle Report: Link
SB 116 at a glance: Link Elder Abuse At a Glance

Oregon records do not track elder abuse

Montana Senator Greg Hinkle wrote a letter to the editor that was published in the online edition of the Missoulian paper. The letter was posted on Monday, January 31, 2011.

This is what Senator Hinkle wrote:

Oregon records do not track elder abuse

Stephen Speckart (guest column, Jan. 18) is correct that elder abuse is my major concern with legalizing aid in dying, better known as assisted suicide and euthanasia. He is, however, completely uninformed when it comes to Oregon’s records, which he claims demonstrate that none of the people who used Oregons law were abused. These records don’t even talk about abuse.

Legalizing assisted suicide is, regardless, inherently abusive. This is because it allows heirs and others who will benefit from a person’s death to pressure and abuse that person to cut short his or her life. This is why I have proposed the Elder Abuse Prevention Act, which will remove the uncertainty created by the Baxter decision and clearly prohibit aid in dying.

For more information, please read my report to the Legislature describing why assisted suicide creates new paths of abuse, especially for older people. My report can be viewed here.

Copies of the Oregon and Washington after-death reporting forms are attached to the appendix. They do not mention elder abuse.

To learn about my bill at a glance, please go here.

Sen. Greg Hinkle,
Thompson Falls

New group forms in Montana to support Hinkle Bill, oppose assisted suicide, and prevent elder abuse.

The Montanans Against Assisted Suicide and For Living with Dignity have formed as a group of individuals and groups to support Senator Greg Hinkle's Senate Bill 116 to oppose assisted suicide and prevent elder abuse in Montana.

The Montanans Against Assisted Suicide and For Living with Dignity have organized a post-card campaign and they are encouraging Montanans to send hand-written letters to their Representatives to encourage them to support Senator Hinkle and oppose assisted suicide. Link to more information.

Montana has an interesting situation. Senator Hinkle has sponsored Senate Bill 116 that will reverse the Baxter court decision and close the loop-hole that technically allowed assisted suicide, even though the Baxter decision did not make assisted suicide actually legal. SB 116 will also provide greater protections from Elder Abuse. An explanation of the Baxter court decision.

At the same time Senator Anders Blewett has introduced Senate Bill 167 to officially legalize assisted suicide in Montana.

The stakes are high. The Baxter decision did not legalize assisted suicide but if prosecuted it gave Montana doctors a defense of consent. Clearly the status quo is not acceptable.

At the same time, Compassion & Choices of Colorado, the leading group in the suicide lobby, has tried to convince Montana doctors that they can go ahead and prescribe a lethal dose to their patients. Compassion & Choices, known by the disability rights group Not Dead Yet as conflation and con jobs, is also busy pressuring Montana politicians to support the Blewett bill and uphold the Baxter court decision.

The Euthanasia Prevention Coalition recognizes that the Montanans Against Assisted Suicide and For Living with Dignity have accepted a monumental task but we are convinced that this group of concerned Montana citizens will not only win the battle, but they will do so in a convincing fashion.

Donations can be sent to the:
Montanans Against Assisted Suicide and For Living with Dignity
P.O. Box 2691, Big Fork Montana 59911

Montana Senate Bill 116 - The Elder Abuse Prevention Act

This is a message for Montana citizens only.

Senator Greg Hinkle has sponsored Senate Bill 116 - The Elder Abuse Prevention Act in Montana. This is some information concerning SB 116.

The Elder Abuse Prevention Act SB 116
"An Act Prohibiting Aid in Dying"
Senate Bill 116

1. The phrase, “aid in dying,” is commonly used to describe assisted suicide and euthanasia.

2. Most states that have considered legalizing assisted suicide have rejected it. Only two states allow it.

3. Legal assisted suicide is a recipe for elder abuse because it empowers heirs and others to pressure and abuse older people to cut short their lives. In Oregon, where assisted suicide is legal, reported statistics are consistent with elder abuse.

4. In 2009, the Montana Supreme Court issued a decision that opened the door to legalizing assisted suicide in Montana. The Court referred to the practice as “aid in dying.” When making this ruling, the Court overlooked its own precedent imposing civil liability against doctors and others who cause another person to commit suicide. The Court also overlooked elder abuse.

5. Preventing elder abuse is official Montana State policy.

6. SB 116 prevents elder abuse by reversing the Court’s decision and explicitly prohibiting "aid in dying," assisted suicide, euthanasia and mercy killing.

Let Your Montana Legislators Know that You are for Senator Hinkle’s SB 116, the Elder Abuse Prevention Act, to Prohibit Assisted Suicide.(“an act prohibiting aid in dying”)

Handwritten letters mailed from your district are best.

You have one Senator and one Representative. Find out who they are, here: http://www.leg.mt.gov/css/find%20a%20legislator.asp

A message from the:
Montanans Against Assisted Suicide and For Living with Dignity
PO Box 2691
Big Fork, MT 59911

Standing against assisted suicide is a rational position

Bradley Williams has written another good letter to the editor to the Montana Standard Newpaper. Bradley writes:

We already had legal and appropriate end-of-life choices available to all citizens before we were targeted by out-of-state proponents of assisted suicide.

They want unsuspecting citizens to believe that it is all or nothing. That in order to utilize existing end-of-life choices like advanced directives, or living wills to "pull the plug" all complimented by medical power of attorney and superior hospice and palliative care we must accept their values of assisted suicide. Wrong!

The proponents of assisted suicide want to impose their values on us to celebrate our death for the good of society, while they turn a blind eye to the new path they willingly create to increase abuse of elders. We did not need assisted suicide before they arrived and we still don't need it! The Democratic controlled New Hampshire legislator defeated assisted suicide by a wide margin of 242 to 113 in 2010. This was a bipartisan vote.

The last thing that we need is a law that glorifies committing suicide. We already have one of the highest suicide rates in the country. For more information, read state Sen. Greg Hinkle's report to the Legislature at: http://www.margaretdore.com/pdf/HinkleReport.pdf

Bradley Williams
Hamilton Montana

Montana bill would prevent Elder Abuse

The following letter was printed today in the Billings Gazette in Montana concerning Senator Greg Hinkle's - Elder Abuse Prevention Act, a bill that will reverse the Baxter decision, prevent assisted suicide and increase protection for seniors from elder abuse. The letter that is written by Dr. Annie Bukacek is as follows:

For over 20 years, I have been an internal medicine physician with a high percentage of older patients. I have had the painful misfortune of personally observing countless instances of elder abuse.

I write in support of Senator Greg Hinkle's bill to prohibit assisted suicide and thereby prevent new paths of such abuse in Montana.

Elder abuse is horrific and on the rise. Perpetrators of the abuse include hired caregivers, neighbors and family members. In my experience, the motive is usually financial gain. This was true in the case of one of my patients, where a much younger man obtained financial control (became payee for Social Security and retirement benefits) by taking advantage of an elderly woman's loneliness and dementia. He feigned romantic interest in her, flattering her to the point she became isolated as she took his side against her family members. She became isolated and totally dependent on him. After many months, Adult Protective Services was able to provide a guardian.

This same motive of greed could lead to coerced assisted suicide if there was anticipated financial gain, and death could occur quickly if assisted suicide was legal — before protection could be put in place.

Elder abuse is already a huge problem in Montana. For references regarding elder abuse and other grave concerns about assisted suicide, the Hinkle Report is available here: http://www.margaretdore.com/pdf/HinkleReport.pdf. I urge everyone to contact their legislators and ask them to support Hinkle's bill that will prohibit assisted suicide.

Annie Bukacek, MD
Kalispell Montana

Ads for assisted suicide were offensive

A letter that was written by Bradley Williams and printed in the Ravalli Republic newspaper in Montana yesterday, comments on the ads that were run by (I believe) Compassion & Choices in Montana.

The letter to the editor stated:

I was offended when the out-of-state proponents of assisted suicide ran a TV ad during the Winter Olympics. It was a very slick and seductively polished video planting seeds of suicide while we already have one of the highest suicide rates in the nation.

I am 62 years old and also concerned about the way my wife and I will be treated when we are older. I, for one, do not want my doctor telling me or her that we should just go kill ourselves. We are taxpayers who have long supported our community. We deserve to be valued, not steered to suicide. I have read Senator Greg Hinkle's report against legalizing assisted suicide. His key points include that it is a recipe for elder abuse, especially for those who have a bit of money that an heir or a new "best friend" might want. He also discusses the link between legalizing assisted suicide and high suicide rates. In Oregon, they legalized assisted suicide in 1997. Just three years later, the suicide rate, excluding those deaths, was "increasing significantly." This only makes sense. Glorify one type of suicide as "death with dignity" and other suicides follow. Montana has a terrible suicide problem already. We don't need this. Senator Hinkle's report. Please urge your legislator to be rational and vote against assisted suicide and for Senator Hinkle's Montana Patient Protection Act, an Act prohibiting aid in dying. I did!

Bradley D. Williams

Montana Patient Protection Act - Hinkle report

The Hinkle report, that is written for Montana Senator Greg Hinkle, is now published.

The Hinkle report provides the background information in defense of The Montana Patient Protection Act, a bill that will be introduced by Senator Hinkle to reverse the Baxter court decision and to protect Montana patients from elder abuse, undue influence, euthanasia, assisted suicide and "Mercy Killing."

Link to the Hinkle report.

Many people believe that the Baxter decision actually legalized assisted suicide in Montana. The fact is that it didn't. Read the Hinkle report and learn more.

The Hinkle report also uncovers the truth about Compassion & Choices agenda.

Hinkle: Aid in Dying is Euthanasia and Assisted Suicide

Senator Greg Hinkle responded to an article by Victor Lieberman in The Missoulian on Oct 13, 2010

Hinkle stated:

Victor Lieberman, who claims that aid in dying is not euthanasia needs a dictionary or a history lesson.

In the 1980's law students in Iowa drafted a model euthanasia act called the “Model Aid-in-Dying Act.” The act, was published in the Iowa Law Review.

The foreward to the Model Aid-in-Dying Act contains a discussion of euthanasia and how the act was written. Moreover, it defines “aid-in-dying” as euthanasia. It states that “aid-in-dying means ... the administration of a qualified drug for the purpose of inducing death.”

In 1991, there was an aid-in-dying initiative in Washington State. If passed, it would have legalized euthanasia in the state of Washington.

More recently, the Montana Supreme Court gave doctors who participate in aid in dying a potential defense to criminal prosecution. When doing so, the Court described aid in dying in terms of a doctor providing the means for a patient’s death, but not directly participating in the death. This is physician-assisted suicide, not euthanasia. But how long will that distinction be remembered? The term “aid in dying” also means euthanasia.

Lieberman also claims that aid in dying is legal in Montana, which is not the case. The Supreme Court’s opinion is limited to giving a doctor, and only a doctor, a potential defense against a homicide charge. The opinion offers no protection against civil liability.

Aid in dying is, regardless, a recipe for elder abuse. For that reason, it should be prohibited in Montana. I hope the readers will support my bill to do just that.

Montana: Opposing bills will be debated in legislature.

Articles were published today in the Montana media concerning the fact that Democratic Rep. Dick Barrett plans to present a bill in the Montana legislature to legalize assisted suicide. Senator Greg Hinkle announced last January his intention to introduce the Montana Patient Protection Act to protect Montana citizens from Elder Abuse while closing the loophole that was opened in the Montana court Baxter decision.

Senator Hinkle was quoted as stating:

“It’s basically to prevent elder abuse,” Hinkle said. “They talk about choice, but in many cases, there is no choice made. Once the decision is made to commit suicide, they put the decision in the hands of other people — the doctor and the family.”

Legalizing physician-assisted suicide “opens a Pandora’s box,” Hinkle said, and “I don’t believe the people of Montana want to go there.”

While Representative Barrett was quoted to have said:

“My sense is that terminally ill Montanans really do want to have this choice available to them, not that large numbers of people take advantage of it,”

“I think the Supreme Court said it would be consistent with the rights of the terminally ill that Montanans are currently given in the statutes. Terminally ill Montanans and most Americans have the right to hasten their deaths by refusing treatment, food and water.”

It is interesting to note that Compassion & Choices have claimed that assisted suicide was legalized by the Baxter decision while Barrett is saying that he believes that Montanans want to have assisted suicide legalized.

The fact is that the Baxter decision did not legalize assisted suicide, but rather stated that physicians who are prosecuted for assisted suicide could use a "defense of consent."

Therefore assisted suicide remains illegal but if charged with the crime, the physician will say that the person consented to their death.

Barrett claims that:

The evidence from Oregon, where physician-assisted suicide has been available since 1998, shows that this concern is unfounded, Barrett said. Oregon law provides a number of safeguards to ensure that only willing patients make the requests.

The reality is that Compassion & Choices has cornered the assisted suicide market in Oregon. Last year 97% of all assisted suicides in Oregon were facilitated by Compassion & Choices.

Compassion & Choices is a lobby group that promotes assisted suicide and at the same time facilitates the law. No wonder the information that we receive from Oregon proves little more than what condition the person had before requesting assisted suicide and the age of the person when they died, etc.

Further to that, Philip Nitscke, Australia's Dr. Death, quickly moved into Washington State after they legalized assisted suicide through a voter initiative. Nitschke is known for marketing suicide manuals, devices and drugs via the internet and for organizing suicide workshops for people over the age of 50.

It was also interesting that Compassion & Choices in Washington state had more information than the Washington state government, when the first government assisted suicide report was released.

Does Montana want Representative Dick Barrett to introduce a law that will give Compassion & Choices control over their deaths and Nitschke a new place to tour with his death devices and manuals?

Link to a recent article about the Montana Patient Protection Act: http://alexschadenberg.blogspot.com/2010/07/suicide-ruling-ignores-abuse.html

Link to an article concerning the Montana Baxter decision: http://alexschadenberg.blogspot.com/2010/04/physician-assisted-suicide-is-not-legal.html

Link to the original article: http://helenair.com/news/article_964ad35a-8b20-11df-b14f-001cc4c03286.html

Suicide ruling ignores abuse

Senator Greg Hinkle

Senator Greg Hinkle, the state senator from Montana who has introduced the Montana Patient Protection Act, was attacked by the suicide lobby after his previous article explaining the purpose of the patient protection act.

For instance, the Baxter decision in Montana did not legalize assisted suicide or physician assisted homicide but rather stated that if prosecuted, a physician could use the defense of consent. Hinkle points out that the court overlooked the issue of elder abuse in its decision.

I have reprinted Hinkle's article from the Missoulian. It is worth reading.

Suicide ruling ignores abuse
Guest column by GREG HINKLE | Posted: Tuesday, June 29, 2010

I have introduced the Montana Patient Protection Act, which prohibits physician-homicide and physician-assisted suicide. The act is in response to the Supreme Court decision Baxter v. State of Montana. This act is based on Montana's public policy to prevent elder abuse and to value all citizens.

Baxter holds that a patient's consent to physician-assisted suicide "constitutes a statutory defense to a charge of homicide against the aiding physician." In Baxter, the court overlooked elder abuse. The court stated the only person "who might conceivably be prosecuted for criminal behavior is the physician who prescribes a lethal dose of medication."

The court overlooked criminal behavior by family members and others who may benefit from a patient's death, for example, due to an inheritance. Although an aiding perpetrator faces a charge of homicide, "aid in dying" is commonly referred to as "assisted suicide." The term "aid in dying" is also used to describe euthanasia.

There are two states that allow physician-assisted suicide, Washington and Oregon. The vast majority of states that have considered such laws have rejected them. In 2010, a bill to legalize physician-assisted suicide was defeated in the New Hampshire House of Representatives in a bipartisan vote of 242-113. A similar law was recently defeated in the Canadian Parliament by 228-59.

In Montana, there has been rapid growth of elder abuse. Nationwide, elder financial abuse is a crime growing in intensity, with perpetrators often family members, but also strangers and new "best friends." Abuse of the elderly and other vulnerable adults is often subtle and difficult to detect. Victims are often unwilling to report due to embarrassment or a desire to protect family members.

Allowing a victim to consent to physician-assisted suicide creates another path of abuse. For example, a perpetrator could encourage an older person to request a lethal dose and then administer the dose without his consent. The older person's prior request, voluntary or not, would provide the alibi. With the difficulty of detecting and proving homicide, generally, and the difficulties in preventing and detecting abuse specifically, considering the unwillingness of victims to report, it is against public policy to allow a victim to consent to his own homicide.

The Baxter decision applies to "terminally ill" patients. Doctor prognoses of life expectancy can be wrong. I have a close relative, who at age 52 had a serious heart attack and was given a prognosis of no more than eight years to live. That was more than 30 years ago and many grandchildren, great grandchildren later he is still enjoying life. Allowing physician-assisted suicide will thus result in some Montanans, with many good years left, cutting their lives short. This situation will be even more evident if the proponents' definition of "terminally ill adult patient" is adopted by the authorities. This definition is broad enough to include a young person dependent on insulin or a young man with stable HIV/AIDS, who could have decades to live. Encouraging Montanans to shorten their lives is contrary to Montana public policy, which seeks to "improve and protect the health and well being, and self reliance" of all Montanans.

Allowing physician-assisted suicide will open the door to the "Barbara Wagner" scenario. Wagner was a resident of Oregon with lung cancer. The Oregon Health Plan refused to pay for a drug to possibly prolong her life and offered to pay for "aid in dying" instead. Unable to afford the drug, she was steered to suicide. Wagner stated, "I am not ready, I am not ready to die." Will young persons with diabetes or HIV/AIDS be the next Barbara Wagners? Montana already has one of the highest suicide rates in the nation. It is a state priority to reduce the suicide rate for persons of all ages. Steering citizens to kill themselves is contrary to this policy.

Montana values all of its citizens, including those who are older or may have chronic conditions or other disabilities. Baxter overlooked elder abuse. It is against public policy to allow consent to homicide; to encourage Montanans to cut their lives short or steer them to suicide. Montanans should reject "aid in dying."

Sen. Greg Hinkle represents Montana Senate District 7, which covers Sanders, Mineral and the northwest end of Missoula counties.

Link to the article: http://missoulian.com/news/opinion/columnists/article_15a9cbb8-8385-11df-a993-001cc4c03286.html

We the People - Montana Patient Protection Act

Senator Greg Hinkle, Montana State Senator, announced the introduction of the Montana Patient Protection Act, an Act that includes the reversal of the Baxter decision by the Montana Court. Baxter didn't legalize assisted suicide in Montana but created a defense of consent.

Senator Hinkle has been working for many months to refine the Montana Patient Protection Act.

The Euthanasia Prevention Coalition congratulates Senator Hinkle on his work and we will urge the Montana State Senate to support the Montana Patient Protection Act.

The following is the article that was written by Senator Greg Hinkle and published in The Clark Fork Chronicle:
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Montana Patient Protection Act

The Clark Fork Chronicle - Sunday, May 30 2010

by Sen. Greg Hinkle

http://www.clarkforkchronicle.com/article.php/20100530155921580

I have introduced the Montana Patient Protection Act which prohibits physician-homicide and physician-assisted suicide ("aid in dying"). The Act is in response to the Supreme Court decision Baxter v. State of Montana. This Act is based on Montana's public policy to prevent elder abuse and to value all citizens.

Baxter holds that a patient's consent to physician-assisted suicde "constitutes a statutory defense to a charge of homicide against the aiding physician." In Baxter the court overlooked elder abuse. The court stated the only person "who might conceivably be prosecuted for criminal behavior is the physician who prescribes a lethal dose of medication." The court overlooked criminal behavior by family members and others who may benefit from a patient's death, for example, due to an inheritance. Although an aiding perpetrator faces a charge of homicide, "aid in dying" is commonly referred to as "assisted suicide". The term "aid in dying" is also used to describe euthanasia.

There are two states that allow physician-assisted suicide, Washington and Oregon. The vast majority of states that have consided such laws have rejected them. In 2010, a bill to legalize physician-assisted suicde was defeated in the New Hampshire House of Representatives in a bi-partisan vote of 242-113. A similar law was recently defeated in the Canadian Parliment by 228-59.

In Montana, there has been "rapid growth" of elder abuse. Nationwide, elder financial abuse is a crime "growing in intensity" with perpetrators often family members, but also strangers and new "best friends". Abuse of the elderly and other vulnerable adults is often subtle and difficult to detect. Victims are often unwilling to report due to embarrassment or a desire to protect family members.

Allowing a victim to consent to physician-assisted suicide creates another path of abuse. For example, a perpetrator could encourage an older person to request a lethal dose and then administer the dose without his consent. The older person's prior request, voluntary or not, would provide the alibi. With the difficulty of detecting and proving homicide, generally, and the difficulties in preventing and detecting abuse specifically, considering the unwillingness of victims to report, it is against public policy to allow a victim to consent to his own homicide.

The Baxter decision applies to "terminally ill" patients. Doctor progonoses of life expectancy can be wrong. I have a close relative, who at age 52 had a serious heart attack and was given a prognosis of no more than eight years to live. That was over thirty years ago and many grandchildren, great grandchildren later he is still enjoying life. Allowing physician-assisted suicide will thus result in some Montanans, with many good years left, cutting their lives short. This situation will be even more evident if the proponents' definition of "terminally ill adult patient" is adopted by the authorities. This defintion is broad enough to include a young person dependent on insulin or a young man with stable HIV/AIDS, who could have "decades to live". Encouraging Montanans to shorten their lives is contrary to Montana public policy, which seeks to "improve and protect the health and well being, and self reliance" of all Montanans.

Allowing physician-assisted suicide will open the door to the "Barbara Wagner" scenario. Wagner was a resident of Oregon with lung cancer. The Oregon Health Plan refused to pay for a drug to possibly prolong her life and offered to pay for "aid in dying" instead. Unable to afford the drug, she was steered to suicide. Wagner stated, "I am not ready, I am not ready to die". Will young persons with diabetes or HIV/AIDS be the next Barbara Wagners? Montana already has one of the highest suicides rates in the nation. It is a state priority to reduce the suicide rate for persons "of all ages". Steering citizens to kill themselves is contrary to this policy.

Montana values all of its citizens, including those who are older or may have chronic conditions or other disabilities. Baxter overlooked elder abuse. It is against public policy to allow consent to homicide; to encourage Montanans to cut their lives short or steer them to suicide. Montanans should reject "aid in dying."

Readers interested in my source materials can view them in my "Report to the Senate for LC0041, The Montana Patient Protection Act". My contact email is ghinklesd7@gmail.com or phone 406-827-4645

Physician-assisted suicide is not “legal” in Montana; doctors and others participate at their peril.

From the Euthanasia Prevention Coalition and Montana State Senator Greg Hinkle:

FOR IMMEDIATE RELEASE

Euthanasia Prevention Coalition & Montana State Senator Greg Hinkle: Physician-assisted suicide is not “legal” in Montana; doctors and others participate at their peril.

MONTANA. Today, the Missoulian reported that the suicide/ euthanasia promotion group, Compassion & Choices, has claimed that more than one Montanan has used physician-assisted suicide since a Montana Supreme Court ruling was issued on December 31, 2010. http://www.missoulian.com/news/state-and-regional/article_f857084e-4402-11df-8d38-001cc4c002e0.html.

The ruling in Baxter v. State, did not, however, “legalize” physician-assisted suicide in Montana. Baxter instead held that a physician accused of homicide for killing his or her patient would be allowed to assert a “consent of the victim defense.” Read analysis here: http://www.montanafamily.org/portfolio/pdfs/Baxter_Decision_Analysis_v2.pdf

Tellingly, the Missoulian article does not give the names of the doctors or other persons allegedly involved, who if they were involved, face potential criminal and civil liability or professional discipline.

Public policy reasons against physician-assisted suicide include its potential for abuse, for example, by an heir with designs on an older person’s assets.

April 9, 2010.
Alex Schadenberg
Euthanasia Prevention Coalition
1-877-439-3348

Senator Greg Hinkle
Montana state Senate
406-827-4645