Maine Defeats Dangerous Suicide Bill as California Proposal Moves Forward
By Jennifer Popik, JD, Robert Powell Center for Medical Ethics

While
California’s Senate has voted in favor of a dangerous doctor-prescribed
suicide bill and the state Assembly is preparing to consider it in
committee hearings, Maine has become the most recent state to defeat
similar legislation. This comes amid a wave of assisting suicide laws
that have been introduced all across the U.S.
The Maine Senate defeated assisting suicide bill LD 1270 by a vote of
18 – 17 after the House had approved the measure with a 76-70 vote.
Despite this exceptionally close vote, the bill cannot be brought up
again until 2017 because Maine has a two-year legislative session.
A diverse and large assortment of groups including disability rights
groups, medical groups, the state medical society, and right to life
groups worked hard raising the red flag regarding the many dangers this
kind of legislation poses.
Compassion and Choices (formerly the Hemlock Society) is the main
national euthanasia activist organization behind these bills. It has a
large infusion of money, and is hard at work promoting laws that allow
people to request lethal prescriptions from doctors. These laws begin
with so-called safeguards that the organization eventually intends to
move away from. More on this can be found in an article titled, “
The Disturbing End Game of Organization Pushing Assisting Suicide”
Now that we are at or nearing the end of many state legislative
sessions, there is good news, bad news, and some misleading news.
Good News
Most of the bills introduced to legalize assisting suicide (in over
half of the states) have fallen one by one, thanks to hard work from
disability rights groups, virtually every state medical society, right
to life groups, and others. Delaware, Rhode Island and Connecticut were
the most recent states to retire these bills- again relying a broad base
of opposition. Over half of states has seen bills this term, and only a
small handful are still active (California and DC among the most
imminent).
Further, the deadly practice is still only legal in small handful of
states (three have laws on the books, and Montana courts have found
nothing in its law to prohibit the practice). In New Mexico, a court
decision overturning that state’s decade-old protective law is currently
being appealed.
The Bad News
While state after state is rejecting this dangerous legislation, the
California Senate has cleared the bill and it has now moved on to the
state’s lower house. In fact, the Assembly will commence the first of
several hearings in the Health Committee on June 23. If you are a
California resident, there are several things that can be done now to
help turn the tide against assisting suicide in your state.
1. Send a personal email to Governor Jerry Brown and your State
Assembly member. 2. Call your State Assembly member at 916.319.20, then
your Assembly District number which can be found at:
findyourrep.legislature.ca.gov 3. If at all possible, attend the June 23 hearing in person.
Whether you live in California or another state that may be
considering this legislation, it is key to let your legislators know
that killing the patient must never be condoned as a reasonable solution
to human problems.
Importantly, in the states where this is law, the law is being misrepresented and abused.
First, there is nothing in existing Oregon, Washington, or Vermont
law that requires doctors to refer patients for evaluation by a
psychologist or psychiatrist to screen for depression or mental illness.
There is also no such requirement in any current proposal in any state.
The doctors can make a referral, but nearly never do. In fact,
according to the Oregon’s official state reports, in 17 years of
legalized doctor-prescribed suicide, a mere
5.5% of death candidates have been referred for psychological evaluation.
According to state-issued reports in Oregon, we know that people
receive lethal prescriptions and long outlive their prognosis. Further,
the law has been made to apply to people whom no one would think of as
terminally ill such as diabetics, those with HIV, or those with
hepatitis simply because they would die without treatment in six
months—even though with treatment they could live much longer, even
indefinitely. Assisting suicide legalization has led people to give up
on treatment and unnecessarily lose years of their lives. And recently,
an older woman with no terminal illness living under the most recently
enacted Vermont law was given assisted suicide as an option.
While abuses ranging from a patient with dementia receiving a lethal
dose, to numerous non-terminally ill people getting prescriptions, to
pressure from the state health plans to use the cheaper suicide option
in place of life-saving treatment have been documented and exposed, the
real depth of abuses is difficult to know.
These laws rely on doctors to self-report. However, there is no
penalty if they do not report statistics and complications. Furthermore,
doctors are not held to the ordinary standard of medical malpractice in
implementing the “safeguards,” but a far lower one. Under Oregon law,
the death certificate is actually falsified so that it lists some other
condition, not suicide, as the cause of death.
And much to the dismay of many families who found this out too late,
the law does not require families to be notified of a patient’s suicidal
intent. These laws open a Pandora’s Box, and do nothing to prevent
people from improper treatment and improper pain management at the end
of their life. You can find more about these abuses
here.
Misleading News
Finally, there is the misconception that these laws have big public
support. A Gallup poll released May 27, 2015, at first blush indicates
more Americans support physician-assisted suicide now than ever. Based
on favorable wording, the poll found 68 percent of Americans believe
physicians should be allowed to assist in a suicide. This was an
increase of 10 percentage points from the same polling in the previous
year.
However, on the eve o
f a very hotly contested ballot initiative
question from the 2012 high-turnout presidential election in
Massachusetts, voters ultimately rejected legalizing doctor-prescribed
suicide despite similar polling margins. At the time, according to a
University of Massachusetts poll, 65% of the registered voters said they
would vote yes on the so-called “Death with Dignity” initiative. This
matched a poll conducted by the Survey Center at the University of New
Hampshire that found 68% of likely voters would vote yes.
However, the trend is and has been that people turn against these
laws they formerly believed they might support once the public and
legislators are alerted to 1) the dangerousness of these laws to
vulnerable groups, 2) the failure of these laws to address palliative
care, and 3) the pressures that have been put on patients to “choose”
this inexpensive suicide option.
It is more important now than ever to look for and stop the spread of
these dangerous laws in your state. Chances are, some sort of
legislation may be moving in your state; even if no longer a threat this
year, the groundwork is likely being laid to promote it in the future.
California and DC are the most immediate targets, but there are many
others that will ultimately be in the crosshairs.
Killing the patient must never be condoned as a reasonable solution to human problems!
Source: NRLC News