Montana Bar Article by Senator Jim Shockley and Margaret Dore

"No, physician-assisted suicide is not legal in Montana:

 It's a recipe for elder abuse and more" [1]

By State Senator Jim Shockley and Margaret Dore

Published in The Montana Lawyer, the official
publication of the State Bar of Montana.

There are two states where physician-assisted suicide is legal: Oregon and Washington.  These states have statutes that  give doctors and others who participate in a qualified patient’s suicide immunity from criminal and civil liability.  (ORS 127.800-995 and RCW 70.245). 

In Montana, by contrast, the law on assisted suicide is governed by the Montana Supreme Court decision, Baxter v. State, 354 Mont. 234 (2009).  Baxter gives doctors who assist a patient’s suicide a potential defense to criminal prosecution.  Baxter does not legalize assisted suicide by giving doctors or anyone else immunity from criminal and civil liability.  Under Baxter, a doctor cannot be assured that a suicide will qualify for the defense.  Some assisted suicide proponents nonetheless claim that Baxter has legalized assisted suicide in Montana.

Legalizing assisted suicide in Montana would be a recipe for elder abuse.  The practice has multiple other problems.

Patient Wishes Opposed

http://www.winnipegfreepress.com/opinion/letters_to_the_editor/132679923.html

I read with sadness the Oct. 21 article about Anne Rostecki, Alleged deprivation of senior probed, by Alexandra Paul.

My mother died in a similar situation. A mild stroke led to her involuntary starvation and dehydration in a Nova Scotia care facility.

There is now a push in Canada to legalize assisted suicide and euthanasia as a supposed voluntary choice. But as evidenced by my mother's and Rostecki's cases, doctors now impose their wishes on patients without their consent.

Doctors cannot be trusted with the power they have. Legalizing assisted suicide or euthanasia would give them even more power to effect patient deaths. The idea that legalizing these practices will somehow give patients more autonomy and choice indicates a society gone mad.

KATE KELLY
Coral Harbour, Nunavut

Massachusetts: "Oregon doctor disputes state's assisted suicide"

http://www.gloucestertimes.com/opinion/x553404669/Letter-Oregon-doctor-disputes-states-assisted-suicide 
The Gloucester Daily Times Wed Oct 19, 2011, 11:25 PM EDT

To the editor:

Cynthia Fisk's letter (The Times, Wednesday, Oct. 12) supports assisted suicide to avoid disabling and unyielding pain.

In Oregon, where I practice medicine and where assisted-suicide has been legal since 1997, there has never been a documented case of assisted-suicide used because of actual untreatable pain.

In statewide television ads in 1994, a woman named Patty Rosen claimed to have killed her daughter with an oral overdose of barbiturates because of intractable cancer pain. This claim was later challenged and shown to be false.

Giving patients a lethal dose to kill themselves is easier than evaluating them, caring for them and/or treating them. In short, legalization encourages lazy doctoring.

A few years ago, a patient contacted me concerned that an oncologist might be one of the "death doctors." She questioned his motives,­ particularly when she obtained a more favorable opinion from another oncologist. Such fears were never an issue before assisted-suicide was legalized.

Don't make Oregon's mistake.

William L. Toffler MD
Professor of Family Medicine
Oregon Health & Science University

Massachusetts: "Don't be fooled by assisted-suicide bill"

http://www.lowellsun.com/editorials/ci_19137188
The Lowell Sun
Updated: 10/18/2011 09:27:53 AM EDT

This letter responds to Marie Donovan's article about the proposed Massachusetts death-with-dignity act, which seeks to legalize assisted suicide in your state (" 'Death with Dignity Act' renews end-of-life debate"). I am an attorney in Washington state, one of just two states where physician-assisted suicide is legal. The other state is Oregon. I am also president of Choice is an Illusion, a nonprofit corporation opposed to assisted suicide as an issue of public safety (www.choiceillusion.org).

In both Washington and Oregon, assisted-suicide laws were passed via highly financed sound-bite, ballot-initiative campaigns. No such law has made it through the scrutiny of a legislature -- despite more than 100 attempts. This year, a bill was defeated in the New Hampshire House, 234 to 99.

The proposed Massachusetts act is a recipe for elder abuse. Key provisions include that an heir, who will benefit financially from a patient's death, is allowed to actively help sign the patient up for the lethal dose. See e.g., Section 21 allowing one of two witnesses on the lethal-dose request form to be an heir (http://www.mass.gov/Cago/docs/Government/2011-Petitions/11-12.pdf  ).

Once the lethal dose is issued by the pharmacy, there is no oversight over administration. The proposed act does not require that a doctor or anyone else be present at the time of death. This creates the opportunity for an heir, or another person who will benefit from the death, to administer the lethal dose to the patient without the patient's consent. Even if he struggled, who would know?

Donovan's article prominently features a discussion of religion. In Washington state, proponents used similar discussions and even religious slurs to distract voters from the pitfalls of legalization. What the proposed law said and did was all but forgotten.

Do not be deceived.

MARGARET DORE
Choice is an Illusion
Seattle, Wash.

Hawaii: An Acknowledgement that the Claimed Legality is Bogus?

By Margaret Dore

Yesterday, the Honolulu Star Advertizer announced that Hawaii Representative Blake Oshiro was planning to "lead the charge" to promote assisted suicide legislation in 2012.[1]  The Advertizer elaborated that prior bills to legalize assisted suicide are "still alive" and that "[n]ew bills on the subject may also be introduced."[2]

Just two weeks ago, Oshiro chaired a panel of suicide advocates who claimed that assisted suicide is already legal in Hawaii.[3], [4]  If he believed that assisted suicide is already legal, why would he be planning to "lead the charge" to promote legislation to legalize it again?   

With the announcement of upcoming legislation, there is the implicit acknowledgement that the claimed legality is bogus? 

For more information and talking points about problems with legal assisted suicide, go here.

* * *

[1]  Jay Fidell, "Death with Dignity is Coming Back," The Star Advertiser, October 17, 2011, available at http://thinktech.staradvertiserblogs.com/2011/10/17/death-with-dignity-is-coming-back/
[2]  The Advertiser article refers to two legalization bills:  House Bill 1383 and Senate Bill 803.
[3]  The claim that assisted suicide was already legal in Hawaii was based on a brief written by Kathryn Tucker, Director of Legal Affairs for Compassion & Choices.  For a critique of that brief, click here. 
[4]  According to a post on the Hawaii Death with Dignity Society home page, the panel met on October 5, 2011.  (Last viewed today).

Massachusetts: Assisted Suicide is a Recipe for Elder Abuse; Do not be Deceived

By Margaret Dore

A ballot initiative to legalize physician-assisted suicide via a "death with dignity" act is now in the signature-gathering stage in Massachusetts.[1]

Physician-assisted suicide is legal in just two states: Oregon and Washington.[2]  In both states, acts to legalize the practice were enacted via sound-bite ballot initiative campaigns.[3]  No such law has made it through the scrutiny of a legislature.  Just this year, bills to legalize assisted suicide were defeated in Montana, New Hampshire and Hawaii.[4] Just this year, Idaho enacted a statute to strengthen its law against assisted suicide.[5]

The proposed Massachusetts act is a recipe for elder abuse.  Key provisions include that an heir, who will benefit financially from a patient's death, is allowed to participate as a witness to help sign the patient up for the lethal dose.  See Section 21 of the act, allowing one of two witnesses on the lethal dose request form to be an heir, available here.  This situation invites undue influence and coercion.

Once the lethal dose is issued by the pharmacy, there is no oversight.  See entire proposed act, available here.  The act does not require witnesses when the lethal dose is administered.  See act here.  Without disinterested witnesses, an opportunity is created for an heir, or another person who will benefit from the patient's death, to administer the lethal dose to him without his consent.  Even if he struggled who would know?

In Massachusetts, proponents are framing the issue as religious.  In Washington state, proponents used a similar tactic and even religious slurs to distract voters from the pitfalls of legalization.  What the proposed law said and did was all but forgotten.

        

        Do not be deceived.

* * *

Margaret Dore is an attorney in Washington State where assisted suicide is legal.  She is also President of Choice is an Illusion, a nonprofit corporation opposed to assisted suicide.  Her publications include Margaret K. Dore, "Physician-Assisted Suicide: A Recipe for Elder Abuse and the Illusion of Personal Choice," The Vermont Bar Journal, Winter 2011.

* * *

[1]  To view the proposed Massachusetts initiative, click here:  http://www.mass.gov/Cago/docs/Government/2011-Petitions/11-12.pdf
[2]  In Montana, there is a court decision that gives doctors who cause or aid a suicide, a potential defense to criminal prosecution for homicide.  The decision does not legalize assisted suicide by giving doctors or anyone else immunity from criminal prosecution and civil liability.  To learn more, go here:  http://www.montanansagainstassistedsuicide.org/p/baxter-case-analysis.html  The assisted suicide promotion group, Compassion & Choices, has a new campaign claiming that assisted suicide is "already legal" in Hawaii.  This is an odd claim given that bills to legalize assisted suicide in Hawaii have repeatedly failed, most recently this year.  See here for the most recent bill: http://capitol.hawaii.gov/Archives/measure_indiv_Archives.aspx?billtype=SB&billnumber=803&year=2011
[3]  Oregon's physician-assisted suicide act was enacted via Ballot Measure 16.  Washington's act was enacted via Initiative 1000.
[4]  In Montana, SB 167 was tabled in Committee and subsequently died on April 28, 2011.  In New Hampshire, HB 513 was defeated on March 16, 2011.  In Hawaii, SB 803 was defeated on February 7, 2011 .
[5]  On July 1 2011, Idaho's new statute strengthening Idaho law against assisted suicide went into effect:   http://www.choiceillusionidaho.org/2011/07/idaho-strengthens-law.html

Compassion & Choices Embraces Derek Humphry

Compassion & Choices of Washington has announced that Derek Humphry will be the keynote speaker at its upcoming 2011 annual meeting.[1]

Derek Humphry has recently been in the news as a promoter of suicide kits from a company now shut down by the FBI.  According to an article in Oregon's Register-Guard newspaper: 

A spotlight was cast on the mail-order suicide kit business after a 29-year-old Eugene man committed suicide in December using a helium hood kit. The Register-Guard traced the $60 kit to [the company, which] has no website and does no advertising; clients find [the] address through the writings of Humphry. (Emphasis added).[2]

With the choice of Humphry as its keynote speaker, Compassion & Choices shows its true colors? 
  

* * *

[1]  See current newsletter for Compassion & Choices of Washington, stating:  "Derek Humphry to be Keynote Speaker at 2011 Annual Meeting."  To view the newsletter, go to the following link and scroll down to the lower half of the page:  http://choiceisanillusion.files.wordpress.com/2011/10/derek.pdf

[2]  Jack Moran, "Police kick in door in confusion over suicide kit:  The FBI message to police about the purchase of the gear failed to mention it was bought seven months ago, "  The Register-Guard, September 21, 2011.

Canada: Assisted Suicide Too Easily Abused

http://www.timescolonist.com/news/Assisted+suicide+easily+abused/5525325/story.html

By John Coppard, Times ColonistOctober 9, 2011

Re: "Assisted dying should be an option," Oct. 4.

The danger in legalizing assisted suicide is that people's choices can so easily be undermined and abused. Whether it's greedy relatives hoping to speed up their inheritance, or cash-strapped bureaucrats looking to save on health-care costs, the weak and vulnerable can be all-tooeasily steered toward a death they do not truly want.

In Oregon, where physician-assisted suicide is legal and the government health plan is empowered to steer patients to suicide, two cases have gained public prominence - Barbara Wagner and Randy Stroup. Both wanted treatment, but their plan offered them suicide instead. Canadian laws prohibiting assisted suicide exist for a reason. Let's keep it that way.

John Coppard Victoria

Vermont: Bennington Banner: Suicide choice is an illusion

http://www.benningtonbanner.com/opinion/ci_19084377

Posted: 10/10/2011 10:26:03 PM EDT
Monday October 10, 2011

This letter responds to Dr. Guerrero's letter referring to an upcoming assisted suicide bill, which he discusses in terms of providing patient choice. Last March, I did a legal analysis of two assisted-suicide bills that were pending in your legislature. I previously analyzed two similar bills introduced in 2009.

None of these bills assured patient choice or control over their deaths. For example, there was no required supervision over administration of the lethal dose. The death was not even required to be witnessed. This created the opportunity for an heir, or someone else who would benefit from the patient's death, to administer the lethal dose to the patient without his consent. Even if he struggled, who would know?

To view my most recent analysis, go here:  http://www.choiceillusionvermont.org/p/2011-bills.html To view my prior analysis, see Physician-Assisted Suicide: "A Recipe for Elder Abuse and the Illusion of Personal Choice," Vermont Bar Journal, winter 2011, available at www.vtbar.org/Images/Journal/journalarticles/winter2011/PhysicianAssistedSuicide.pdf .

Choice is an Illusion, a nonprofit corporation www.margaretdore.com  [should be www.choiceillusion.org ]

MARGARET K. DORE

Seattle, Wash.

Vermont: Don't Make Oregon's Mistake

http://www.benningtonbanner.com/opinion/ci_19077890

Posted: 10/09/2011 09:32:49 PM EDT, Sunday October 9, 2011 

 

I am a doctor in Oregon where physician-assisted suicide is legal. Dr. Richard Guerrero's letter justifies his support of assisted suicide with a discussion of physical pain (Sept. 30).

 
In Oregon, there has never been a documented case of assisted suicide used because there was actual untreatable pain.
 
One of the first times I discussed assisted suicide with a patient was with a man in a wheelchair with a progressive form of multiple sclerosis who asked me for assistance with his suicide. I told him that I could readily understand his fear and his frustration and even his belief that assisted suicide might be a good path for him.
 
At the same time, I told him that should he become sicker or weaker, I would work to give him the best care and support available. I told him that no matter how debilitated he might become, that, at least to me, his life was, and would always be, inherently valuable. As such, I would not recommend, nor could I participate in his suicide. He simply said: "Thank you."
 
How we respond to someone requesting suicide can either reflect the person's inherent worth or can cause the person even deeper desperation. Patients can even feel pressured to proceed simply due to how we respond. For this reason alone, the deaths may not be voluntary. Don't make Oregon's mistake.
 
WILLIAM L. TOFFLER, MD

Hawaii: Oops, they did it again! Mainland suicide law proponents back in Hawaii

BY KAREN DICOSTANZO - Oops, they did it again! Mainland suicide law proponents descended on Hawaii this week for a panel discussion hosted by Rep. Blake Oshiro and sponsored by Honolulu Star-Advertiser. As before, they used misinformation to bolster their claim that physician assisted suicide is "already legal" in Hawaii.

Of course, this begs the question: If physician assisted suicide is "already legal" in Hawaii, why have suicide law proponents been trying--unsuccessfully--to legalize it for the past 10 years?The "panel" for the panel discussion consisted solely of suicide activists, so this was not a bona fide effort to air opinions from both sides and maintain balance. Rather, this was meant as a PR stunt to create a news story and arouse public interest in their cause.

Suicide law proponents are using a 1909 Hawaii law as a basis for their assertions, claiming the law allows doctors to administer lethal drugs upon patient request. In fact, this law was written to allow doctors to administer non-traditional/herbal drugs in battling such illnesses as Hansen's Disease (leprosy), tuberculousis, and asthma.

It is obvious that by grasping at straws such as this, their argument is indeed weak. Nevertheless, using equally weak arguments, physician assisted suicide was legalized in states like Oregon and Washington. We need to act now to counter these ridiculous claims and protect the public from these false reports.