Hawaii: Attorney General Opinion Attached

Per Jim Hochberg, Hawaii State Senator Joshua Green, MD, has authorized release of the Attorney General's opinion rejecting C & C's claim that assisted suicide is "already legal" in Hawaii.  The opinion states in part:

"Dear Senator Green:

Re: Hawaii law on assistance with dying

You have asked (1) whether §453-1, Hawaii Revised Statutes (HRS), authorizes a physician to assist a terminally ill patient with dying when requested by or on behalf of the patient, and (2) whether any criminal laws prohibit aid in dying.

We are assuming that a physician’s assistance with dying would consist of prescribing a lethal dose of medication that a terminally ill patient could take to bring on a swifter and possibly more peaceful death than would otherwise ensue. Our analysis addresses only this method of assistance. Briefly, (1) we do not believe that §453-1 provides authority for a physician to assist with dying, and (2) a physician who provided such assistance could be charged under Hawaii’s manslaughter statute. . . ."

To view the entire opinion, click here.

Hawaii: Attorney General Rejects C & C Claim that Assisted Suicide is "Already Legal"

The Attorney General of Hawaii has issued a formal opinion rejecting Compassion & Choices' claim that physician-assisted suicide, termed "aid in dying," is legal in Hawaii.

A press release issued by the Alliance Defense Fund describes that Senator Josh Green, MD had requested the opinion from Attorney General David Louie.[1]  The press release states:

"[T]he attorney general's legal opinion states that state law "does not authorize physicians to assist terminally ill patients with dying" and "a physician who provided assistance with death could be charged under Hawaii's manslaughter statute."

The press release also quotes Honolulu attorney Jim Hochberg:  "[N]o one should believe the recent falsehoods that pro-death proponents have spread about [Hawaii] law."

* * * 

[1]  To view the ADF Press Release, click here 

Press Release: Mass Against Assisted Suicide

FOR IMMEDIATE RELEASE 

Massachusetts Assisted Suicide Initiative a Recipe for Elder Abuse

Choice is an Illusion, a nonprofit corporation opposed to assisted suicide, has launched a new website agianst the Massachusetts "death with dignity" initiative.  The website's name is "Mass Against Assisted Suicide." 

Margaret Dore, President of Choice is an Illusion and an elder law attorney, states: "The initiative's introduction declares that the process will be 'entirely voluntary' for the patient.  The act, as written, does not deliver on this promise.  The act is instead a recipe for elder abuse."

The proposed act has an application process to obtain a lethal dose for the purpose of causing the patient's death.  The act allows the patient's heir, who will benefit financially from the death, to actively help the patient sign up for the lethal dose.  Dore states:  "The act allows an heir to participate as one of two witnesses on the lethal dose request form.  The act also allows someone else to speak for the patient." 

"This does not meet the stink test," said Dore. "Signing away your life under the proposed act has less protection than signing a will."

Dore explained that when signing a will, similar conduct can create a presumption of fraud and undue influence.

Dore also pointed out that there is no oversight once the lethal dose of has been filled under the proposed act.

"The death is not required to be witnessed by disinterested persons," Dore said.  "Indeed, no one is required to be present." 

"Without disinterested witnesses, the opportunity is created for an heir, or someone else who will benefit from the death, to administer the lethal dose to the patient without his consent.  Who would know?"

This year in New Hampshire, a similar "death with dignity" act was defeated in the House of Representatives by a vote of 234 to 99. 

Former New Hampshire State Representative Nancy Elliott said: "Assisted suicide laws empower heirs and others to pressure and abuse older people to cut short their lives.  This is especially an issue when the older person has money.  There is no assisted suicide bill that you can write to correct this huge problem."

* * *

To view the new website, go here:  http://www.massagainstassistedsuicide.org  To learn more about "Choice" is an Illusion, visit:  www.choiceillusion.org  To learn about the New Hampshire bill that failed, go here:  http://www.choiceillusionnewhampshire.org/2011/05/new-hampshire-defeats-assisted-suicide.html

* * *

Margaret Dore is President of Choice is an Illusion and an elder law attorney. Contact her at 206-389-1754 or margaretdore@margaretdore.com.  See also http://www.margaretdore.org/  Contact Former New Hampshire State RepresentativeNancy Elliott at mmknhrep@gmail.com  

Canada: "The idea that legalizing assisted suicide and euthanasia will somehow increase patient choice . . . is a society gone mad"

Dear Editor, 

Mark Hume's article cheering on the anonymous family "forced" to kill their parents is a not-so-subtle endorsement of the current challenge to our laws against assisted suicide and euthanasia. The article is titled "A.B.C.'s family's secret: how they helped their parents die." My question is, what were the family's other "secrets"? How much did they inherit, who got the house, or were the killings done as payback for long past wrongs? Elder abuse is a terrible problem in this country and the scenario I describe is not uncommon.

Hume's article also ignores that older people are already being killed in our health care facilities via dehydration, starvation, and/or morphine overdose. For one instance, see this article in the Winnipeg Free Press, "Alleged deprivation of senior probed: Denied food, water in hospital." ( http://www.winnipegfreepress.com/local/alleged-deprivation-of-senior-probed-132297303.html ) My own mother had a similar experience in an extended care facility in Nova Scotia. A mild stroke led to her forced starvation and dehydration. It didn't matter that she was conscious and trying to speak, or that she had indicated she wanted water.

As evidenced by the overreaching doctors described in the above article and my mother's experience, some doctors cannot be trusted with the power they already have. Legalizing assisted suicide and euthanasia will give them even more power to effect patient death. The idea that legalizing assisted suicide and euthanasia will somehow increase patient choice and autonomy is a society gone mad.

To read my mother's story, please click here: http://www.choiceillusion.org/p/mild-stroke-led-to-mothers-forced.html

Thank you,
Kate Kelly, B.A., B.Ed

Massachusetts: MMS Physicians Reaffirm Opposition to Physician-Assisted Suicide

MMS Press Release

December 3, 2011
http://www.massmed.org/AM/Template.cfm?Section=Online_Newsroom&TEMPLATE=/CM/ContentDisplay.cfm&CONTENTID=65342

Contact: Richard P. Gulla
Phone: (781) 434-7101 Email: rgulla@mms.org

Waltham, Mass. -- December 3, 2010 – The Massachusetts Medical Society, the statewide association of physicians with more than 23,000 members, today voted to reaffirm its opposition to physician-assisted suicide, with its House of Delegates voting by a wide margin to maintain a policy the Society has had in effect since 1996.

Opposition to physician-assisted suicide was part of a larger policy statement that includes recognition of patient dignity at the end of life and the physician’s role in caring for terminally-ill patients. The policy was approved by more than 75 percent of the Society’s delegates.

Lynda Young, M.D., president of the Society, said that “Physicians of our Society have clearly declared that physician-assisted suicide  is inconsistent with the physician’s role as healer and health care provider. At the same time we recognize the importance of patient dignity and the critical role that physicians have in end-of-life care.”

Dr. Young said the policy goes beyond a single statement of opposition to physician-assisted suicide to include “support for patient dignity and the alleviation of pain and suffering at the end of life.” Additionally, it includes the Society’s commitment to “provide physicians treating terminally-ill patients with the ethical, medical, social, and legal education, training, and resources to enable them to contribute to the comfort and dignity of the patient and the patient’s family.”

The policy was one of several reaffirmed and adopted at the Society’s 2011 Interim Meeting, which brings hundreds of physicians from across the state to examine and consider specific resolutions on public health policy, health care delivery, and organizational administration by the Society’s House of Delegates, its policy-making body. Resolutions adopted by the delegates become policies of the organization. . . .

The Massachusetts Medical Society, with more than 23,000 physicians and student members, is dedicated to educating and advocating for the patients and physicians of Massachusetts. The Society publishes the New England Journal of Medicine, a leading global medical journal and web site, and Journal Watch alerts and newsletters covering 13 specialties. The Society is also a leader in continuing medical education for health care professionals throughout Massachusetts, conducting a variety of medical education programs for physicians and health care professionals. Founded in 1781, MMS is the oldest continuously operating medical society in the country. For more information, visit www.massmed.org, www.nejm.org, or www.jwatch.org.

Helium Hood Seller Pleads Guilty to Tax Fraud

http://www.latimes.com/news/local/la-me-suicide-lady-20111203,0,3503245.story

San Diego-area suicide kit seller agrees to stop sale of devices

El Cajon woman came under scrutiny when one of her products was found on a dead 29-year-old in Oregon.

By Richard Marosi, Los Angeles Times

December 3, 2011

Reporting from San Diego -- A former schoolteacher who sold suicide kits that she once touted as leaving people "eternally sleepy" pleaded guilty Friday to a tax evasion charge and agreed to stop encouraging people to commit suicide.

Sharlotte Hydorn mailed more than 1,300 of the so-called helium hood suicide kits to people around the world, concealing the true nature of the product by describing the boxes as "orchid humidifiers" or "beauty bonnets" or "plastic rain hoods" on U.S. customs forms, according to federal prosecutors.

The $60 kits actually contained a clear plastic bag, medical grade tubing and a how-to diagram. A customer would place the bag over his head, connect the tubing from the bag to a helium tank and turn the valve. Death would be caused by helium asphyxiation.

Hydorn, 91, who was once an elementary school science teacher, marketed the product to terminally ill people as a compassionate alternative. She admitted to federal agents, however, that she didn't verify the physical condition, age or identity of the people who ordered her product.

She drew scrutiny last year after one of her devices was found over the head of a dead 29-year-old man from Eugene, Ore. In May, federal agents raided her home in El Cajon, east of San Diego, where she assembled the kits with her son.

Investigators determined that the kits had been sold to at least 50 people in San Diego County since 2007. In 2010, four San Diego residents — none of them terminally ill — committed suicide using the kits, according to prosecutors.

Hydorn said she became interested in assisted suicide after watching her once-healthy husband die after a long battle with colon cancer 30 years ago. He died in a hospital bed, and she regrets not being able to respect his wishes to die in the comfort of his home.

Her product, Hydorn said, ends lives peacefully, leaving people "eternally sleepy."

In Oregon, where assisted suicide is legal under certain conditions, lawmakers have introduced a bill that would outlaw any device sold with the intent that another person use it to commit suicide.

Hydorn had failed to file federal income tax returns since 2007 and agreed to pay about $26,000 in outstanding taxes, prosecutors said. She faces a maximum penalty of one year in prison and is scheduled to be sentenced Feb. 26.

richard.marosi@latimes.com

Canada: "It's too dangerous to allow others to kill us"

http://www.calgaryherald.com/health/dangerous+allow+others+kill/5776735/story.html

By Brian Purdy - Calgary Herald - November 28, 2011

Suicide is legal, assisting it is not. The debate about the legalization of assisting suicide is in the news again, with another court case approaching the Supreme Court of Canada.

There are two points of view. The first is that every person has a right to end one's own life, so why should it not be legal to assist someone to do so? A person at the end of life can get help to end suffering and an unbearable dwindling away to an inevitable end. Why should a doctor or anyone else be made a criminal for an act of mercy?

The second view is that legalizing assisting a suicide is a dangerous slippery slope. Lord Acton, who famously said "Power corrupts, and absolute power corrupts absolutely," also said something else about power. He said, "do not grant powers on the assumption they will not be abused."

Those who take the second view think that legalizing assisting suicide would lead to the likes of "Dr. Death" Jack Kevorkian not only assisting but encouraging people to commit suicide, often in highly inappropriate cases. It might lead to "suicide parlours" where depressed but otherwise healthy people could have a final lethal cocktail. Doctors might rid themselves of long term comatose patients without proper consent. Licia Corbella has pointed out in these pages that a very large number of patients in the Netherlands have been terminated by their doctors without any consent by the patient.

Washington: A Better Response Would be to Repeal the Act as a Fraud on the Voters

By Margaret Dore

On November 16, 2011, an article appeared in a Washington State newspaper arguing for expansion of Washington's physician-assisted suicide act to direct euthanasia and to persons without a terminal disease.[1]  The author, Brian Faller, candidly admitted:  "To improve the chances of passage, the Death with Dignity Act was written to apply only to the choices of the terminally ill who are competent at the time of their death."[2]  Now, he shows the other side's true colors.

In any case, this is my response:

Dear Editor:

I am an attorney who has written multiple articles about our physician-assisted suicide act. I am also President of Choice is an Illusion, a non-profit corporation opposed to assisted-suicide. I disagree with Brian Faller that our physician-assisted act should be expanded to include direct euthanasia. A better course would be to repeal that act as a fraud on the voters.

Our assisted-suicide act was enacted as Initiative 1000 in 2008 and went into effect in 2009. During the election, proponents claimed that its passage would assure individuals control over their deaths. The act is instead a recipe for elder abuse. Key provisions include that a patient’s heir, who will benefit financially from his death, is allowed to actively assist him to sign up for the lethal dose. Specifically, an heir is allowed to be one of two witnesses on the lethal dose request form. In the context of a will, the same situation would create a presumption "duress, menace, fraud, or undue influence." (RCW 11.12.160(2)).

There are also no witnesses required at the death. Without disinterested witnesses, the opportunity is created for someone else, including an heir, to administer the lethal dose to the patient without his consent. Even if he struggled, who would know?

The idea that our act promotes patient control or individual liberty is untrue. Our act instead puts older people and others in the cross-hairs of abuse. For more information, please see www.choiceillusion.org and click on the page for Washington State.

* * *

[1]  Brian Faller, "Perhaps it's time to expand Washington's Death with Dignity Act, The Olympian, November 16, 2011, available at http://www.theolympian.com/2011/11/16/1878667/perhaps-its-time-to-expand-washingtons.html

[2]  Id.

Canada: Anti-suicide laws have served him well

http://www.timescolonist.com/health/Anti+suicide+laws+have+served+well/5731465/story.html
By John Coppard, Times ColonistNovember 18, 2011

The editorial "Time to talk on right to die" asserts the time is now right to discuss this critically important topic (Nov. 16). 

I submit that the time passed a little over a year ago, when parliamentarians overwhelmingly rejected private member's bill C-384 seeking to legalize physician-assisted suicide and euthanasia by a vote of 228 to 59.
Representatives of all parties recognized the dire risks to public safety of giving physicians the legal right to take their patients' lives, and our health-care system, and even friends and relatives, the legal right to steer ill people toward suicide. Our democratic representatives correctly saw this as open to abuse, and bad public policy.

The "Carter case" now ongoing in Vancouver is an attempt to end-run Parliament.

As a person who is "grievously and irremediably ill" with Grade IV brain cancer, I would be affected should this case succeed. Two and a half years after being given a 20 per cent chance of surviving five years, I am doing very well on a medication approved by Health Canada only a year ago, within a week of my cancer coming back.

Had I been given the legal choice of assisted suicide when I first received my terrible prognosis, or when my cancer returned, when I felt hopeless, I don't know what I would have done.

Now I'm doing very well, thanks to medical advancements that are coming faster than at any time in our history. Our anti-suicide laws protected me and gave me a chance for a long and happy life, just as they were intended to do.

John Coppard
Victoria

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).