A Short History of Assisted Suicide and Euthanasia in Montana

By Margaret Dore, Esq., MBA                                                                                                          

Assisted suicide means that someone provides the means and/or information for another person to commit suicide.  If a doctor is involved, the practice may be termed physician-assisted suicide.  Euthanasia is the administration of a lethal agent by another person.

A.  Assisted Suicide

In 1895, the Montana Legislature enacted a criminal statute prohibiting assisted suicide as a "crime against the public safety."[1] In 1907, 1921 and 1947, this statute was re-codified, but its text remained unchanged.[2] The statute stated: "Every person who deliberately aids, or advises or encourages another to commit suicide is guilty of a felony."[3]

ADA Will Trump Euthanasia Prohibition

By Margaret Dore, Esq., MBA

Bills in New York State seek to pass a medical aid in dying act.[1] "Aid in dying" is a euphemism for active euthanasia, meaning the administration of a lethal agent to another person.[2][3]

The act also prohibits euthanasia, stating:

A health care professional or other person shall not administer the medication [lethal dose] to the patient. (Emphasis added).[4]

This prohibition is, however, unenforceable. This is due to the Americans with Disabilities Act (“ADA”).

That’s Not Assisted Suicide, That’s Murder

To view original article, click here

A Montreal couple is calling for disciplinary measures against a psychologist they say counselled one of them to kill the terminally ill other.

When Miranda Edwards was diagnosed with an aggressive form of cancer she said she was determined to fight it.

“I want to live, I want every medical intervention possible,” she said. “I will fight to the end. I will do every treatment, everything possible to stay alive.”

Speaking in Washington State USA

Margaret Dore

This evening, Margaret Dore, a lawyer and president of Choice is an Illusion, was the featured speaker at St. Louise Parish Hall in Bellevue, Washington State.

Her main topics included problems with assisted suicide in Washington and how to win in the future against legalization. She also discussed suicide contagion in Oregon.

To learn more about assisted suicide in Washington State, click here, here and here.

Special thanks to Debby Ummel who organized the event.

Washington State Act Must Be Overturned

Click here for pdf version.

Washington State’s Death with Dignity Act was passed by the voters as Initiative1000. During the election, backers touted it as providing "choice" for individuals. A glossy brochure declared, "Only the patient — and no one else — may administer the [lethal dose]." The Act does not say this anywhere.[1]

•  The Act legalized assisted suicide as that term is traditionally defined. In the fine print, the Act allows euthanasia.

New Office of Inspector General Report: Hospice Deficiencies Pose Risks to Medicare Beneficiaries

WHY WE DID THIS STUDY  

The Office of Inspector General (OIG) has identified significant vulnerabilities in the Medicare hospice benefit and found that hospices did not always provide needed services to beneficiaries and sometimes provided poor quality care.  Click here to view report.

"Do or Refer" Doctors Are Not Allowed to Use Their Best Judgment for Individual Patients (No More Jeanette Halls)

Jeanette Hall with her son Scott
shortly after she changed
her mind.

Margaret Dore Esq., MBA*

Yesterday, a doctor asked me about "do or refer" provisions in some of the newer bills seeking to legalize assisted suicide in the United States. For this reason, I now address the subject in the context of a 2018 Wisconsin bill, which did not pass.

The bill, AB 216, required the patient's attending physician to "fulfill the request for medication or refer," i.e. to write a lethal prescription for the purpose of killing the patient, or to make an effective referral to another physician, who would do it.

The bill also said that the attending physician's failure to comply would be "unprofessional conduct" such that the physician would be subject to discipline. The bill states:

Nevada: Bill All But Dead

SB 165, which would have legalized assisted suicide and euthanasia in Nevada, failed to make it out of its house of origin, so that it is now all but dead. According to 3 News Las Vegas:

While the bills the couldn't make it out of committee are technically off the table, they won't officially be out of the question until the Legislative Session ends in June.

The next major deadline comes on May 17. 

Maine: Tell the Legislature to Reject Bill LD 1313; Say "No" to Assisted Suicide & Euthanasia

By Margaret Dore, Esq., MBA

Click here for pdf version.

I.  INTRODUCTION

I am an attorney in Washington State where assisted suicide is legal.[1] Our law is based on a similar law in Oregon. In the fine print, both laws allow euthanasia. Both laws are similar to the proposed bill, LD 1313.[2]

The proposed bill seeks to legalize physician-assisted suicide and euthanasia as those terms are traditionally defined. If enacted, the bill will apply to people with years or decades to live. Individuals with money, meaning the middle class and above, will be especially at risk. I urge you to reject LD 1313.

Press Release: Maine Death with Dignity Bill Will Create a Perfect Crime

AUGUSTA, MAINE, UNITED STATES

Dore: “The proposed bill is a recipe for abuse, exploitation and legal murder.”

“Persons assisting a suicide or performing a euthanasia can have an agenda to benefit themselves.”

Contact: Margaret Dore, Esq., MBA

(206) 697-1217

Attorney Margaret Dore, president of Choice is an Illusion, which has fought assisted suicide and euthanasia legalization efforts in many states, and now Maine, made the following statement in connection with a scheduled hearing on a bill seeking to legalize assisted suicide and euthanasia in that state. (Bill LD 1313 , H.P. 948). Hearing Wednesday, 04/10/19, 9:00 A.M., Joint Committee on Health & Human Services, Cross Building, Room 209, State Capitol, Augusta Maine.

American Nursing Association's Draft Position Statement Regarding Euthanasia and Assisted Suicide Is "Misleading and Dangerous"

By Margaret Dore, Esq., MBA

The ANA Center for Ethics and Human Rights Advisory Board is seeking public comment on a proposed position statement, "The Nurse's Role When a Patient Requests Aid in Dying."

"Aid in Dying" is a traditional euphemism for assisted suicide and euthanasia. The first paragraph of the proposed statement is set forth below, followed by my responding submission.

To New Jersey Governor Phil Murphy: Veto Flawed Euthanasia Act (Bill A. 1504 Second Reprint)

Governor Murphy

By Margaret Dore, Esq., MBA

To view pdf version, click here

1.  The Act 

The Act legalizes “aid in dying,” a traditional euphemism for active euthanasia.[1] The Act is based on similar laws in Oregon and Washington State.

2.  Pushback Against Assisted Suicide       and Euthanasia

In the last ten years, nine states have strengthened their laws against assisted suicide and/or euthanasia: Alabama, Arizona, Georgia, Idaho, Louisiana, New Mexico, Ohio, South Dakota and Utah.[2]

Connecticut: Division of Criminal Justice Opposes Death Certificate Falsification

To view original document, click here

TESTIMONY OF THE DIVISION OF CRIMINAL JUSTICE

H.B. No. 5898 (RAISED) AN ACT CONCERNING AID IN DYING FOR TERMINALLY ILL PATIENTS.

JOINT COMMITTEE ON PUBLIC HEALTH
March 18, 2019

The Division of Criminal Justice takes no position on the concept of H.B. No. 5898, An Act Concerning Aid in Dying for Terminally Ill Patients, but must raise the same concerns that we brought to the Joint Committee on Judiciary when similar legislation was proposed in 2015 (H.B. No. 7015). We state again, as we did then, that the bill as now written could have unintended and very unwelcome consequences.

Press Release: Proposed Bill Will Create a Perfect Crime

Dore: “The bill seeks to legalize ‘aid in dying,’ which is a traditional euphemism for active euthanasia.”

Contact: Margaret Dore, Esq., MBA

(206) 697-1217

Hartford, CT - Attorney Margaret Dore, president of Choice is an Illusion, which has fought assisted suicide and euthanasia legalization efforts in many states and now Connecticut, made the following statement in connection with a legislative hearing on a bill seeking to legalize assisted suicide and euthanasia in that state. (Committee Bill 5898, hearing Monday, 03/18/19, 10:30 A.M., Public Health Committee, Legislative Office Building, Room 1D). 

Maryland: Attorney Sara Buscher Opposes Assisted Suicide

RE:  SB 311

Please do not vote for  this bill to be reported out of committee. Do everything you can to oppose passage.

Under the bill, safeguards end when the lethal dose is in the home. With no required witness, if the person struggled, who would know?

Slayers can inherit because 5-6A-11 (D)(2) says a death with such a lethal dose is not homicide.

Elder abuse affects 1 in 10 elders and triples their risk of death. https://www.ncoa.org/public-policy-action/elder-justice/elder-abusefacts/