"Prescribe or Refer" Is Anti-Patient: Doctors Are Not Allowed to Use Their Best Judgment for Individual Patients (No More Jeanette Halls)

Margaret Dore, Esq., MBA

By Margaret Dore Esq., MBA - updated 05/12/18

A Wisconsin bill seeking to legalize assisted suicide, requires the patient's attending physician to "prescribe 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 will do it.

The bill, AB 216, also says that the attending physician's failure to comply is "unprofessional conduct" such that the physician would be subject to discipline. The bill states:

[F]ailure of an attending physician to fulfill a request for medication [the lethal dose] constitutes unprofessional conduct if the attending physician refuses or fails to make a good faith attempt to transfer the requester's care and treatment to another physician who will act as attending physician under this chapter and fulfill the request for medication. (Emphasis added).*

A significance of prescribe or refer is that it's anti-patient, by not allowing doctors to use their best judgment for individual patients.

Vermont Report on Assisted Suicide (and Euthanasia)

From True Dignity Vermont

On January 15, 2018, the Vermont Department of Health presented its first report to the legislature and public on the implementation of the state’s physician assisted suicide [and euthanasia] law.  The legislature had passed the law, Act 39, in 2013 and replaced it in 2015 with Act 27, which maintains Act 39 under “Oregon-style” regulations, including a requirement for biennial reporting.

The law has been in effect for four years, and the current report covers all of them.

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Delaware: Death Certificate Falsification Requires Opposition to HB 160

Kirk Allison, PhD

Dear Legislators:

I directed the Program in Human Rights and Health at the University of Minnesota School of Public Health from 2006-2016 and am a past chair of the American Public Health Association's Ethics Special Primary Interest Group (now Ethics Section).

While working on my dissertation I was a visiting preceptor (research rotation) at the Hennepin County (Minnesota) Medical Examiner's Office. It was greatly impressed upon me the need for scientific accuracy in the medico-legal documentations of death.

Victoria's Euthanasia Bill Is Not What it Was Promised to Be

Fabian Stahle has issued a thoughtful and detailed report regarding Oregon's six months of live criteria, which is determined in practice to include people with years to live, and not necessarily on a voluntary basis.

The material below is on page 4 of his report, regarding Victoria, which recently enacted a similar standard. I urge readers to also consider his entire report at this link.

Utah: Assisting In Suicide Should Have Legal Recourse

Deseret News Editorial Board

Occasionally, someone commits a crime so heinous and disturbing it leads to demands for specific changes in law. Such is the case in Utah in the wake of the suicide of a 16-year-old girl and the efforts of a young man accused of helping, abetting and encouraging her.

A bill before the Utah Legislature would add assisted suicide to the state’s manslaughter statute. That is an appropriate measure that could give law enforcement authorities more prosecutorial leverage.

Iowa: "Slippery Slope" Is Real

The question of suicide facilitated by medical professionals, physician assisted suicide (PAS), has garnered a great deal of interest on this editorial page. While many of us have poignant stories to tell, anecdotes do not suffice when debating such crucial matters for society.

In the past, Editorial Page Editor Mr. Jon Alexander has rightly advocated for the importance of research in public policy. However, he seems to have set aside his own advice in this case. A careful look at the data from around the world would have revealed that, far from being a “red herring,” the “slippery slope” argument is based not on irrational fear, but on solid information.

Oregon Assisted Suicide/Euthanasia Law Applies to Diabetics

The article below leaves out that "diabetes mellitus" (diabetes) is listed in Oregon's annual reports as an "underlying illness" sufficient for death under Oregon's assisted suicide/euthanasia law.

Click here to view a declaration by Oregon doctor, William Toffler, explaining why this is true. Click here to view the report by Fabian Stahle, quoted below.

Diabetics Eligible For Assisted Suicide &  in Oregon, State Official Say 

By Bradford Richardson - The Washington Times - January 11, 2018

Patients Unprotected Due to "Eraser" Clause (Paragraph 25)

Debating Chamber

By Margaret Dore, Esq., MBA

New Zealand's bill seeking to legalize assisted suicide and euthanasia has passed first reading.[1]

The bill's explanatory note claims that patients will be protected by a "comprehensive set of provisions to ensure free choice, made without coercion." In fact, patients who die under the bill will not even be protected against predators who willfully fail to follow the touted provisions.

Update: Woman Who Mistakenly Thought She had a Terminal Illness Meets Her Rescuers

BC:  A Ladysmith artist who survived five hours in the frigid waters of the Salish Sea in late October and the rescuers who gave her a second chance at life were both struck with emotion as they met again in Ladysmith on Sunday.

 “They were absolutely amazing and so compassionate and it was just such a beautiful meeting – I totally remembered the faces of the two guys that pulled me out of the water, ” said Mya DeRyan.

Woman Tries To Kill Herself After Terminal Diagnosis Only To Find Out It Was Wrong

By Katie Serena

After receiving a terminal diagnosis, Mya DeRyan decided to end her life on her own terms -- but things didn't quite go as planned.

A Canadian woman has discovered a “new lease on life” after a close call with death.

Last month, Mya DeRyan was fished from the frigid waters off the coast of Vancouver, after jumping from the deck of a ferry.

Is Self-Administration Enforceable?

By Margaret Dore, Esq.

Victoria's deceptively named Voluntary Assisted Dying Bill uses the term, "self-administer," at least 30 times.[1] Indeed, self-administration of the lethal dose was a major selling point of the bill, to convince the public and Parliament that patients would be in control.

But, the term is not defined.

Wrap Up Australia: New South Wales and Victoria

Rachel Carling-Jenkins, Victoria MP

Two weeks ago, the Upper House of New South Wales defeated a bill seeking to legalise assisted suicide and euthanasia.[1] Last week, Victoria's Upper House went the opposite direction, voting to approve a similar bill 22 to 18.[2]

The vote in Victoria was disappointing, but featured a marathon debate in which MPs, such as Rachel Carling-Jenkins, focused on what the bill actually said and did, which is not what proponents claim.

The Victoria bill is expected to return to the Lower House to address amendments.

For more detail regarding Australia, click here.

Diane Coleman's Letter to Members of the Victoria Legislative Council Opposing Assisted Suicide

Diane Coleman, JD

I am writing behalf of Not Dead Yet, a national disability rights group in the U.S. that opposes legalization of assisted suicide. We understand that a proposal in Victoria would pertain specifically to neuromuscular disabilities. This letter will focus on misdiagnosis and the uncertainty of terminal predictions by doctors, as well as the significance of breathing support for those of us with these conditions. My own experience illustrates the issues.

Australia: Bill to Legalize Assisted Suicide and Euthanasia Defeated in New South Wales

NSW Legislative Council

Today, the New South Wales' Upper House voted against a purported "Voluntary Assisted Dying Bill."

The bill would have legalized assisted suicide and euthanasia, on both a voluntary and non-voluntary basis, for dying and non-dying people. The vote 19 to 20.

To learn more about assisted suicide and euthanasia in Australia, click here.

South Dakota: Measure Dead

An initiated measure, seeking to legalize assisted suicide and euthanasia in South Dakota, is dead. From the Associated Press:

"Supporters said Monday that they didn't collect enough signatures for the proposed ballot questions."

Thank you to everyone who worked so hard to get this result.

Margaret Dore, Esq., MBA, President

Victoria: Elder Abuse Demands No Vote

Margaret Dore

Margaret Dore, an experienced attorney specialising in elder law in Washington State, where assisted suicide is legal, has urged Victorian MPs “to reject the proposed bill seeking to legalize assisted suicide and euthanasia.”

Her analysis of the purported "Voluntary Assisted Dying Bill 2017," which would legalise euthanasia as well as assisted suicide, can be read in full here.

Dore points out that in “Oregon and Washington State, most people who die under their [assisted suicide] laws are elders, aged 65 or older. This demographic is already an especially at risk group for abuse and financial exploitation. This is true in both the US and Australia.

An Open Letter to the Parliament of Victoria: Say "No" to Assisted Suicide & Euthanasia

I am a lawyer in Washington State USA where assisted suicide is legal. Last year, I presented as an expert on assisted suicide to a Victoria Parliamentary Committee in Oregon USA. I am writing to urge you to vote "No" on the proposed euthanasia bill, which allows non-voluntary deaths for non-dying people.  

Specific problems:

1. Patient protections are unenforceable due to the bill's "accordance" language;
2. Assisting persons can have an agenda, for example, to obtain an inheritance, or in the case of a doctor, to obtain cover for medical error.
3. The bill allows the death to occur in private without witnesses. If the patient objected, or even struggled, who would know?

Victoria's Assisted Suicide and Euthanasia Bill: Oregon's Statistics Provide Little, If Any, Support for Passage Due to Physical Pain

By Margaret Dore, Esq., MBA

According to Oregon’s official government statistics, there were 47 people who died under its assisted suicide law in 2016, who expressed the following concerns:

Inadequate pain control or concern about it. (Emphasis added).[1]

With use of the word, “or,” the total number of persons with inadequate pain control could have been zero. In the alternative, the total number could have been as high as 47.

Margaret Dore Analysis Opposing Victoria Euthanasia Bill

Council Chamber

To view this analysis as a pdf, click the following links containing, an index; a memo; and an appendix

I.  INTRODUCTION

I am an attorney in Washington State USA where assisted suicide is legal.[1] I am also president of Choice is an Illusion, a nonprofit corporation opposed to assisted suicide and euthanasia. Last year, I met with a parliamentary delegation from the Legal and Social Issues Committee, Parliament of Victoria, to discuss Oregon’s law and related issues.

Washington’s law is based on Oregon’s law. Both laws are similar to the proposed bill, titled the “Voluntary Assisted Dying Bill.” The bill, however, is not limited to voluntary deaths or to people near death. I urge you to reject this measure.