MAAS Will Appeal

On December 13, 2013, District Court Judge Mike Menehan dismissed MAAS's appeal with the Montana Medical Examiners Board. The order ruled that the appeal was moot due to the Board's having recently rescinded "Position Statement No. 20."  (Order, pp. 5-8).  The order also refers to Montana's assisted suicide case, Baxter v. State, as providing a defense to a homicide charge, as follows:

On December 31, 2009, the Montana Supreme Court issued its opinion in Baxter v. State, 2009 MT 449, 354 Mont. 234, 224 P.3d 1211, in which it held that under section 45-2-211 MCA, a terminally ill patient's consent to physician aid in dying constitutes a statutory defense to a physician charged with the criminal offense of homicide.  (Order, page 2, lines 17-21).

This part of the order is consistent with Greg Jackson's and Matt Bowman's article, Baxter Case Analysis, Spring 2010 ("the Court's narrow decision didn't even "legalize" assisted suicide"). Available at http://www.choiceillusionmontana.org/p/baxter-case-analysis.html

Since Baxter, there have been two bills proposed in the Montana Legislature to legalize assisted suicide.  Both bills, SB 167 and SB 220, have failed.  Assisted suicide is not legal in Montana.

MAAS is disappointed with the dismissal, but pleased with that the order addresses Baxter, over which there is ongoing controversy as to its meaning..  MAAS will appeal.

* * *

For information about problems with assisted suicide and how it puts people at risk, see http://www.choiceillusionmontana.org/p/quick-facts-about-assisted-suicide.html 

Judge Hears Assisted Suicide Arguments

http://www.kxlf.com/news/montana-judge-hears-assisted-suicide-arguments/

Posted: Dec 11, 2013 4:38 PM by Sanjay Talwani - MTN News

HELENA - The issue of physician assisted suicide was in court Tuesday [December 10, 2013]

Judge Michael Menehan

Montanans Against Assisted Suicide is arguing that a policy position by the Montana Board of Medical Examiners implies that physician assisted suicide may be legal. 

A lawyer for the Board says that the position - since rescinded, says no such thing. Michael Fanning says the group bringing the lawsuit has no real case is trying to force the issue to the Montana Supreme Court.

The position paper, written in response to doctor inquiries, said that the board would handle complaints related to assisted suicide on a case-by-case basis as it would other cases.

Margaret Dore
Attorney for Montanans
Against Assisted Suicide (MAAS)

Margaret Dore, an attorney for MAAS, said the paper overstepped the Board's authority and implied to many that assisted suicide was legal in Montana.

"They are a board that is comprised of 11 doctors and two members of the public," she said. "It has no expertise to be making a pronouncement, that aid in dying is legal in Montana. That's the role of the legislature or a court and they are neither."

She said that such an understanding had huge implications in devaluing the lives of the sick and elderly.

That position paper - in response to the lawsuit - has since been rescinded by the Board and scrubbed from its website. But Dore said court action was still needed to prevent the Board from reinstating such a position.

She repeatedly asked District Judge Mike Menahan to weigh in on a Montana Supreme Court ruling known as Baxter, that envisions potential defenses to doctors charged with homicide for assisting with suicide.

But Menehan said it wasn't the role of a district judge to rule on a Montana Supreme Court order.

Craig Charlton

Attorney for MAAS

Michael Fanning, an attorney for the Board, said MAAS had no standing to bring the lawsuit, has suffered no damages from the Board's rescinded position and was simply jockeying to get the case before the Montana Supreme Court in hopes of overturning the Baxter ruling.

"This most certainly is a political question, a philosophical question or an academic debate, but it is not a lawsuit," he said. "In fact, this is a feigned case. It was contrived simply to bring this matter before you."

Menahan did not immediately rule on the case.

[Montanans Against Assisted Suicide (MAAS) is also represented by attorney Craig Charlton].

Great Falls Event a Great Success!

MAAS's Great Falls event at the Hilton Garden Inn on June 29, 2013 was a great success!  Keynote speaker Alex Schadenberg provided good humor and shared his wealth of knowledge of the international situation on assisted suicide.

Washington State Attorney, Margaret Dore, provided extensive course materials, which can be viewed by clicking here.  Attorneys were provided 1.0 CLE credit.

Feedback comments included: "I was very moved by the personal stories of the presenters" and "Carol Mungas, Carley Robertson, very powerful personal testimonies."  To view other comments, please click here.

To view the event flyer, click here.  To sponsor a similar event in your community, please click here.

Beware of Vultures: Senator Jennifer Fielder on Compassion & Choices

"[I]t seems odd that the top lobby spender in Montana this year was Compassion and Choices, a 'nonprofit' group that spent $160,356 advocating for legalization of assisted suicide."

By Senator Jennifer Fielder

As we wrangled through the budget this spring, the beautiful state capitol began to feel like a big, ripe carcass with a dark cloud of vultures circling about.  

Senator Jennifer Fielder

The magnitude of money in government attracts far more folks who want to be on the receiving end than it does those who just want fair and functional government. Until that ratio improves, it may be impossible to rein in unnecessary regulation and spending. 

Special interest groups spent over $6 million dollars on lobbyists to pressure Montana legislators during the 2013 session. Seems like a lot of money, until you compare it to the billions of taxpayer dollars at stake. Does the average taxpayer stand a chance against organized forces like that?

Assisted suicide: Senate bill was defeated

http://www.ravallirepublic.com/news/opinion/mailbag/article_f38cc835-638d-59c1-bd88-880c1cb3c1c8.html 

June 09, 2013 9:45 am

I was appalled to read Charles Johnson’s article implying that assisted suicide is legal in Montana. To the contrary, Senate Bill 220, which had sought to legalize assisted-suicide, was defeated in committee during the 2013 legislative session. The bill was tabled, nine votes to three. See www.montanansagainstassistedsuicide.org/p/sb-220-tabled.html.

Individuals and Groups Who Worked with MAAS in the 2013 Legislative Session

The following is a sampling of individuals and groups who worked with Montanans Against Assisted Suicide during the 2013 legislative session:

1.  112 Montana doctors who joined together to support HB 505.  See this link for their press release:  http://www.montanansagainstassistedsuicide.org/2013/03/112-montana-physicians-who-support-hb.html

2.  The national disability rights group, Not Dead Yet, with members in Montana, endorsed HB 505.  See http://www.montanansagainstassistedsuicide.org/2013/03/not-dead-yet-supports-hb-505.html

3.  Carol Mungas, the widow of a prominent physician who was euthanized by nurses against his will in Great Falls, endorsed HB 505.  See http://www.montanansagainstassistedsuicide.org/2013/03/i-support-house-bill-505-which-clearly.html

We're Doing some Summer Cleaning - Please excuse the mess

If the site "looks funny," we're doing updates on the site.

It will be back to normal soon.

Thanks so much!

Assisted suicide is still not legal

http://missoulian.com/news/opinion/mailbag/dignity-in-death-assisted-suicide-is-still-not-legal/article_1e19a630-b332-11e2-8c96-0019bb2963f4.html

May 2, 2013

I disagree that the defeat of House Bill 505 somehow renders assisted suicide legal under the Montana Supreme Court case, Baxter v. State. (“Montana Senate rejects doctor-assisted suicide bill”).

In the 2011 legislative session, Sen. Anders Blewett and I introduced competing bills in response to Baxter, which did not legalize assisted suicide. Baxter does, however, have toe-in-the-door type language, which invites legalization in the future. Neither bill passed. His bill had sought to legalize assisted suicide; mine had sought to reverse Baxter.

During the hearing on Blewett’s bill, he conceded that assisted suicide was not legal under Baxter. He said: “under the current law ... there’s nothing to protect the doctor from prosecution.” Dr. Stephen Speckart provided similar testimony: “most physicians feel significant dis-ease with the limited safeguards and possible risk of criminal prosecution after the Baxter decision.” (To view a transcript, see http://maasdocuments.files.wordpress.com/2011/07/blewett_speckhart_trans_001.pdf .)
This session, there was a similar situation. SB220, which had sought to legalize assisted suicide, was defeated. HB505, which would have reversed Baxter, was also defeated.

In other words, Baxter, which did not legalize assisted suicide, remains the law. Assisted suicide is not legal in Montana. For more information, see www.montanansagainstassistedsuicide.org/p/baxter-case-analysis.html .

Greg Hinkle,
Senator (ret.)
Thompson Falls

"If [Kress] is convicted, it will be under Baxter, not HB505."

http://missoulian.com/news/opinion/mailbag/physician-assisted-suicide-bill-will-not-be-retroactive/article_754b842a-adb8-11e2-b78b-0019bb2963f4.html

Physician-assisted suicide:  Bill will not be retroactive

Dr. Eric Kress, who claims to have assisted three suicides, is either uniformed or disingenuous about the legality of assisted suicide as described in his guest column (April 7). The present law, as taken from the Baxter case, is that under certain circumstances a physician who assisted someone to kill himself has a defense to a charge of homicide. If the doctor is charged with homicide and convinces a jury of certain facts, he will not be convicted.

Kress claims instead that his conduct will be judged under House Bill 505, which if enacted, will clarify the law of assisted suicide in the future. HB505 is not retroactive and will not apply to Kress and his three cases. If he is convicted, it will be under Baxter, not HB505.

I started out thinking that I was for legalizing physician-assisted suicide and moved to the other side after listening to the evidence. Legalizing physician-assisted suicide will lead to elder abuse. I support HB505, which clearly prohibits physician-assisted suicide.

Jim Shockley, Attorney at Law, 

Victor MT

MD responds to doctor's opinion piece supporting physician-assisted suicide

http://www.ravallirepublic.com/news/opinion/mailbag/article_b83d6983-15cf-5aac-91ac-877c6e4d2eee.html?print=true&cid=print

April 26, 2013 12:16 pm  

I am a general medical practitioner with 30 years’ experience. I work in emergency medicine, with nursing home residents and with incarcerated persons. I have two issues with Dr. Eric Kress's (April 7) opinion describing his assistance of three suicides. First, since when did assisted suicide become legal? Second, I have concerns about the cases he describes.

Kress claims that his patients were not depressed. His description of one of those patients, however, suggests otherwise. Someone who is "often … found weeping and bemoaning the miserable fated that had befallen him" sounds depressed and unrecognized and untreated. And, someone who is "experiencing increasing pain in his chest…" may have needed different medications. There is essentially no pain that cannot be treated, though a secondary effect may be to hasten death. I do not know the medical facts of these cases; I do know that there were other options than committing suicide, whether or not they were explored.

Doctors’ diagnoses can also be wrong. I have seen patients in my own practice live longer than expected. With this situation, patients participating in medical suicides can be throwing away their lives. I have also seen suicidal people get better, and rebuild lives that looked pretty grim. I do not agree that doctors or anyone else should be assisting other people to commit suicide.

Carley C. Robertson, MD,
Havre

Oregon resident would not be alive today if she had used physician-assisted suicide

http://www.ravallirepublic.com/news/opinion/mailbag/article_5e415659-29c8-5891-9ea1-bb63834c6435.html

This letter responds to the (April 7) guest column by Dr. Eric Kress promoting assisted suicide. If Kress had been my doctor in 2000, I would be dead.

I live in Oregon, where physician-assisted suicide is legal. In 2000, I was diagnosed with cancer and told that I had six months to a year to live. I knew that our law had passed, but I didn’t know exactly how to go about doing it. I tried to ask my doctor, but he didn’t really answer me.

I did not want to suffer. I wanted to do our law and I wanted my doctor to help me. Instead, he encouraged me to not give up and ultimately I decided to fight. I had both chemotherapy and radiation. It is now 12 years later. I am so happy to be alive!

Last month, doctors in Montana contacted me to let them use my story to promote House Bill 505, which is a bill to prevent assisted suicide in Montana. This is a link to their recent press release: www.montanansagainstassistedsuicide.org/2013/03/112-montana-physicians-who-support-hb.html.

Vote “yes” on HB505.

Don’t make Oregon’s mistake.

Jeanette Hall,
King City, Ore.

HB 505 IS BLASTED TO THE SENATE FLOOR!!!!!

This afternoon, the Montana Senate blasted HB 505 to the floor in a 31 to 17 Vote!!!!

Thank you to everyone who worked so hard to get us this far!!!!

Please keep up the pressure to tell your Senators to vote "Yes"!

Yeah!!!!!

HB 505 Fact Sheet (Preventing “Purposely” Assisting Suicide)

By Margaret Dore, Esq,
For a print version, click here

1. What is HB 505?

HB 505 is a short two page bill that will end the confusion over whether physician-assisted suicide is legal in Montana.  The bill does this by clearly stating that physician-assisted suicide is not legal.

2. What is Assisted Suicide? 

Assisted suicide means that someone provides the means and/or information for another person to commit suicide.  When a physician provides the means and/or the information, the term is physician-assisted suicide.  Other involved persons can include family members who assist the suicide, for example, by taking the patient to the doctor.  Such persons do not always have the best interest of the patient at heart.

3. Who Supports HB 505?

HB 505 is supported by 112 Montana physicians who joined together to run supporting ads throughout the state.  HB 505 is also supported by Montanans Against Assisted Suicide, which has submitted 4000 plus signatures against assisted suicide into the Senate Judiciary Committee.  See http://www.montanansagainstassistedsuicide.org/2013/03/support-for-hb-505_3117.html

Don't Give Doctors More Power to Abuse Patient Choice: Vote "Yes" on HB 505

Prepared by Margaret Dore, Esq.

For a print version, click here

1.  Letter from Kate Kelly to the Senate Judiciary Committee, A Response to David “Doc” Moore, March 24, 2013 (“If these terrible deaths happen when aid in dying (assisted suicide and euthanasia) is not legal, what will happen if these practices are made legal? Doctors will have even more power to take away patient choice”).  Letter available at http://www.choiceillusionmontana.org/2013/03/a-response-to-representative-moore.html

2.  Letter from Mike Moe to the Senate Judiciary Committee, March 23, 2013 (“Please vote for  HB 505 to prevent doctors and nurses from having more power to cause patient deaths. They abuse the power they already have. Please consider my mother’s story . . .”).  Letter available at http://www.choiceillusionmontana.org/2013/03/vote-for-hb-505-to-stop-bad-situation.html

3.  Letter from Carol Mungas to the Great Falls Tribune, March 14, 2013 (“As illustrated by my husband’s case, doctors and nurses already abuse the power they have.  The stakes are too high to consider expanding their power by legalizing assisted-suicide”).  Letter available at http://www.choiceillusionmontana.org/2013/03/i-support-house-bill-505-which-clearly.html

4.  Letter from Gail Bell to the Ravalli Republic, March 5, 2013 (“Because of my mother’s experiences, I no longer believe in “physician-assisted suicide.  Support House Bill 505").  Letter available at http://www.choiceillusionmontana.org/2013/03/because-of-my-mothers-experiences-i-no_8.html

"Once in place, this 'trend' is not controllable"

Dear Senators:

For those of you who don't know me, I am an attorney in Washington state where physician-assisted suicide is legal. I am writing to urge you to not make Washington's mistake by allowing assisted suicide/euthanasia to become part of your state's legal fabric.  Once in place, this "trend" is not controllable.  I urge you to vote "Yes" on HB 505 to clearly state that assisted suicide is not legal in Montana.

Support for HB 505

The following is a sampling of individuals and groups who support HB 505.

1.  112 Montana doctors have joined together to support HB 505.  See this link for their press release:  http://www.choiceillusionmontana.org/2013/03/112-montana-physicians-who-support-hb.html

 

2.  Montanans Against Assisted Suicide has submitted 4000 plus signatures against assisted suicide into the Senate Judiciary Committee.
  

3.  The national disability rights group, Not Dead Yet, with members in Montana, has endorsed HB 505.  See http://www.choiceillusionmontana.org/2013/03/not-dead-yet-supports-hb-505.html

 

4.  Carol Mungas, the widow of a prominent physician who was euthanized by nurses against his will in Great Falls, has endorsed HB 505.  See http://www.choiceillusionmontana.org/2013/03/i-support-house-bill-505-which-clearly.html 

 

5.  Montanans, Mike Moe and Gail Bell, with similar experiences, have endorsed HB 505.  See http://www.ravallirepublic.com/news/opinion/mailbag/article_62957251-de74-59bf-9b91-b262b62c3f66.html?print=true&cid=print and http://www.choiceillusionmontana.org/2013/03/because-of-my-mothers-experiences-i-no_8.html

 

6.  The Daily Inter Lake endorsed HB 505.  See http://www.choiceillusionmontana.org/2013/03/daily-interlake-urges-passage-of-hb-505.html

Why HB 505 is Needed Now

By Margaret Dore

Last week, a Montana doctor admitted assisting three suicides during a hearing on HB 505.[1]  He claimed that his actions were legal based on the Baxter case.  Baxter did not, however, legalize assisted suicide, which has been conceded by other suicide proponents.[2], [3]  Baxter is, however, subject to ongoing controversy.    

Any counter move to protect the public, such as prosecution of the doctor, will be complicated by the controversy surrounding Baxter.  Moreover, as with any litigation, the outcome is not certain.  For this reason, the doctor's prevailing is a possibility.  If he does prevail, another possibility is that legalization of assisted suicide will occur by judicial fiat.  Whether this actually occurs will depend on the facts, the judge and other circumstances.

On the other hand, if HB 505 is enacted, there will be a clear statement going forward that assisted suicide is not legal.  The negative consequences of legalization, such as elder abuse, will be avoided.

This is why HB 505 is needed now.  To stop the confusion and protect the public.  The stakes are too high to leave the outcome to chance.

Tell your legislators to vote "Yes" on HB 505!
_____
[1] Briana Wipf, "Emotions flow over assisted suicide during Senate hearing," Great Falls Tribune,  March 30, 2013, available at http://www.greatfallstribune.com/apps/pbcs.dll/article?AID=2013303260026
[2] See Greg Jackson and Matt Bowman, “Analysis of Implications of the Baxter Case on Potential Criminal Liability,” Spring 2010, at  http://www.montanansagainstassistedsuicide.org/p/baxter-case-analysis.html
[3]  During a Senate hearing in 2011, assisted suicide proponent, Senator Anders Blewett, said:  “[U]nder current law, ... there’s nothing to protect the doctor from prosecution.”  ( http://maasdocuments.files.wordpress.com/2011/07/blewett_speckhart_trans_001.pdf ).  Dr. Stephen Speckart, another proponent, made a similar statement: "[M]ost physicians feel significant dis-ease with the limited safeguards and possible risk of criminal prosecution after the Baxter decision."  (Id. at p.2)

Support for HB 505

The following is a sampling of individuals and groups who support HB 505.

1.  112 Montana doctors have joined together to support HB 505.  See this link for their press release:  http://www.montanansagainstassistedsuicide.org/2013/03/112-montana-physicians-who-support-hb.html

 

2.  Montanans Against Assisted Suicide has submitted 4000 plus signatures against assisted suicide into the Senate Judiciary Committee.
  

3.  The national disability rights group, Not Dead Yet, with members in Montana, has endorsed HB 505.  See http://www.montanansagainstassistedsuicide.org/2013/03/not-dead-yet-supports-hb-505.html

 

4.  Carol Mungas, the widow of a prominent physician who was euthanized by nurses against his will in Great Falls, has endorsed HB 505.  See http://www.montanansagainstassistedsuicide.org/2013/03/i-support-house-bill-505-which-clearly.html 

 

5.  Montanans, Mike Moe and Gail Bell, with similar experiences, have endorsed HB 505.  See http://www.ravallirepublic.com/news/opinion/mailbag/article_62957251-de74-59bf-9b91-b262b62c3f66.html?print=true&cid=print and http://www.montanansagainstassistedsuicide.org/2013/03/because-of-my-mothers-experiences-i-no_8.html

 

6.  The Daily Inter Lake endorsed HB 505.  See http://www.montanansagainstassistedsuicide.org/2013/03/daily-interlake-urges-passage-of-hb-505.html

Physician-Assisted Suicide Part of Elder Abuse Fraud

On March 26, 2013, Philip Tummarello, a retired police Sergeant Inspector, testified before the Montana Senate Judiciary Committee on on behalf of HB 505.  His testimony included the Thomas Middleton case in which physician-assisted suicide had facilitated the defrauding of an elderly man.  An article from KTVZ.com states: 

"State and court documents show Middleton, who suffered from Lou Gehrig's disease, moved into Sawyer's home in July 2008, months after naming her trustee of his estate, The Bulletin reported Saturday.  Middleton deeded his home to the trust and directed her to make it a rental until the real estate market improved.

Instead, Sawyer signed documents that month to list the property for sale, two days after Middleton died by physician-assisted suicide.  The property sold in October of that year for more than $200,000, the documents show, and it was deposited into an account for one of Sawyer's businesses, Starboard LLC, and $90,000 of that was transferred to two other Sawyer companies, Genesis Futures and Tami Sawyer PC."  (Emphasis added).

To read the entire article, go here: http://www.ktvz.com/news/Sawyer-Arraigned-on-State-Fraud-Charges/-/413192/619440/-/view/print/-/1w9ly3z/-/index.html

 

"Older people are no longer valued as they were before"

Testimony to the Senate Judiciary Committee by Elizabeth Poiana:

I am a  high school student in Washington State where assisted suicide is legal. I want to become a doctor.

My mother is a caregiver.  Sometimes I help her with her clients.

I am here to tell you about how older people are at risk in Washington, from doctors and hospitals. I will also talk about.how attitudes about older people have changed for the worse.  This is especially true since our assisted suicide law was passed in 2008.

I grew up in an adult family home. An adult family home is a small elder care facility located in a residential home.  The caregivers live in the home with the clients.

My parents and two of my brothers lived in the home.  With the clients there, it was like having six grandparents at once.  It was a very happy environment.

This was true for the clients too, no matter what their condition was or how long they had to live. My mom could make them happy even when they were dying. The clients' family members were supportive and seemed happy too and never suggested that one of the clients should die.

Today, in 2013, we no longer live in an adult family home.  My mother is a caregiver for private clients.  She also now fears for her clients, especially in the hospital.   She is afraid that the hospital will begin "comfort care" (that's morphine) and her patient will suddenly die. This has already happened.  She tries to never leave her patients alone in the hospital. Either she or a family member will be there.

She has also had one client where a family member wanted the client to do the assisted suicide.

In short, older people are no longer valued as they were before.

I hope that you will not follow our path. Vote "yes" on HB505

Elizabeth Poiana

Daily Interlake Urges Passage of HB 505

Slippery Slope of Assisted Suicide

http://www.dailyinterlake.com/opinion/editorials/article_25f14270-9373-11e2-9930-001a4bcf887a.html?mode=print

Montanans have a libertarian leaning towards a live-and-let-live philosophy, but what about live-and-let-die?

Physician-assisted suicide continues to be the subject of legislation in Helena, and so far lawmakers have justifiably advanced legislation that would ban the practice and make it clear that “consent of the victim” is not a valid defense for a physician who assists a person with suicide.

One’s initial reaction might be to wonder why the Legislature is putting itself in a position of interfering with the autonomy of a person to choose their own demise with medical assistance. Advocates of physician-assisted suicide, after all, can and do bring heart-wrenching testimonials about people with horrible diseases simply wanting help in ending their lives.

But there are also plenty of reasons why more than 100 legislative proposals nationwide to allow physician-assisted suicide have been rejected, and why 112 Montana doctors support the bill that would ban it. Many of those reasons come from the experience of Oregon and Washington, states that passed ballot initiatives to allow physician-assisted suicide.

In those states, suicides usually aren’t actually “assisted” by physicians; doctors instead provide lethal prescriptions at the request of individuals who are mostly left on their own.

There is the story of an Oregon woman who had cancer and chose suicide 12 years ago, only to be talked out of it by her doctor. Now she is alive and well because she pursued treatment instead, and thankful that she did.

Legal Assisted Suicide Puts the Government in Your Life

With the legalization of physician-assisted suicide, the Oregon State Government received a new right, which it exercises:   The right to steer citizens to suicide with treatment and/or financial incentives.  Oregon doctor, Ken Stevens, describes this right in detail below.*

In Montana, where physician-assisted suicide is not legal, the government does not have that right.  The law in Montana is, however, in a confused state, which has opened the door to possible legalization.

To prevent that from happening, tell your legislators to vote "Yes" on HB 505! 
_____ 

*  Dr. Stevens states:

A Response to Representative Moore

Re:  Vote "Yes" on HB 505, A Response to David "Doc" Moore

Dear Senate Judiciary Committee:

I was moved by the recent letter in the Montana Standard by David "Doc" Moore who lost his wife to cancer eleven years ago.  He says that when she "finally slipped into a coma, we thought that there would be relief." But, instead, "it was clear from her facial expressions and the constant death rattle that she was still suffering."

In 2009, my mother died a similar painful death. But it wasn't from her condition or a disease. You see, my mother was starved and dehydrated to death with massive doses of morphine after she'd had  a mild stroke. It had not mattered that she had been trying to speak and had indicated that she wanted water. The family member holding power of attorney, affirmed by a young doctor, had decided that it was time for her to die.

Daily Interlake Urges Passage of HB 505

 Slippery Slope of Assisted Suicide

http://www.dailyinterlake.com/opinion/editorials/article_25f14270-9373-11e2-9930-001a4bcf887a.html?mode=print

Montanans have a libertarian leaning towards a live-and-let-live philosophy, but what about live-and-let-die?

Physician-assisted suicide continues to be the subject of legislation in Helena, and so far lawmakers have justifiably advanced legislation that would ban the practice and make it clear that “consent of the victim” is not a valid defense for a physician who assists a person with suicide.

One’s initial reaction might be to wonder why the Legislature is putting itself in a position of interfering with the autonomy of a person to choose their own demise with medical assistance. Advocates of physician-assisted suicide, after all, can and do bring heart-wrenching testimonials about people with horrible diseases simply wanting help in ending their lives.

But there are also plenty of reasons why more than 100 legislative proposals nationwide to allow physician-assisted suicide have been rejected, and why 112 Montana doctors support the bill that would ban it. Many of those reasons come from the experience of Oregon and Washington, states that passed ballot initiatives to allow physician-assisted suicide.

" Vote for HB 505 to stop a bad situation from getting worse"

Dear Senate Judiciary Committee:

Please vote for HB 505 to prevent doctors and nurses from having more power to cause patient deaths.  They abuse the power they already have.  Please consider my mother's story below.  I urge you to vote "yes" on HB 505. 

My mother, Sharon Moe, was diagnosed with colon cancer in February of this year.  After her surgery, I was told that she may be able to live for 6 months to 2 years.  My mother was against assisted suicide and euthanasia and wanted to live as long as possible.  She was placed back in the care of the nursing facility where hospice started to care for her.  She was placed on a continual feed through a feeding tube because she was unable to take in anything orally due to her medical condition.

From the beginning, hospice wanted to stop the continual feed.  My mother was adamant that she wanted to live and told the hospice nurse that she wanted to stay on the continual feed.  My mother was able to converse and sit upright within a day or so after being taken back to the nursing facility.  Her health was improving and she was doing really well after surgery despite the fact that she was underweight from not being able to eat.

Radio Ad Featuring Jeanette Hall and Paul Gorsuch, MD

Listen to Ad Below:

Jeanette Hall:   "I’m Jeanette Hall.  If my doctor had believed in assisted suicide, I would be dead.  Don’t let assisted suicide come to Montana.  Tell your legislators to vote “Yes” on House Bill 505!"

Paul Gorsuch, MD:  "I’m Dr. Paul Gorsuch. On behalf of myself and a hundred other doctors, I urge you to support House Bill 505."

"House Bill 505 will protect the 'Jeanette Halls' of the world.  Twelve years ago, she had cancer and decided to "do" Oregon's assisted suicide law.  Her doctor convinced her to be treated instead."

Tell your Senators to vote "Yes" on HB 505.

Call 406 444 4800

112 Montana Physicians Who Support HB 505!

PRESS RELEASE  - To view print version, click here.  To view doctors's ad, click here.              

FOR :                IMMEDIATE RELEASE, March 22 2013
FROM:             112 Physicians Who Support HB 505
CONTACT:      Paul Gorsuch, 406 761 3181, pgorbus@mac.com
           
SUBJECT:        Bill Will End the Confusion on Physician-Assisted Suicide; Will Protect Patients and Doctors

GREAT FALLS -  We are 112 Montana physicians who have joined together to support HB 505.

House Bill 505 is a short and simple bill that will clarify the law of physician-assisted suicide by clearly providing that physician-assisted suicide is not legal in Montana.  We support HB 505 because it will protect patients and our profession.  See our ad with all of our names, cities and towns now running in many Montana papers.*

HB 505 will be heard in the Senate Judiciary Committee on Tuesday, March 26, 2013 at 9 am.  Call 406 444 4800 and tell the Committee to vote “Yes” on HB 505.

Physician assisted suicide means a physician prescribes a lethal medication to another person to commit suicide.  This practice is open to abuse and error.

“Physician-assisted suicide is fundamentally incompatible with the physicians’ role as healer, would be difficult or impossible to control, and would pose serious societal risks.”  (AMA ethics opinion 2.211).

We Support HB 505

• We Support HB 505 because it will protect the “Jeanette Halls” of the world.  Twelve years ago, she had cancer and decided to “do” Oregon’s assisted suicide law.  Her doctor talked her out of it and convinced her to be treated instead.  Today, she is “thrilled to be alive.”  Her photo is in our ad.  She states: “If my doctor had believed in assisted suicide, I would be dead.”            
•  We Support HB 505 because it will protect our patients.                                                                                                                         
• We Support HB 505 because it is a NORMAL LAW (only two states allow doctors to assist suicides).  HB 505 does NOT “send doctors to prison” or prevent doctors from providing the full range of end of life care including palliative care and treatment withdrawal.  If you READ THE BILL, this is clear.

* To read our ad, go here:  http://maasdocuments.files.wordpress.com/2013/03/doctors-hb505_ad_8-22x17_4color319.pdf  

To read HB 505 go here:  http://data.opi.mt.gov/bills/2013/billpdf/HB0505.pdf

Washington Doctor Alerts Senators to "Expansion" Issue

Dear Senate Judiciary Committee:

I am doctor in Washington State where assisted suicide is legal for “terminal patients” predicted to have less than six months to live.  I write to alert you to our “expansion” issue.

Our law has been in effect for just four years.  We have, however, already had proposals to expand that law to direct euthanasia of non-terminal people.  See e.g., Brian Faller, "Perhaps it's time to expand Washington's Death with Dignity Act", November 16, 2011.  Last year, there was also this article in the Seattle Times, suggesting euthanasia for people who cannot afford their own care, which would be involuntary euthanasia:  Jerry Large, "Planning for old age at a premium," March 8, 2012 at http://seattletimes.nwsource.com/text/2017693023.html ("After Monday's column,  . . . a few [readers] suggested that if you couldn't save enough money to see you through your old age, you shouldn't expect society to bail you out.  At least a couple mentioned euthanasia as a solution.")  (Emphasis added).

I am concerned with where this is going.  I hope that Montana protects its citizens by enacting HB 505.

Richard Wonderly, MD
Seattle Washington

"This ad is appalling, even by the low standards of Compassion & Choices"

Dear Judiciary Members:

I am a probate attorney from Washington State where assisted suicide is, unfortunately, legal.

I recently saw an ad by “Compassion and Choices” which contained an over-the-top depiction of a doctor in handcuffs.  This ad is appalling, even by the low standards of Compassion in Choices.  (Compassion and Choices is a successor organization of the Hemlock Society, originally founded by Derek Humphry.  In 2011, Humphry was keynote speaker and Compassion and Choices annual meeting here in Washington.  He was also in the news as a promoter of mail-order suicide kits after a 29 year old man used one of the kits to commit suicide).*

HB 505 is needed to protect seniors and others from the ultimate in financial and physical abuse.  I urge you to vote YES.  Thank you.

Theresa Schrempp

Seattle, WA   

*  For supporting authority and more information, go here: http://www.montanansagainstassistedsuicide.org/2012/12/compassion-choices-is-successor.html

"Legalizing assisted suicide results in causing non-dying persons to be steered to suicide" - Support HB 505

Dear Members of the Montana State Senate Judiciary Committee,

I am writing in support of HB 505, which would clarify that physician-assisted suicide is not legal in Montana.

I am a doctor in Oregon, one of two states where assisted-suicide is legal. My personal experience in Oregon has shown me that legalizing assisted suicide results in causing non-dying persons to be steered to suicide.

Oregon’s assisted-suicide law applies to patients predicted to have less than six months to live. In 2000, I had a cancer patient named Jeanette Hall. Another doctor had given her a terminal diagnosis of six months to a year to live. This was based on her not being treated for cancer.

At our first meeting, Jeanette told me that she did not want to be treated, and that she wanted to opt for what our law allowed – to kill herself with a lethal dose of barbiturates.  She informed me that she had voted for assisted suicide, and that is what she wanted. 

I did not and do not believe in assisted suicide. I informed her that her cancer was treatable and that her prospects were good. But she told me she didn't want the treatment, she wanted “the pills.” She had made up her mind, but she continued to see me weekly.  On the third or fourth visit, I asked her about her family and learned that she had a son. I asked her how he would feel if she went through with her plan. Shortly after that, she agreed to be treated, and her cancer was cured.

Five years later she saw me in a restaurant and said, “Dr. Stevens, you saved my life!”  She realized that if I had believed in assisted suicide, that she would not have enjoyed her past 5 years.  She is now alive and enjoying life over 12 years since her cancer diagnosis and successful treatment.

For her, the mere presence of legal assisted suicide had steered her to suicide.

I understand that you will be considering HB 505 next week.  I encourage you to be aware of the dangers of assisted suicide, and that you will do your part to keep it out of Montana.  Please vote yes on HB 505.

Sincerely, 

Kenneth Stevens, MD,
Professor Emeritus, Radiation Oncology, Oregon Health & Science University, Portland, Oregon

Not Dead Yet Supports HB 505

Dear Senate Judiciary Committee Member:

Not Dead Yet is a national disability rights group with members in Montana.  On behalf of our members, I write to say that we urge you to pass HB 505, which is a short and simple bill to prevent legalization of assisted suicide and end the dispute over whether it is legal in Montana.

In the last two years, three other states have strengthened their laws against assisted suicide (Idaho, Georgia and Louisiana).  Not Dead Yet of Georgia was involved in the Georgia efforts.  We met with a woman, Sue Celmer, whose ex-husband had been assisted to commit suicide by Final Exit Network.  He had previously battled cancer, but was cancer free when these suicide predators assisted him.  Her story helped convey the urgency of legislation banning assisted suicide.   We hope that Montana will join Georgia and the other two states to protect older people, our families and ourselves.

Why HB 505 is Needed Now

By Margaret Dore, Esq.

A.  Baxter is Confusing

The Baxter case did not legalize physician-assisted suicide. Suicide proponents, including Dr. Stephen Speckart, have conceded the lack of legality.[1]  Baxter is, however, confusing with even lawyers unable to agree on its meaning.[2] 

B.  The Confusion has Allowed Suicide Proponents to Claim that Assisted Suicide is Legal

This confusion has allowed suicide proponents to claim that assisted suicide is legal.  Indeed, they have convinced the Board of Medical Examiners to issue a statement implying that assisted suicide is legal.  This is "Position Statement No. 20," also called "Board Advisory No. 20." [3]

C.  Suicide Proponents are Recruiting Doctors; Doctors and the Public are at Risk

Suicide proponents have been actively recruiting doctors to perform assisted suicides with the false assurance that it is legally safe to do so.[4]  A doctor so recruited could find himself sued or even convicted of a homicide.  On the other hand, the present confusion could frustrate a civil and/or criminal action by an aggrieved party, such as a son and daughter outraged that the doctor has caused their father's suicide.

With the present situation, it’s hard to know legally what will happen.  Meanwhile, there is no assurance that any such suicide will be voluntary and/or not the product of abuse or coercion, for example, in the inheritance situation.  There is no assurance that the victim will not be a person with many quality years left to live, if only he or she had not been steered to suicide.

D.  The Solution
 
If instead, the law is clarified that physician-assisted suicide is not legal, there will be a clear tool for law enforcement, the medical profession and other interested parties to protect citizens from the negative consequences of assisted suicide legalization  (pressure, steerage, people throwing their lives away,  etc.).

HB 505 does this by clarifying Montana’s existing prohibition against “aiding or soliciting suicide” in 45-5-105.  The bill states:

 "A person who purposely aids or solicits another person to commit suicide, but such suicide does not occur, including physician-assisted suicide, commits the offense of aiding or soliciting suicide."[5]

E.  Tell Your Senator to Vote "Yes" on HB 505

This is why HB 505 is needed now, to stop the confusion to protect both doctors and the public.  Tell your Senators to vote "Yes" on HB 505!

Footnotes

[1]  In 2009, Dr. Speckart testified in support of SB 167, which had sought to legalize assisted suicide in Montana.  He said:  "[M]ost physicians feel significant dis-ease with the limited safeguards and possible risk of criminal prosecution after the Baxter decision."  See transcript at  http://maasdocuments.files.wordpress.com/2013/03/speckart-transcript.pdf
Senator Anders Blewett made a similar concession, stating:  “[U]nder current law, ... there’s nothing to protect the doctor from prosecution.”   See transcript at http://maasdocuments.files.wordpress.com/2011/07/blewett_speckhart_trans_001.pdf
[2]  See e.g. The Montana Lawyer, November 2011, Cover Story:  "The aid-in-dying debate: Can a physician legally help a patient to die in Montana?  Court ruling still leaves the issue open to argument, (with pro-con articles by Senator Anders Blewett and Senator Jim Shockley with Margaret Dore, available at  http://maasdocuments.files.wordpress.com/2011/11/mt-lawyer-cover-story_001.pdf
[3]  The current version of "Position Statement No. 20" is available at http://bsd.dli.mt.gov/license/bsd_boards/med_board/pdf/physician_aid_in_dying.pdf  
[4]  See letter from Stephen Speckart and George Risi, to all active Montana doctors, dated March 5, 2012 (falsely stating that “no basis exists [under Baxter] to prosecute a physician for providing aid in dying [physician-assisted suicide]”).  Available at http://maasdocuments.files.wordpress.com/2012/04/risispeckart_ltr_001.pdf  This letter attaches the original version of "Position Statement No. 20"  
[5]  HB 505 can be viewed here:  http://data.opi.mt.gov/bills/2013/billpdf/HB0505.pdf 

Why Do So Many Disability Groups Oppose Physician Assisted Suicide?

by:  James D. McGaughey, Executive Director,

Connecticut Office of Protection and Advocacy for Persons with Disabilities. 

(Adapted from an article that originally appeared in the

International Social Role Valorization Journal in 2010.)

http://www.ct.gov/opapd/cwp/view.asp?Q=519546&A=3683 

In 2009, a proposal that would have legalized Physician Assisted Suicide was introduced in the Connecticut General Assembly.  The language of that proposal paralleled legislation being pursued in other states by Compassion and Choices, a successor organization to the Hemlock Society.  When the proposal was withdrawn without a public hearing, Compassion and Choices moved to the Courts, seeking a judicial ruling that provisions of the Connecticut Statutes prohibiting assisting a person to commit suicide should not be applied to physicians who write lethal prescriptions for their patients.  Their lawsuit was dismissed.  Now, in 2013, it appears that another attempt to legalize Physician Assisted Suicide is being made in Connecticut.  While the details of the current proposals are unavailable as of this writing, they will likely be similar to proposals that are being pursued in other states – proposals that have drawn stiff opposition from disability advocates in those states.
 

Proponents of legalizing Physician Assisted Suicide argue that it’s all about compassion and personal autonomy.  Citing examples of individuals who have ended, or who apparently want to end their lives by taking lethal doses of prescribed drugs, they propose adoption of the euphemistic term “assistance with dying”, and suggest Physician Assisted Suicide be seen as a compassionate alternative to suffering intractable pain or endless, intrusive, de-dignifying medical interventions.  If all we hear is their side of the story it seems reasonable enough.  After all, shouldn’t we have the option of avoiding an ignoble end?  Shouldn’t our doctors be able to prescribe drugs that will do the job quietly and professionally?  Isn’t this a matter of personal choice? What’s wrong with just having the option?  

Leading disability rights groups see plenty of problems with it. A number of well respected organizations, including the National Council on Disability, the American Association of People with Disabilities (AAPD), the National Council on Independent Living (NCIL), the National Spinal Cord Injury Association, the World Institute on Disability, Justice For All, TASH (formerly called The Association of the Severely Handicapped), the Disability Rights Education and Defense Fund (DREDF), and grass roots groups such as ADAPT and Not Dead Yet have all adopted positions opposing legalization of assisted suicide.  In fact, members of many of these groups have been teaming up with local independent living centers and state-level advocacy coalitions to challenge the state-by state campaign to promote Physician Assisted Suicide.

" I support House Bill 505, which clearly states that assisted suicide is not legal"

http://www.greatfallstribune.com/article/20130313/OPINION/303130037/On-our-minds-Fires-suicide-bill-breweries

My husband, Dr. James E. Mungas, was a respected physician and surgeon here in Great Falls. He developed amyotrophic lateral sclerosis, and I took care of him. His mind was clear and thought processes unimpaired. He was against assisted suicide and euthanasia.

I needed to travel out of town for a day and a half. We agreed he would stay at a local care facility in my absence. Once there, nurses began administering morphine. After the first dose, my husband knew that he had been overdosed and typed out a message to call respiratory therapy. None came that day. Over the next few days, he struggled to breathe and desperately struggled to remain conscious to communicate, but the nurses kept pushing the morphine button and advised our children to do the same. My children and I did not understand the extent morphine would repress the respiratory system until later.  This was neither palliative care nor managing pain; this was hastening death. He was effectively euthanized against his will. He did not get his choice. It is traumatic, still, to realize his last communications were attempts to get help.

As illustrated by my husband's case, doctors and nurses already misuse or abuse the power they have. The stakes are too high to consider expanding their power by legalizing assisted-suicide. The recent guest column by Dr. Stephen Speckart and other doctors claims that assisted suicide is already legal. For that reason, I support House Bill 505, which clearly states that assisted suicide is not legal.

— Carol Mungas,
Great Falls

Oregon's New Report Consistent with Elder Abuse

By Margaret Dore, Esq.

Oregon's assisted suicide statistics are out for 2012.[1]

This annual report is similar to prior years.  The preamble implies that the deaths were voluntary (self-administered), but the information reported does not address that subject.[2]

Oregon's assisted suicide law allows the lethal dose to be administered without oversight.[3]  This creates the opportunity for an heir, or someone else who will benefit from the patient's death, to administer the lethal dose to the patient without his consent, for example, when the patient is asleep.  Who would know?

The new Oregon report provides the following demographics:  

"Of the 77 DWDA deaths during 2012, most (67.5%) were aged 65 years or older; the median age was 69 years.  As in previous years, most were white (97.4%), [and] well-educated (42.9% had at least a baccalaureate degree) . . . ."[4]  Most (51.4%) had private health insurance.[5]

Typically persons with these attributes are seniors with money, which would be the middle class and above, a group disproportionately victims of financial abuse and exploitation.[6]

As set forth above, Oregon's law is written so as to allow the lethal dose to be administered to patients without their consent and without anyone knowing how they died.  The law thus provides the opportunity for the perfect crime.  Per the new report, the persons dying (or killed) under that law are  disproportionately seniors with money, a group disproportionately victimized by financial abuse and exploitation.

Oregon's new report is consistent with elder abuse.

Footnotes:

[1]  The new report can be viewed here: http://public.health.oregon.gov/ProviderPartnerResources/EvaluationResearch/DeathwithDignityAct/Documents/year15.pdf and http://choiceisanillusion.files.wordpress.com/2013/01/year-15-2012.pdf
[2]  Id.
[3]  Oregon's law can be viewed here:  http://public.health.oregon.gov/ProviderPartnerResources/EvaluationResearch/DeathwithDignityAct/Pages/ors.aspx
[4]  Report cited at note 1.
[5]  Id.
[6]  See "Broken Trust:  Elders, Family, and Finances," a Study on Elder Financial Abuse Prevention, by the MetLife Mature Market Institute, the National Committee for the Prevention of Elder Abuse, and the Center for Gerontology at Virginia Polytechnic Institute, March 2009.

Pass HB 505 - Rick Blevins, MD

http://www.greatfallstribune.com/apps/pbcs.dll/article?AID=2013303120037

The Montana Legislature is considering the question of physician-assisted suicide. The Senate has rejected an Oregon-style bill that would have legalized such a practice. The House has passed House Bill 505, which will end the confusion about assisted suicide in Montana. I am in favor of this bill and wish to clarify misconceptions expressed in a Viewpoint article published March 4.


HB 505 seeks to clarify the relevant law, which has been misinterpreted as a result of the Montana Supreme Court Baxter decision of 2009. This decision did not legalize physician assisted suicide, contrary to claims made by authors of the Viewpoint article. The court only stated that a patient’s consent, if given, may be used as a legal defense. Lawyers are scratching their heads about the meaning and the ramifications of this decision which is why the Legislature should act to provide needed clarity.


HB 505 only addresses the aiding or solicitation of suicide, including physician-assisted suicide. It specifically “does not include end of life palliative care in which a dying person receives medication to alleviate pain that may incidentally hasten the dying person’s death or any act to withhold or withdraw life-sustaining treatment” authorized by the Montana Rights of the Terminally Ill Act. The quotes are directly from the text of HB 505.

Please contact your senators and tell them to end the confusion. Please tell them to vote “yes” on HB 505.— Rick Blevins, M.D.,

Don’t make Washington’s assisted-suicide mistake

http://mtstandard.com/news/opinion/mailbag/don-t-make-washington-s-assisted-suicide-mistake/article_10022e80-8b75-11e2-b398-001a4bcf887a.html?print=true&cid=print


My husband and I operate two adult family homes (elder care facilities) in Washington State where assisted suicide is legal. I am writing to urge you to not make Washington’s mistake.

Our assisted suicide law was enacted by a ballot measure in November 2008. During the election, the law was promoted as a right of individual people to make their own choices. That has not been our experience. We have also noticed a shift in the attitudes of doctors and nurses towards our typically elderly clients to eliminate their choices.

Four days after the election, an adult child of one of our clients asked about getting the pills (to kill his father). It wasn’t the client saying that he wanted to die. At that time, our assisted suicide law had not yet gone into effect. The father died before the law went into effect.

Since then, we have noticed that some members of the medical profession are quick to bring out the morphine to begin comfort care without considering treatment. Sometimes they do this on their own without telling the client and/or the family member in charge of the clients care.

Since our law was passed, I have also observed that some medical professionals are quick to write off older people as having no quality of life whereas in years past, most of the professionals we dealt with found joy in caring for them. Our clients reciprocated that joy and respect.

Someday, we too will be old. I, personally, want to be cared for and have my choices respected. I, for one, am quite uncomfortable with these developments. Don’t make our mistake.

Elizabeth Benedetto

Possible expansion of physician-assisted suicide laws in other states should concern Montana

http://missoulian.com/news/opinion/mailbag/possible-expansion-of-physician-assisted-suicide-laws-in-other-states/article_e29d5322-8b2c-11e2-aba7-001a4bcf887a.html

I am doctor in Washington state where physician-assisted suicide is legal for “terminal patients” predicted to have less than six months to live. I disagree with the letter by Kristen Wood (letter, Feb. 28) that expansion is not a concern in this context.

In Washington state, our assisted suicide law has only been in effect for four years. We have, however, already had proposals to expand that law to direct euthanasia of non-terminal people. See e.g., Brian Faller, “Perhaps it’s time to expand Washington’s Death with Dignity Act,” Nov. 16, 2011. Last year, there was also this article in the Seattle Times, suggesting euthanasia for people who cannot afford their own care, which would be involuntary euthanasia: Jerry Large, “Planning for old age at a premium,” March 8, 2012 at http://seattletimes.nwsource.com/text/2017693023.html (“After Monday’s column, . . . a few (readers) suggested that if you couldn’t save enough money to see you through your old age, you shouldn’t expect society to bail you out. At least a couple mentioned euthanasia as a solution.“)

I am very concerned with where this is all going. I hope that Montana does not follow our lead to legalize assisted suicide.

Richard Wonderly,
Seattle, Washington

"He made the mistake of asking for information about assisted suicide"

http://missoulian.com/news/opinion/mailbag/legalizing-assisted-suicide-allows-physicians-to-pressure-patients/article_5726f258-84fb-11e2-9707-001a4bcf887a.html

Last year, my brother, Wes Olfert, died in Washington state, where assisted suicide is legal.

When he was first admitted to the hospital, he made the mistake of asking for information about assisted suicide. I say a mistake, because this set off a chain of events that interfered with his care and caused him unnecessary stress in what turned out to be the last months of his life.

By asking the question, he was given a “palliative care” consult by a doctor who heavily and continually pressured him to give up on treatment before he was ready to do so. It got so bad that Wes actually became fearful of this doctor and asked me and a friend to not leave him alone with her. Justified or not, Wes was afraid that the doctor would do something to him or have him sign something if she would find him alone.

In fact, even though he was on heavy doses of narcotic pain medications and not in a clear state of mind to sign documents without someone to advocate for him, this palliative care MD actually did try to get him to sign a DNR or “Do Not Resuscitate” form without his Durable POA or any family member present. Fortunately, his close friend/POA arrived at that moment to stop this from happening. Some of the other doctors and staff members seemed to also write Wes off once they learned that he had asked about assisted suicide.

I am writing to urge your readers to prevent assisted suicide in Montana. I do this on behalf of myself and my other brother, Ron Olfert, of Sanders County, who also died last year. He was strongly opposed to assisted suicide.

Please contact your legislators and ask them to vote “yes” on House Bill 505.

Marlene Deakins, RN
Tuscon, Arizona

The "Oregon Experience" Includes Murder-Suicide

Increased Suicide

Oregon’s overall suicide rate, which excludes suicide under Oregon’s physician-assisted suicide act, is 35% above the national average.  Moreover, this rate has been “increasing significantly since 2000.”  See  http://www.oregon.gov/DHS/news/2010news/2010-0909a.pdf  Just three years prior, in 1997, Oregon legalized physician-assisted suicide.  Other suicides have thus increased with legalization of physician-assisted suicide.  This is consistent with a copy cat or suicide contagion phenomenon (normalizing one type of suicide, i.e., physician assisted suicide, encouraged other suicides).

Violent Death

In Oregon, many suicide deaths are violent.  For 2007, “[f]irearms were the dominant mechanism of suicide among men.”  This is according to an Oregon Department of Human Services report issued in September 2010.  See excerpts here:  http://maasdocuments.files.wordpress.com/2013/02/oregon-suicide-info_0011.pdf 

Murder-Suicide

In Oregon, murder-suicides "follow the national pattern."  http://blog.oregonlive.com/health_impact/print.html?entry=/2009/11/recent_murder-suicides_follow.html


The Wife Would Still be a Victim

According to  Donna Cohen, the typical murder-suicide case involves a depressed controlling husband who shoots his ill wife:  “The wife does not want to die and is often shot in her sleep.  If she was awake at the time, there are usually signs that she tried to defend herself.”   See WebMD,  "Murder-Suicides in Elderly Rise: Husbands commit most murder suicides–without wives’ consent," January 30, 2005,  http://www.medicinenet.com/script/main/art.asp?articlekey=50782

If physician assisted suicide were legal in Montana, the wife, not wanting to die, would still be a victim.