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.

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

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