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.
Showing posts with label Not Dead Yet. Show all posts
Showing posts with label Not Dead Yet. Show all posts
Tuesday, March 19, 2013
Tuesday, December 4, 2012
National disability rights group concerned Montana could legalize assisted suicide
http://missoulian.com/news/opinion/mailbag/national-disability-rights-group-concerned-montana-could-legalize-assisted-suicide/article_19f98ef0-38b0-11e2-ab52-0019bb2963f4.html
December 02, 2012
Not Dead Yet is a national disability rights group with members in Montana, some of whom are seniors. On behalf of our members, I write to say that we are extremely concerned that assisted suicide, sometimes euphemistically called "aid in dying," could be legalized in Montana.
It is estimated that there are 21,265 cases of elder abuse annually in Montana, reported and unreported (http://www.eadaily.com/15/elder-abuse-statistics).
Statistically, 90 percent of elder abusers are a family member or trusted other. Similarly, people with disabilities are up to four times more likely to be abused than their same-age nondisabled peers.
In Oregon and Washington, legal assisted suicide has opened new paths of abuse against persons who "qualify" to use these laws. A more obvious problem is a complete lack of oversight when the lethal drug is administered. If an abuser were to administer the drug without the person's consent, who would know?
It is simply naive to suggest that assisted suicide can be added to the array of medical treatment options, without taking into account the harsh realities of elder abuse and the related potential for coercion.
For more information about problems with legalization of assisted suicide, please see www.notdeadyet.org and www.montanansagainstassistedsuicide.org.Diane Coleman,
President/CEO,
Not Dead Yet,
Rochester, New York
Also published in the Ravalli Republic at
http://www.ravallirepublic.com/news/opinion/mailbag/article_f695c2f6-65c7-5194-9276-43365fd08f35.html?print=true&cid=print
December 02, 2012
Not Dead Yet is a national disability rights group with members in Montana, some of whom are seniors. On behalf of our members, I write to say that we are extremely concerned that assisted suicide, sometimes euphemistically called "aid in dying," could be legalized in Montana.
It is estimated that there are 21,265 cases of elder abuse annually in Montana, reported and unreported (http://www.eadaily.com/15/elder-abuse-statistics).
Statistically, 90 percent of elder abusers are a family member or trusted other. Similarly, people with disabilities are up to four times more likely to be abused than their same-age nondisabled peers.
In Oregon and Washington, legal assisted suicide has opened new paths of abuse against persons who "qualify" to use these laws. A more obvious problem is a complete lack of oversight when the lethal drug is administered. If an abuser were to administer the drug without the person's consent, who would know?
It is simply naive to suggest that assisted suicide can be added to the array of medical treatment options, without taking into account the harsh realities of elder abuse and the related potential for coercion.
For more information about problems with legalization of assisted suicide, please see www.notdeadyet.org and www.montanansagainstassistedsuicide.org.Diane Coleman,
President/CEO,
Not Dead Yet,
Rochester, New York
Also published in the Ravalli Republic at
http://www.ravallirepublic.com/news/opinion/mailbag/article_f695c2f6-65c7-5194-9276-43365fd08f35.html?print=true&cid=print
Saturday, August 11, 2012
"The Board is both misleading physicians and endangering patients"
To the Montana Board of Medical Examiners:
Not Dead Yet is a national disability rights group with members in Montana. This letter is to urge you to rescind the position statement that the Board of Medical Examiners formulated entitled "Physician Aid in Dying" (Position 20).
First, it is incorrect to state that the Baxter decision will "...shield a physician from liability for acting in accordance with a patient's end-of-life wishes if an adult, mentally competent terminally ill patient consents to the physician's aid-in-dying." The Montana Supreme Court merely stated that if the physician can show that he/she acted in accordance with a person's wishes and consent, then such consent can be raised as a defense to a charge of homicide against the physician. Once raised, a judge or jury may or may not find the defense valid after considering all the facts and circumstances of the case.
For example, a judge or jury could reasonably expect a doctor who assists in a patient’s suicide to take practical steps to ensure that the patient’s request to die is voluntary and not coerced by others who might benefit from the death financially or by being relieved of care giving responsibilities. The potential for coercion is fraught with risks for physicians.
It is estimated that there are 21,265 cases of elder abuse annually in Montana, reported and unreported. http://www.eadaily.com/15/elder-abuse-statistics/ Statistically, 90% of elder abusers are a family member or trusted other. Similarly, people with disabilities are up to four times more likely to be abused than their same-age nondisabled peers.
A relative who is willing to abuse an elder or disabled person might be equally willing to bring up assisted suicide as an option for an ill relative. An abuser might take their relative to visit the doctor to request assisted suicide. An abuser might pick up the lethal prescription at the pharmacy. Even if the abuser went so far as to administer the drugs without the person’s actual consent at the time of death, who would know?
It is simply naïve to suggest that assisted suicide can be added to the array of medical treatment options, on a par with palliative care, without taking into account the harsh realities of elder abuse and the related potential for coercion. The Montana Supreme Court overlooked the public policy implications of elder abuse in its analysis, but in individual cases this issue is likely to become a factor that physicians could only ignore at their peril.
In stating that physicians have a shield against liability for assisted suicide when either a judge or a jury may view a case very differently, the Board is both misleading physicians and endangering patients.
We urge the Board to reconsider and rescind its position on assisted suicide.
Sincerely,
Diane Coleman, JD, MBA
President/CEO
Not Dead Yet
Not Dead Yet is a national disability rights group with members in Montana. This letter is to urge you to rescind the position statement that the Board of Medical Examiners formulated entitled "Physician Aid in Dying" (Position 20).
First, it is incorrect to state that the Baxter decision will "...shield a physician from liability for acting in accordance with a patient's end-of-life wishes if an adult, mentally competent terminally ill patient consents to the physician's aid-in-dying." The Montana Supreme Court merely stated that if the physician can show that he/she acted in accordance with a person's wishes and consent, then such consent can be raised as a defense to a charge of homicide against the physician. Once raised, a judge or jury may or may not find the defense valid after considering all the facts and circumstances of the case.
For example, a judge or jury could reasonably expect a doctor who assists in a patient’s suicide to take practical steps to ensure that the patient’s request to die is voluntary and not coerced by others who might benefit from the death financially or by being relieved of care giving responsibilities. The potential for coercion is fraught with risks for physicians.
It is estimated that there are 21,265 cases of elder abuse annually in Montana, reported and unreported. http://www.eadaily.com/15/elder-abuse-statistics/ Statistically, 90% of elder abusers are a family member or trusted other. Similarly, people with disabilities are up to four times more likely to be abused than their same-age nondisabled peers.
A relative who is willing to abuse an elder or disabled person might be equally willing to bring up assisted suicide as an option for an ill relative. An abuser might take their relative to visit the doctor to request assisted suicide. An abuser might pick up the lethal prescription at the pharmacy. Even if the abuser went so far as to administer the drugs without the person’s actual consent at the time of death, who would know?
It is simply naïve to suggest that assisted suicide can be added to the array of medical treatment options, on a par with palliative care, without taking into account the harsh realities of elder abuse and the related potential for coercion. The Montana Supreme Court overlooked the public policy implications of elder abuse in its analysis, but in individual cases this issue is likely to become a factor that physicians could only ignore at their peril.
In stating that physicians have a shield against liability for assisted suicide when either a judge or a jury may view a case very differently, the Board is both misleading physicians and endangering patients.
We urge the Board to reconsider and rescind its position on assisted suicide.
Sincerely,
Diane Coleman, JD, MBA
President/CEO
Not Dead Yet
Sunday, July 17, 2011
Assisted Suicide is not Legal in Montana
Assisted Suicide: Not Legal in Montana;
A Recipe for Elder Abuse and More
By Margaret Dore, July 15, 2011*
A. Introduction
Proponents claim that physician-assisted suicide is legal in Montana. This is untrue. A bill that would have accomplished that goal was defeated in the 2011 legislature.
Legal physician-assisted suicide is, regardless, a recipe for elder abuse. It empowers heirs and others at the expense of older people. In Oregon, where physician-assisted suicide is legal, legalization has empowered the Oregon Health Plan to steer patients to suicide. There are multiple other problems.
B. What is Physician-Assisted Suicide?
B. What is Physician-Assisted Suicide?
The American Medical Association (AMA) states: "Physician-assisted suicide occurs when a physician facilitates a patient’s death by providing the necessary means and/or information to enable the patient to perform the life-ending act." (AMA Code of Medical Ethics, Opinion 2.211). For example, a "physician provides sleeping pills and information about the lethal dose, while aware that the patient may commit suicide." Id.
The AMA rejects physician-assisted suicide. Id. Assisted suicide is also opposed by disability rights groups such as the Disability Rights and Education Defense Fund, and Not Dead Yet.
C. Most States do not Allow Physician-Assisted Suicide
There are just two states where physician-assisted suicide is legal: Oregon and Washington. These states have statutes that give doctors and others immunity from criminal and civil liability arising out of a patient's suicide (euphemistically termed "death with dignity"). See e.g. RCW 70.245.190(1)(a). These statutes were passed via ballot initiatives. No such law has ever made it through the scrutiny of a legislature.
D. Current Montana Law
Under current Montana law, assisting a suicide exposes the assister to civil and criminal liability. Doctors and others can be held civilly liable for: (1) causing another to commit suicide; or (2) failing to prevent a suicide in a custodial situation where the suicide is foreseeable.[1] This latter situation would typically occur in a hospital or prison.[2] Those who assist a suicide can also be prosecuted for homicide under Mont. Code Ann. § 45-5-102(1). Doctors, however, have the right to assert an affirmative defense based on the victim’s consent and other factors. This is due to the Montana Supreme Court decision, Baxter v. State, 354 Mont. 234, ¶¶ 10 & 50, 224 P.3d 1211 (2009).[3]
There are just two states where physician-assisted suicide is legal: Oregon and Washington. These states have statutes that give doctors and others immunity from criminal and civil liability arising out of a patient's suicide (euphemistically termed "death with dignity"). See e.g. RCW 70.245.190(1)(a). These statutes were passed via ballot initiatives. No such law has ever made it through the scrutiny of a legislature.
D. Current Montana Law
Under current Montana law, assisting a suicide exposes the assister to civil and criminal liability. Doctors and others can be held civilly liable for: (1) causing another to commit suicide; or (2) failing to prevent a suicide in a custodial situation where the suicide is foreseeable.[1] This latter situation would typically occur in a hospital or prison.[2] Those who assist a suicide can also be prosecuted for homicide under Mont. Code Ann. § 45-5-102(1). Doctors, however, have the right to assert an affirmative defense based on the victim’s consent and other factors. This is due to the Montana Supreme Court decision, Baxter v. State, 354 Mont. 234, ¶¶ 10 & 50, 224 P.3d 1211 (2009).[3]
E. The 2011 Legislative Session
The 2011 legislative session featured two bills in response to Baxter, both of which failed: SB 116, which would have eliminated Baxter’s affirmative defense; and SB 167, which would have legalized assisted suicide by providing doctors and others with immunity from civil and criminal liability.
During a hearing on SB 167, the bill's sponsor, Senator Anders Blewett, said: "[U]nder current law, . . . there’s nothing to protect the doctor from prosecution."[4]
F. Legalization Will Create New Paths of Abuse
In Montana, there has been a rapid growth of elder abuse.[5] Elders’ vulnerabilities and larger net worth make them a prime target for financial abuse.[6] The perpetrators are often family members interested in an inheritance.[7]
In Montana, preventing elder abuse is official state policy.[8] If Montana would legalize physician-assisted suicide, a new path of abuse would be created against the elderly. Alex Schadenberg, Chair of the Euthanasia Prevention Coalition, International, states:
"With assisted suicide laws in Washington and Oregon, perpetrators can . . . take a "legal" route, by getting an elder to sign a lethal dose request. Once the prescription is filled, there is no supervision over the administration. . . . [E]ven if a patient struggled, "who would know?"[9]
G. "Terminally Ill" Does Not Mean Dying
Baxter’s affirmative defense applies when patients are "terminally ill," a term that Baxter does not define. During the Baxter litigation, the plaintiffs offered this definition:
"'Terminally ill adult patient' means '[an adult] who has an incurable or irreversible condition that, without the administration of life-sustaining treatment, will, in the opinion of his or her attending physician, result in death within a relatively short time.'"[10]
This definition is broad enough to include patients with chronic conditions who could "live for decades." Attorney Theresa Schrempp and doctor Richard Wonderly state:
"[The] definition is broad enough to include an 18 year old who is insulin dependent or dependent on kidney dialysis, or a young adult with stable HIV/AIDS. Each of these patients could live for decades with appropriate medical treatment. Yet they are 'terminally ill' according to the definition promoted by advocates of assisted suicide."[11]
H. Legal Physician-Assisted Suicide Empowered the Oregon Health Plan, Not Individual Patients
Once a patient is labeled "terminal," an easy argument can be made that his or her treatment should be denied. This has happened in Oregon where patients labeled "terminal" have not only been denied coverage for treatment, they have been offered assisted-suicide instead.
The most well known cases involve Barbara Wagner and Randy Stroup. (KATU TV, ABC News).[12] The Oregon Health Plan refused to pay for their desired treatments and offered to pay for their suicides instead. Neither Wagner nor Stroup saw this as a celebration of their "choice." Stroup said: "This is my life they’re playing with." Wagner said: "I’m not ready to die."
During a hearing on SB 167, the bill's sponsor, Senator Anders Blewett, said: "[U]nder current law, . . . there’s nothing to protect the doctor from prosecution."[4]
F. Legalization Will Create New Paths of Abuse
In Montana, there has been a rapid growth of elder abuse.[5] Elders’ vulnerabilities and larger net worth make them a prime target for financial abuse.[6] The perpetrators are often family members interested in an inheritance.[7]
In Montana, preventing elder abuse is official state policy.[8] If Montana would legalize physician-assisted suicide, a new path of abuse would be created against the elderly. Alex Schadenberg, Chair of the Euthanasia Prevention Coalition, International, states:
"With assisted suicide laws in Washington and Oregon, perpetrators can . . . take a "legal" route, by getting an elder to sign a lethal dose request. Once the prescription is filled, there is no supervision over the administration. . . . [E]ven if a patient struggled, "who would know?"[9]
G. "Terminally Ill" Does Not Mean Dying
Baxter’s affirmative defense applies when patients are "terminally ill," a term that Baxter does not define. During the Baxter litigation, the plaintiffs offered this definition:
"'Terminally ill adult patient' means '[an adult] who has an incurable or irreversible condition that, without the administration of life-sustaining treatment, will, in the opinion of his or her attending physician, result in death within a relatively short time.'"[10]
This definition is broad enough to include patients with chronic conditions who could "live for decades." Attorney Theresa Schrempp and doctor Richard Wonderly state:
"[The] definition is broad enough to include an 18 year old who is insulin dependent or dependent on kidney dialysis, or a young adult with stable HIV/AIDS. Each of these patients could live for decades with appropriate medical treatment. Yet they are 'terminally ill' according to the definition promoted by advocates of assisted suicide."[11]
H. Legal Physician-Assisted Suicide Empowered the Oregon Health Plan, Not Individual Patients
Once a patient is labeled "terminal," an easy argument can be made that his or her treatment should be denied. This has happened in Oregon where patients labeled "terminal" have not only been denied coverage for treatment, they have been offered assisted-suicide instead.
The most well known cases involve Barbara Wagner and Randy Stroup. (KATU TV, ABC News).[12] The Oregon Health Plan refused to pay for their desired treatments and offered to pay for their suicides instead. Neither Wagner nor Stroup saw this as a celebration of their "choice." Stroup said: "This is my life they’re playing with." Wagner said: "I’m not ready to die."
Stroup and Wagner were steered to suicide. Moreover, it was the Oregon Health Plan doing the steering. Oregon’s law empowered the Oregon Health Plan, not individual patients.
I. In Oregon, Legalization of Physician-Assisted Suicide is Correlated to an Increase in Other Suicides
Oregon's suicide rate, which excludes suicide under Oregon's physician-assisted suicide law, has been "increasing significantly" since 2000.[13] Just three years prior, in 1997, Oregon legalized physician-assisted suicide. [14] In Oregon, legalization of physician-assisted suicide is statistically correlated with an increased rate of other suicides.
J. The Oregon Reports do not Prove That Assisted-Suicide is "Safe"
During the 2011 legislative session in Montana, proponents claimed that annual reports from Oregon demonstrated the safety of physician-assisted suicide. These reports do not discuss whether the people who died consented when the lethal dose was administered. During a hearing on SB 167, Senator Jeff Essmann made a related point, as follows:
"[A]ll the protections [in Oregon’s law] end after the prescription is written. [The proponents] admitted that the provisions in the Oregon law would permit one person to be alone in that room with the patient. And in that situation, there is no guarantee that that medication is self-administered.
So frankly, any of the studies that come out of the state of Oregon’s experience are invalid because no one who administers that drug against – to that patient is going to be turning themselves in for the commission of a homicide."[15]
K. SB 167 was Defeated in the Senate Judiciary Committee
During the hearing on SB 167, Senator Essman also stated:
"There’s inadequate protection in [SB 167] for the powerless. It’s our obligation to protect the powerless. . . . I’m going to vote no."[16]
SB 167, seeking to legalize physician-assisted suicide in Montana, was defeated in the Senate Judiciary Committee.[17]
L. Conclusion
Legal assisted suicide is a recipe for elder abuse. The practice has multiple other problems. Don't make Oregon's and Washington's mistake. Keep assisted suicide out of Montana.
* Margaret Dore is an attorney in Washington State where assisted suicide is legal. She was an amicus curie in the Baxter litigation. She testified before the Montana Senate Judiciary Committee against SB 167, which had sought to legalize physician-assisted suicide in Montana. Her publications include Margaret K. Dore, "Aid in Dying: Not Legal in Idaho; Not About Choice," The Advocate, official publication of the Idaho State Bar, Vol. 52, No. 9, pages 18-20, September 2010.
* * *
[1] Krieg v. Massey, 239 Mont. 469, 472-3, 781 P.2d 277 (1989).
[2] Id.
[3] To view Baxter, go here. To view an analysis of Baxter, go here.
[4] Go here to see a transcript of this quote and other quotes by Senator Blewett.
[5] Great Falls Tribune, "Forum will focus on the rapid growth in abuse of elders," June 10 2009 ("The statistics are frightening, and unless human nature takes a turn for the better, they’re almost certain to get worse"). See also Nicole Grigg, Elder Abuse Prevention, Kulr8.com, June 15, 2010 and Big Sky Prevention of Elder Abuse Program, What is Elder Abuse.
[6] MetLife Mature Market Institute Study: Broken Trust: Elders, Family, and Finances, 2009.
[7] Id.
[8] See e.g., the "Montana Elder and Persons With Developmental Disabilities Abuse Prevention Act," 52-3-801, MCA; the Protective Services Act for Aged Persons or Disabled Adults, 52-3-201, MCA; and the "Montana Older Americans Act," 52-3-501, et. al., MCA. Also go here.
[9] Alex Schadenberg, Letter to the Editor, "Elder abuse a growing problem," The Advocate, official publication of the Idaho State Bar, October 2010, page 14, available at http://www.isb.idaho.gov/pdf/advocate/issues/adv10oct.pdf.
[10] Plaintiffs’ Answer to Interrogatory No. 4, available at page 3, here: http://www.euthanasiaprevention.on.ca/ConnMemo02.pdf
[11] Opinion Letter from Dr. Richard Wonderly and Theresa Schrempp, Esq., to Alex Schadenberg, available here: http://www.euthanasiaprevention.on.ca/ConnMemo02.pdf
[12] See Susan Harding and KATU web staff, "Letter noting assisted suicide raises questions," July 30, 2008 and Susan Donaldson James, "Death drugs Cause Uproar in Oregon," ABC News, August 6, 2008. See also Ken Stevens, MD, "Oregon mistake costs lives," official publication of the Idaho State Bar, September 2010, pages 16-17, available at http://www.isb.idaho.gov/pdf/advocate/issues/adv10sep.pdf ("In Oregon, the mere presence of legal assisted-suicide steers patients to suicide . . . ").
[13] See Oregon Government News Release, September 9, 2010 ("suicide rates have been increasing significantly since 2000"); and "Suicides in Oregon, Trends and Risk Factors, September 2010 ("Deaths relating to the death with Dignity Act (physician-assisted suicides) are not classified as suicides by Oregon law and therefore excluded from this report").
[14] See e.g., "Oregon's Death with Dignity Act: The First Year's Experience," page 1 ("On October 27, 1997, physician-assisted suicide became a legal medical option for terminally ill Oregonians").
[15] Montana Senate Judiciary Hearing, February 10, 2011, Transcript, p. 15, lines 1 to 11, available here.
[16] Id., lines 12 to 14.
[17] See Montana Legislative website at
http://www.leg.mt.gov/css/default.asp (SB 167 was tabled in Committee on February 10, 2010).
[3] To view Baxter, go here. To view an analysis of Baxter, go here.
[4] Go here to see a transcript of this quote and other quotes by Senator Blewett.
[5] Great Falls Tribune, "Forum will focus on the rapid growth in abuse of elders," June 10 2009 ("The statistics are frightening, and unless human nature takes a turn for the better, they’re almost certain to get worse"). See also Nicole Grigg, Elder Abuse Prevention, Kulr8.com, June 15, 2010 and Big Sky Prevention of Elder Abuse Program, What is Elder Abuse.
[6] MetLife Mature Market Institute Study: Broken Trust: Elders, Family, and Finances, 2009.
[7] Id.
[8] See e.g., the "Montana Elder and Persons With Developmental Disabilities Abuse Prevention Act," 52-3-801, MCA; the Protective Services Act for Aged Persons or Disabled Adults, 52-3-201, MCA; and the "Montana Older Americans Act," 52-3-501, et. al., MCA. Also go here.
[9] Alex Schadenberg, Letter to the Editor, "Elder abuse a growing problem," The Advocate, official publication of the Idaho State Bar, October 2010, page 14, available at http://www.isb.idaho.gov/pdf/advocate/issues/adv10oct.pdf.
[10] Plaintiffs’ Answer to Interrogatory No. 4, available at page 3, here: http://www.euthanasiaprevention.on.ca/ConnMemo02.pdf
[11] Opinion Letter from Dr. Richard Wonderly and Theresa Schrempp, Esq., to Alex Schadenberg, available here: http://www.euthanasiaprevention.on.ca/ConnMemo02.pdf
[12] See Susan Harding and KATU web staff, "Letter noting assisted suicide raises questions," July 30, 2008 and Susan Donaldson James, "Death drugs Cause Uproar in Oregon," ABC News, August 6, 2008. See also Ken Stevens, MD, "Oregon mistake costs lives," official publication of the Idaho State Bar, September 2010, pages 16-17, available at http://www.isb.idaho.gov/pdf/advocate/issues/adv10sep.pdf ("In Oregon, the mere presence of legal assisted-suicide steers patients to suicide . . . ").
[13] See Oregon Government News Release, September 9, 2010 ("suicide rates have been increasing significantly since 2000"); and "Suicides in Oregon, Trends and Risk Factors, September 2010 ("Deaths relating to the death with Dignity Act (physician-assisted suicides) are not classified as suicides by Oregon law and therefore excluded from this report").
[14] See e.g., "Oregon's Death with Dignity Act: The First Year's Experience," page 1 ("On October 27, 1997, physician-assisted suicide became a legal medical option for terminally ill Oregonians").
[15] Montana Senate Judiciary Hearing, February 10, 2011, Transcript, p. 15, lines 1 to 11, available here.
[16] Id., lines 12 to 14.
[17] See Montana Legislative website at
http://www.leg.mt.gov/css/default.asp (SB 167 was tabled in Committee on February 10, 2010).
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