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