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!
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[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! 
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*  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