On Monday, December 17, 2012, MAAS filed a new lawsuit against the Montana Board of Medical Examiners.
The lawsuit is a response to the Board's order entered on November 16, 2012 refusing to vacate Position Statement No. 20. The lawsuit's claims include that the statement is invalid because it was adopted "without statutory authorization, . . . outside the Board's subject matter jurisdiction and/or because it is an infringement on the role of the Legislature."
The petition for the lawsuit can be viewed by clicking here. The attachments to that petition can be viewed by clicking here and here.
Friday, December 21, 2012
Wednesday, December 19, 2012
Gazette opinion: Time to update Montana elder abuse law
The Montana Elder and Persons with Developmental Disabilities Act was intended to protect especially vulnerable citizens. But the statute isn’t used as often as it should be in criminal cases.
Labels:
Elder abuse
"Compassion & Choices is a successor organization to the Hemlock Society"
http://helenair.com/news/opinion/readers_alley/assisted-suicide-law-could-lead-to-patient-mistreatment/article_32bac11c-4985-11e2-9338-0019bb2963f4.html?print=true&cid=print
12/19/12
12/19/12
Theresa Schrempp Seattle, Wash.
I am a lawyer in Washington State where assisted-suicide is legal.
Your readers should know that Compassion & Choices is a successor organization to the Hemlock Society, originally formed by Derek Humphry. In 2011, Humphry was the keynote speaker at Compassion & Choices’ annual meeting here in Washington State. In 2011, he was also in the news as a promoter of mail-order suicide kits from a company now shut down by the FBI. This was after a 29 year old man used one of the kits to commit suicide.
In 2007, Compassion & Choices was a plaintiff in Montana’s assisted-suicide case. Compassion & Choices requested legalization of assisted-suicide for “terminally ill adult patients.” The definition of this phrase was broad enough to include an otherwise healthy 18 year old who is insulin dependent or a young adult with stable HIV/AIDS. Such persons can live for decades with appropriate medical treatment.
Once someone is labeled “terminal,” an easy justification can be made that their treatment should be denied in favor of someone more deserving. Those who believe that legalizing assisted-suicide will promote free choice may discover that it does anything but.
3. Here is a link to my opinion letter with Richard Wonderly MD analyzing Compassion & Choices' definition of "terminally ill adult patient." http://choiceisanillusion.files.wordpress.com/2012/07/schrempp_wonderly_opn_ltr1.pdf
In 2007, Compassion & Choices was a plaintiff in Montana’s assisted-suicide case. Compassion & Choices requested legalization of assisted-suicide for “terminally ill adult patients.” The definition of this phrase was broad enough to include an otherwise healthy 18 year old who is insulin dependent or a young adult with stable HIV/AIDS. Such persons can live for decades with appropriate medical treatment.
Once someone is labeled “terminal,” an easy justification can be made that their treatment should be denied in favor of someone more deserving. Those who believe that legalizing assisted-suicide will promote free choice may discover that it does anything but.
Supporting authority not included in the published letter, below:
1. This is a link to Compassion & Choices' newsletter announcing that Humphry would be the keynote speaker at its annual meeting in Washington State on October 22, 2012: http://choiceisanillusion.files.wordpress.com/2011/10/derek.pdf
2. This is an excerpt from Oregon's Register-Guard newspaper:
1. This is a link to Compassion & Choices' newsletter announcing that Humphry would be the keynote speaker at its annual meeting in Washington State on October 22, 2012: http://choiceisanillusion.files.wordpress.com/2011/10/derek.pdf
2. This is an excerpt from Oregon's Register-Guard newspaper:
- "A spotlight was cast on the mail-order suicide kit business after a 29-year-old Eugene man committed suicide in December using a helium hood kit. The Register-Guard traced the $60 kit to [the company, which] has no website and does no advertising; clients find [the] address through the writings of Humphry."
3. Here is a link to my opinion letter with Richard Wonderly MD analyzing Compassion & Choices' definition of "terminally ill adult patient." http://choiceisanillusion.files.wordpress.com/2012/07/schrempp_wonderly_opn_ltr1.pdf
Monday, December 17, 2012
Time to strengthen assisted suicide law
http://helenair.com/news/opinion/readers_alley/time-to-strengthen-assisted-suicide-law/article_b8257dd0-45be-11e2-b96a-0019bb2963f4.html
December 13, 2012, Independent Record
I have several concerns about the practice of assisted suicide, which has been rejected by most states and is currently legal in only two states (Washington and Oregon). 1) The potential for elder abuse is very real. Patients in Oregon with a “terminally ill” diagnosis have been refused treatment and steered toward assisted suicide. Patients can be pressured by a relative, who can even administer the dose. 2) A “terminally ill” diagnosis can be wrong. Some patients recover with treatment and may live a long time. 3) Montana already has a high suicide rate and state policy is directed at lowering that rate. The suicide rate in Oregon has increased since their law was passed.
Please tell your legislators to clarify and strengthen our law against assisted suicide.
Ruth Plesner
Victor
December 13, 2012, Independent Record
I have several concerns about the practice of assisted suicide, which has been rejected by most states and is currently legal in only two states (Washington and Oregon). 1) The potential for elder abuse is very real. Patients in Oregon with a “terminally ill” diagnosis have been refused treatment and steered toward assisted suicide. Patients can be pressured by a relative, who can even administer the dose. 2) A “terminally ill” diagnosis can be wrong. Some patients recover with treatment and may live a long time. 3) Montana already has a high suicide rate and state policy is directed at lowering that rate. The suicide rate in Oregon has increased since their law was passed.
Please tell your legislators to clarify and strengthen our law against assisted suicide.
Ruth Plesner
Victor
Monday, December 10, 2012
Liberal Massachusetts Defeated Assisted Suicide
http://www.lowellsun.com/todaysheadlines/ci_22157064/support-withered-assisted-suicide-ballot-question#ixzz2Egbgwy23
Support withered for assisted-suicide question
By Chris Camire
In late September, polls showed a ballot initiative that would make physician-assisted suicide legal for terminally ill patients had support from 68 percent of Massachusetts voters.
Over the next month, that support steadily eroded, and on Election Day the measure failed by a razor-thin 51-49 percent margin.
How did a proposal that seemed sure to pass just five weeks before the election come up short?
Joseph Baerlein, president of Rasky Baerlein Strategic Communications, who handled public relations for the Committee Against Physician Assisted Suicide, said the measure's opponents had to convince voters who supported the idea of assisted suicide that the bill before them was flawed.
"We focused our campaign strategy on looking at those weaknesses," said Baerlein.
Support withered for assisted-suicide question
By Chris Camire
In late September, polls showed a ballot initiative that would make physician-assisted suicide legal for terminally ill patients had support from 68 percent of Massachusetts voters.
Over the next month, that support steadily eroded, and on Election Day the measure failed by a razor-thin 51-49 percent margin.
How did a proposal that seemed sure to pass just five weeks before the election come up short?
Joseph Baerlein, president of Rasky Baerlein Strategic Communications, who handled public relations for the Committee Against Physician Assisted Suicide, said the measure's opponents had to convince voters who supported the idea of assisted suicide that the bill before them was flawed.
"We focused our campaign strategy on looking at those weaknesses," said Baerlein.
Sunday, December 9, 2012
Recipe for Elder Abuse
http://missoulian.com/news/opinion/mailbag/assisted-suicide-recipe-for-elder-abuse/article_261d7ce0-3e1f-11e2-8f87-001a4bcf887a.html
December 04, 2012 7:45 am
Brad Williams (letter, Nov. 28) is correct, assisted suicide is not legal in Montana (Associated Press, Nov. 16). The Montana Supreme Court decision, Baxter v. State, merely gives doctors a potential defense to prosecution for homicide.
In the 2011 legislative session, Sen. Anders Blewett and I introduced competing bills in response to Baxter, neither of which passed. His bill sought to legalize assisted suicide; mine sought to eliminate the defense.
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."
Similar statements were made by others. For example, Dr. Stephen Speckart testified: "most physicians feel significant disease 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
Legal assisted suicide is, regardless, a recipe for elder abuse in which heirs are empowered to pressure and abuse older people to cut short their lives.
Assisted suicide is not legal in Montana. The potential defense to prosecution is, however, a "toe in the door," which could lead to legalization in the future. Tell your legislators that you support reversing the defense to keep assisted suicide out of Montana.
Sen. Greg Hinkle, Thompson Falls
December 04, 2012 7:45 am
Brad Williams (letter, Nov. 28) is correct, assisted suicide is not legal in Montana (Associated Press, Nov. 16). The Montana Supreme Court decision, Baxter v. State, merely gives doctors a potential defense to prosecution for homicide.
In the 2011 legislative session, Sen. Anders Blewett and I introduced competing bills in response to Baxter, neither of which passed. His bill sought to legalize assisted suicide; mine sought to eliminate the defense.
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."
Similar statements were made by others. For example, Dr. Stephen Speckart testified: "most physicians feel significant disease 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
Legal assisted suicide is, regardless, a recipe for elder abuse in which heirs are empowered to pressure and abuse older people to cut short their lives.
Assisted suicide is not legal in Montana. The potential defense to prosecution is, however, a "toe in the door," which could lead to legalization in the future. Tell your legislators that you support reversing the defense to keep assisted suicide out of Montana.
Sen. Greg Hinkle, Thompson Falls
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