Talking Points for the Public and the Media
As of January 1, 2012
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1. What is physician-assisted suicide?
The American Medical Association defines physician-assisted suicide as follows: "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 (eg, the physician provides sleeping pills and information about the lethal dose, while aware that the patient may commit suicide)." (A.M.A. Code of Medical Ethics, Opinion 2.211).
2. Is it true that most states have rejected assisted suicide?
The American Medical Association defines physician-assisted suicide as follows: "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 (eg, the physician provides sleeping pills and information about the lethal dose, while aware that the patient may commit suicide)." (A.M.A. Code of Medical Ethics, Opinion 2.211).
2.
Yes. There are just two states where assisted suicide is legal: Oregon and Washington.
3. Why is assisted suicide a recipe for elder abuse?
In Oregon and Washington, assisted suicide statutes have significant gaps that put elders at risk. The most obvious gap is a lack of witnesses when the lethal dose is administered. Without disinterested witnesses, the opportunity is created for an heir, or another person who will benefit from the death, to administer the lethal dose to the person against his will. Even if the person struggled, who would know?[1]
Preventing elder abuse is official Montana State policy.[2]
Preventing elder abuse is official Montana State policy.[2]
4. Why is legislation needed to strengthen Montana's law against assisted suicide?
In 2009, the Montana Supreme Court issued Baxter v. State, which left our law unclear. See e.g. The Montana Lawyer, November 2011, where the editor's headline states: "Court ruling still leaves the [assisted suicide] issue open to argument."[3] More immediately, suicide proponents are engaged in a misinformation campaign that assisted suicide is legal under Baxter.[4] This puts Montana citizens, especially the elderly, at risk to coercion, abuse and worse.
5. How does legal assisted suicide empower the government, not the individual?
In 2009, the Montana Supreme Court issued Baxter v. State, which left our law unclear. See e.g. The Montana Lawyer, November 2011, where the editor's headline states: "Court ruling still leaves the [assisted suicide] issue open to argument."[3] More immediately, suicide proponents are engaged in a misinformation campaign that assisted suicide is legal under Baxter.[4] This puts Montana citizens, especially the elderly, at risk to coercion, abuse and worse.
5. How does legal assisted suicide empower the government, not the individual?
In Oregon, patients under the Oregon Health Plan (Medicaid) have been steered to suicide. The most well-known cases involve Barbara Wagner and Randy Stroup. See Susan Donaldson James, "Death Drugs Cause Uproar in Oregon," ABC News, August 6, 2008 and "Letter noting assisted suicide raises questions," KATU TV, July 30, 2008.
Wagner and Stroup each wanted treatment. Id. The Oregon Health Plan offered them assisted suicide instead. Id. Neither Wagner nor Stroup saw this as a celebration of their "rights." Wagner said: “I'm not ready to die.” (KATU article). Stroup said: “This is my life they’re playing with.” (ABC News article).
6. Will legalization of assisted suicide apply to people who aren't dying?
Probably, yes. In Washington and Oregon, assisted suicide laws apply to people diagnosed with less than six months to live. These people are not necessarily dying. See e.g. Nina Shapiro, “'Terminal Uncertainty,' Washington’s new 'Death with Dignity' law allows doctors to help people commit suicide - once they’ve determined that the patient has only six months to live. But what if they’re wrong?" The Seattle Weekly, January 14, 2009.
7. Will legalization of assisted suicide apply to people with chronic conditions such as diabetes, who are not dying?
Possibly, yes. During the Baxter litigation, the plaintiffs proposed that assisted suicide, termed "aid in dying," be applied to "terminally ill adult patients." See: http://maasdocuments.files.wordpress.com/2011/07/plaitiffs_proposal_001.pdf
The proposed definition of this term was so broad as to render young adults with diabetes and other chronic conditions such as HIV/AIDS "eligible" for assisted suicide. In a joint opinion letter, attorney Theresa Schrempp and Doctor Richard Wonderly stated that such patients "could live for decades." See http://www.euthanasiaprevention.on.ca/ConnMemo02.pdf
8. Will legalization of physician-assisted suicide in Montana affect our already high suicide rate?
If we follow Oregon’s pattern, yes. Oregon's suicide rate, which excludes suicides under its physician-assisted suicide law, has been "increasing significantly" since 2000.[5] Just three years prior, in 1997, Oregon legalized physician-assisted suicide.[6] This significant increase is consistent with a suicide contagion. In other words, normalizing one type of suicide encouraged other suicides.
Suicide prevention for people of “all ages” is official Montana State policy.[7] Montana already has one of the highest suicide rates in the country. We don’t need more suicide.
9. How can I help?
Sign our petition to tell your legislators to clarify and strengthen our law against assisted suicide. Please volunteer and donate what you can.
Thank you so much!
Wagner and Stroup each wanted treatment. Id. The Oregon Health Plan offered them assisted suicide instead. Id. Neither Wagner nor Stroup saw this as a celebration of their "rights." Wagner said: “I'm not ready to die.” (KATU article). Stroup said: “This is my life they’re playing with.” (ABC News article).
6. Will legalization of assisted suicide apply to people who aren't dying?
Probably, yes. In Washington and Oregon, assisted suicide laws apply to people diagnosed with less than six months to live. These people are not necessarily dying. See e.g. Nina Shapiro, “'Terminal Uncertainty,' Washington’s new 'Death with Dignity' law allows doctors to help people commit suicide - once they’ve determined that the patient has only six months to live. But what if they’re wrong?" The Seattle Weekly, January 14, 2009.
7. Will legalization of assisted suicide apply to people with chronic conditions such as diabetes, who are not dying?
Possibly, yes. During the Baxter litigation, the plaintiffs proposed that assisted suicide, termed "aid in dying," be applied to "terminally ill adult patients." See: http://maasdocuments.files.wordpress.com/2011/07/plaitiffs_proposal_001.pdf
The proposed definition of this term was so broad as to render young adults with diabetes and other chronic conditions such as HIV/AIDS "eligible" for assisted suicide. In a joint opinion letter, attorney Theresa Schrempp and Doctor Richard Wonderly stated that such patients "could live for decades." See http://www.euthanasiaprevention.on.ca/ConnMemo02.pdf
8. Will legalization of physician-assisted suicide in Montana affect our already high suicide rate?
If we follow Oregon’s pattern, yes. Oregon's suicide rate, which excludes suicides under its physician-assisted suicide law, has been "increasing significantly" since 2000.[5] Just three years prior, in 1997, Oregon legalized physician-assisted suicide.[6] This significant increase is consistent with a suicide contagion. In other words, normalizing one type of suicide encouraged other suicides.
Suicide prevention for people of “all ages” is official Montana State policy.[7] Montana already has one of the highest suicide rates in the country. We don’t need more suicide.
9. How can I help?
Sign our petition to tell your legislators to clarify and strengthen our law against assisted suicide. Please volunteer and donate what you can.
Thank you so much!
* * *
[1] See 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 (discussing the Oregon and Washington laws).
[2] See e.g., Montana Elder and Persons With Developmental Disabilities Abuse Prevention Act, 52-3-801 et. seq., MCA
[3] 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
[4] See Senator Jim Shockley and Margaret Dore, "No, physician-assisted suicide is not legal in Montana: It's a recipe for elder abuse and more," The Montana Lawyer, November 2011, p.25 (describing "public confusion" due to propaganda by Denver based Compassion & Choices), available at http://www.montanansagainstassistedsuicide.org/p/montana-lawyer-article.html
[5] Oregon Government News Release, September 9, 2010 ("After decreasing in the 1990's, suicide rates have been increasing significantly since 2000 . . .").
[6] "Oregon's Death with Dignity Act: The First Year's Experience," page 1 ("On October 27, 1997, physician-assisted suicide became . . . legal . . ."). Available at: http://public.health.oregon.gov/ProviderPartnerResources/EvaluationResearch/DeathwithDignityAct/Documents/year1.pdf
[7] See 53-21-1101(2)(b), MCA (regarding Montana’s suicide prevention program, which is to address reducing suicides by Montanans “of all ages”).
[2] See e.g., Montana Elder and Persons With Developmental Disabilities Abuse Prevention Act, 52-3-801 et. seq., MCA
[3] 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
[4] See Senator Jim Shockley and Margaret Dore, "No, physician-assisted suicide is not legal in Montana: It's a recipe for elder abuse and more," The Montana Lawyer, November 2011, p.25 (describing "public confusion" due to propaganda by Denver based Compassion & Choices), available at http://www.montanansagainstassistedsuicide.org/p/montana-lawyer-article.html
[5] Oregon Government News Release, September 9, 2010 ("After decreasing in the 1990's, suicide rates have been increasing significantly since 2000 . . .").
[6] "Oregon's Death with Dignity Act: The First Year's Experience," page 1 ("On October 27, 1997, physician-assisted suicide became . . . legal . . ."). Available at: http://public.health.oregon.gov/ProviderPartnerResources/EvaluationResearch/DeathwithDignityAct/Documents/year1.pdf
[7] See 53-21-1101(2)(b), MCA (regarding Montana’s suicide prevention program, which is to address reducing suicides by Montanans “of all ages”).
