Oregon Death with Dignity Act
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Ballot Measure 16 of 1994 established the U.S. state of Oregon's Death with Dignity Act (ORS 127.800-995), which legalizes physician-assisted dying with certain restrictions. Passage of this initiative made Oregon the first U.S. state and one of the first jurisdictions in the world to permit some terminally ill patients to determine the time of their own death.
The measure was narrowly approved in the November 8, 1994 general election. 627,980 votes (51.3%) were cast in favor, 596,018 votes (48.7%) against.[1]
Ballot Measure 51, referred by the state legislature in 1997, sought to repeal the Death with Dignity act, but was rejected by 60% of voters.
The Act was challenged by the George W. Bush administration, but was upheld by the Supreme Court of the United States in Gonzales v. Oregon in 2005.
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[edit] The law
Under the law, a capable adult Oregon resident who has been diagnosed by a physician with a terminal illness that will kill them within six months may request in writing, from his or her physician, a prescription for a lethal dose of medication for the purpose of ending the patient's life. The request must be confirmed by two witnesses, one of whom cannot be related to the patient, be entitled to any portion of the patient's estate, be the patient's physician, or be employed by a health care facility caring for the patient. After the request is made, another physician must examine the patient's medical records and confirm the diagnosis. The patient must be determined to not suffer from a mental condition impairing judgment. If the request is authorized, the patient must wait at least fifteen days and make a second oral request before the prescription may be written. The patient has a right to rescind the request at any time.
The law protects doctors from liability for providing a lethal prescription for a terminally ill, competent adult in compliance with the statute restrictions. Participation by physicians is voluntary. The law also specifies a patient's decision to end his or her life shall not "have an effect upon a life, health, or accident insurance or annuity policy."
[edit] Attempts to repeal
In addition to the standard arguments against physician-assisted dying, opponents feared that terminally ill people throughout the nation would flock to Oregon to take advantage of the law. This fear has not been realized, largely because drafters of the law limited its use to Oregon residents.[2] Despite the measure's passage, implementation was tied up in the courts for several years.
The Oregon Legislative Assembly referred Measure 51, which would have repealed the law, to the people in 1997.
Proponents of Measure 51 argued that the Death with Dignity Act lacked a mandatory counseling provision, a family notification provision, strong reporting requirements, or a strong residency requirement.[3] Measure 51 opponents argued that sending the measure back to voters was disrespectful considering they had already passed Measure 16 via the initiative process. They also felt that the safeguards in the Death with Dignity Act were adequate.
Measure 51 was defeated in the 4 November 1997 special election with 445,830 votes in favor, and 666,275 votes against.[4]
Some members of the United States Congress, notably Senator Don Nickles of Oklahoma, tried to block implementation of Measure 16, but failed.[5][6]
In 2002, federal judge Robert E. Jones blocked a move by U.S. Attorney General John Ashcroft to suspend the license for prescribing drugs covered in the Controlled Substances Act of doctors who prescribed life-ending medications under the Oregon law.[7] The Ninth Circuit Court of Appeals affirmed the block, stating that the "Attorney General lacked Congress' requisite authorization". F.9a 9913 (2004).[8]
In October, 2005, the U.S. Supreme Court heard arguments in the case of Gonzales v. Oregon to determine the fate of the Death with Dignity law. Arguing on behalf of the state was Oregon Senior Assistant Attorney General Robert Atkinson. Oregon's five Democratic members of Congress also filed a brief in support of the State's position.[9] U.S. Solicitor General Paul Clement argued on behalf of the Bush administration, which challenged Oregon's right to regulate the practice of medicine when that practice entails prescribing federally controlled substances. On January 17, 2006, the court ruled 6-3 in favor of Oregon, upholding the law.[10]
As of 2007, 341 people have taken their lives under Oregon's Death with Dignity Act.[11]
[edit] See also
[edit] References
- ^ Oregon Blue Book: Initiative, Referendum and Recall: 1988-1995
- ^ Howell, Joseph (2006). Death With Dignity Act 2006 Annual Report. State of Oregon. Retrieved on 2007-04-11.
- ^ Measure 51 Legislative Argument in Support
- ^ Measure 51 election results from Oregon Secretary of State
- ^ Wentz, Patty. "Dignified suicide", Willamette Week 25th Anniversary edition. Retrieved on 2007-06-28.
- ^ Senate Bill To Nullify Death With Dignity Act Also Threatens Pain Care Nationwide. Compassion in Dying. Body Health Resources Corporation (Spring 2000). Retrieved on 2007-04-17.
- ^ Johnson, Kevin. "Federal judge backs Oregon suicide law", April 18, 2002. Retrieved on 2007-03-18.
- ^ http://www.compassionindying.org/press.php
- ^ Daly, Matthew. "Assisted suicide defended", Associated Press, The Columbian, July 21, 2005.
- ^ Christie, Tim. "Assisted suicide upheld", The Register-Guard, January 18, 2006.
- ^ http://egov.oregon.gov/DHS/ph/pas/docs/year10.pdf
[edit] External links
- Text of the law
- State government website about law
- Web site opposed to the law
- Web site in favor of law
- Compassion & Choices
- Briefs filed by the state of Oregon in the Oregon v. Gonzales case
- Is the Oregon Death with Dignity Act a good law? Website with pros and cons
- Oregon Voter's Guide page on Measure 51--includes the full text of the measure, and arguments for and against
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