Problems with H.B. 391

By Margaret Dore, Esq., MBA

H.B. 391 seeks to legalize physician-assisted suicide in Utah.  I am a lawyer in Washington State where we have a similar law.  Our law is based on a law in Oregon.  

Problems include:

1.  HB 391, if enacted, will encourage people with years to live to throw away their lives.

HB 391 seeks to legalize assisted suicide for persons with a "terminal disease," which is defined as having less than six months to live.  In Oregon's law, which uses the same definition, young adults with chronic conditions, such as diabetes, are "eligible" for assisted suicide.  Such persons can have years, even decades, to live.  See https://choiceisanillusion.files.wordpress.com/2014/12/a-2270-3r-memo-12-02-14.pdf   "Eligible" patients can also have years to live because doctors can be wrong.  See https://choiceisanillusion.files.wordpress.com/2013/10/terminal-uncertainty.pdf and https://choiceisanillusion.files.wordpress.com/2014/08/signed-john-norton-affidavit_001.pdf

2.  HB 391, if enacted, will allow health care providers/institutions to use coverage incentives to steer patients to suicide.

In Oregon, that state's Medicaid Plan steers patients to suicide through coverage incentives.  If HB 391 is enacted, Utah health care providers/institutions will be able to do the same thing.  For more information about Oregon's situation, see the affidavit of Kenneth Stevens, MD, at this link:  https://maasdocuments.files.wordpress.com/2014/08/dr-stevens-affidavit_001.pdf 

3.  Legalization is a recipe for elder abuse. 

HB 391, like Washington's law, has no oversight at the death.  No doctor is required to be present. Not even a witness is required.  This situation creates the opportunity for an heir, or another person who will benefit from the patient's death, to administer the lethal dose to the patient without his consent. Even if he struggled, who would know?

4.  Increased suicide

In Oregon, other suicides have increased with the legalization of physician-assisted suicide.  See http://www.choiceillusion.org/2014/03/the-high-financial-cost-of-regular.html Legalization, regardless, sends the wrong message to young people that suicide is an acceptable solution to life's problems. Utah already has one of the highest suicide rates in the nation.  See http://www.standard.net/Health/2014/05/22/Utah-suicide-rate-soars

5.  Washington's similar law.

For a short article about Washington's similar law, please go here (non-lawyers tell me they like it):  https://www.kcba.org/newsevents/barbulletin/BView.aspx?Month=05&Year=2009&AID=article5.htm

Ken Stevens MD: "legalizing assisted suicide can result in decreased patient choice"

Assisted Suicide
http://www.sltrib.com/sltrib/opinion/53280042-82/suicide-patients-assisted-oregon.html.csp

Updated Jan 19, 2012 01:01AM

Patty Henetz' "Do Utahns have the right to choose how they die?" (Tribune, Jan. 8) refers to the legalization of assisted suicide in Oregon. Utahns should understand that legalizing assisted suicide can result in decreased patient choice.

I have been a cancer doctor in Oregon for more than 40 years. The combination of assisted-suicide legalization and prioritized medical care based on prognosis has created a danger for my patients on the Oregon Health Plan (Medicaid).

The plan limits medical care and treatment for patients with a 5 percent or less likelihood of surviving five years. Patients in that category who have a good chance of living another three years and who want to live cannot receive surgery, chemotherapy or radiation therapy. However, the plan will cover the patient's suicide.

Oregon law says only patients with no more than six months to live are eligible for voluntary suicide, but the plan nonetheless offers suicide to patients in this category.

The mere presence of legal assisted suicide steers patients toward suicide. One patient was adamant to use the law. I convinced her to be treated. Eleven years later she is thrilled to be alive.

Kenneth Stevens, M.D.

Sherwood, Ore.