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Apr 11, 2013Out-of-Touch Legislators Vote for “Physician Imprisonment Act” Despite Opposition from 73% of Montanans

Contact: Emily Bentley, ebentley@compassionandchoices.org
406-546-6552

By Compassion & Choices staff
April 11, 2013

(Helena, MT) – HB505, an extreme bill that would eliminate Montana’s currently legal practice of aid in dying and make it a felony, was blasted to the Senate Floor this afternoon on a 31-17 procedural vote. The blast motion overrides the vote of the Judiciary Committee, which tabled the bill last week. Opponents of aid in dying worked the system to get a second chance to pass the Physician Imprisonment Act, which, according to a recent poll, 73 percent of Montanans oppose.

The following statement can be attributed to Emily Bentley, Campaign Manager, Compassion & Choices Montana.

“We are disappointed that the Montana Senate did not respect the Judiciary Committee’s ability to decide the merits of this bill based on the testimony senators heard on March 26. The bill was tabled with bi-partisan opposition in committee. Montana senators have much more important things to work on at this critical time in the legislature than intimidating compassionate doctors. This bill undercuts Montanans’ expectations of personal autonomy without government interference. It parachutes big government into families’ most personal moments and criminalizes compassionate medical care. We will continue to work to defeat this bill because it would deny suffering, terminally ill patients the ability to choose aid in dying, by imprisoning doctors who support their patients’ decisions. We urge the full Senate to block this bill on its merits when it is considered.”

The overwhelming majority of Montanans, to the tune of 82 percent, believe that end-of-life choices are private decisions that should be made without government interference, according to an April 2013 poll of likely voters conducted by Global Strategy Group.

A memo released by Global Strategy Group reveals that “these data suggest that legislators will pay a real price for supporting efforts to penalize and criminalize doctors for doing so. Ultimately, Montanans support the choice for others, want to be able to make the legal choice for themselves, and believe there is no role for government when it comes to making that choice.”

Nearly three-quarters of voters across party lines oppose HB505, which would send doctors to prison for providing medication that would allow a terminally ill patient to end his or her own life in a humane and dignified way. Sixty seven percent of voters say they would be less likely to vote for a legislator who supported such a proposal, including 53 percent who said they would be much less likely.

 

Apr 10, 2013“Make Your Plan” Urges End-of-Life Care Advocacy Organization

by Compassion & Choices Staff
April 10, 2013

National Healthcare Decisions Day is April 16th

Portland, OR – With only one in four Americans stating their end-of-life care decisions before they are incapacitated, Compassion & Choices today asked all Americans to “Make Your Plan” for National Healthcare Decisions Day (NHDD), April 16. The importance of planning ahead was evident in the February 6 edition of The Journal of the American Medical Association, which reported that 26% of Medicare beneficiaries spent part of their last month of life in an intensive care unit — an increase from a decade ago.

The organization offers resources free of charge, including advance directive forms for every state and tools to stimulate discussion and aid decision-making. Forms can be downloaded at compassionandchoices.org or ordered by phone at 800.247.7421.

Compassion & Choices also announced the availability of exclusive content: a dementia provision for advance directives. According to a report released last month by the Alzheimer’s Association, Alzheimer’s deaths continue to rise — increasing 68 percent from 2000-2010. The new provision can be added to any advance directive or living will to advise physicians and family of the wishes of a patient with Alzheimer’s disease or other forms of dementia.

President Barbara Coombs Lee explained why the dementia provision is so important. “Most advance directives take effect only when a person is unable to make healthcare decisions and is either ‘permanently unconscious’ or ‘terminally ill,’” she said. “But what of the situation in which a person suffers from severe dementia but is neither unconscious nor dying? Without this provision in advance directives, families and doctors have no sure guide for the care of the estimated 450,000 people who will die this year with Alzheimer’s.”

Compassion & Choices has launched a social media campaign featuring bold graphics and the taglines “Ask me” and “Tell me” to prompt discussion of advance care planning, sharing the graphics from its Facebook page: facebook.com/CompassionandChoices.

Completing advance directives is the first step toward patients receiving the care they want – and only the care they want. Compassion & Choices is conducting a national campaign to stop unwanted medical treatment so that healthcare providers and institutions take all steps to honor patients’ wishes. The campaign petition can be found here: tinyurl.com/umt-petition

For more information please visit www.compassionandchoices.org

Compassion & Choices is a nonprofit organization working to improve care and expand choice at the end of life. We support, educate and advocate.

Apr 8, 2013Compassion & Choices Montana Unsurprised That Latest Polling Confirms Support for End-of-Life Choices Regardless of Party Affiliation

by Compassion & Choices staff
April 8, 2013

73% of Montanans Oppose “Physician Imprisonment Act”

(Helena) The overwhelming majority of Montanans, to the tune of 82 percent, believe that end-of-life choices are private decisions that should be made without government interference, according to an April 2013 poll of likely voters conducted by Global Strategy Group.

A memo released by Global Strategy Group reveals that “Voters want to know they have a legal option to end their own life in a humane and dignified way: More than 7 of 10 voters (71%) say that if they were terminally ill and in severe distress, they would want the legal option to end their own life in a humane and dignified way.” The memo further goes on to say, “Broad majorities of Montanans strongly support legal end-of-life choices and strongly reject any efforts to criminalize doctors for complying with their patients’ wishes. Furthermore, these data suggest that legislators will pay a real price for supporting efforts to penalize and criminalize doctors for doing so. Ultimately, Montanans support the choice for others, want to be able to make the legal choice for themselves, and believe there is no role for government when it comes to making that choice.”

Nearly three-quarters of voters across party lines oppose HB505, which would send doctors to prison for providing medication that would allow the patient to end his or her own life in a humane and dignified way. 67 percent of voters say they would be less likely to vote for a legislator who supported such a proposal, including 53 percent who said they would be much less likely.

Emily Bentley, Campaign Manager for Compassion & Choices Montana, says, “This latest polling is consistent with what we know about Montana values. People in our state agree that privacy is important and individual freedom is worth protecting. They do not want to see their doctor imprisoned for providing what they believe is good medicine. Lawmakers should pay attention.”

Apr 4, 2013Choice Advocates Won’t Back Down

by Compassion & Choices staff
April 4, 2013

Legislative action in Connecticut and Montana reached a fever pitch in March, with advocates demonstrating in words and actions the power of the end-of-life choice movement. Impassioned supporters in both states provided a forceful collective voice and a formidable match for our dogmatic opponents.

Our Connecticut team brought the aid-in-dying bill to the brink of an important legislative hurdle, mustering the votes necessary to move HB 6645, “An Act Concerning Compassionate Aid in Dying,” through the Public Health Committee. But despite majority support from the public and the committee members, the threat of a filibuster halted the bill’s progress … for this year.  Compassion & Choices applauds the committee members who supported the bill and lawmakers’ commitment to hear the public debate on this vital issue moving. We will work with our dedicated advocates for the remainder of the year to be in a strong position at the start of next year’s legislative session to advance this important bill.

Our advocates were extraordinary this legislative session. Sixty supporters arrived by bus, car and train on March 20 to fill the Capitol in Hartford for what turned out to be a marathon 15-hour hearing before the Joint Public Health Committee. Enthusiasm for held all the way through our final supporter’s testimony at 1:30 a.m.! Compassion & Choices President Barbara Coombs Lee observed, “In my 22 years of legislative work, this hearing was the most grueling – and the most inspiring – I have ever witnessed. Compassion & Choices volunteers and supporters showed themselves to be as passionate, judicious, intelligent and dedicated as citizens can ever be.”

Following the hearing, Connecticut Attorney General George Jepsen delivered a letter strongly in favor of the bill to committee members. Local and national media are giving the issue thorough coverage, with many unable to refrain from agreeing the bill should pass. “What benefit do we get from keeping something like this illegal except to rob human beings of their own agency?” pressed an editorial in the University of Connecticut Daily Campus. Look for the latest developments on our Connecticut page.

Montana aid-in-dying opponents faced a setback when HB 505, an extreme bill that would end the state’s legal practice of aid in dying by charging physicians who provide it with a felony, failed to clear the Senate Judiciary Committee on April 2. Though opponents may try procedural maneuvers to advance the bill, we are encouraged that backers failed to move the bill through committee. Stopping this bill is necessary to protect the patient – and physician – rights Compassion & Choices helped secure through the Montana Supreme Court in 2009.

The bill, dubbed the Physician Imprisonment Act of 2013, may have been stalled by the show of force from aid-in-dying proponents at a packed hearing on March 27. The committee heard testimony from a strong turnout of Compassion & Choices supporters who drove through miles of snow to denounce HB505. Dr. Eric Kress of Missoula made the journey to Helena to speak out against this bill, which would send him to prison for up to 30 years with $150,000 in fines for providing aid in dying to three of his patients: “My suffering patients and families of those who suffer are grateful to me. All of us are grateful that our government, through the Baxter decision, has not been controlling our deeply personal decisions at the end of life.” Dr. Kress is helping to ensure lawmakers hear from their constituents. He is voicing his opposition in a statewide Compassion and Choices Montana radio campaign as well as writing opinion-editorials for Montana papers.

Dozens more doctors recently came on board to defeat “The Physician Imprisonment Act of 2013.” And the Great Falls Tribune, arguably Montana’s most influential paper, editorialized strongly against HB 505 in Death Legislation Goes Too Far: “This is an overly broad provision that could thrust the state of Montana’s prosecutors into the midst of personal decisions of family members, friends, terminally ill patients and their medical people advising them at a very difficult time.” To find out the latest on this legislation or how you can help stop it, visit our Web site’s Montana page.

Wherever you are in the nation, our fight to either expand or protect your freedom to make personal end-of-life decisions wages on. We need the dedication and involvement of supporters like you to keep our movement booming. Please visit your state page on our Web site to see all the ways you can help!

Apr 3, 2013Former Elected Official Now Super-Activist

by Compassion & Choices staff
April 3, 2013

Jane Jelinski is no stranger to politics. She served as a Gallatin County Commissioner from 1984 until 1998 and is known as an activist in Bozeman, Montana. But life can render injustice in a very personal light and fuel an even greater determination for political change.

She had always been a supporter of choice at the end of life. She was gratified when the Montana Supreme Court’s Baxter decision declared aid in dying was an option available to Montanans who are terminally ill and had followed subsequent efforts to establish a framework for the practice. Then it got personal.

Just over a year ago, Jane talked with her close friend Judy, who had endured a progression of incurable and progressive illnesses for the past 18 years. “She had talked about her pain many times, but on this day she told me that her life was unrelenting agony,” Jane remembers. “She could not eat, sleep, sit, lie down or walk without pain. There was just no pleasure in her life anymore.”

The following evening, a Sunday night, Judy drove to a vacant parking lot, alone with a gun, and shot herself. “She was exactly my age. I did not know she was going to kill herself. But it broke my heart because she has a loving family and went to all these elaborate preparations to conceal from them what she was going to do. I was so horrified by that — the violence and the loneliness of it. “

Jane urged members of the state legislature to affirm access to aid in dying. She learned there was a bill — SB 220, the Montana Death with Dignity Act — that would do just that by creating explicit protections for doctors that would make the practice more widely available. Through bill sponsor Rep. Dick Barrett she learned about Compassion & Choices and began working to help give people facing terminal illness better options than Judy had. She quickly began enlisting other activists from among her friends and neighbors, and reaching out to key community members.

On February 11, with the thermometer well below freezing, Jane hit the road, driving for hours across the rugged Montana landscape to the state Capitol in Helena. There in a hearing room before the Senate Judiciary Committee, she shared Judy’s story in support of SB 220. “She should have had access to medication she could have self-administered so she could have died painlessly and peacefully at home with her family.  Please support SB 220 so future patients might not have to endure such a violent and lonely end to their unbearable suffering.”

Jane learned days later that the committee had voted to table SB 220, effectively ending its chances until the next legislative session, in 2015. Worse news was to come.

Rep. Krayton Kerns introduced HB 505, now known as the “Physician Imprisonment Act of 2013.” Aiming to gut the court’s ruling, Kerns’ bill called for imprisoning doctors for 10 years on felony charges if they provided aid in dying to their patients who request it. As the bill moved through the Montana House, Jane wrote to the editor of The Bozeman Daily Chronicle, lambasting “politicians [who] would arrogantly substitute their personal beliefs for your choices.” The paper published her letter — right next to an ad paid for by aid-in-dying opponents. It was a strong one-two punch. People who saw the ad and her letter contacted Jane about getting involved.

Jane contacted her state Senator Larry Jent and Gov. Steve Bullock. Both were politicians she had worked with as a commissioner; she supported them in their campaigns.

For the March Judiciary Committee hearing on HB 505, Jane got back in the car and once again made the 60-mile journey to Helena. She joined doctors, social workers, nurses, terminally ill patients and other survivors to speak out for patient choice. They denounced a bill that is so extreme it would make it a felony for doctors to answer their patients’ questions about how to die peacefully if a terminal disease became unbearable. “I do not want to be denied the right to die with dignity,” Jane said, “because of legislators’ intrusion into the most private decisions a person can make.”

Jane has also reached out to her neighbors and friends to help fund Compassion & Choices’ statewide radio and print ad campaign, bringing attention to the “Physician Imprisonment Act.” Their contributions mean these ads are turning up the heat on legislators who hear increasingly from their constituents in opposition to the bill. At the time this story goes to press, the bill’s fate is unknown. But if it makes it out of the Senate, the cry will become even stronger for Gov. Bullock to exercise his veto.

Compassion & Choices knows it takes more than just legislation or court action to give people real options at the end of life. Regardless of the outcome in the Montana legislature, every doctor and patient must know the option is available, and doctors need to understand the practice. Jane Jelinski continues to help by bringing that knowledge and understanding to her community. In March, she introduced Compassion & Choices organizers to Bozeman area doctors, who this month will host a breakfast conversation with fellow physicians and caregivers about the availability of aid in dying in Montana.

“I just think that as citizens we have a responsibility to stand up for what we believe in,” Jane says. “After I retired from being county commissioner I taught state and local government at MSU, and what I always told my students was: ‘The world is run by those who show up.’ I think if everybody would think about that and get off their duffs and just show up, we’d have a better society.”