End-of-Life Choice, Death with Dignity, Palliative Care and Counseling

Posts TaggedDeath with Dignity

Bill to Imprison Doctors for Aid in Dying Defeated in Montana Legislature

CONTACT: Sean Crowley, 202-550-6524, [email protected]
Jessica Grennan, 202-699-2738, JGrennan@compassionandchoices.org

Senate Reverses Course from Last Week

(Helena, Mont. – Apr. 15, 2013) The nation’s leading end-of-life choice advocacy group, Compassion & Choices, praised the Montana Senate today for reversing course and rejecting a House-passed bill that would imprison doctors for up to 10 years if they provide aid in dying to terminally ill patients. The 27-23 bipartisan vote against the so-called Doctor Imprisonment Act, HB505, came after both Democrats and Republicans spoke out against the legislation. Just last week, the Senate voted 31-17 to approve a motion to “blast” the legislation out of committee to the Senate floor.

“This bipartisan vote is a win for Montanans and the doctors who honor the wishes of their terminally ill patients by supporting their choice to die with dignity on their own terms,” said Compassion & Choices President Barbara Coombs Lee, a nurse and physician assistant for 25 years before becoming a private attorney and a Chief Petitioner of the first-in-the nation 1994 Oregon Death with Dignity Act. “The legislature did the right thing by honoring the wishes of the vast majority of Montanans who don’t want the government dictating their medical treatment at the end of their lives. Today’s vote is in line with the national trend to approve aid in dying, not criminalize it.”

If HB 505 had become law, it would have gutted a 2009 Montana Supreme Court ruling in Baxter v. Montana, a case brought by Compassion & Choices. The court confirmed it does not violate state public policy in Montana for a physician to provide aid in dying to a mentally competent, terminally ill adult.

“If HB505 had passed, I could have gone to prison for providing the medical care my terminally ill patients request,” said Dr. Eric Kress, a family physician at Western Montana Clinic, who has written aid in dying prescriptions for three patients since the Baxter decision. Kress narrated a statewide radio campaign opposing HB 505, appeared in print ads featuring quotes from other doctors opposed to HB 505 and authored an oped opposing HB 505 published last week in The Missoulian. “The overwhelmingly positive public support I have received has strengthened my resolve to ensure this right is never taken away.”

In contrast to Montana, efforts promoting patient choice at the end-of-life are underway in numerous other diverse states, including Kansas, Massachusetts, New Hampshire, New Jersey, and Vermont. In February, the Vermont Senate gave final approval to a “Death with Dignity” bill that would protect doctors from criminal or civil liability when treating terminally ill patients who choose to end their lives.

A national poll last May by Republican pollster Frank Luntz showed 84 percent of voters agree that: “How a terminally ill person chooses to end his/her life should be an individual decision and not a government decision.”

A poll of 605 likely Montana voters conducted this month by Global Strategy Group shows 73 percent of them oppose HB 505, including 81 percent of Democrats, 74 percent of Independents and 64 percent of Republicans. The poll also reveals that 67 percent of voters will be less likely to vote for a legislator who supported HB 505, including 53 percent who said they will be much less likely. Nearly seven out 10 voters (69%) support allowing a mentally competent adult who is dying of a terminal disease and in extreme pain to choose to end his or her life in a humane and dignified way, including 48% who strongly support such a choice.

Bill to Imprison Doctors for Aid in Dying Gets Preliminary Approval from Montana Legislature Gov. Bullock Urged to Veto Bill Opposed by 73% of Montanans

Contact: Sean Crowley, [email protected]
202-550-6524

by Compassion & Choices staff
April 11, 2013

(Washington, D.C. – Apr. 11, 2013) The Montana Senate today gave preliminary approval to a House-passed bill to imprison doctors for up to 10 years if they provide aid in dying to terminally ill patients, despite a new poll showing nearly three-quarters of state voters oppose the legislation. Last week, the Senate Judiciary Committee failed to approve the bill, HB505, but today the Senate approved a motion to “blast” it out of committee to the Senate floor by a 31-17 vote. This procedural vote means that unless some senators change their minds on the 2nd or 3rd and final reading of HB 505, it will become law unless Gov. Steve Bullock vetoes the bill.

“We urge Montana senators who voted ‘aye’ to reverse course. This draconian bill would punish doctors for practicing good medicine and giving their suffering patients choices at the end-of-life,” said Compassion & Choices President Barbara Coombs Lee, a nurse and physician assistant for 25 years before becoming a private attorney and a Chief Petitioner of the first-in-the nation 1994 Oregon Death with Dignity Act. “If they decide to defy the will of Montana voters, we urge Gov. Bullock to correct their error and veto this bill.”

A poll of 605 likely Montana voters conducted last week by Global Strategy Group shows 73 percent of them oppose HB 505, including 81 percent of Democrats, 74 percent of Independents and 64 percent of Republicans. The poll also reveals that 67 percent of voters will be less likely to vote for a legislator who supported HB 505, including 53 percent who said they will be much less likely. Nearly seven out 10 voters (69%) support allowing a mentally competent adult who is dying of a terminal disease and in extreme pain to choose to end his or her life in a humane and dignified way, including 48% who strongly support such a choice.

If HB 505 becomes law, it would gut a 2009 Montana Supreme Court ruling in Baxter v. Montana, a case brought by Compassion & Choices. The court confirmed it does not violate state public policy in Montana for a physician to provide aid in dying to a mentally competent, terminally ill adult.

“If HB505 passes, I will be thrown in prison. The government will strip away a right that the citizens of Montana now enjoy,” said Dr. Eric Kress, a family physician at Western Montana Clinic, who has written aid in dying prescriptions for three patients since the Baxter decision. Kress authored an oped published Sunday in The Missoulian about treating terminally ill patients in agonizing pain.

In contrast to Montana, legislative efforts promoting patient choice at the end-of-life are underway in numerous other diverse states, including Kansas, Massachusetts, New Hampshire, New Jersey, and Vermont. In February, the Vermont Senate gave final approval to a “Death with Dignity” bill that would protect doctors from criminal or civil liability when treating terminally ill patients who choose to end their lives. A national poll last May by Republican pollster Frank Luntz showed 84 percent of voters agree that: “How a terminally ill person chooses to end his/her life should be an individual decision and not a government decision.”

 

Out-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.

 

Compassion & 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.”

Compassion & Choices Applauds Montana Committee’s Rejection of “Physician Imprisonment Act”

by Compassion & Choices Staff
April 3, 2013

HB505 Fails to Clear Senate Judiciary Committee on Tie Vote

(Helena, MT) – HB505, an extreme bill that would degenerate Montana’s currently legal practice of aid in dying into a felony, failed to clear the Senate Judiciary Committee this morning. The bill was tabled on a tie vote, 6-6. The following statement can be attributed to Emily Bentley, Campaign Manager, Compassion & Choices Montana.

“This bill is a gross intrusion into the physician-patient relationship: it would stifle discussions of end-of-life options and prohibit physicians from providing aid in dying to terminally ill patients who request it. HB 505 would deny suffering, terminally ill Montanans the freedom to choose aid in dying because it would imprison doctors who support their patients’ decisions to end their suffering. Montanans overwhelmingly support aid in dying. This should be the end of the Physician Imprisonment Act.”