Oregon was the first state to make legal physician-assisted suicide. The law called the Death with Dignity Act was passed in 1994. Many attempts to repeal the law were tried with the last serious attempt brought by the Bush administration in 2005.
The Bush administration challenged Oregon’s right to regulate the practice of medicine when a physician prescribes a federally controlled substance. In January 2006, the United States Supreme Court upheld Oregon’s right to legislate physician-assisted suicide within its own borders.
Since that time two other states have legalized physician-assisted suicide. Washington passed a similar statute in 2008 and in 2009 the Montana Supreme Court ruled at a physician who assisted a patient to end his or her own life did not violate public policy, although it also held that there was no constitutional guarantee a right to physician-assisted suicide.
Oregon law is carefully crafted
Under the provisions of the Oregon law, a person must be diagnosed with a terminal illness and have a life expectancy of less than six months. The request from the patient must be in writing and must be initiated by the patient.
The written request must be confirmed by two witnesses who are not related to the patient or in any way entitled to any portion of the patient’s estate. The witnesses may not be employed by a health care facility which is caring for the patient.
When the request is made, a second physician must confirm the original terminal diagnosis and the patient must be examined and determined to be free of any medical conditional which would impair judgment. After all these conditions are satisfied, the patient must make a second oral request at least 15 days after the written request. Only then can a prescription be written by a physician.
Internet spawns the sale of “suicide kits”
However, after a 29-year-old Eugene resident killed himself with a kit he had purchased from an online site, the Oregon state legislature acted.
Yesterday the Oregon State Senate unanimously passed a bill to prohibit the sale of “suicide kits” in Oregon and to bring people accused of selling the kits to Oregon for prosecution.
Sen. Floyd Prozanski, a Democrat from Eugene, sponsored the bill. He said that it was especially important because minors could easily access these online sites and buy kits with the intention of killing themselves. The measure will now go to the House.
The Eugene man used a kit purchased from a company in California. He did not meet any of the requirements of the Oregon Death with Dignity Act.
Robert Gebbia, executive director of the American Foundation for Suicide Prevention, told reporters that the U.S. House of Representatives is considering a bill that would make it a crime to provide information that encourages a person to take their own life.
Sales of "suicide kits" jumped after reports of the dealth of the Eugene man.
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