Amendments Seek to Weaken Patient Protections, Attestation Provisions Also Eliminated

 

By Margaret Dore, Esq.

On February 10, 2021, assisted suicide/euthanasia proponents introduced a bill seeking to amend California's End of Life Option Act. The bill, SB 380,  eliminates the Act's 2026 sunset date, and also allows a 15 day waiting period to be shortened to 48 hours in certain circumstances.[1]

Katy Grimes, editor of the California Globe (pictured), had this to say:

When it comes to carrying out the death penalty for convicted murders, the California Legislature finds the lethal drug cocktails "cruel and unusual punishment," which they say is a violation of the Eighth Amendment. Yet lawmakers were more than willing to approve a lethal drug cocktail to allow sick people to kill themselves.  I wrote [this] in 2015 as the California Legislature was considering [passage of the Act].[2]

The proposed amendments also eliminate the Act's "attestation" provisions, which is probably a good thing.[3]

A hearing on SB 380 is set for May 10, 2021. This may be subject to change. 

California's New Assisted Suicide Law: Whose Choice Will it Be?

http://jurist.org/hotline/2015/10/margaret-dore-physician-assisted-suicide.php

JURIST Guest Columnist Margaret Dore argues that a new law to legalize assisted suicide is a recipe for elder abuse and family trauma, and that it will encourage people with years to live to throw away their lives...

©  WikiMedia (Christopher Padalinski)

California has passed a bill to legalize physician-assisted suicide, which is scheduled to go into effect during 2016. "The End of Life Option Act" was sold as giving patients choice and control at the end of life. The bill, in fact, is about ending the lives of people who are not necessarily dying anytime soon and giving other people the "option" to hurry them along. The bill is a recipe for elder abuse and family trauma.

Choice is an Illusion News Release

FOR IMMEDIATE RELEASE

September 22, 2015

Contact: Margaret Dore, Esq.
206-697-1217

To view pdf, click here

San Francisco, CA -- Opponents of the assisted suicide bill on Governor Jerry Brown's desk spoke out at a San Francisco news conference today to expose how AB2X-15 encourages people with years to live to throw away their lives and is a recipe for elder abuse, in which "qualifying" individuals may be legally murdered for their money.

"The bill is sold as giving people an 'end of life option,'" said Margaret Dore, president of Choice is an Illusion, a national expert on assisted suicide and euthanasia, who spoke at the San Francisco news conference led by Bay Area political leader Frank Lee.  "The bill is instead about ending the lives of people who aren't necessarily dying anytime soon, and giving other people the 'option' to hurry them along.  Governor Brown should veto this bill, which fails to assure choice and opens the door to lethal abuse."

The bill applies to people with a "terminal disease," which is defined as having a medical prognosis of less than six months to live. "Such persons can, in fact, have years to live," said Dore. "The more obvious reasons are misdiagnosis and the fact that predicting life expectancy is not an exact science. Doctors can sometimes be very wrong."

ABX2-15 is based on laws in Oregon and Washington State. "In Oregon, which has nearly identical terminal disease criteria, 'eligible' persons include young adults with chronic conditions such as insulin-dependent diabetes," Dore said. "Such persons, with appropriate medical care, can have years, even decades, to live."

Dore, an attorney in Washington State, explained "In my law practice, I started out working in guardianships, wills and probate, and saw abuse of all kinds, especially where there was money involved (where there's a will, there are heirs)." Dore elaborated, "And it didn't have to be that much money. The middle class and the poor were also victims."

"The Oregon and Washington laws were enacted by ballot measures in which voters were promised that 'only' the patient would be allowed to self-administer the lethal dose. The Oregon and Washington laws don't say that anywhere --and the California bill is just as bad," said Dore. "These laws create the perfect crime. Your heir can help sign you up, and once the lethal dose is in the home, there is no oversight over administration. If you resisted, who would know?"

"Another way to look at it," Dore said, "is that these laws allow two people to be present at the death. One leaves alive and the other leaves dead, and the one that leaves alive is allowed to inherit from the dead person. What happened?"

Dore concluded, "ABX2-15 creates the perfect crime."

For documentation, see:

1.  Dore memo to Governor Jerry Brown.  To view memo attachments, click here.
2.  Margaret Dore, " Why ABX2-15 Must be Vetoed," Choice Illusion, September 20, 2015, and
3.  Margaret K. Dore, "' Death with Dignity': What Do We Advise Our Clients?," King County Bar Association, Bar Bulletin, May 2009,

   - 00 -

The Financial Cost of ABX2-15 Could Be "Enormous."

Below please find a memo submitted to the California Assembly Finance Committee by Margaret Dore, Esq., on September 3, 2015. To view the original document as a pdf, please click here.
_________

I.  INTRODUCTION

ABX2-15 seeks to legalize physician-assisted suicide in California. In Oregon, which has a similar law, government reports show an increase in other (conventional) suicides and suicide attempts, the financial cost of which is “enormous.”

If California enacts ABX2-15, the financial cost could also be “enormous.”  ABX2-15 should be rejected.

II.  DISCUSSION

A.  In Oregon, Other (Conventional) Suicides Have Increased with the Legalization of Physician-Assisted Suicide.

In Oregon, physician-assisted suicide has been legal for 17 years.[1] According to the Oregon Health Authority, the number of physician-assisted suicides has been small, but is steadily increasing.[2] This increase is statistically correlated with an increase in other (conventional) suicides.  Consider the following:

∙Oregon's assisted suicide act went into effect “in late 1997.”[3]

∙By 2000, Oregon's conventional suicide rate was "increasing significantly."[4]

∙By 2007, Oregon's conventional suicide rate was 35% above the national average.[5]

∙By 2010, Oregon's conventional suicide rate was 41% above the national average.[6]

This documented increase in conventional suicides, correlated with a steady increase in physician-assisted suicides, is consistent with a suicide contagion in which the legalization of physician-assisted suicide has encouraged other suicides.

Attorney slams California suicide bill

FOR IMMEDIATE RELEASE

Attorney slams California suicide bill

Dore: “Even if you like the concept of assisted suicide, SB 128 is the wrong bill.”

Contact: Margaret Dore (206) 697-1217

Seattle, WA -- Attorney Margaret Dore, president of Choice is an Illusion, which has fought assisted suicide legalization efforts in many states and now California, made the following statement after the California Senate Appropriations Committee passed SB 128 on May 28, sending the assisted suicide bill to the Senate floor.

"SB 128 is sold as giving people an 'end of life option,’” Dore said. “The fact is this bill is about ending the lives of people who aren’t necessarily dying anytime soon, and giving other people the ‘option’ to hurry them along."

Dore, an attorney in Washington State where assisted suicide is legal, explained, “In my law practice, I started out working in guardianships, wills and probate, and saw abuse of all kinds, especially where there was money involved (where there's a will, there are heirs). Then, in 2008, I got dragged to a meeting about our assisted suicide law and saw the perfect crime: your heir could help sign you up, and once the lethal dose was in the house, there was no oversight. Not even a witness is required. If you struggled, who would know?"