"Baker" Amendments Unenforceable. Bill Still Allows Non-voluntary and Involuntary Patient Killing Behind Closed Doors.

To view a pdf version, please click here.

September 7, 2015

Dear Assemblymembers:

On September 3, 2015, ABX2-15 was amended at the request of Assemblymember Baker with the goal of assuring voluntary patient consent to administration of the lethal dose. The amendments create a “final attestation form” and two new felonies. The amendments, while well meaning, do not achieve their intended goal.  Indeed, ABX2-15 still allows non-voluntary and involuntary patient killing behind closed doors.

No on ABX2-15: A Response to Comments Made at Recent Committee Hearings.

1.  New Mexico no longer allows physician-assisted suicide.

2.  Under ABX2-15, requiring the patient to meet alone with the doctor as a protection against undue influence, is not necessarily a safeguard.  See § 443.5(a)(4).  Consider, for example, if the doctor, himself or herself, has an interest in seeing the patient gone. For example, if the doctor botched the patient’s case and wants to eliminate the liability by eliminating the patient.

3. ABX2-15 protects patients by providing that doctors may be sanctioned by their licensing board or agency. See § 443.16(c). Doctors, however, are notoriously bad at policing themselves. For an extreme example, there is the case of Michael Swango MD, who thrill-killed his patients. When hospital administrators became aware of a potential problem, they simply let him go, leaving him free to get another job and start killing again.  See James B. Stewart, “ Blind Eye: How the Medical Establishment Let a Doctor Get Away with Murder,” 1999.

4.  Under ABX2-15, a bad doctor like Swango would be additionally aided by “blanket immunity.“ See Committee Staff Analysis for the Assembly Committee on Public Health and Developmental Services, p. 17 (“the bill provides blanket immunity for health care providers ... even in instances where their actions are grossly negligent”).

John B. Kelly: Second Thoughts Against ABX2-15

Assemblymember:

I [John Kelly, pictured here] -hope you will have second thoughts about legalizing assisted suicide in California. Now especially that the California Medical Association secured the removal of any liability clause from  AB2x 15, in the words of the committee staff’s analysis (see page 17), “wanton misconduct” and “gross negligence” will go unpunished.

The replacement clause, that professional licensing boards “may sanction” professional misconduct, is toothless. As we have seen across society, self-interested institutions cannot be trusted to police themselves. Please see the case of Wendy Melcher, who was illegally injected with lethal drugs by two Oregon nurses, completely outside the scope of the law. The nurses were not referred for prosecution, but were secretly dealt with by the state nursing board. The nurses continue to practice today. 

In important ways assisted suicide laws are like death penalty laws: innocent people inevitably lose their lives. A strong consensus is now emerging against the death penalty because mistakes (witness misidentification, false confession) and abuse of the system (prosecutorial and police misconduct) lead to wrongful convictions and executions.

Mistakes and abuse in the medical system are common. People who are misdiagnosed (see John Norton), people who would respond to more treatment (Jeanette Hall), or who would live years longer  (some participants in Oregon have lived almost 3 years after being judged “terminal”) will be led to tragically “choose” death. Assisted suicide programs have offered lethal drugs to patients with severe depression (Michael Freeland) and to people denied treatment (Barbara Wagner). And because not all families are loving or financially secure, innocent people will be bullied or worse by abusive families and beneficiaries.

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.