QUEBEC'S
RIGHT-TO-DIE LAW: An Act Respecting End-of-Life Care
Allows refusal or termination of any life-sustaining medical treatment,
continuous palliative sedation, & medical aid-in-dying.
17 embedded safeguards are highlighted and organized.
This law came into effect on December 10, 2015.
SUGGESTIONS
FOR
OTHER PROVINCES OF CANADA
Why not officially authorize all five methods of managing dying?
Up to 18 safeguards will make these better right-to-die laws.
CANADA'S
NATIONAL RIGHT-TO-DIE LAW:
MEDICAL ASSISTANCE IN DYING
In
June 2016, the national Parliament of Canada
enacted a new
law permitting "medical assistance in dying".
This right-to-die law takes the form of creating
a new exception to
the law prohibiting 'assisting suicide'.
Doctors and nurse practitioners are authorized
to prescribe and/or provide gentle poison for dying patients.
If they fulfill all 12 safeguards embodied in the law,
they will not be charged with culpable
homicide,
aiding suicide, or administering a noxious thing.
And this immunity from
prosecution extends to all others
who cooperate in the authorized medical assistance in dying.
CANADIAN
CRITERIA FOR MEDICAL ASSISTANCE IN DYING
This summary of the safeguards embodied in Canada's
law
also comments on their interpretation and application.
RIGHT-TO-DIE
IN
FRANCE
France
officially authorizes the four standard
medical methods of managing dying:
(1) increasing pain-medication,
(2) beginning terminal sedation,
(3) ending medical treatments and life-supports,
(4) giving up food and water.
Guidelines
for Prosecuting 'Assisting Suicide' in the UK
Such pros and cons for prosecutors
could form the basis for new right-to-die laws.
UNITED
KINGDOM, HOUSE OF LORDS BILL 42, 2016-2017
This bill calls for a judge of the family court
to approve the request for assisted dying.
13 safeguards are applied to the life-ending decision.
EUTHANASIA
SAFEGUARDS IN BELGIUM
18 safeguards mentioned in the euthanasia law of Belgium, 2002.
The right-to-die was extended to dying children in 2014.
SAFEGUARDS
USED
IN THE NETHERLANDS
13
safeguards can be found in the 2002 law
and Dutch practice of euthanasia and physician-assisted suicide.
THE CALIFORNIA END OF LIFE OPTION ACT, 2015
The
text of
this bill, with safeguards highlighted,
and comments added at the end.
The official text of End
of Life Option Act,
which came into effect in California in June, 2016.
SAFEGUARDS EMBEDDED IN CALIFORNIA'S RIGHT-TO-DIE LAW
These are presented here in the
order of their importance
in protecting patients from
premature death.
Each safeguard is linked to a complete explanation on the Internet.
The Internet presentation of the safeguards are not part of California
law.
In this list of the California safeguards,
the letters come from the comprehensive list of 26
recommended
safeguards.
B. REQUESTS
FOR
DEATH FROM THE
PATIENT
D.
PHYSICIAN'S
STATEMENT
OF CONDITION AND PROGNOSIS
E. INDEPENDENT
PHYSICIAN REVIEWS THE CONDITION AND PROGNOSIS
F.
CERTIFICATION
OF TERMINAL ILLNESS OR INCURABLE CONDITION
J.
INFORMED
CONSENT FROM THE PATIENT
U. WAITING
PERIODS FOR REFLECTION
V.
OPPORTUNITIES
FOR THE PATIENT TO RESCIND OR POSTPONE ANY LIFE-ENDING DECISIONS
X.
COMPLETE
RECORDING AND SHARING OF ALL MATERIAL FACTS AND OPINIONS
Y.
THE
PATIENT MUST BE CONSCIOUS AND ABLE TO ACHIEVE DEATH
AA
Information
about
Palliative Care and other Alternatives to Death
DD
The
Patient
Must be an Adult Resident of the State
By this count, there are 11
safeguards embedded in this law.
The letters for each safeguard
come from the complete list of 26
recommended
safeguards.
An explanation of how patients and their doctors might fulfill these
safeguards:
CALIFORNIA
END OF LIFE OPTION ACT
SAFEGUARDS
TO FULFILL IN ORDER TO QUALIFY FOR HELP IN DYING
The following bill (2007) did not become law in California,
but the safeguards might have been better than the law passed in 2015,
above.
However, the most important safeguards were included in the End of Life
Option Act.
An important omission in the 2015 law is the psychological
consultation.
SAFEGUARDS EMBEDDED IN
CALIFORNIA'S COMPASSIONATE CHOICES
BILL, 2007
The
text of the
California Compassionate Choices Bill
with safeguards highlighted and linked.
An organized list
of the 16 specific safeguards
found
in the California bill:
SAFEGUARDS TO
BE FULFILLED BY
PHYSICIANS
AND OTHER PROFESSIONAL CONSULTANTS
PHYSICIAN'S
STATEMENT OF CONDITION AND PROGNOSIS
INDEPENDENT
PHYSICIAN REVIEWS THE CONDITION AND PROGNOSIS
INFORMATION
ABOUT
PALLIATIVE CARE
HOSPITAL
OR
HOSPICE ENROLLMENT
CERTIFICATION
OF TERMINAL ILLNESS OR CONDITION
PSYCHOLOGICAL
CONSULTANT EVALUATES
THE
PATIENT'S
ABILITY TO MAKE MEDICAL DECISIONS
THE
DEATH-PLANNING COORDINATOR ORGANIZES THE SAFEGUARDS
PHYSICIAN
AGREES TO PRESCRIBE GENTLE POISON TO CAUSE DEATH
SAFEGUARDS TO
BE FULFILLED BY THE
PATIENT
THE
PATIENT
MUST BE AN ADULT RESIDENT OF THE STATE
REQUESTS
FOR
DEATH FROM THE PATIENT
INFORMED
CONSENT FROM THE PATIENT
UNBEARABLE
SUFFERING
WAITING
PERIODS
FOR REFLECTION
OPPORTUNITIES
FOR THE PATIENT TO RESCIND OR POSTPONE THE LIFE-ENDING DECISION
THE
PATIENT
MUST BE CONSCIOUS AND ABLE TO ACHIEVE DEATH
NOTIFY
FAMILY OF
LIFE-ENDING DECISION
California Compassionate Choices
Bill of
2007
minor problems and their solutions
THE CALIFORNIA RIGHT TO KNOW
END-OF-LIFE OPTIONS LAW
The
text of this
law, enacted in 2008, is presented
together with a detailed critique and recommendations for improvement.
In
2014, this law
was slightly revised,
still omitting the more controversial methods of choosing death.
MINNESOTA LAW PERMITS SOME FORMS OF PHYSICIAN AID-IN-DYING
The state of Minnesota has already revised
its law
against 'assisting suicide' to allow doctors
to withdraw life-sustaining medical treatments
and to use drugs to ease suffering
without being charged with 'assisting suicide'.
THE
MINNESOTA COMPASSIONATE CARE BILL of 2015
The
text of
this proposed law, with safeguards highlighted,
and comments added at the end.
This bill was reintroduced for the 2017-2018 session
with the new name: End-of-Life Option Act.
SAFEGUARDS EMBEDDED IN
OREGON'S DEATH
WITH DIGNITY ACT
(AND IN THE WASHINGTON STATE CLONE)
The
text of
Oregon's Death with Dignity Act
with safeguards highlighted and linked.
The
text of
Washington State's Death with Dignity law
with safeguards highlighted and linked.
Eleven specific safeguards found in Oregon's Death
with
Dignity Act
(and the Washington law copied from the Oregon Act):
PHYSICIAN'S
STATEMENT OF CONDITION AND PROGNOSIS
INDEPENDENT
PHYSICIAN REVIEWS THE CONDITION AND PROGNOSIS
CERTIFICATION
OF TERMINAL ILLNESS OR CONDITION
PSYCHOLOGICAL
CONSULTANT EVALUATES
THE
PATIENT'S
ABILITY TO MAKE MEDICAL DECISIONS
THE
PATIENT
MUST BE AN ADULT RESIDENT OF THE STATE
REQUESTS
FOR
DEATH FROM THE PATIENT
INFORMED
CONSENT FROM THE PATIENT
NOTIFY
FAMILY OF
LIFE-ENDING DECISION
WAITING
PERIODS
FOR REFLECTION
OPPORTUNITIES
FOR THE PATIENT TO RESCIND OR POSTPONE THE LIFE-ENDING DECISION
COMPLETE
REPORTING OF ALL MATERIAL FACTS
SIX
TECHNICAL CHANGES SUGGESTED
FOR THE OREGON DEATH WITH DIGNITY ACT
All bills patterned after the Oregon Death with Dignity Act
can avoid these small problems and ambiguities.
SUICIDE-MODEL
RIGHT-TO-DIE
VS.
MEDICAL MODEL RIGHT-TO-DIE
Most
of the laws listed here follow the suicide-model.
But a few are based on authorized medical practices.
SAFEGUARDS
IN THE PROPOSED
MODEL LAW AGAINST CAUSING PREMATURE DEATH
The
text of
the Model Law against
Causing Premature Death
with
safeguards
highlighted and linked.
Section V of this draft legislation lists 26 safeguards
—the
A to Z of choosing a wise, ethical, & timely death.
All of these recommended safeguards
https://s3.amazonaws.com/aws-website-jamesleonardpark---freelibrary-3puxk/SG-A-Z.html
are
included in the Model Law against Causing Premature Death.
This model law does not require the patient
to be an adult or a resident of any particular state.
One can be a victim of premature death
at any age and no matter where one lives.
SAFEGUARDS
EMBEDDED IN
THE SOUTH AUSTRALIA VOLUNTARY EUTHANASIA BILL 2006
The
text of
the South Australia Voluntary Euthanasia Bill 2006
with safeguards highlighted and linked.
Nine specific safeguards found in
the South Australia Voluntary Euthanasia Bill 2006:
PHYSICIAN'S
STATEMENT OF CONDITION AND PROGNOSIS
INDEPENDENT
PHYSICIAN REVIEWS THE CONDITION AND PROGNOSIS
CERTIFICATION
OF TERMINAL ILLNESS OR CONDITION
PSYCHOLOGICAL
CONSULTANT EVALUATES
THE
PATIENT'S
ABILITY TO MAKE MEDICAL DECISIONS
THE
PATIENT
MUST BE AN ADULT RESIDENT OF THE STATE
REQUESTS
FOR
DEATH FROM THE PATIENT
UNBEARABLE
SUFFERING
PALLIATIVE
CARE
TRIAL
WAITING
PERIODS
FOR REFLECTION
Critique
of the South Australia Voluntary Euthanasia Bill of 2006
ARIZONA
AID
IN DYING BILL
ARIZONA
PATIENT-ADMINISTERED MEDICATION BILL
Safeguards
Used
by the Final Exit Network in the USA
revised
August 24, 2008; 8-27-2008; 11-23-2008; 5-13-2010;
3-29-2012; 4-7-2012;
6-6-2013; 5-28-2014; 11-20-2014;
3-16-2015; 3-20-2015; 4-30-2015; 10-15-2015;
10-16-2015; 10-19-2015;
11-11-2015; 11-13-2015; 5-4-2016; 6-16-2016; 7-8-2016; 7-29-2016;
5-17-2017; 3-16-2018;
{Other
laws and proposed laws to be added here.
Please send links to laws and proposed laws
already posted on the
Internet:
James Park, e-mail: PARKx032@TC.UMN.EDU
}