Proposed Legislation
A bill on Pain Management was passed by the Vermont Legislature 2008
Senate bill S.0281
End-of-Life Care and Pain Management. Introduced by Senator Douglas Racine of Chittenden County. It was passed by the Senate on February 29, 2008, passed by the House on April 25, adopted by the Committee of Conference and delivered to the Governor on May 2.
Status of Patient-Directed Dying Legislation
House
Bill 44, an act relating to patient choice and control at end of life, was defeated in the Vermont House in March, 2007. It will be introduced again in a future session of the Legislature.
Its sponsors have included Democrats, Republicans, Progressive and Independents.
Vermont Patient-Directed Dying legislation will:
- Guarantee that all adult Vermonters have a full range of legal end-of-life choices
- Assure that mentally-competent persons who are terminally ill have the right to choose the manner and timing of death
- Allow a terminally ill, mentally-competent person to avoid the pain of a prolonged dying process by self-administering legally prescribed medication
Whether or not terminal medication is actually taken by an individual, the fact that he/she has control of his/her life is the comfort that is now lacking.
Major provisions of the proposed legislation:
- In the opinion of two physicians, the life expectancy of the patient will be six months or less
- The patient must be mentally competent
- The patient must make two oral requests separated by a waiting period of at least 15 days
- The patient must sign a witnessed written request
- Two doctors must certify that the patient's request is voluntary with no evidence of coercion
- The request is revocable by the patient at any time
- Medication would be prescribed by the doctor and self-administered by the patient
- Voluntary on the part of the doctor
- No criminal liability for a physician, family member or caring friend who is present
- Health or life insurance policies cannot be nullified if a patient utilizes the law to end his/her life
- Monitoring by State Health Department
Background
Since 1997, Oregon’s Death with Dignity Act has enabled terminally ill
people to have the option of a compassionate, pain-free death with a doctor’s
help. Polls of U.S. citizens reveal that 60% to 70% favor such an option. In
Vermont, a recent Zogby poll revealed that 82% are in favor of the legislation
we have proposed; support cuts across political ideologies, religious preferences,
age groups and localities. We believe the Death with Dignity Act is sound
and that it would be in the best interest of Vermonters to pass similar legislation.
We also firmly support the already existing end-of-life options:
the implementation of advance directives and the improvement in
availability of palliative and hospice care.
The Oregon act works
In Oregon, where the act took effect in 1997, the annual reports from the Department
of Human Services consistently belie every argument advanced by critics of
the law. In the first ten years of the Act:
- Only 341 terminally ill patients, about
0.15% of total Oregon deaths during that period, opted for a
hastened death. The vast majority of those who did were in the
last stages of cancer, were receiving hospice care, and died
at home.
- More than one-third of those who requested a prescription to
die with dignity did not avail themselves of the law, but they
found comfort in knowing they had the option.
- Individuals opted for a hastened death largely
because of concerns over quality of life and over self-determination
of the manner and timing of death.
- Hospice referrals increased to 54%, among the
highest in the nation. (In Vermont, hospice services are available
in all communities, but referrals are between 25% and 30%.)
Legislative Council Study
In
the closing days of the 2004 legislative session, 78 representatives,
a majority, requested the Legislative Council to study the facts
of the Oregon Death with Dignity experience and to report its
findings to the legislature by the start of the next session.
The Legislative Council
requested that we highlight for them the areas of factual disputes
regarding Oregon's Death with Dignity law. Accordingly, at that time (2004) we submitted
the following documents to aid in the study:
Chronology of House Bill H.44 in 2007
1/11/07 - The Vermont Patient-Directed Dying bill was submitted as House Bill 44. The bill was also introduced in the Senate, S.63.
3/1/07 - The House Human Services Committee voted 7-4 to move the bill along after thorough study, extensive testimony, and the addition of more stringent safeguards than are in the Oregon Death with Dignity Act upon which it is modeled.
3/16/07 - The House Judiciary Committee voted favorably on the bill.
3/21/07 - The bill, H.44, was defeated on the floor of the House by a vote of 82 to 63. The Bennington Banner's "Take a second look" editorial comments sagely on the result.
Patient Choices at End
of Life – Vermont
formerly Death with Dignity Vermont and End-of-Life
Choices Vermont
P.O. Box 1158
Manchester, VT 05254-1158
802-362-2359
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