PCV's Effort to Eliminate Vermont's Act 39 Residency Requirement
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Lawsuit: On August 25, 2022, Patient Choices Vermont (PCV) Board Member Dr. Diana Barnard and her patient, Connecticut resident Lynda Bluestein, in collaboration with the national organization Compassion & Choices, filed a federal lawsuit to challenge the residency requirement contained in Vermont's Act 39.
Act 39, like similar laws in other states across the country, makes end-of-life choice available only to residents of Vermont. Lynda Bluestein has terminal cancer, and yet cannot choose medical aid in dying because it is not legal in her home state of Connecticut. Medical aid in dying is the only medical service that is subject to such a residency restriction. |
Dr. Diana Barnard
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Lynda Bluestein
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As explained by Vermont lawyer Ron Shems, “Three different provisions of the United States Constitution prohibit a state from discriminating against residents from other states. They are the Commerce Clause, the Privileges and Immunities Clause and the Equal Protection Clause. These three provisions boil down to prohibiting Vermont from discriminating against residents from out of state. That is why we brought a civil rights case here in Vermont to declare invalid the residency requirement in the medical aid in dying statute.”
A recent lawsuit settlement in Oregon creates an important precedent for deleting the residency requirement in Vermont. The Oregon settlement requires officials there to 1) issue directives halting enforcement of the unconstitutional residency provision, and 2) initiate a legislative request to permanently remove the residency language from the law.
Senate Bill 26: On January 20, 2023, Senate Bill 26 was introduced proposing to eliminate the residency requirement in Act 39. Even if the lawsuit is settled with the Vermont Attorney General, the legislature would still need to act in order for the change to become law. Eliminating the residency requirement stands to make Act 39 fundamentally more fair. It has the potential to influence how aid in dying can be accessed nationwide. We look forward to to the day when all individuals seeking end-of-life choice can access the services they want.
The PCV Helpline and website resources will be augmented to assist out-of-state residents once they can legally access medical aid in dying in Vermont.
Listen to more about this case on Vermont Edition.
A recent lawsuit settlement in Oregon creates an important precedent for deleting the residency requirement in Vermont. The Oregon settlement requires officials there to 1) issue directives halting enforcement of the unconstitutional residency provision, and 2) initiate a legislative request to permanently remove the residency language from the law.
Senate Bill 26: On January 20, 2023, Senate Bill 26 was introduced proposing to eliminate the residency requirement in Act 39. Even if the lawsuit is settled with the Vermont Attorney General, the legislature would still need to act in order for the change to become law. Eliminating the residency requirement stands to make Act 39 fundamentally more fair. It has the potential to influence how aid in dying can be accessed nationwide. We look forward to to the day when all individuals seeking end-of-life choice can access the services they want.
The PCV Helpline and website resources will be augmented to assist out-of-state residents once they can legally access medical aid in dying in Vermont.
Listen to more about this case on Vermont Edition.