VAEH Newsletter #27
December 6, 2004
Hi Folks,
As the 2005 Vermont legislature takes shape, as important committee
assignments are determined, and as the legislative agenda is set,
the proponents of
physician-assisted suicide (Death With Dignity Vermont; End of
Life Choices Vermont) have pledged a “highly energized push … to make 2005
the year that Vermont gets its Death With Dignity Act.” Their organizational
names and paid staff continue to change, but their goal is the
same.
The Vermont Alliance for Ethical Healthcare remains committed
to improving end-of-life care for Vermonters and opposing legalization
of PAS. Information
about our loose alliance of 9 professional, advocacy and religious
groups can be found at: http://www.vaeh.org/pages/links.htm
Nationally,
the support for PAS continues to diminish. A CBS News poll has
asked the following question several times since 1990: “If a person
has a disease that will ultimately destroy their mind or body and they want
to take their own life, should a doctor be allowed to assist the person
in taking their own life or not? ” Results
of the 3 most recent polls:
12/93 58% yes 36% no 6% undecided
11/98 52% yes 37% no 11% undecided
11/04 46% yes 45% no 9% undecided.
Last spring, 70 Vermont legislators
(not all supporters of PAS) asked the Legislative Council to search
out data about the Oregon experience with
PAS and the Dutch experience with euthanasia and PAS. At the
Council’s
invitation, the VAEH contributed over 200 pages of journal
articles, book chapters and news reports. The Council released their report
last week (available
at: http://www.leg.state.vt.us/reports/04Death/Death_With_Dignity_Report.htm.
On a positive note, they obviously invested considerable time
and effort and they have pulled into one document a lot of important
background information.
In addition, they interviewed several individuals from around
the
country. They said they remained objective and reported only
verifiable facts. However,
the report reads otherwise: they report interviews with Oregonians
who support PAS, including (non-factual, non-verifiable) opinions
of those supporters,
byt they did not interview any Oregon opponents of PAS (or
at
least did not include such information in their report). In addition,
the report
contains
the following serious deficiencies:
They dismissed our concern about
under-reporting of PAS in Oregon by merely saying “there is no objective evidence of under-reporting.” Even
the Oregon Department of Health, charged with giving annual reports on the
facts, says in 2 of its recent annual reports “it is difficult or
impossible to detect or comment on under-reporting”. It should be
recalled that in the Netherlands, there were suspicions of under-reporting
of PAS and euthanasia for several years until the government did
a formal study and found that only a small minority of cases were
being reported.
They completely ignored widely circulated news reports of abuses
(PAS for patients with depression or dementia; physicians and families
helping patients ingest the lethal cocktail; doctor-shopping to
find a willing physician
after being turned down as not qualifying, etc); these news reports
have not been refuted or even denied in Oregon. It is understandable
that they
might approach such reports with caution since news accounts are
not always totally accurate. However to pretend they do not exist
is irresponsible. [It is worthy of note that (a) news reports of
abuse of the Dutch
policy
on euthanasia were ignored for several years until the government’s
Remmelink Commission confirmed these as true; and (b) at the US
Senate hearings on abuses of prisoners in Iraq, most of the testimony
was based on reports
in the NY Times, Wall Street Journal, USA Today, etc.---because
it was these news reports that raised the concern in the first
place.]
The report dismissed concerns about the “slippery slope” experience
in the Netherlands, saying “statistics can be interpreted to support
or deny the slippery slope, depending on how they are broken down
and presented.” They
did not mention that Dutch courts have refused to convict physicians
who have given lethal injections to non-fatally ill individuals;
or that the
policy was amended to allow adolescents to request and receive
lethal prescriptions or injections; or that hospitals have developed
policies for the lethal
injection of severely handicapped newborns --- all of clearly beyond
the original policy. Since it was only reported last week, the
Council could not be expected to know about the legislative proposal in
the Netherlands
to extend the use of lethal injections to patients “without free will”,
including children, retarded adults, and individuals in coma. The
slippery slope is alive and well, and it should not be ignored.
Even in Oregon, the
Deputy Attorney General has written an opinion that the current
law may need to be amended because it violates the Americans with
Disabilities Act
in that it discriminates against people who are unable to ingest
the lethal drug without assistance.
The Report spends considerable
time and text assessing whether end-of-life care in Oregon has
improved since legalization of physician-assisted
suicide. Their conclusion, based on OPINIONS of physicians in Oregon,
California and Rhode Island: “In conclusion, it is quite apparent
from credible sources in and out of Oregon that the Death With
Dignity Act has not had
an adverse impact on end-of-life care and in all probability has
enhanced the other options.” They did not mention the FACT that family
reports of patients dying in pain or distress has increased by
over 50% since the
law was enacted (from 30.8% in 1997 to 48% in 2002), a serious
indictment based on one of the best measures of quality of end-of-life
care. [ref: “Increased
family reports of pain and distress in dying Oregonians: 1996 to
2002.” Fromme,
et al. Journal of Palliative Medicine, 2004;7(3):431-42]
The Report did not even mention the serious concerns of disability
rights advocates.
Your legislators do not have time or staff to
do independent investigations; they rely on the Legislative Council
to do that for them. Unfortunately,
this terribly important report is incomplete and misleading.
PLEASE contact your legislators and ask them not to co-sponsor
the so-called Death
With
Dignity bill because there are grave concerns about the unintended
consequences of such a bill --- concerns expressed by medical
and nursing professionals,
the disability rights community, those committed to decreasing
the epidemic of suicide in our country, and religious leaders;
concerns that have not
been adequately addressed by the report of the Legislative Council.
The
VAEH intends to continue to vigorously oppose legalization of
physician-assisted suicide in Vermont. It appears it will be necessary
for us to contract
with individuals to help in this effort as well as doing mailings
and purchasing advertising. Our financial resources are slim as
we begin this
campaign.
We continue to seek funding only from individuals and organizations
within Vermont and do not have the financial backing of a national
concerted effort
as the DWD folks do. Please send your contributions to the Vermont
Alliance for Ethical Healthcare; P.O. Box 2145; South Burlington,
VT 05407.
Bob Orr, President
Vermont Alliance for Ethical Healthcare
Website: www.vaeh.org
e-mail: info@vaeh.org