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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