Senator Hinkle Corrects the New England Journal of Medicine

"Assisted Suicide is Not Legal in Montana"

Dear Editor:

I am a Montana State Senator.  I disagree with your article, "Redefining Physicians' Role in Assisted Dying," claiming that assisted suicide is legal in Montana.  At the very least, Montana law is unclear.

Last year, Senate Bill 167, which would have legalized assisted suicide in Montana, failed.  This leaves assisted suicide governed by a Montana Supreme Court case, Baxter v. Montana.  An analysis by attorneys Greg Jackson and Matt Bowman describes Baxter as follows:

"The Montana Supreme Court s assisted-suicide decision . . . didn't even 'legalize' assisted-suicide. . . . After Baxter, assisted-suicide continues to carry both criminal and civil liability risks for any doctor, institution, or lay person involved."[1]

Since then, competing articles have appeared in the official Montana State Bar publication disputing whether Baxter legalized assisted suicide.[2]  The editor's headline states: "Court ruling still leaves the issue open to argument." [3]

Correct reporting would be that assisted suicide is not legal in Montana and/or hotly disputed.  Thank you for your attention to this matter.

To the Board: "Why do you think Montana has such a high rate of suicide?"

To: DLI BSD Medical Examiners

Subject: Against Assisted suicide

We agree with Montanans Against Assisted Suicide.  Please vacate statement No. 20. Senator Blewitt and Dr Speckert admit it is illegal, so how can the Board make it legal?  This puts everyone at risk especially the elderly and special needs people.  Why do you think Montana has such a high rate of suicide?  Our young people see how human beings are not regarded with real honor and respect and figure if life gets hard, suicide is an option.  This will also add to elder abuse.

Sincerely Jerry and Virginia Geier

To Board: Assisted suicide "kills the very person under the physician's care"

To: DLI BSD Medical Examiners
Subject: Position Statement No 20

To whom it may concern,

Please vacate position statement no. 20 as assisted suicide is neither legal, consistent with established American Medical Association statements, the Hippocratic oath, puts the vulnerable and elderly at risk, and kills the very person under the physician’s care.

Respectfully submitted,
Samuel J. Reck, MD

To Board: "Even Sen. Blewett & Dr. Speckart have admitted that assisted suicide is not legal"

Subject: PLEASE Vacate Position Statement No. 20

I have written you before and I continue to request that you vacate your Position Statement No. 20. Even Sen. Blewett & Dr. Speckart have admitted that assisted suicide is not legal in Montana (see http://maasdocuments.files.wordpress.com/2011/07/blewett_speckhart_trans_001.pdf ) How can the Board make it legal?

Sandra A Wedel Great Falls, MT