On Monday, December 17, 2012, MAAS filed a new lawsuit against the Montana Board of Medical Examiners.
The lawsuit is a response to the Board's order entered on November 16, 2012 refusing to vacate Position Statement No. 20. The lawsuit's claims include that the statement is invalid because it was adopted "without statutory authorization, . . . outside the Board's subject matter jurisdiction and/or because it is an infringement on the role of the Legislature."
The petition for the lawsuit can be viewed by clicking here. The attachments to that petition can be viewed by clicking here and here.
Friday, December 21, 2012
Wednesday, December 19, 2012
Gazette opinion: Time to update Montana elder abuse law
The Montana Elder and Persons with Developmental Disabilities Act was intended to protect especially vulnerable citizens. But the statute isn’t used as often as it should be in criminal cases.
Labels:
Elder abuse
"Compassion & Choices is a successor organization to the Hemlock Society"
http://helenair.com/news/opinion/readers_alley/assisted-suicide-law-could-lead-to-patient-mistreatment/article_32bac11c-4985-11e2-9338-0019bb2963f4.html?print=true&cid=print
12/19/12
12/19/12
Theresa Schrempp Seattle, Wash.
I am a lawyer in Washington State where assisted-suicide is legal.
Your readers should know that Compassion & Choices is a successor organization to the Hemlock Society, originally formed by Derek Humphry. In 2011, Humphry was the keynote speaker at Compassion & Choices’ annual meeting here in Washington State. In 2011, he was also in the news as a promoter of mail-order suicide kits from a company now shut down by the FBI. This was after a 29 year old man used one of the kits to commit suicide.
In 2007, Compassion & Choices was a plaintiff in Montana’s assisted-suicide case. Compassion & Choices requested legalization of assisted-suicide for “terminally ill adult patients.” The definition of this phrase was broad enough to include an otherwise healthy 18 year old who is insulin dependent or a young adult with stable HIV/AIDS. Such persons can live for decades with appropriate medical treatment.
Once someone is labeled “terminal,” an easy justification can be made that their treatment should be denied in favor of someone more deserving. Those who believe that legalizing assisted-suicide will promote free choice may discover that it does anything but.
3. Here is a link to my opinion letter with Richard Wonderly MD analyzing Compassion & Choices' definition of "terminally ill adult patient." http://choiceisanillusion.files.wordpress.com/2012/07/schrempp_wonderly_opn_ltr1.pdf
In 2007, Compassion & Choices was a plaintiff in Montana’s assisted-suicide case. Compassion & Choices requested legalization of assisted-suicide for “terminally ill adult patients.” The definition of this phrase was broad enough to include an otherwise healthy 18 year old who is insulin dependent or a young adult with stable HIV/AIDS. Such persons can live for decades with appropriate medical treatment.
Once someone is labeled “terminal,” an easy justification can be made that their treatment should be denied in favor of someone more deserving. Those who believe that legalizing assisted-suicide will promote free choice may discover that it does anything but.
Supporting authority not included in the published letter, below:
1. This is a link to Compassion & Choices' newsletter announcing that Humphry would be the keynote speaker at its annual meeting in Washington State on October 22, 2012: http://choiceisanillusion.files.wordpress.com/2011/10/derek.pdf
2. This is an excerpt from Oregon's Register-Guard newspaper:
1. This is a link to Compassion & Choices' newsletter announcing that Humphry would be the keynote speaker at its annual meeting in Washington State on October 22, 2012: http://choiceisanillusion.files.wordpress.com/2011/10/derek.pdf
2. This is an excerpt from Oregon's Register-Guard newspaper:
- "A spotlight was cast on the mail-order suicide kit business after a 29-year-old Eugene man committed suicide in December using a helium hood kit. The Register-Guard traced the $60 kit to [the company, which] has no website and does no advertising; clients find [the] address through the writings of Humphry."
3. Here is a link to my opinion letter with Richard Wonderly MD analyzing Compassion & Choices' definition of "terminally ill adult patient." http://choiceisanillusion.files.wordpress.com/2012/07/schrempp_wonderly_opn_ltr1.pdf
Monday, December 17, 2012
Time to strengthen assisted suicide law
http://helenair.com/news/opinion/readers_alley/time-to-strengthen-assisted-suicide-law/article_b8257dd0-45be-11e2-b96a-0019bb2963f4.html
December 13, 2012, Independent Record
I have several concerns about the practice of assisted suicide, which has been rejected by most states and is currently legal in only two states (Washington and Oregon). 1) The potential for elder abuse is very real. Patients in Oregon with a “terminally ill” diagnosis have been refused treatment and steered toward assisted suicide. Patients can be pressured by a relative, who can even administer the dose. 2) A “terminally ill” diagnosis can be wrong. Some patients recover with treatment and may live a long time. 3) Montana already has a high suicide rate and state policy is directed at lowering that rate. The suicide rate in Oregon has increased since their law was passed.
Please tell your legislators to clarify and strengthen our law against assisted suicide.
Ruth Plesner
Victor
December 13, 2012, Independent Record
I have several concerns about the practice of assisted suicide, which has been rejected by most states and is currently legal in only two states (Washington and Oregon). 1) The potential for elder abuse is very real. Patients in Oregon with a “terminally ill” diagnosis have been refused treatment and steered toward assisted suicide. Patients can be pressured by a relative, who can even administer the dose. 2) A “terminally ill” diagnosis can be wrong. Some patients recover with treatment and may live a long time. 3) Montana already has a high suicide rate and state policy is directed at lowering that rate. The suicide rate in Oregon has increased since their law was passed.
Please tell your legislators to clarify and strengthen our law against assisted suicide.
Ruth Plesner
Victor
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