Why HB 505 is Needed Now

By Margaret Dore

Last week, a Montana doctor admitted assisting three suicides during a hearing on HB 505.[1]  He claimed that his actions were legal based on the Baxter case.  Baxter did not, however, legalize assisted suicide, which has been conceded by other suicide proponents.[2], [3]  Baxter is, however, subject to ongoing controversy.    

Any counter move to protect the public, such as prosecution of the doctor, will be complicated by the controversy surrounding Baxter.  Moreover, as with any litigation, the outcome is not certain.  For this reason, the doctor's prevailing is a possibility.  If he does prevail, another possibility is that legalization of assisted suicide will occur by judicial fiat.  Whether this actually occurs will depend on the facts, the judge and other circumstances.

On the other hand, if HB 505 is enacted, there will be a clear statement going forward that assisted suicide is not legal.  The negative consequences of legalization, such as elder abuse, will be avoided.

This is why HB 505 is needed now.  To stop the confusion and protect the public.  The stakes are too high to leave the outcome to chance.

Tell your legislators to vote "Yes" on HB 505!
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[1] Briana Wipf, "Emotions flow over assisted suicide during Senate hearing," Great Falls Tribune,  March 30, 2013, available at http://www.greatfallstribune.com/apps/pbcs.dll/article?AID=2013303260026
[2] See Greg Jackson and Matt Bowman, “Analysis of Implications of the Baxter Case on Potential Criminal Liability,” Spring 2010, at  http://www.montanansagainstassistedsuicide.org/p/baxter-case-analysis.html
[3]  During a Senate hearing in 2011, assisted suicide proponent, Senator Anders Blewett, said:  “[U]nder current law, ... there’s nothing to protect the doctor from prosecution.”  ( http://maasdocuments.files.wordpress.com/2011/07/blewett_speckhart_trans_001.pdf ).  Dr. Stephen Speckart, another proponent, made a similar statement: "[M]ost physicians feel significant dis-ease with the limited safeguards and possible risk of criminal prosecution after the Baxter decision."  (Id. at p.2)

Support for HB 505

The following is a sampling of individuals and groups who support HB 505.

1.  112 Montana doctors have joined together to support HB 505.  See this link for their press release:  http://www.montanansagainstassistedsuicide.org/2013/03/112-montana-physicians-who-support-hb.html

 

2.  Montanans Against Assisted Suicide has submitted 4000 plus signatures against assisted suicide into the Senate Judiciary Committee.
  

3.  The national disability rights group, Not Dead Yet, with members in Montana, has endorsed HB 505.  See http://www.montanansagainstassistedsuicide.org/2013/03/not-dead-yet-supports-hb-505.html

 

4.  Carol Mungas, the widow of a prominent physician who was euthanized by nurses against his will in Great Falls, has endorsed HB 505.  See http://www.montanansagainstassistedsuicide.org/2013/03/i-support-house-bill-505-which-clearly.html 

 

5.  Montanans, Mike Moe and Gail Bell, with similar experiences, have endorsed HB 505.  See http://www.ravallirepublic.com/news/opinion/mailbag/article_62957251-de74-59bf-9b91-b262b62c3f66.html?print=true&cid=print and http://www.montanansagainstassistedsuicide.org/2013/03/because-of-my-mothers-experiences-i-no_8.html

 

6.  The Daily Inter Lake endorsed HB 505.  See http://www.montanansagainstassistedsuicide.org/2013/03/daily-interlake-urges-passage-of-hb-505.html

Physician-Assisted Suicide Part of Elder Abuse Fraud

On March 26, 2013, Philip Tummarello, a retired police Sergeant Inspector, testified before the Montana Senate Judiciary Committee on on behalf of HB 505.  His testimony included the Thomas Middleton case in which physician-assisted suicide had facilitated the defrauding of an elderly man.  An article from KTVZ.com states: 

"State and court documents show Middleton, who suffered from Lou Gehrig's disease, moved into Sawyer's home in July 2008, months after naming her trustee of his estate, The Bulletin reported Saturday.  Middleton deeded his home to the trust and directed her to make it a rental until the real estate market improved.

Instead, Sawyer signed documents that month to list the property for sale, two days after Middleton died by physician-assisted suicide.  The property sold in October of that year for more than $200,000, the documents show, and it was deposited into an account for one of Sawyer's businesses, Starboard LLC, and $90,000 of that was transferred to two other Sawyer companies, Genesis Futures and Tami Sawyer PC."  (Emphasis added).

To read the entire article, go here: http://www.ktvz.com/news/Sawyer-Arraigned-on-State-Fraud-Charges/-/413192/619440/-/view/print/-/1w9ly3z/-/index.html

 

"Older people are no longer valued as they were before"

Testimony to the Senate Judiciary Committee by Elizabeth Poiana:

I am a  high school student in Washington State where assisted suicide is legal. I want to become a doctor.

My mother is a caregiver.  Sometimes I help her with her clients.

I am here to tell you about how older people are at risk in Washington, from doctors and hospitals. I will also talk about.how attitudes about older people have changed for the worse.  This is especially true since our assisted suicide law was passed in 2008.

I grew up in an adult family home. An adult family home is a small elder care facility located in a residential home.  The caregivers live in the home with the clients.

My parents and two of my brothers lived in the home.  With the clients there, it was like having six grandparents at once.  It was a very happy environment.

This was true for the clients too, no matter what their condition was or how long they had to live. My mom could make them happy even when they were dying. The clients' family members were supportive and seemed happy too and never suggested that one of the clients should die.

Today, in 2013, we no longer live in an adult family home.  My mother is a caregiver for private clients.  She also now fears for her clients, especially in the hospital.   She is afraid that the hospital will begin "comfort care" (that's morphine) and her patient will suddenly die. This has already happened.  She tries to never leave her patients alone in the hospital. Either she or a family member will be there.

She has also had one client where a family member wanted the client to do the assisted suicide.

In short, older people are no longer valued as they were before.

I hope that you will not follow our path. Vote "yes" on HB505

Elizabeth Poiana