If Colorado follows Oregon’s interpretation of “six months to live,” assisted suicide will be legalized for people with insulin dependent diabetes

William Toffler, MD

To view this information in a pdf format, go to "Dore Memo Opposing Prop. 106," which can be viewed here and here.

By Margaret Dore, Esq., MBA

Prop. 106 applies to patients whose terminal illness is incurable and irreversible and which has been medically confirmed and will within reasonable medical judgment, result in death “within six months.”[1]


Oregon’s law applies to terminal patients who meet these same criteria. Oregon’s law states:

“Terminal disease” means an incurable and irreversible disease that has been medically confirmed and will, within reasonable medical judgment, produce death within six months. (Emphasis added).[2]

In Oregon, these criteria are interpreted to include chronic conditions such as “chronic lower respiratory disease” and “diabetes mellitus” (better known as “diabetes”).[3] Indeed, these conditions are listed in Oregon government reports as “underlying illnesses” sufficient to justify assisted suicide.[4]

One reason that chronic conditions qualify for assisted suicide is that the six months to live is determined without treatment. Oregon doctor, William Toffler, explains:

In Oregon, people with chronic conditions are “terminal” [and eligible for assisted suicide] if without their medications, they have less than six months [to] live.[5]

Dr. Toffler elaborates:

This is significant when you consider that a typical insulin-dependent 20 year-old-year will live less than a month without insulin.

Such persons, with insulin, are likely to have decades to live; in fact, most diabetics have a normal life span given appropriate control of their blood sugar. (Emphasis and spacing changed).[6]

If Colorado enacts Prop. 106 and follows Oregon’s interpretation of “six months” to live, assisted suicide will be legalized for people with chronic conditions such as insulin dependent diabetes. As noted by Dr. Toffler, such persons can have “decades to live.”[7]

Footnotes:

[1]  Prop. 106, § 25-48-101, (13), (12) & (16) state:

“Qualified individual” means a terminally ill adult with a prognosis of six months or less . . . . 

“Prognosis of six months or less” means a prognosis resulting from a terminal illness that the illness will, within reasonable medical judgment, result in death within six months and which has been medically confirmed. . . .

“Terminal illness” means an incurable and irreversible illness that will, within reasonable medical judgment, result in death. (Emphasis added).

[2]  Or. Rev. Stat. § 127.800 s.1.01.(12). ( A-27).
[3]  Declaration of William Toffler, MD (A-27 & A-28, ¶¶ 2, 3 & 6).
[4]  Id., "Exhibit B" (A-35 & A-36)
[5]  Id., ¶ 4
[6]  Id.
[7]  Id.