Friday, October 28, 2016

Prop. 106 Legalizes Euthanasia

Kenneth Stevens MD
To view similar information in a pdf format, see "Dore Memo Opposing Prop. 106," which can be viewed here and here.

By Margaret Dore, Esq., MBA

Prop. 106 is sold as physician-assisted suicide in which a patient self-administers the lethal dose. In the fine print, Prop. 106 also allows euthanasia. This is true for two reasons: (1) Prop. 106 defines "medical aid in dying" (a euphemism for assisted suicide and euthanasia) as a "medical practice;" and (2) on close examination, self administration is not required.[1] See below.


A. Normal Medical Practice

Generally accepted medical practice allows a doctor or a person acting under the direction of a doctor, to administer medication to a patient.[2] A person acting under the direction of a doctor can be a healthcare professional or a non-medical person.[3] Kenneth Stevens MD states:
Common examples of persons acting under the direction of a doctor, include: . . . parents who act under the direction of a doctor to administer drugs to their children in a home setting; and adult children who act under the direction of a doctor to administer drugs to their parents in a home setting.[4]
This is normal medical practice.[5]

B. "Medical Aid in Dying" is a "Medical Practice"

Prop. 106 defines medical aid in dying as the “medical practice” of prescribing “medical aid-in-dying medication” (the lethal dose) that a patient “may" choose to self-administer.  Prop. 106 states:
“Medical aid in dying” means the medical practice of a physician prescribing medical aid-in-dying medication to a qualified individual that the individual may chose to self-administer to bring about a peaceful death. (Emphasis added).[6]
With use of the word, "may," self-administration is not mandatory. With self-administration not mandatory and “medical aid in dying” a “medical practice,” a doctor or other person acting under the direction of a doctor is allowed to administer the lethal dose (medication) to the patient. Moreover, as with other "medical practices," the administering person can be the doctor or another person such as a family member acting under the doctor's direction.

In other words, taking the language of Prop. 106 to its logical conclusion, an adult child will be allowed to administer the lethal dose to his or her parent.


C.  Allowing Someone Else to Administer the Lethal Dose is Euthanasia

Allowing someone else to administer the lethal dose is euthanasia under generally accepted medical terminology.  The AMA Code of Ethics, Opinion 2.21, states:

Euthanasia is the administration of a lethal agent by another person to a patient . . . .  (Emphasis added).[7]
Prop. 106 legalizes euthanasia.

Footnotes

[1]  “Aid in Dying” is a traditional euphemism for physician-assisted suicide and euthanasia. See e.g., Maria T. Celocruz, “‘Aid-in-Dying’: Should we decriminalize Physician-Assisted Suicide and Physician-Committed Euthanasia?”, American Journal of Law and Medicine,” 1992.
[2]  Oregon doctor, Kenneth Stevens, testifies:

Generally accepted medical practice allows a doctor, or a person acting under the direction of a doctor, to administer prescription drugs to a patient.  Common examples of persons acting under the direction of a doctor, include: nurses and other healthcare professionals who act under the direction of a doctor to administer drugs in a hospital setting; parents who act under the direction of a doctor to administer drugs to their children in a home setting; and adult children who act under the direction of a doctor to administer drugs to their parents in a home setting.  (Emphasis added). See Declaration of Dr. Kenneth Stevens, MD, 01/06/16, at A-50, ¶10.  
[3]  Id.
[4]  Id.
[5]  Id.
[6]  Prop. 106, § 25-48-102(7), can be viewed at A-6 at this link: https://choiceisanillusion.files.wordpress.com/2016/10/prop-106.pdf
[7]  The AMA Code of Medical Ethics, Opinion 2.21, Euthanasia (A-18), linked hereto at https://choiceisanillusion.files.wordpress.com/2016/10/md-ama-opn-euthanasia_001.pdf