LibGuides: Evolution of Euthanasia by Jessica French: Statutes and Legislative History

Relevant Federal Sources

Relevant Constitutional Provisions

Federal Statutes

Patient Self-Determination Act (PSDA), 42 U.S.C.A. §§ 1395i-3, 1395l, 1395cc, 1395mm, 1395bbb, 1396a, 1396b and 1396r.(1990)

The PSDA was enacted ensuring that a patient has the right to control their own health care choices by directing health care providers, individual states and the Secretary of Health and Human Services on policies

The PSDA protects the right to make and refuse medical decisions if the patient cannot make the choice, but cannot be construed to extend to active euthanasia.
The Patient Self-Determination Act (PSDA) simply requires that most health care institutions (but not individual doctors) do the following:

(1) Give you at the time of admission a written summary of:
- Your health care decision-making rights (Each state has developed such a summary for hospitals, nursing homes, and home health agencies to use);
- the facility's policies with respect to recognizing advance directives.
(2) Ask you if you have an advance directive, and document that fact in your medical record if you do. (It is up to you to make sure they get a copy of it).

(3) Educate their staff and community about advance directives.

(4) Never discriminate against patients based on whether or not they have an advance directive. Thus, it is against the law for them to require either that you have or not have an advance directive.
Health Care Advance Directives: By the ABA Division for Public Education

Controlled Substances Act, 21 U.S.C.A. §§ 801-904 (2014): Registered physicians are using their prescription pads to prescribe medications regulated under the Controlled Substance Act, which was enacted in 1970 for the very purpose of preventing drug abuse and/or addiction and punish illicit trafficking of pharmaceuticals.

Scheduling of Drugs Under the Controlled Substances Act: FDA Testimony
The Controlled Substances Act: Regulatory Requirements: Brian T. Yeh, Legislative Attorney, December 13, 2012; Congressional Research Services for members of Congress

§1553 of the Affordable Care Act: Prohibition Against Discrimination for Refusal to Provide Assisted Suicide Services

The Federal Government, and any State or local government or health care provider that receives Federal financial assistance under this Act (or under an amendment made by this Act) or any health plan created under this Act (or under an amendment made by this Act), may not subject an individual or institutional health care entity to discrimination on the basis that the entity does not provide any health care item or service furnished for the purpose of causing, or for the purpose of assisting in causing, the death of any individual, such as by assisted suicide, euthanasia, or mercy killing.

Bills:

H.R. 4006: The Lethal Drug Abuse Prevention Act of 1998 (105th Congress (1997-1998))
H.R. 2260: Pain Relief Promotion Act of 1999 (106th Congress (1999-2000))

States Where Physician-Assisted Suicide is Illegal

46 States that Criminalize Physician-Assisted Suicide

The United States Supreme Court has held that a state can criminalize physician-assisted suicide and not be in violation of the 14th Amendment as long and rational basis is met. (See "Case Law" under "Primary Sources" for the cases)

Oregon

Oregon was the first state to legalize physician-assisted suicide through referendum.

The Oregon Legislature Legislative Documents

OR. REV. STAT. ANN. §§127.800-127.897 (2014)

Background Brief on the Death With Dignity Act (2012)
Background Brief on Oregon Death With Dignity Act (2006)
Background Brief of Physician Assisted Suicide (2004)
Session Law (1999)

ABA Article: "Twenty Years of Living with the Oregon Death with Dignity Act" By Eli Stutsman; practicing Oregon lawyer. He was lead author of the Oregon Death with Dignity Act and co-founded Oregon Right to Die. In 1995 he co-founded and became board president of the Death with Dignity National Center

Montana

Montana enacted the Rights of the Terminally Ill Act which the Supreme Court of Montana interpreted to include physician-assisted suicide.

MONT. REV. STAT. ANN. §§50.9.101-50.9.111 (2014)

The Act itself does not declare physician-assisted suicide, but it also does not prohibit it.
The video below explains the role of the Montana Terminally Ill Act and the effects of Baxter v. Montana on the Act.

Vermont

Vermont, following Oregon's lead, was the first state to legalize physician-assisted suicide through the legislative process.

The Vermont Legislature Legislative Documents

VT. REV. STAT. ANN tit. 18 §§ 5281-92 (2014)

S.0077: An act relating to patient choice and control at end of life; provides the full history, amendments; status and floor action

"This act creates a process in statute by which a physician may receive immunity from civil and criminal liability and professional disciplinary action for prescribing to a patient with a terminal condition medication for the patient to self-administer to hasten his or her death. It requires the physician to document the occurrence of 15 separate actions, some of which include multiple steps. After three years, the act repeals the statutory process and replaces it with immunity for physicians who take certain steps with respect to a patient with a terminal condition, including prescribing a dose of medication that may be lethal to the patient, if the patient later makes an independent decision to self-administer a lethal dose of the medication.

The act states that a patient’s right to ask questions and receive information from his or her physicians exists regardless of the purpose of the patient’s inquiry or the nature of the information provided. It specifies that a patient with a terminal condition who selfâ€‘administers a lethal dose of medication is not a person exposed to grave physical harm under Vermont’s duty to aid law, and that no one will be subject to civil or criminal liability solely for being present when a patient with a terminal condition self-administers a lethal dose of medication or for not acting to prevent the patient from self-administering a lethal dose.

The act prohibits a health care facility or health care provider from imposing any penalty on a physician, nurse, pharmacist, or anyone else for actions taken in good faith reliance on the provisions of the chapter created by the act or refusals to act under the chapter. It also specifies that no physician, nurse, pharmacist, or anyone else is under any duty to participate in providing a lethal dose of medication to a patient. The act protects individuals and their beneficiaries from being denied life insurance benefits for actions taken in accordance with the chapter and prohibits issuers of medical malpractice insurance from conditioning the sale, procurement, or issue of, or the rate charged for, a medical malpractice insurance policy based on whether a physician is willing or unwilling to participate in the provisions of the chapter.

The act specifies that it does not limit or otherwise affect the use of palliative sedation; that it does not authorize anyone to end a patient’s life by lethal injection, mercy killing, or active euthanasia; and that actions taken in accordance with the chapter are not suicide, assisted suicide, mercy killing, or homicide. The act also directs the Department of Health to adopt rules for the safe disposal of unused medications prescribed under the chapter."