Sunday, May 13, 2018

Assisted Suicide Bill Should Be Repealed

http://www.thegardenisland.com/2018/05/13/opinion/letters-for-sunday-may-13-2018/

What will it take to repeal Hawaii's new law supporting physician-assisted suicide?

For humanity to evolve, we must relinquish violence which is rampant in our culture. Murder of others and murder of self are forms of violence.

Rather than contriving ways to remove people from the planet, we are invited to creatively and compassionately think of ways to support people on the planet.
Hawaii is a role model for "ohana" and "aloha" and family support; the exact opposite of physician-assisted suicide.

Thursday, March 1, 2018

Legislators Did Not Know the Text of What They Were Voting On

Scott Nishimoto
"'Pass it then read it,'
 a member of the public
 shouted out sarcastically.'
http://www.civilbeat.org/2018/02/medical-aid-in-dying-bill-takes-major-step-forward-in-hawaii-legislature/

The committees also added another hurdle before a patient could receive the prescription. Aside from needing two medical providers confirming the terminal diagnoses, the six-months-or-less-to-live prognosis and medical competence, the patient must also undergo counseling by a doctor, psychologist or psychiatrist, but could do so by phone.

Hawaii would be the first state to require counseling, Mizuno said. He added that the tele-health provision would help make it easier for residents in Hawaii to comply with the counseling requirement, recognizing that some live in rural areas far from doctors.

The committees also lengthened the time the patient must wait between making two verbal requests for medically assisted death. Instead of 14 days, the amended version now calls for 20 days. One signed written request, witnessed by two people (one unrelated to the patient), is also required.

Saturday, February 10, 2018

Purported Protections Negated by Other Bill Provisions; Not Enforceable.

HB 2218 &  HB 2736, seeking to legalize assisted suicide and euthanasia in Hawaii, contain purported patient protections such as a the participation of a second doctor and waiting periods.[1] The bills, however, also hold doctors that the attending provider is merely to ensure that all “appropriate” steps are carried out.[4] In addition, the provider is held to an “accordance” standard. The bill states:
The attending provider shall: . . .

(11) Ensure that all appropriate steps are carried out in accordance with this chapter . . . .  (Emphasis added).[5]
The bill does not define “accordance.”[6] Dictionary definitions include “in the spirit of,” meaning “in thought or intention.”[7] With these definitions, the attending provider’s mere thought or intention to comply is good enough. The purported safeguards are unenforceable.

Thursday, February 8, 2018

Update: Touted Safeguards Are Neutralized; Unenforceable

Margaret Dore, Esq.
By Margaret Dore, Esq., MBA

HB 2739 seeks to legalize assisted suicide and euthanasia as those terms are traditionally defined. The bill also promotes itself as having “robust" safeguards.[1] Indeed, the bill goes so far as to say that its "rigorous safeguards would be the strongest of any state in the nation and will thoroughly protect patients and their loved ones from any potential abuse."[2]

The purported safeguards are enumerated and include that the attending provider “shall” refer the patient to a consulting provider, and that the attending provider “shall” offer the patient an opportunity to rescind the lethal dose request.[3]

The bill, however, also says that the attending provider is merely to ensure that all “appropriate” steps are carried out, and that the provider is held to an “accordance” standard. The bill, 
§ 4, states:

The attending provider shall: . . .
(11) Ensure that all appropriate steps are carried out in accordance with this chapter . . . .  (Emphasis added).[4]
The bill does not define "appropriate" or “accordance.”[5] Dictionary definitions of appropriate include "suitable or fitting."[6] Dictionary definitions of accordance include “in the spirit of,” meaning “in thought or intention.”[7] 

With these definitions, the attending provider’s mere view of what is "suitable or fitting" is enough for safeguard compliance. The provider's mere "thought or intention" is similarly sufficient. The touted safeguards are thus neutralized to whatever an attending provider happens to feel is appropriate and/or had a thought or intention to do. They are unenforceable.

Tuesday, July 18, 2017

Thank You Representative Oshiro!

Representative Marcus Oshiro (in green)
This is a belated thank you to Representative Marcus Oshiro, one of the many people instrumental to the defeat of SB 1129, which had sought to legalize assisted suicide and euthanasia in Hawaii.

Representative Oshiro took the lead to make stopping the bill one of his main goals for the legislative session. From my viewpoint, he was a major reason we won in what was also a great team effort. Choice is an Illusion got him a plaque in appreciation.

Friday, July 14, 2017

Assisted Suicide Dealt Another Blow In Hawaii

Attorney General
Douglass S. Chin
http://www.bigislandvideonews.com/2017/07/15/medical-aid-in-dying-dealt-another-blow-in-hawaii/

ARTICLE SUMMARY- They failed at the legislature this year, and now a court dismissed a lawsuit, but advocates have not given up.

(BIVN) – An Oahu circuit judge on Friday dismissed a lawsuit asking the court to prevent existing Hawaii criminal laws from being applied to medical aid in dying [assisted suicide] practices.

In its decision, the court relied upon state legal precedent that prohibited it from issuing such relief, the state attorney general said in a media release. The attorney general opposed the suit, filing the successful motion to dismiss.

Sunday, March 26, 2017

Reject SB 1129 S.D. 2 Memorandum


By Margaret Dore, Esq.

To view a print version, click here and here.

To view the entire memo in html, click here.

I. INTRODUCTION

I am an attorney in Washington State where assisted suicide is legal.[1] Our law is based on a similar law in Oregon. Both laws are similar to the proposed act in SB 1129 SD 2.

The proposed act seeks to legalize physician-assisted suicide and euthanasia as those terms are traditionally defined. The act calls these practices “aid in dying.” This is misleading. “Eligible” persons may have years or decades to live. The act is also sold as a promotion of patient choice and control, which is not true. The act is stacked against the patient and a recipe for elder abuse. I urge you to vote “No” on SB 1129 SD2.