Hawaii Police Department Opens Murder Probe After Alleged Violation of Hawaii’s Assisted Death Law

https://www.staradvertiser.com/2025/01/04/breaking-news/hpd-opens-murder-probe-after-alleged-violation-of-hawaiis-assisted-death-law

By Star-Advertiser staff

Jan. 4, 2025

Honolulu police said they have opened a second-degree murder investigation after a doctor allegedly administer a lethal prescription dose to an 88-year-old woman in violation of Hawaii’s assisted death law.

Hawaii’s Our Care, Our Choice Act of 2018 allows for the prescription of a lethal medication under certain requirements, including to self-administer the lethal medication for the purpose of ending a person’s life, according to police. “Self-administer” means that a person ”must perform an affirmative, conscious, voluntary act to take into the individual’s body the prescription medication to end the individual’s life,” police said

Police alleged Friday that in October in the Punahou area, a 73-year-old male doctor assisted in administering the prescribed medication.

Hawai`i Free Press: Assisted Suicide Up 50%; Previously Enacted Safeguards Have Been Relaxed Or Removed

To read news release (may require two clicks), please click here

HONOLULU — More patients utilized the Medical Aid in Dying (MAID) program last year than in 2022, according to the 2023 Our Care, Our Choice Act (OCOCA) Annual Report, prepared by the Hawaiʻi Department of Health (DOH) Office of Planning, Policy and Program Development, July 1, 2024. 

To read the Act in its entirety, click here.

Last year, 91 patients received aid-in-dying prescriptions, which is 31 more than the 2022 total. The Office of Planning, Policy and Program Development said that this is also in line with national data trends and may be due to the increased accessibility that took effect June 1, 2023.

The annual report provides statistics for the OCOCA, which was enacted January 1, 2019. The act allows eligible individuals with terminal illnesses to request medicine that will help them control when and how they choose to die.

Assisted Suicide Bill Should Be Repealed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.

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.

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.

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.

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.