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.

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.