Premium Essay

Oregon Death With Dignity Act Analysis

Submitted By
Words 951
Pages 4
In 1994 the voters of Oregon voted to become the first state to pass the legalization of assisted suicide enacting the Oregon Death with Dignity Act (ODWDA). The law sanctioned registered doctors to prescribe lethal dose of regulated drugs to patients with the approval of two physicians to be within six months of dying from of an incurable condition. The patient must make a voluntary request and must undergo counseling to determine if the patient suffers from any psychological disorders or any form of depression causing impaired judgement. When the law was passed, the Justice Department, under Attorney General Janet Reno, deter that it did not violate the Controlled Substance Act (CSA). The CSA was passed in 1970 and sanctions Congress to …show more content…
The CSA permits the U.S. Attorney General to regulate the controlled substances prescribing practices and to refuse, disallow, or revoke a physician’s registration with the Drug Enforcement Administration (DEA) if such registration is “inconsistent with public interest”.
In 2001, then U.S. Attorney General John Ashcroft argued that he had constitutional jurisdiction to determine what constitutes the licit practice of schedule II substances regulated under the federal CSA. Ashcroft reversed the findings and issued a ruling to stop the method of physician assisted suicide (PSA). The Interpretive Rule or better known as the “Ashcroft Directive” stated that providing a controlled substance for PSA is not a “legitimate medical purpose”. Under Ashcroft, doctors risked sacrificing the ability to prescribe medications if he/she chose to provide aid-in dying under the ODWDA. Physicians found to be offenders faced civil and sometimes criminal sanctions. The day after the directive was issued, the State of Oregon, along with pharmacists, physicians and the …show more content…
In a 6 to 3 decision, the court ruled the Attorney General’s attempt to intervene in affairs of the state’s aid in dying has exceeded his authority.”
“This is a watershed decision for freedom and democracy in the U.S. If reaffirms the liberty, dignity and privacy Americans cherish at the end of life.”
“No government should threaten these rights nor usurp a state’s power to meet the needs of its dying citizens.”
I completely agree with this ruling. The right to die can easily be made by others means that do not have to be assisted by a doctor but sometimes people’s handicaps, diseases and other circumstances make them unable to end their lives in a “dignified” manner. Asking for assistance cannot be an easy thing to do. Why shouldn’t it be someone’s choice if they choose not to live every day excruciating pain or slowly withering away from a terminal illness? I believe it is cruel to sentence a person to months, possibly years of suffering before their natural death. Prolonging the inevitable is cruel if a person has made the choice PAS. A person should be able to control their remaining days of life. They should be able to exercise their right to die. I feel the right to die should have the same right as those who fight to

Similar Documents

Free Essay

Code of Ethics

...live, and die according to one’s desires and beliefs. Death with dignity is a national organization located in Oregon, which is non-partisan, non-profit that has led the legal defense and education of the Oregon law for nearly twenty years; however, the actual law for death with dignity was not passed until 1994 and due to legal issues, it became effective later in 1997. The Board of Directors for Death with Dignity Movements are some of the most esteemed medical, legal and scholarly experts, which are responsible for the political defense of the Oregon law and the promotion of death with dignity initiatives in other states. The Oregon Death with Dignity act has given patients what others might think or find deplorable a chance to die with dignity in their own terms. The Act allows mentally competent terminally ill adults who have six months or less to live receive, under strict safeguard, a prescription for life ending medication The goal of the Death with Dignity National Center is three fold: defend dignity, mobilize dignity, and preserve dignity. To Defend Dignity, the Death with Dignity National Center works with an “extensive and costly legal defense of the Oregon law, as well as coalition building providing the flexibility to rapid response to both legal and political challenges” (DWDNC, 2011). A second goal of the Death with Dignity National Center is to mobilize dignity. In mobilizing dignity, the Death with Dignity National Center “provides various educational and outreach...

Words: 1747 - Pages: 7

Free Essay

Death with Dignity

...Scheduling Death with Dignity In Lindsey Bever article “ Cancer patient Brittany Maynard, 29, has scheduled her death for Nov 1” published by Washington Post on October 8, discusses some of the many problems the terminally ill patients go through during the final stages of their life. Everything in life is planned and scheduled by man, but the author reminds us of how uncertain “death” is in every person’s life, and how it can affect thyself and all the other people who surround them. Bever explains Brittany’s current illness position and how she battles her brain cancer with her own dying terms. Her argumentative point in this article is whether people should have the right to choose when they die? And she points out various options and sacrifice’s Brittany or any terminally ill patients have to make and face when they are diagnosed with extreme mortal diseases. Brittany was diagnosed with Brain Cancer on New Year ’s Day and nine days later she was performed with a surgery and given 10 years to live. But then in April again, doctors saw that her tumor had returned and that she had reached stage 4 in her brain tumor. And the result was grave, only six more months to live. At this point of time in her life, Brittany wrote to CNN stating that she is been on medication for weeks, and that she is tried all the possible treatment that is currently available, but nothing seems to be working on her illness. Doctors explained her options but none would save her life. She wrote her options...

Words: 873 - Pages: 4

Free Essay

Suicide or Peaceful Death

...arguments of the law in Oregon. “How unspeakable paternalistic and condescending!”(410) is her response to the editor that says “ It is the job of the federal government to go in and protect the life of the person whose life is being taken, even if that person wants to commit suicide.”(409-410) Quindlen argues for the Nimitz decisions to be left alone. Quindlen takes in to consideration the law, the mental state of Mrs. and Mr. Nimitz, and her own thoughts or feelings. Oregon.gov states that on October 27, 1997 Oregon enacted the Death with Dignity Act which allows terminally-ill Oregonians to end their lives through the voluntary self-administration of lethal medications, expressly prescribed by a physician for that purpose. The Oregon Death with Dignity Act requires the Oregon Health Authority to collect information about the patients and physicians who participate in the Act, and publish an annual statistical report. This law makes many double or triple think of how death would change the faith of life. “…two out of three Americans support the right to euthanasia.” These Americans that have agreed have put much thought into supporting this law. Agreeing with euthanasia doesn’t say to someone that he or she don’t have proper morals or don’t believe in faith, it’s saying that is the way free will of someone. The law is clearly handled well it must be documented for every death, which in thought is the best way for it to be shown that it’s not a cruel act against the ill person...

Words: 872 - Pages: 4

Premium Essay

Physician Assisted Suicide

...forced to take it, but it’s to serve as another choice for the patient. In fact, according to healthresearchfunding.org, only 673 patients chose to die with lethal injections prescribed by doctors from 1997 to 2012 in the state of Oregon. In the state of Washington, some 240 people chose physician assisted suicide from 2009 to the end of 2012. The state of Vermont has had only one citizen take advantage of their law. So we see that the patients who have consciously made this decision get to have their wish carried out, and those who are suffering but still wish to live will still have choices. We must prioritize the needs of the living. Caring for a terminally ill or otherwise encumbered person is incredibly taxing on both the individual and the caregiver. Because Medicare and state and federal Medicaid systems don’t cover the cost of hiring in-home care-giving support, the physical, psychological, emotional, financial, and social strain on caregivers is very real. The patients usually feel guilty about involving their loved ones in their problems, because according to the Summary of the Death with Dignity Act of 2007, Loss of autonomy, or not being able to care for oneself and make one’s own decisions, is reported in 100% of cases of PAS in Oregon. Furthermore, since medical care is incredibly expensive and full time caregivers are not covered by...

Words: 374 - Pages: 2

Premium Essay

Physicians Assisting with End of Life

...Lee The authors thoughts on this topic, is that physicians should assist their patient’s with end of life assistance when there is no sign of a patient recovering from their current state of condition. The options the patient should have is to be placed on hospice which will allow the patient to be as comfortable as possible. The use of a living will give the family and physician’s guidance for what steps are to be taken at the end of life; however, when the time comes not all family members feel the decisions the family member made are the right choices. Everyone can discuss what one would like to have happen to them, but when placed in making those decisions it becomes hard due to a normal reaction is to save family not plan their death. Technology has advanced over the years where it is now possible to keep an individual alive for long periods of time. With the ability to feed and breath for patients with the use of tubes an individual does not need to be coherent in order for decisions to be made regarding their health. Ethical values and the decision making play vital roles in how physicians will treat their patients. The socioeconomic status plays a huge role in the way a physician will chose which plan will be best for their patient. The ability to pay for treatment also has a factor in making decisions for an individual’s treatment plan. If a patient has good insurance and is financially stable physicians may plan a long term regimen treatment plan, those that lack...

Words: 935 - Pages: 4

Premium Essay

Doctor Assisted Death

...debated topic B. “There is no treatment that would save my life, and the recommended treatments would have destroyed the time I have left” is a quote by Brittany Maynard who is one of the most famous patients to use the death with dignity act C. She chose to use a pill that would end her life by November 1st II. Thesis: Patients around the world have wanted this act to be passed and they are starting to see their wish come true Body 1. The current debate of whether or not the death with dignity act should be passed across the U.S. is one that is highly debated ethically 1. “We must find a solution to the unbearable suffering of patients whose needs cannot be met by palliative care."- Lord Joffe 2. There is ways to help reduce the pain but in some cases even this methods don’t help and patients are forced to be in a hospital as they wither away and suffer. Transition:  Now that you understand where I am coming from on this sensitive topic here are some more ideas that we must consider. 2. The Debate 3. Religious side 1. “Severely undermining respect for life” is the reason most people oppose the right for patients to end their life. 1. Legal Euthanasia worldwide 1. “one in every 32 deaths in the Netherlands is a result of legal or illegal euthanasia” 2. Dutch laws have even been campaigning for further relaxations of the law - for example, to encompass people with dementia. 3. Requirements...

Words: 551 - Pages: 3

Premium Essay

Assisted Suicide - the Right to Choose

...of a terminal illness. There are multiple terms to describe assisted suicide, depending upon what your opinion on this sensitive matter are. Whether we as people, or patients, as it would be, have the right to choose, depends invariably on where we reside, the legal judgements and the physicians viewpoint, and how we perceive this ethical decision. The three states that currently have the Death with Dignity Act in place are Washington, Oregon, and Vermont. Some people, including several national professional organizations within these states, object to the term suicide, stating that this implies some degree or type of mental illness. The term that these national organizations have adopted to use for assisted suicide is, patient directed dying or physician aid-in-dying. The reason that these organizations had to adopt a specific term is because some outdated terminology has taken on a social definition or a particular stance on this emotional and complex subject. The legal term for this act is called the Death with Dignity Act. Neither term is used in Washington, Oregon, or Vermont. These states and their national seated organizations contend that the, "Physician aid-in-dying (PAD) refers to a practice in which a physician provides a competent, terminally ill patient with a prescription for a lethal dose of medication, upon the patient's...

Words: 327 - Pages: 2

Premium Essay

Physician Assisted Suicide Controversy

... states that have legalized physician assisted suicide which include, California (the most recent),Colorado, Oregon, Vermont, and Washington. The reason why this has not been a nation wide acceptance is due to...

Words: 911 - Pages: 4

Free Essay

Retrospective Healthcare Policy Analysis

...Retrospective Healthcare Policy Analysis: Oregon’s Death with Dignity Act Professional Policy Analyst from the Normative Policy Analyses Approach Retrospective Healthcare Policy Analysis: Oregon’s Death with Dignity Act Oregon’s Death with Dignity Act was the legislated response to a highly controversial health policy debate regarding patients’ rights – specifically whether or not a patient has the right to die if they choose to do so (Altmann & Collins, 2007). While euthanasia and physician assisted suicide are not new topics, they did receive an increase in public and media attention during the early 1990s. Most notably Dr. Jack Kevorkian, who defied the law and assisted in 130 patient suicides, Dr. Kevorkian’s actions brought about increased media coverage on the topic of physician assisted suicide, which is a contributing factor as to why the Oregon’s Death with Dignity Act was conceived in the first place (Werth JR & Wineberg, 2005).  On the one side of the spectrum were advocates of physician assisted suicide who maintained that it was an infringement on patients’ rights to deny them aid in dying, and inhumane to make people suffer when diagnosed with a terminal illness (Merino, 2012).  On the other side were critics who concluded that physician assisted suicide was a breach of medical ethics, and morally unacceptable because it devalued human life. Furthermore, these critics found that assisted suicide was not valid because there were alternative solutions, such...

Words: 1834 - Pages: 8

Premium Essay

I Can't Stand the Pain

...As an Athletic Trainer ethics play a major role. In many cases I evaluate many of the injuries sustained by my student-athletes offering varied suggestions on how we should move forward with either a Doctor Visit or in house rehabilitation. With this responsibility comes opposition from both parents and coaches as they insist I clear an athlete for play or don’t deliver the whole truth to the parents and or coach. Although not as controversial as assisted suicide it poses significant risks and eyebrow raises in the sports world. Doctors, nurses, and various medical personal have a harder role. They wager people’s lives and future and decide in some countries whether or not to permit such an act. In this essay we will explore the facts on Euthanasia: Assisted Suicide, my view, the world view and its progress. Before I begin, however, let me note what I will not try to do. I will not try to show you that Physician Assisted Suicide is a fully justifiable course of action what I will do is give you facts and statistics of this rapidly growing controversial issue.. What I will show you is the compatibility to the commitment to good end-of-life care. One of the most important public policy debates today surrounds the issues of euthanasia and assisted suicide. The outcome of that debate to whether or not it should be made available will profoundly affect family relationships, interaction between doctors and patients, and concepts of basic ethical behavior. Although not accepted widespread...

Words: 1907 - Pages: 8

Premium Essay

Analysis of an Ethical Dilema

...Running head: ANALYSIS OF AN ETHICAL DILEMMA Analysis of an Ethical Dilemma NRS 437V December 11, 2011 Analysis of an Ethical Dilemma Euthanasia, sometimes referred to as mercy killing, is an act by a third party that causes a patient’s death. Such acts include administering a lethal dose of medication by way of injection or mask, usually to a seriously ill patient. This analysis will discuss the ethics of euthanasia as it relates to nursing, laws, society, and the stakeholders involved in the scenario. The American Nurses Association (ANA) believes that the nurse should not participate in Active euthanasia because such an act is in direct violation of the Code for Nurses with Interpretive Statements, the ethical traditions and goals of the profession, and its covenant with society. (Task Force on the Nurse's Role in End-of-Life Decisions, 2011) While patient advocates should be vigilant for providing diligent care, they should perform their tasks with respect, support and due commitment towards their care. In healthcare practice, in order to relieve pain and suffering, there is an obligation to promote dignity and autonomy of patients. Euthanasia is a complex issue in which nurses are uncomfortable determining the life and death of a patient. Nurses have to practice ethical principles of beneficence, which maximize benefit and reduce potential risk and harm to the patient. Non-malfeasance is another ethical issue in which a nurse should do no harm. A competent...

Words: 1165 - Pages: 5

Premium Essay

Claiming the Right to Die

...illnesses that cannot be cured but only treated. Although, treatments are effective in some way, there is absolutely no cure for that disease. Therefore, many patients with incurable illnesses have made a decision that they believe was right for them. This righteous act was known to be part of Euthanasia, which is considered being “the Right to Die”. So what is Euthanasia? In Greek language, the word “Euthanasia” eu means "good" and thanatos means "death". One meaning given to the word is "the intentional termination of life by another at the explicit request of the person who dies." Therefore, the term euthanasia practically means that the act must be initiated or agreed upon by the person who wishes to commit suicide. But as a disagreement, some people define euthanasia to include both voluntary and involuntary termination of life. In his book Unplugged: Reclaiming Our Right to Die in America, William Colby states that "euthanasia" defines multiple meanings and yet, leads to a massive confusion. For example, for today’s world, it is defined as the “intentional killing by act or omission of a dependent human being for his or her alleged benefit.” This literally means that if death is not intended, then it is not an act of euthanasia. Others would also recognize it as “mercy killing” or “physician-assisted suicide”. Now many will ask themselves how it is affecting our society and the ethics involved with Euthanasia. Moreover, this procedure of Euthanasia not only affects the...

Words: 2252 - Pages: 10

Free Essay

Physician-Assisted Suicide - Descriptive Analysis Paper

...COMS 321 – Rhetorical Discourse 18 Jun 2015 DESCRIPTIVE ANALYSIS: LET’S CALL PHYSICIAN-ASSISTED SUICIDE WHAT IT IS I have conducted a descriptive analysis from an article written by Karin Klein, Editorial Writer of the Los Angeles Times, published on February 17, 2015. Klein tackled the topic “Let’s call physician-assisted suicide what it is”. The newly written Senate Bill (SB) 128 would “allow physicians in California to write lethal prescriptions under tightly controlled circumstances” for the terminally ill but will not call it as “suicide” nor will it be reflected as such on death certificates. Klein’s editorial is focused on the these two major flaws of the bill written for the terminally ill who are looking for a dignified way to end their life by allowing them access to lethal prescription drugs if the bill is passed. The bill is mirrored after the State of Oregon’s Death with Dignity Act law passed by its legislature in 1997. Klein’s purpose, at the time of her writing the editorial, was to reach out to the legislators and advocates of the bill, her audience, to modify the bill by naming it as it is, “a physician-assisted suicide” and reflecting it as such in death certificates. The tone and approach to her writing was straight to the point while at times satirical, stretching how the definition of “suicide” can have a different connotation in the eyes and perspectives of the advocates of the bill. Klein seeks to appeal to the writers and proponents of the...

Words: 1550 - Pages: 7

Premium Essay

Euthanasia

...of making the decision to end their life. Many of the physician assisted deaths or euthanasia is due to terminal illnesses or one is in such pain and suffering from a disease or a non-curable virus. When you look at these factors one would have to ask themselves, even though it is properly regulated, should euthanasia be legalized or not because everyone has the right to die, it has been proven to saves lives, and has been known to encourage vulnerable people to end their lives. First, should euthanasia be legalized or not because everyone has the right to die. There was a story that I read about a guy’s grandmother was suffering from advanced heart disease and during surgery she acquired a bacterial infection, and ended up to where she could not take care of herself. She ultimately did not want to live anymore. Matthew Hayes went on to say that to his grandmother “Life was not worth living, she told me, without autonomy. She wanted to die happy and with some dignity left” (Hayes, 2014). Since she could not end her life legally in New York, she went on to suffer for two years before finally dying a slow and painful death. Oregon passed a law in 1997 called the Death with Dignity act, where “this would allow which allows terminally-ill patients to end their lives through the voluntary self-administration of lethal medications, expressly prescribed by a physician for that purpose” (Death with Dignity Act). I feel like I stated everyone has the right to die, and with the above...

Words: 1236 - Pages: 5

Free Essay

Right to Die

...Death with Dignity If we assume that every human being born into this world has a "right to life," then it logically follows that every human being has a right to end their life (or a "right to die"). Because death is a part of life, a person's right to life logically assumes a right to not have that life. Thus, any law upholding a person's right to life has inherent within that same law a person's right to die, otherwise it would not be a right to life in the true sense of the term. But there is a legal battle going on in America right now over whether or not a person has a right to die. Does the government have the right to prolong your life by artificial means whether you desire it or not? With the passing of this law nationwide, you, as the voter will simply be saying, “It is YOUR choice” (Patashnik, 2004) The issue of “Having a Personal Right to Die,” has been long simmered beneath the surface in legal and political circles: under what circumstances do terminally injured and ill Americans have the right to choose to die? The Supreme Court made a definitive statement in the landmark 1990 case Cruzan v. Director, Missouri Dept. of Health that severely injured patients have a constitutional right to refuse medical treatment and die. But the court also ruled that states can require "clear and convincing" evidence of a patient's intent to forgo medical treatment, a rather high evidentiary standard to meet. History The actual word for “having a right to die” is Euthanasia...

Words: 4441 - Pages: 18