This is a column from Dana's print publication, Brain in the News.
Oregon
took the lead in allowing physician-assisted suicide in 1997 and for 14 years
it stood alone. Then Washington State followed suit with a nearly identical law
in 2008 and soon other states followed their lead. Today, eight jurisdictions
in the United States have authorized physician-assisted death through
legislation, ballot initiatives, or state Supreme Court decisions. In addition
to the two pathfinders, the list includes Montana, Vermont, California,
Colorado, Washington D.C., and Hawaii.
New
Jersey, which has twice failed to enact a law first introduced in 2012, seems
poised to join the crowd. Meanwhile, California is moving in the opposite
direction. A lawsuit has temporarily blocked implementation of its law and could
conceivably overturn it on procedural grounds. It’s one more sign that the
assisted suicide option, once gained, must be zealously guarded.
The
Oregon law, the template for many other states, takes a restrained and
responsible approach. Two physicians must agree that a patient is terminally
ill and mentally competent to decide on suicide. If so, a doctor can prescribe
a lethal medication that must be administered by the patient without assistance
from the doctor. If a patient seems too depressed to make a sound decision,
evaluation by a mental health professional is mandatory.
This
careful approach is a far cry from the reckless days when Dr. Jack Kevorkian
administered lethal drugs willy-nilly to applicants he had barely met. If
anything, the laws may be too restrictive. Most, for example, define terminally
ill as six months to live whereas some neurological diseases take longer to
kill their victims.
Although
some opponents consider the trend a slippery slope to unethical practices—such
as pressuring patients to end their lives to ease the burden on their
families—assisted suicide enjoys such overwhelming support from the public in
polls and referendums that it seems here to stay. In tacit recognition of its
durability, The National Academies of Sciences, Engineering, and Medicine held
a workshop last February entitled “Physician-Assisted Death: Scanning the
Landscape.” The goal was to identify research needed to evaluate at a deeper
level the impact the laws are having on patients, doctors, and public attitudes
toward suicide and end-of-life care.
Even
doctors, who were long resistant to assisting in suicides, are changing their
tune. A 2016 survey showed that a large majority of physicians in the US are
pursuing the expansion of patient options at the end of life. Compassion &
Choices, a non-profit organization that works to increase patient options at
the end of life, reports that 10 state medical societies have dropped their
opposition to assisted suicide laws. The New York State Academy of Family
Physicians has even suggested that doctors who are not ethically opposed have
an affirmative duty to help patients exercise the option because failing to
help would amount to “patient abandonment.”
Despite
the heated rhetoric the issue inspires, remarkably few people in the US
actually apply for a physician’s help in committing suicide or, even if they
successfully qualify, go through with the procedure. No one is quite sure why
they hold back. Did they change their mind? Did their pain diminish? Did their
prognosis improve? Did they die before they had a chance to obtain and take a
lethal drug? My best guess is that they simply want to have the option ready
should they want it but feel no need to rush things.
Where
do we go from here? It would seem reasonable to extend or eliminate the
six-months-until-death criterion as some foreign countries have done. And maybe
death should not be the only criterion. Even more than they fear cancer, many
patients dread the onset of Alzheimer’s disease. They would welcome the chance
to take their own lives peacefully before their minds are permanently
destroyed.
Phil
Boffey is former deputy editor of the New York Times Editorial Board and editorial page writer,
primarily focusing on the impacts of science and health on society. He was also
editor of Science Times and a member
of two teams that won Pulitzer Prizes.