October 7, 2015

California’s End of Life Options Act (SB-128) – What’s it all about?

“I do not know what I would do if I were dying in prolonged and excruciating pain,” he wrote in a letter addressed to state lawmakers. “I am certain, however, that it would be a comfort to be able to consider the options afforded by this bill.

“And I wouldn’t deny that right to others.” – California Governor, Jerry Brown

If you fail, try, try again.

And so those who support end of life rights in California have done. It took them eight attempts but finally common sense and compassion have prevailed.

On 6 October 2015, California became the fourth US State to legalize assisted suicide, with the End of Life Options Act.

Already this new Law is under attack from those who would prefer that no one has choice over the timing and manner of their death.

More about the nay-sayers later. Here is what the new Law is about:

Title: End of Life Options Act

Criteria:

• You must be a resident of California
• You must be an adult – ie 18 years of age or over
• You must be suffering from a terminal disease – ie an incurable and irreversible disease
• You must have legal capacity – ie you must understand the nature and consequences of your decision, along with its significant benefits, risks, and alternatives, and you must be able to make and communicate your decision to health care providers
• You must undergo a ‘Mental Health Capacity Assessment’
• You must make two oral requests at least 15 days apart
• You must also make a witnessed written request on the specified form
• Your health care provider must complete the ‘End of Life Options Act Checklist’
• You must administer the drug physically to yourself, no one can help you

What Drugs will be used?

The Act states that the drug to be used will be determined and prescribed by the attending doctor

What is allowed:

• The Act provides immunity for health care providers from prosecution
• The Act allows health care providers to refuse to engage with the provisions of the Act
• The Act provides strict reporting criteria of doctors, pharmacists, and the State Public Health Officer
• The health care provider is provided with immunity against civil, criminal, administrative, employment, or contractual liability or professional disciplinary action for participating in good faith

What is not allowed:

• Active euthanasia – ie a physician-administered lethal injection
• Coercion or the exertion of undue influence on a person to die is strictly prohibited (no surprises there)
• False, forged, un-authorized requests for the end of life drug are prohibited
• The Act prohibits provision in a contract, Will or other agreement that is conditioned upon or affected by a person making or rescinding a request for an end of life drug
• The Act prohibits the sale, procurement or issuance of any life, health or accident insurance/ annuity policy, health care service plan, contract etc conditioned upon or affected by a person making or rescinding a request for an end of life drug
• An insurance provider cannot provide information (including its availability) to an individual about an end of life drug without a request by the individual, the person’s representative or agent, including their doctor

Its a Wrap, West Coast Style

Brittany Maynard has left one hell of a legacy.

The power of the individual’s story to change the world remains a reality. While the experience of New Zealand’s Lucretia Seales amounted to very little – and certainly no legal dispensation to be allowed help to die – the California existence should serve to preserve hope for the rest of us.

Under Attack

But already the End of Life Options Act is under legal attack.

A group called ‘Seniors Against Suicide‘ have filed papers seeking a referendum to overturn the new Act. They say they are working with ‘other opponents of medically killing depressed and ill patients.’

Once again, radical Christian groups can’t stand the thought of those who do not share their faith exercising their free will and autonomy over their own lives.

Some people never learn. Lets hope they fail miserably in imposing their view of the world on the rest of us.