September 2006--Oregon Sen. Ron Wyden will block bill meant to prohibit the use of federally controlled drugs in physcian assisted deaths. All of the physican assisted deaths Oregon, the only state to legalize the practice, involve such drugs.

Wyden, a Democrat, put a block on a bill sponsored by Kansas Sen. Sam Brownback, a Republican, to allow the federal government to prohibit the use of the drugs in assisted dying cases.

August 2006--US Senator Sam Brownback, (R-KS) has introduced the Assisted Suicide Prevention Act, which would prohibit doctors from prescribing federally controlled substances for the purpose of physician aid in dying. “When the law permits killing as a medical ‘treatment,’ society’s moral guidelines are blurred, and killing could gain acceptance as a solution for the chronically ill or vulnerable,” said Brownback. “Doctor-assisted suicide could actually create a financial incentive for insurance companies to encourage prematurely ending the lives of those in need of long-term care.”

These statements distort the facts and are contradicted by experience. The Oregon law is strictly limited to the terminally ill and there is no evidence of abuse. Nor is there any indication of  public or political support for expanding physician aid in dying to the chronically ill or those who are vulnerable. There is also absolutely no evidence after eight years of experience in Oregon that insurance companies have encouraged aid in dying, and there is no reason to think that they would be successful even if they did so.       
We are not surprised that this legislation was introduced and do not believe it will be passed but it is cause for concern.  It will be watched closely.

In the spring Sen. Brownback, who chairs a Judiciary subcommittee of the U.S. Senate, announced a hearing to be held six days later, on what he called “The Consequences of Legalized Assisted Suicide and Euthanasia.” Although the bill recently introduced apparently was the result of that hearing, it seems equally possible that the hearing served as a cover for the Senator to introduce the bill. Committee members in the minority party called upon Compassion & Choices to help schedule witnesses and prevent an erroneous, biased record.

Witnesses called by the majority at the hearing, at which Senator Brownback was the only Senator present, discussed practices in the Netherlands; but did not attempt to denigrate the Oregon experience. Three witnesses, Compassion & Choices Legal Director Kathryn Tucker, Oregon Hospice Association Executive Director Ann Jackson and family member Julie McMurchie presented the reality of Oregon’s experience with legal aid in dying. They testified to the comfort and hope that the law brings to dying patients and how hospice and palliative care has thrived and grown in the past eight years in Oregon, spurred by that State’s aid-in-dying legislation.

They presented strong, fact-filled testimony that was not challenged. Kathryn Tucker answered the last question and closed the hearing with, “Oregonians who use the aid-in- dying law love life. They want to live. But when they reach the end of life, they want that end to be peaceful, humane and attended by their loved ones.”

Pain will be better treated under landmark legislation passed in Albany

June 2006--The New York State Legislature has unanimously passed the Palliative Care Education and Training Act, AB11162, S07458A, to improve palliative care and pain management, the first of its kind in the nation. The New York State Legislature is again on the front line to ensure high quality patient centered care. Initiated by Compassion & Choices, the legislation addresses, in a number of meaningful ways, the urgent public health care crisis of the undertreatment of pain. In summary, the legislation will do the following: 

• Establish a statewide advisory council on palliative care and pain management;
• Create undergraduate and graduate palliative care training programs;
• Establish state Department of Health-designated Centers for Palliative Care Excellence; and
• Authorize the Department of Health to certify one or more palliative care resource centers to assist physicians in the treatment of patients in pain

Up to $4.5 million is authorized annually for the training programs.

“Many health care professionals are unaware of the new resources available for their patients to relieve pain,” said Assembly Health Committee Chair Richard N. Gottfried (D-Manhattan), sponsor of the Assembly bill. “This legislation will help train physicians and other professionals to relieve the suffering of thousands of New Yorkers.” I am grateful that Compassion & Choices of New York took the initiative to work with us on this important legislation.”

Senator Kemp Hannon, (R-Long Island) Chair of the Senate Health Committee and lead Senate sponsor said; “Passage of this legislation is an important step to ensure that in the future patients will get effective palliative care and pain treatment. I am excited that those with expertise in the field across the state and across disciplines will be working with and advising the Commissioner of Health.”

Supporters of the bill included numerous medical and health care organizations, institutions and advocacy groups. The bill was crafted with significant assistance from Dr. Joseph Fins, Chief Division of Medical Ethics, Weill Medical College of Cornell University, Director of Medical Ethics, New York Presbyterian – Weill Cornell Medical Center and Dr. Russell Portenoy, Chair of Pain Medicine and Palliative Care at Beth Israel Medical Center, New York City.

Among the many other pain and palliative care experts supporting the bill and who played an instrumental role in moving the legislature to act was Dr. Diane Meier, Director, Center to Advance Palliative Care and Director, Hertzberg Palliative Care Institute at Mount Sinai School of Medicine, New York City. “I’m sure that my courageous patient, Denyse Dolny, would be gratified to know that her advocacy on behalf of patients contributed to the passage of this important legislation,” said Dr. Meier.

Denyse Dolny’s sister and brother, Debbie and David Dolny, in a joint statement, said, “We are elated that this legislation passed. This is a real tribute to our sister Denyse who, while receiving good care for her disease, was poorly treated for her pain until she became a patient of Dr. Meier. Passage of legislation like this was long overdue.”

Dr. Patricia A. Bomba, of Rochester, Vice President and Medical Director, Geriatrics, Excellus BlueCross BlueShield, said "This is critically important legislation. I have no doubt that the proper implementation of this bill will substantially increase the number of physicians who will be able to effectively treat the pain of their patients and provide palliative care to their seriously ill patients."

David Leven, Executive Director of Compassion & Choices of New York, said, “The medical community came together on this bill, as there was a general awareness that other efforts to improve pain and palliative care in New York have not succeeded rapidly enough.”

Compassion & Choices is a nonprofit organization working to improve care and expand choice at the end of life. As a national organization with over 60 chapters and 40,000 members, we help patients and their loved ones face the end of life with calm facts and choices of action during a difficult time.

Link to PDF version
www.compassionandchoicesofny.org/pdf/pressrelease/CAC_PressRelease_606_623R.pdf