RSSOREGON DEATH WITH DIGNITY ONCE AGAINS LEADS CHARGE
INJUNCTION AND SUIT FILED IN FEDERAL COURT
Nov. 8, 2001
FOR IMMEDIATE RELEASE
CONTACT for Oregon Death with Dignity and the Plaintiffs:�
Greg Eddleston (503) 228.6079
Portland, OR --- Oregon Death with Dignity, the only organization to successfully pass and defend a death with dignity law in any political, legislative or judicial arena, today filed a law suit seeking to enjoin U.S. Attorney General John Ashcroft�s decision to prosecute physicians and pharmacists who practice under Oregon�s Death with Dignity law.
�Ashcroft�s ruling is so much political garbage parading as legal analysis,� said Attorney Eli Stutsman from the federal courthouse in Portland as he prepared to file suit.� Stutsman was the lead attorney in drafting Oregon�s law and the principal strategist behind the two campaigns that passed it.� He successfully defended Oregon�s law in the federal court system between 1994 and 1997.
�While it is true that the Ashcroft decision will negatively impact patients, physicians and pharmacists licensed under the DEA are the direct targets,� Stutsman explained as he spoke about the two plaintiffs in the case, Dr. Peter Rasmussen and David Malcom Hochhalter, a pharmacist. Both live in Salem.
Dr. Rasmussen is an oncologist and Board Certified palliative care specialist who has practiced in Oregon for more than 20 years.� Since passage of the Death with Dignity Act, Rasmussen has received numerous requests and has written prescriptions under the law�s guidelines.� Rasmussen believes that patients must exercise their autonomy in matters of their own care.�
�The Oregon law has worked flawlessly for four years and end-of-life care continues to improve for all patients since passage of the law.�� I join this suit today not just as a physician in Oregon concerned about his patients, but as a physician concerned about federal intrusion into the doctor patient relationship.� The practice of medicine cannot and should not be determined by federal law enforcement official,� said Dr. Rasmussen.
Mr. Hochhalter is a Salem pharmacist.� As a licensed Oregon pharmacist and DEA registrant, Mr. Hochhalter dispenses prescriptions under the Oregon law.
Mr. Hochhalter explained, �The mere threat of investigation from the DEA will send chills down the spines of pharmacists all across the country.� Even if a pharmacist complies 100% with the law, the threat of a suit requires a lawyer and mounting legal fees, and that threat will force pharmacists to re-think their dispensing practices.�
Mark Trinchero, attorney and board member of Oregon Death with Dignity commented, �Oregon Death with Dignity drafted this law, we passed this law, we successfully defended this law in the federal courts.� We are the only organization that maintains lobbyists in both Salem and Washington, DC and the only organization prepared to challenge policymakers who would take away the right of terminally ill Oregonians.� We will prevail once again in this court battle.�
The Death with Dignity Case
Under a new interpretation of the Controlled Substances Act (CSA), the federal government threatens license revocation and criminal enforcement against DEA registrants (physicians/pharmacists).� Oregon Death with Dignity�s case argues that this new interpretation:
Violates the Tenth Amendment which reserves certain rights to the states
- Exceeds the enumerated powers of Congress
- Violates the Fifth Amendment as it subjects plaintiffs to denial or revocation of DEA registration
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For more than 14 years, the Death with Dignity National Center (DDNC), a 501(c)(3), non-partisan, non-profit organization, has been the leading advocate in the death with dignity movement. Leaders in our organization originally wrote and have continued advocating for the Oregon Death with Dignity Law. DDNC has met these challenges through extensive legal defense of the Oregon law, education and outreach programs, and by developing and nurturing diverse financial resources with one goal in mind: to ensure DDNC's financial vitality and its position as a leader in the death with dignity movement.
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The Death with Dignity National Center partners with the Oregon Death with Dignity Political Action Fund (the Fund) to conduct lobbying and political activities in order to achieve the enactment of Death with Dignity laws in other states. The partnership resulted in tremendous success with the resounding win in the 2008 Washington Death with Dignity campaign.
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About Death with Dignity
The greatest human freedom is to live, and die, according to one's own desires and beliefs. The most common desire among those with a terminal illness is to die with some measure of dignity. From advance directives to physician-assisted dying, death with dignity is a movement to provide options for the dying to control their own end-of-life care.
Death with Dignity National Center (DDNC) is the leader in this movement, successfully establishing, advancing and defending the landmark Oregon Death with Dignity Act -- a national catalyst for openly discussing and actively reforming end-of-life care for those who are terminally ill.
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Patients & Families
The Death with Dignity National Center was formed out of a profound commitment to the idea that personal end-of-life decisions should be made solely between a patient and a physician. Based on this commitment, we are pleased to provide you with support and information as you face the difficult challenges ahead.
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We have compiled a comprehensive collection of legal briefs, journal articles, and newspaper clippings. We invite you to explore the wide array of information we have collected throughout our history.
In our Research Center you will find frequently asked questions, the history of the death with dignity movement, state monitoring statistics, and a copy of this groundbreaking statute.
