My Thoughts

Montana Death with Dignity

It appears an ugly battle over Death with Dignity legislation may be brewing in Montana. In a complicated 2009 ruling, the Montana Supreme Court determined physician hastened death is not prohibited under current Montana law. In the text of the ruling, the Court did not lay down procedures for implementing Death with Dignity which leaves potential dangers for physicians, patients, and family members that require some sort of statutory or regulatory solution.

Most likely as a result of the murky procedural status, there has been virtually no change in medical practice in the state. Few or no physicians, pharmacists, and/or terminally ill individuals have outwardly discussed their experience under the ruling. Of course, they are not required to do so. Unlike in Oregon and Washington, there is neither state monitoring nor data collection in Montana.

Updated as of August 12, 2010

The 2008 passage of the Washington Death with Dignity Act not only marked a great victory for Death with Dignity supporters, it also inspired legislators in other states to begin working on this important issue. Since the win in Washington, bills that seek to improve end-of-life care have been introduced in state legislatures around the country.

State legislatures are in session and Death with Dignity legislation is introduced consistently each spring in states around the country, in part because legislators have the Oregon law to use as guide. While many bills are drafted each year, the majority fail. Some consider it a failure that most bills do not end up becoming law, but we view these bills as a testament to the Death with Dignity movement, the will of the public, and the strength of Oregon’s model legislation.

Below is a summary of the status of Death with Dignity and end-of-life care efforts and legislation around the nation.

Legislation