Hawai'i Legislators Should Reconsider "Death with Dignity" Bill

By None, The Honolulu Star-Bulletin, Jan. 18, 2006

The U.S. Supreme Court's rejection of the Bush administration's absurd challenge of Oregon's Death With Dignity Act came as no surprise. The high court had ruled previously that decisions on whether to allow or ban physician-assisted death should be left to states. Hawaii should take the opportunity to approve legislation similar to Oregon's law.

As attorney general during President Bush's first term, John Ashcroft constructed the fanciful notion that the Oregon law violated the federal Controlled Substances Act requirement that drugs be used for a "legitimate medical purpose." The federal law was aimed at combatting drug trafficking and abuse, and Congress had no intention of interfering with states' traditional regulation of physicians.

Oregon voters approved the Death With Dignity Act in 1994 and overwhelmingly affirmed it three years later. It allows a doctor to prescribe a lethal dose of medicine when requested by a mentally alert Oregon resident diagnosed as having less than six months to live. Two physicians, a psychologist and a social worker must approve the patient's request.

Through 2004, 208 Oregonians had died with the assistance of doctors. They accounted for one in 1,000 Oregon deaths, setting aside arguments that the law would create a slippery slope toward widespread use and abuse. Last year's statistics are to be released next month.

A Blue Ribbon Panel on Living and Dying With Dignity, appointed by former Gov. Ben Cayetano and including the late A.A. Smyser of the Star-Bulletin, recommended in 1998 that Hawaii adopt a law similar to the Oregon statute. Oregon is the only state with such a law.

The state House came within two votes of passing a physician-assisted suicide bill two years ago. Last year, Rep. Scott Saiki, a cosponsor, pulled such a bill from the House floor after determining that it lacked the support for enactment. In earlier sessions, opponents had blocked the measure in committee.

Doctors surveyed by Oregon's Health Division reported last year that lethal doses were requested most often by patients suffering from Lou Gehrig's Disease and AIDS. They said the most common concerns by patients asking for lethal medication were loss of autonomy, decreasing ability to participate in activities and loss of dignity.

Former state Sen. David Matsuura was a key obstructionist of the legislation as chairman of the Senate Health Committee, but he was defeated in the 2002 election so no longer poses a threat. He admitted to personal ignorance of the bill's specifics, merely citing Ashcroft's order unleashing federal agents on Oregon's doctors, even though a federal judge by that time had set aside the order.

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