Assisted suicide and euthanasia bill proposed in Australian Senate

Medical Services (Dying with Dignity) Exposure Draft Bill 2014

A bill to legalize physician assisted suicide and euthanasia has been proposed to the Australian Senate by Green Party Senator Richard di Natale.  Since it is an “exposure draft” it is not in the queue for passage. It includes provisions that provide protection for medical practitioners who refuse to provide the services for “any reason.”  However:

  • The objects of the Act set out in Section 3 do not include the protection of conscientious objectors;
  • The definition of “dying with dignity medical service” in Section 5 includes
    • euthanasia
    •  assisted suicide
    • providing information
  • Since Section 5 is broadly written, it appears that the attending medical practitioner can delegate the act of euthanasia to someone else.
  • Section 11(2)a states that a medical practitioner may refuse to provide euthanasia or assisted suicide “for any reason,” which would include reasons of conscience or religion, but
    • the section pertains only to medical practitioners
      • so it does not protect objecting pharmacists or other health care workers
    • Section 11(2)a does not state that medical practitioners may refuse to facilitate euthanasia or assisted suicide throught referral
  • Section 21 precludes coercion of objecting medical practitioners, but
    • does not preclude coercion of other objecting health care workers, and
    • can be understood to prevent hospices or denominational hospitals from enacting policies against euthanasia and assisted suicide
  • Section 24 provides protection from civil and criminal liability and disciplinary proceedings for medical practitioners who refuse to provide euthanasia and assisted suicide, but
    •  does not clearly offer similar protection to objecting practitioners, since refusing to provide euthanasia or assisted suicide cannot be said to be an omission “for the purposes of the Act,” which are specified in Section 3, and
    • offers no protection at all for other objecting health care workers.
  • There is no provision to protect persons who object to euthanasia for reasons of conscience from discrimination in education or employment.

Chief Rabbi Strongly Condemns Assisted Suicide

Matzav.com

The “physician-assisted suicide” bill, which was approved Sunday by the Ministerial Committee on Legislative Affairs has been met with fierce criticism in the rabbinical world.

Israel’s Chief Ashkenazi Rabbi Rav Dovid Lau slammed the bill, saying that a doctor is permitted to ease a patient’s suffering, but not to put a patient to death. The Chotam rabbinical forum wrote that the proposed law would “aid suicide.”

“A doctor is given the job of healing, and when he is incapable of healing – he has no permission to put to death,” the chief rabbi ruled. “He may provide painkillers even if they bring the time of death closer, but he is not permitted to put a patient to death.” . . . [Full text]

Lawmakers clash over euthanasia bill

Legislation would allow doctors to facilitate assisted suicide for terminal patients without criminal repercussions

The Times of Israel

Aron Dónzis

A day after Israeli ministers gave the go-ahead to a bill regulating assisted suicide for terminally ill patients, the country’s minister for senior citizens appealed the decision, saying he would work to “save the legal system from this pill of death.”

Senior Citizens Minister Uri Orbach (Jewish Home) submitted an appeal Monday to the Ministerial Committee for Legislation against the euthanasia bill approved Sunday by MKs Ofer Shelah (Yesh Atid) and Zahava Gal-on (Meretz).

The bill, passed Sunday by a majority vote in the Ministerial Committee for Legislation, states that a patient defined as “terminal” could be granted a prescription for a lethal dose of anesthetics, and the prescribing doctor could not be held criminally responsible. . . . [Full text]

Embargo on lethal drug stops executions and assisted suicides in US

 Bioedge

Michael Cook

A shortage of a lethal drug is stopping both executions and assisted suicide in the United States. The supply of Nembutal, the drug of choice for executing prisoners in many American states and for assisted suicide in Oregon and Washington state, has dried up because its European manufacturer, the Danish company Lundbeck, refuses to supply it for use in executions. This has had an unintended consequence: patients in Oregon who want physician-assisted suicide cannot get it.

In a recent, widely-reported execution, the state of Oklahoma tried a three-drug cocktail as a substitute for Nembutal (also called pentobarbital or sodium thiopental) last month, but the prisoner, Clayton Lockett, appeared to die in great pain. So patients in Oregon are not going to be using that. A second-best drug, secobarbital, costs between US$1,500 and $2,300-more than five times pentobarbital and it is still hard to obtain.

The botched execution has dismayed lobbyists for assisted suicide because it suggests that a satisfactory substitute for Nembutal will be hard to find. According to the Wilamette Week, an Oregon newspaper, “Advocates would like to expand the policy across the country, and their concerns about bad publicity hampering that rollout appear to account for their reluctance to discuss Oregon’s shortage.”

The assisted suicide lobby, therefore, has turned to other solutions. Compassion & Choices (the rebranded Hemlock Society) has asked the Oregon Board of Pharmacy to allow a pharmacy to manufacture the drug from raw materials.

“Providing this service is important to Oregonians, and I’m very concerned about what appears to be a complete lack of availability of the drug we’ve historically used,” State Senator Elizabeth Steiner Hayward (who is also a doctor who dispenses assisted suicide prescriptions) told Wilamette Week. “What I’ve been told by the pharmacists is the drug is completely unavailable, and we should not prescribe it.”

The irony that one group lobbying against death is frustrating the work of another group lobbying for death was not lost on bioethics gadfly Wesley J. Smith. “It seems to me that if the drugs are wrong to use in lawful executions, they are also wrong to prescribe to people who want to kill themselves. Death-causing is death-causing, and that ain’t medicine,” he wrote in the National Review.

There are other ironies. It is widely acknowledged that it is against medical ethics for doctors to participate in executions. However, Oregon is one of the few states that mandates physician participation in an execution. And anticipating objections by a doctor’s colleagues, it has banned sanctions against him (or her) for participating in an execution.


Embargo on lethal drug stops executions and assisted suicides in USThis article is published by Michael Cook and BioEdge.org under a Creative Commons licence. You may republish it or translate it free of charge with attribution for non-commercial purposes following these guidelines. If you teach at a university we ask that your department make a donation to Bioedge. Commercial media must contact us for permission and fees. Some articles on this site are published under different terms.

Canadian assisted suicide/euthanasia bill lacks protection of conscience provision

Member of Parliament Steven Fletcher has introduced Bill C581 in the Canadian House of Commons, a private member’s bill to legalize physician assisted suicide and euthanasia.  He has also introduced Bill C582 to establish a Canadian Commission on Physician Assisted Death, a body that would “produce public information on physician-assisted death and to support law and policy reform with respect to physician-assisted death.”  Bill C581 does not include a protection of conscience clause for physicians or health care workers who refuse to participate in euthanasia or assisted suicide for reasons of conscience.  Due to Canadian rules of parliamentary procedure and unwillingness of the governing party to revisit the issues, it is highly unlikely that the bills will come to a vote.