Vermont House and Senate Pass Death with Dignity

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Vermont made history today!

The Vermont House and Senate both approved the same version of a law based on Oregon’s model Death with Dignity legislation, and the bill now heads to the governor’s desk for signature. In the past, Governor Shumlin has indicated he’ll sign the bill if it reaches his desk. With the Governor’s signature, Vermont becomes the third state with an assisted dying law and the first state to enact this law through a legislative process. A historic achievement.

This achievement comes after over 10 years of diligent work by our partners, Patient Choices Vermont. In August of 2002, dedicated volunteer Dick Walters brought together a group of Vermonters who wanted their state to allow the same rights Oregonians had because of the groundbreaking Death with Dignity Act. Knowing he needed to consult experts in passing this sort of law, he contacted the only organization which had successfully written and passed such a law: Oregon Death with Dignity, the predecessor of the Death with Dignity National Center.

Right from the beginning, the Death with Dignity National Center formed a strong partnership with Dick Walters and his group, Patient Choices Vermont, to advance legislation allowing for safeguarded assisted death, and we’ve been there every step of the way. Over the years, we’ve joined our credibility, knowledge, and connections to end-of-life care experts with Patient Choices’ dedication to Death with Dignity policy reform in their state.

Beyond our countless hours of work lending political experience to help Patient Choices, we connected them to people who’ve seen Oregon’s law in action through their work in hospice and palliative care. One such expert is Ann Jackson, former Executive Director of the Oregon Hospice Association. Reflecting back on her most recent trips to Vermont, Ann said:

What was most different—and gratifying—about Vermont’s experience was that the House and Senate, as whole bodies, were able to discuss or debate the issue. The bills did not die in committee. What was most interesting was the quality of the discussions in committees—thoughtful and looking for good and truthful information.

The House and Senate debates were more about innuendo and lacked depth. This is not criticism—it is expected that committees seek information and learn and teach. What was most frustrating is that Oregon’s credibility is questioned, even when data and independent studies corroborate state findings. The same dire predictions are being made now that were made in Oregon in 1994 and 1997—and proven wrong—and in every state and country that has considered physician-assisted dying before and after.

But today, facts and data won. Oregon’s law now has 15 years of data demonstrating the groundbreaking Death with Dignity Act written by our founding board member Eli Stutsman is no longer an experiment or test case; it now serves as the model for end-of-life care policy reform. All of us here at the Death with Dignity National Center applaud Vermont lawmakers and Patient Choices Vermont for being truly dedicated to patient-centered care and moving one step closer to allowing all Vermonters to determine how to live out their final days when death draws near.

The bill now heads to Governor Shumlin’s desk for final approval. With his signature, Vermont will take the historic step of becoming the first state to enact Death with Dignity through a legislative process.

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For Immediate Release: Vermont Senate Passes Amended Death with Dignity Bill

Contact: Peg Sandeen, MSW, Executive Director
              Death with Dignity National Center
              503-228-4415
              psandeen@deathwithdignity.org

The Vermont legislature is in a position to enact historic legislation in the next few days. Should the Vermont House vote to concur with a Senate amendment passed on Wednesday, May 8, Vermont will become the first state in the nation to pass a Death with Dignity law through the legislative process.

The bill has had a difficult journey to passage and faces two more hurdles: the above-mentioned House concurrence and signature by the Governor. In past statements, Vermont Governor Peter Shumlin has promised to sign carefully-safeguarded Death with Dignity legislation, and he issued the following statement today:

I understand the deep convictions held by Vermonters on all sides of this extraordinarily personal issue. But I also know how important it is for those who face terminal illness and tremendous pain to have this choice, in conjunction with their physicians and loved ones, in the final days of their lives. I am grateful for the Legislature’s continued hard work on this difficult issue.

Legislative committees have heard days of emotional testimony from opponents and supporters, including Ann Jackson, former Executive Director of the Oregon Hospice Association and George Eighmey, who helped terminally ill Oregonians navigate the Oregon’s Death with Dignity law for 12 years. Lawmakers themselves participated in days of debate and several rounds of voting. The House concurrence vote, likely to occur in the next few days, will be the bill’s second trip to the House this year.

In fact, legislators have been exploring this issue since 2003 in the Green Mountain State, when a bill entitled the Vermont Death with Dignity Act was introduced by 38 sponsors in the House and 8 members in the Senate. According to Peg Sandeen, Executive Director of the Death with Dignity National Center, “We are so pleased that legislators in Vermont have taken another bold step toward expanding end-of-life options for terminally ill Vermonters. We have been committed to policy reform efforts in Vermont for over 10 years, and we are proud to partner with the dedicated individuals involved in Patient Choices Vermont.”

As with any legislation, there are no guarantees the House will support the Senate’s version of the proposed law. Sandeen added, “While there are no promises nor guarantees when it comes to the legislative process, our research shows Vermont has led the nation on improving indoor air quality, marriage equality, prescription drug access and Medicaid reform, we believe Vermont will take the lead on end-of-life care reform, also.” Should the Vermont House concur with the Senate version of the bill, Vermont will become the third state in the US, following Oregon and Washington, with a carefully-safeguarded law allowing terminally ill and mentally competent adults to hasten their deaths.

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Vermont House Passes Death with Dignity

VT Statehouse, photo by Mark Danielson on flickr
VT Statehouse, photo by Mark Danielson on flickr

Vermont took another step toward allowing terminally ill people to decide the manner and timing of their deaths through a safeguarded process. Today, the Vermont House approved a bill emulating the time-tested Oregon and Washington Death with Dignity Acts by a vote of 81-64. The path has been a long one, and it still has a ways to go before a final version would be presented to Governor Shumlin.

Since its introduction to the full Senate for debate earlier this year, the proposed bill has taken a meandering path. In the Senate, the bill was drastically amended before being approved and sent to the state House. In the House, the Senate bill was introduced and referred to the House Human Services Committee for consideration.

After listening to hours of expert testimony, the committee voted to restore the original bill’s safeguards, bringing it more in line with the existing Death with Dignity laws. Because of the changes to the structure of the bill, the House Judiciary Committee had to go through it with a fine tooth comb to make sure the proposed bill would work with existing Vermont laws.

At the end of last week, the Judiciary Committee had completed its inspection, and approved the bill for consideration by the full House. After a lively floor debate over the course of two days, the House advanced a bill today which differs from the Senate bill. Before a bill can be sent to the Governor, the Senate either needs to agree to the House’s amended bill or request a Committee of Conference made up of House and Senate members to find common ground between the two versions. If a Committee of Conference is assembled, the version they come up with would need to approved by both the Senate and the House before moving to the Governor’s desk.

No doubt about it, the Death with Dignity movement is standing on the precipice of monumental change, and we’ll be there every step of the way until all terminally ill Americans have the right to a dignified death. Thank you for your support.

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Vermont House Human Services Committee Advances Death with Dignity

All the recent legislative activity surrounding Death with Dignity shows Americans are ready for a meaningful conversation about how we die. Your support makes it possible for us to work with people throughout the US to advance these discussions.

Some highlights:

  • Vermont: Our partners on the ground are mobilizing citizens to talk to their lawmakers about why these laws are needed. A Death with Dignity bill has already cleared the Senate, and moments ago, the House Human Services Committee voted to advance a bill with safeguards which emulates the time-tested Oregon Death with Dignity Act. The bill now moves to the House Judiciary Committee for consideration, and Judiciary has dedicated this week to hearing testimony on the bill.
  • New Jersey: A bill which would lead to a voter referendum for a Death with Dignity law has been sent to the floor of the House for consideration.
  • New Hampshire: The House advanced a bill to study Death with Dignity laws.

Read more about these & other states >

Stand with us as we make history and lead the way toward real and lasting healthcare policy reform to allow for safeguarded assisted dying. Your tax-deductible gift of $50, $100, or even $500 makes all the difference. Thank you.

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Vermont House Committees Hear Testimony on Death with Dignity Bill

Patient Choices VT Ad "Now--Not in 10 Years"

The proposed Vermont Death with Dignity bill started its journey through the state’s House of Representatives in earnest this week. The bill (Senate Bill 77) took some unusual turns before being approved by the Senate on February 14th of this year. This week, House Judiciary and Human Services committees heard from Senators about the bill’s path in the Senate and end-of-life care experts familiar with the need for safeguards in Death with Dignity laws.

The hearings started on Wednesday with Sen. Claire Ayer explaining the process the bill went through in the Senate. She was followed by many people with extensive knowledge about Death with Dignity laws including Jean Mallary—widow of Vermont Congressman Richard Mallary.

Hearings continued on Thursday and included supportive testimony from several notables: two former governors, Barbara Roberts from Oregon and Madeleine Kunin from Vermont; Harry Chen, Vermont Commissioner of Public Health; George Eighmey, the newest Death with Dignity National Center board member, former Oregon legislator, and former executive director of the Oregon nonprofit which works directly with patients to access the state’s Death with Dignity Act; and respected palliative care physician Diana Barnard.

The hearings this week wrapped up with expert testimony from Ann Jackson who headed up the Oregon Hospice Association when Oregon’s law went into effect and Marnie Wood (featured in Patient Choices’ Ad available on their website) whose sister used Oregon’s law.

Next up: a public hearing on Tuesday, April 16th. Stay up-to-date through our blog and on social media through Facebook and Twitter.

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New England Journal of Medicine Looks at Washington’s Death with Dignity Act

Dr. Remmel with his sons, photo provided to NBC News by Grace Wang
Dr. Remmel with his sons, photo provided to NBC News by Grace Wang

When Washington’s Death with Dignity Act took effect in 2009, medical groups throughout the state took the law’s built-in safeguards as a guide for formulating their own internal policies for honoring their terminally ill patients’ new legal rights. One of these institutions, the Seattle Cancer Care Alliance, just published an analysis of their experience with patients who requested the prescribed medication in the New England Journal of Medicine. Their conclusion: “Overall, our Death with Dignity program has been well accepted by patients and clinicians.”

Echoing what we’ve seen through the Washington Department of Health’s annual reports of usage, this study found the law is used by a small minority of the clinic’s patients and “patients and families were grateful to receive the lethal prescription, whether it was used or not.”

The 114 patients involved in the study inquired about the clinic’s Death with Dignity program between March 5, 2009, and December 31, 2011. Among these patients, 74 either decided not to start the request process or started the process and didn’t complete it. Of the 40 terminally ill people who did receive the medication, 60% of them died after ingesting the medication. One of these people was Dr. Ethan Remmel, whom I had the privilege of working with toward the end of his life in 2011. He was a truly giving and generous individual I’m pleased to have known, and I’m so happy his life is being honored and celebrated in conjunction with this study.

In one of the many news stories about this study, Dr. Elizabeth Loggers, an oncologist and the center’s medical director for palliative care, got to the heart of why the center developed a policy to honor patient’s wishes under Washington’s law stating, “You can’t be an oncologist for very long without honestly facing the fact that not everyone can be cured of their cancer. In this situation, you are ethically obligated to provide exceptional care for people who are dying of their illness.”

In addition to the safeguards already written into the Washington and Oregon Death with Dignity Acts, the Seattle Cancer Care Alliance additionally stipulated only current patients of the clinic could request the prescribed medication, a social worker at the clinic is assigned to each person who requests the medication, and the patients were required to sign an agreement stating they won’t ingest the medication in a public space.

The wide news coverage of this study is encouraging. It further demonstrates the conversation about how we die and the necessity for Death with Dignity Acts are growing on a national scale. All of us here at the Death with Dignity National Center are excited to be such an integral part of these discussions.

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Death with Dignity was Booth Gardner and Blair Butterworth’s legacy

Christian Sniderman
Christian Sniderman

Christian Sinderman is a political consultant based in Seattle, Washington who’s worked on campaigns for former Gov. Chris Gregoire, Gov. Jay Inslee and other transportation and education measures. This article originally appeared in the Seattle Times, and it’s republished with permission.

Last month, Washington lost two important, provocative voices. Former Gov. Booth Gardner, a public figure and master of the understatement, succumbed to a decadelong battle with Parkinson’s disease. Democratic strategist Blair Butterworth, a behind-the-scenes figure and master of bombast lost a tragic battle with cancer.

Each sought different paths to make a lasting mark on our political landscape. Booth served as governor for two terms; Blair helped elect two governors. Booth quietly shaped public opinion; Blair launched expletive-laden rants to bend political will. They united in 2008 to seek passage of Initiative 1000, which codified Washington’s Death With Dignity Act.

Both men passed within weeks of one another, almost four years to the date of the law taking effect. Blair used the law they fought to pass.

The law stands as a testament to Booth’s inspiring perseverance—taking on a statewide campaign while suffering the daily challenges of Parkinson’s—and Blair’s iconoclastic determination to vanquish the opponents of ultimate self-determination.

Working with these two men, whom I considered friends and mentors, was an honor for me, a testament shared by others on the campaign. Unlike many campaigns, this one was personal. For Booth, his passion was shaped by personal journey into disease and loss of autonomy. Blair told a harrowing story of a grandparent in England who suffered needlessly, and expressed his own concerns for end-of-life options. For me, it was seeing a beloved grandfather slip into depression, and ultimately, suicide at the hands of slow-burn cancer.

That a life lived with dignity and pride can devolve into fear and dependence is a concern shared by many. Initiative 1000 was approved by a healthy majority of Washington voters, although we remain one of only two states where the end-of-life choices are legal.

I-1000 was in many ways a bookend to careers that spanned decades and impacted lives at every age. After all, what is the point of a death with dignity if life isn’t lived to its fullest potential?

In addition to a passionate devotion to their own children, Booth and Blair were dedicated to success for every Washington child. Booth was an education governor who delivered more than rhetoric. Blair’s final campaign was the February 2013 passage of the Seattle schools levy—the last of many levies he worked to pass to assure quality education and opportunity in communities across the state.

I never got to know Booth as a healthy man. By the time we met during Maria Cantwell’s 2000 U.S. Senate campaign he was already suffering the impacts of early-onset Parkinson’s, but that didn’t stop him from being an active and engaged participant, strategist and needed calming force.

We became fast friends. He had a lifetime of easy, engaging social relationships to draw from but still made room for new people.

Blair was a harder nut to crack, but over cocktails he would share incredible stories of growing up overseas, his early Peace Corps work and the kids in Africa he supported decades later through a library named in his honor.

The lessons both men leave the people currently serving in the spotlight, and shadows, of public life are clear: Act with conviction, courage and compassion. Focus on the people whose lives stand to benefit from our actions. Oh, and don’t forget to have a little fun in the process.

Since leaders like Booth and Blair started their path more than 30 years ago, Washington has grown tremendously, but we remain a state where ideas matter, where innovation is embraced, and where good ideas, applied with charm or profanity, can achieve acceptance.

Ultimately, it was this universal belief in human dignity and self-determination that drove both men. Their lives are a reminder that in politics and public life, it is more about winning and losing, it’s about the legacy you leave behind.

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Vermont Senate to Debate Death with Dignity

Sen. Ayer responding to questions, photo by Kirk Carpezza of VPR
Sen. Ayer responding to questions, photo by Kirk Carpezza of VPR

After hours of discussion today, the Vermont Senate voted 17-13 to allow debate on the proposed Death with Dignity bill (Senate Bill 77) in spite of the Judiciary Committee’s recommendation to the contrary. Debate on the bill will take place tomorrow at 1:30 pm ET. You can listen to the proceedings live on Vermont Public Radio. If you can’t listen in, they’ll likely also blog about it live like they did today.

Senators who support and oppose the bill questioned the chairs of the two committees which heard testimony on the bill, Health and Human Services and the Judiciary, with most of the questions directed at Senator Claire Ayer, the chair of Health and Human Services. She deftly and politely responded to many opponents baseless claims and assertions and presented the facts available from 15 years of data on Oregon’s Death with Dignity Act.

One of my favorite sequences was when Senator Dick McCormack spoke about why this new law is necessary. From his impassioned speech: “Under present law, the person does not get to make their own decision. I don’t want other people’s bishops making that decision for me. I want to make my own decisions.”

The national conversation around Death with Dignity laws is undergoing a major shift right now. In addition to these exciting developments in Vermont, the New Jersey Assembly Health and Senior Services Committee recently heard testimony on a proposed bill and decided to move the bill to the full Assembly for debate, and the Montana Senate Judiciary Committee heard testimony on a proposed law yesterday. We’ll continue to keep you up-to-date with these and other legislative actions.

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New Jersey Assembly Committee Clears Death with Dignity Bill

Claudia Burzichelli, photo by Patti Sapone of The Star-Ledger
Claudia Burzichelli, photo by Patti Sapone of The Star-Ledger

After hearing two hours of testimony, the New Jersey Assembly Health and Senior Services Committee voted to move the proposed Death with Dignity bill to the full Assembly for a vote. Assembly Bill 3328, introduced by Representative John Burzichelli, would send a law emulating the Oregon and Washington Death with Dignity Acts to the voters of New Jersey.

Among the people testifying in favor of the bill was Claudia Burzichelli, the sister-in-law of Representative Burzichelli, who told the Assembly about family members who would have benefited from the proposed law. Then 18 months ago, she learned she too has a terminal illness, stage 4 lung cancer. She floored the committee with her testimony:

On the days when I have struggled to breathe or think about the stresses on my family, I would hope I might have more options than starving myself or taking my life in a violent way. I don’t know how I will truly feel if and when that time may come. But it comforts me there could be a another way, other options. I hope New Jersey will become a state that gives respect and dignity to those who are dying.

We too hope New Jersey will follow Oregon’s and Washington’s lead and enact the proposed Death with Dignity legislation to allow more end-of-life options. People in all states should have the freedom to decide what’s best for them when they’re dying.

Of the 11 members on the committee, seven voted for it, two against, and two members abstained from voting. Keep up-to-date with this and other legislative efforts to expand end-of-life options on our legislative updates page.

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Vermont Senate Committee Endorses Death with Dignity

Oregon hospice expert Ann Jackson testifying in Vermont.
OR hospice expert Ann Jackson testifying in VT. Photo care of PCV.

After hearing hours of heartfelt testimony throughout the week, the Vermont Senate Health and Welfare Committee endorsed the Death with Dignity bill to move forward today.

The bill will now be referred to the Senate Judiciary Committee for consideration. The Judiciary Committee will decide whether or not to allow the bill to move to the Senate floor for debate. According to news reports, the decision is expected to take place the week of February 11th.

Social movements like Death with Dignity are slow, ponderous behemoths, which seem to unexpectedly speed up. For 12 years, dedicated advocates in Vermont have been working toward enacting the first Death with Dignity law through the legislative process. And after a somewhat quiet period of building support, the last two years have seen major steps forward for the state. All the years of hard work are now coming to fruition at a rapid pace.

It’s an exciting time for Death with Dignity, and we look forward to keeping you up to date with these and other states’ legislative developments.

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