Thursday, February 8, 2018

Update: Touted Safeguards Are Neutralized; Unenforceable

Margaret Dore
By Margaret Dore, Esq., MBA

HB 2739 seeks to legalize assisted suicide and euthanasia as those terms are traditionally defined. The bill also promotes itself as having “robust" safeguards.[1] Indeed, the bill goes so far as to say that its "rigorous safeguards would be the strongest of any state in the nation and will thoroughly protect patients and their loved ones from any potential abuse."[2]

The purported safeguards are enumerated and include that the attending provider “shall” refer the patient to a consulting provider, and that the attending provider “shall” offer the patient an opportunity to rescind the lethal dose request.[3]

The bill, however, also says that the attending provider is merely to ensure that all “appropriate” steps are carried out, and that the provider is held to an “accordance” standard. The bill, 
§ 4, states:

The attending provider shall: . . .
(11) Ensure that all appropriate steps are carried out in accordance with this chapter . . . .  (Emphasis added).[4]
The bill does not define "appropriate" or “accordance.”[5] Dictionary definitions of appropriate include "suitable or fitting."[6] Dictionary definitions of accordance include “in the spirit of,” meaning “in thought or intention.”[7] 

With these definitions, the attending provider’s mere view of what is "suitable or fitting" is enough for safeguard compliance. The provider's mere "thought or intention" is similarly sufficient. The touted safeguards are thus neutralized to whatever an attending provider happens to feel is appropriate and/or had a thought or intention to do. They are unenforceable.

Tuesday, July 18, 2017

Thank You Representative Oshiro!

Representative Marcus Oshiro (in green)
This is a belated thank you to Representative Marcus Oshiro, one of the many people instrumental to the defeat of SB 1129, which had sought to legalize assisted suicide and euthanasia in Hawaii.

Representative Oshiro took the lead to make stopping the bill one of his main goals for the legislative session. From my viewpoint, he was a major reason we won in what was also a great team effort. Choice is an Illusion got him a plaque in appreciation.

Friday, July 14, 2017

Assisted Suicide Dealt Another Blow In Hawaii

Attorney General
Douglass S. Chin
http://www.bigislandvideonews.com/2017/07/15/medical-aid-in-dying-dealt-another-blow-in-hawaii/

ARTICLE SUMMARY- They failed at the legislature this year, and now a court dismissed a lawsuit, but advocates have not given up.

(BIVN) – An Oahu circuit judge on Friday dismissed a lawsuit asking the court to prevent existing Hawaii criminal laws from being applied to medical aid in dying [assisted suicide] practices.

In its decision, the court relied upon state legal precedent that prohibited it from issuing such relief, the state attorney general said in a media release. The attorney general opposed the suit, filing the successful motion to dismiss.

Thursday, March 23, 2017

We Won! (7-0)

Della Au Belatti,
Chair House Health
Committee 
Today, in a drastic turnaround from a lopsided vote in the Hawaii Senate to pass a bill seeking to legalize assisted suicide and euthanasia in Hawaii, the Hawaii House Health Committee unanimously (7-0) recommended that the bill be delayed.

The Committee members agreed that SB 1129 SD 2 has too many problems to go forward at this time. What this means is that the bill is most probably dead for the year.

A great victory due to a team effort.

Special thanks to the Committee members who made it a point to read the bill. Special thanks to the people of Hawaii showing up to outnumber the bill's proponents at least 4 to 1. And special thanks to the people who organized them, you know who you are..

To read a bullet point summary of problems with the bill and why the other side's choice claim is a big fat fib, please click here. To read a legal analysis submitted by Choice is an Illusion, please cliick here.

Thank you again to everyone who participated to make this happen.

You did it!

Margaret Dore, Esq., MBA
Choice is an Illusion, President

Wednesday, March 22, 2017

Vote “No” on SB 1129 SD 2: No Assisted Suicide; No Euthanasia

For more information, click here and here.

Highlights:

• Passing the act will encourage people with years, even decades, to live, to throw away their lives.

• The proposed act is sold as completely voluntary, but doesn’t even have a provision requiring administration of the lethal dose to be voluntary.

• Administration of the lethal dose is allowed to occur in private without a doctor or witness present. If the patient objected or struggled, who would know?

Monday, March 6, 2017

Under SB 1129 SD 2, Patients Lose the Right to Informed Consent

By Margaret Dore, Esq.

Under current Hawaii law, patients making a health care decision have the right to “informed consent.”[1] This includes the right to be supplied with information concerning “recognized alternative treatments” and their “recognized benefits.” Hawaii's Informed Consent Statute, HRS § 671-3(b), states:
The following information shall be supplied to the patient . . . prior to obtaining consent to a proposed medical . . . treatment . . . .
(4) The recognized alternative treatments or procedures, . . .  and . . .
(6) The recognized benefits of the recognized alternative treatments or procedures. (Emphasis added).[1]
Under SB 1129 SD 2, patients instead have the right to an “informed decision.” Instead of having the right to be told of recognized alternative treatments and their benefits, the patient will have the right to be told of “feasible alternatives,” all of which have to do with death and dying. SB 1129 SD 2, § -2, states:

Thursday, March 2, 2017

Legal Assisted Suicide Encourages People With Years to Live to Throw Away Their Lives

Jeanette Hall

The Hawaii Legislature is considering legalizing assisted suicide (Senate Bill 1129 SD1). I am a doctor in Oregon, where assisted suicide is legal.

In 2000, I had a cancer patient named Jeanette Hall who was adamant that she was going to use Oregon’s law. Without treatment, she had a prognosis of six months to a year to live, rendering her “eligible.” I convinced her to be treated instead. Today, 16 years later, she is thrilled to be alive.