NDY Press Release: Not Dead Yet, Second Thoughts To Testify Against New Hampshire Assisted Suicide Bill

[Ed. Note:  For the PRWeb version of this release in pdf format, plus links to John Kelly’s and Stephen Mendelsohn’s testimonies, go here.]

Not Dead Yet’s New England director, John Kelly, will be joining disability rights activists in Concord, New Hampshire on Tuesday, February 4, to testify against HB 1325, an assisted suicide bill. The House Judiciary Committee will be holding a hearing on the bill at 1:30 PM, in Room 208 of the Legislative Office Building.

“HB 1325 is flat out dangerous to the people of New Hampshire and the region,” said Kelly. “This bill recklessly redefines thousands of people with disabilities and chronic conditions as terminal and eligible for assisted suicide.”

Section 13 of the bill defines “terminal” as an “incurable and irreversible condition,” which in a doctor’s opinion “will result in premature death.” Stephen Mendelsohn of Second Thoughts Connecticut wrote in submitted testimony that, “This bill, with its expansive eligibility targeting a wide range of people with long-term disabilities who are nowhere near death, morphs New Hampshire’s honored state motto, ‘Live Free or Die’ into an ableist obscenity: ‘Live Nondisabled or Die.'”

Advocates from the two state Second Thoughts chapters have been resisting assisted suicide initiatives throughout the region. In 2012, Second Thoughts Massachusetts helped stop a ballot question heavily favored to win, and in 2013, Connecticut Second Thoughts routed a bill out of committee.

“HB 1325 recklessly expands the definition of terminal condition to include thousands of New Hampshire residents and endangers just about anyone with a chronic condition,” said Kelly, who also directs Second Thoughts Massachusetts. “It enables a doctor to misdiagnose you as terminal, decide that your depression doesn’t impair your judgment, and give you a prescription on the same day. No suicide prevention, just suicide assistance.”

Kelly emphasized that, under current law, people have the right to refuse or stop medical treatment, including food and water. People also have the right to adequate pain relief, even to the point of sedation if necessary. “What’s clear from Oregon is that pain is not the issue – prescribing doctors report patient concerns are psychological and social factors like physical dependence on others, feeling like a burden,” Kelly said. “Those are disability issues and we have a problem with using these concerns to justify state supported suicide.”

In addition, New Hampshire disability activist Thomas “Woody” Wood will be testifying. Another Massachusetts disability advocate, Bill Allan will testify on behalf of the Disability Policy Consortium, a cross-disability group in Massachusetts that opposed assisted suicide there in 2012.

Canada: Toujours Vivant-Not Dead Yet Release: Bill 52 And Suicide Prevention Week: Deadly Irony

Press Release from Toujours-Vivant-Not Dead Yet:

Bill 52 And Suicide Prevention Week: Deadly Irony

VALLEYFIELD, QC, Feb. 1, 2014 /CNW Telbec/ – While Quebec marks suicide prevention week from February 2-8, disability rights activists believe Bill 52, which would allow euthanasia of ill and disabled people, undermines the public policy of suicide prevention.

“There is a striking contradiction here,” said Amy Hasbrouck, Director of Toujours Vivant-Not Dead Yet.  “As a society we’re saying some people should be prevented from killing themselves, while another group should be killed if they ask for it.”  Hasbrouck believes this difference comes from fear, prejudice and discrimination.  She believes equality for ill and disabled people means that everyone deserves aggressive efforts to prevent their deaths.

The Québec Association for Suicide Prevention has launched its annual awareness campaign “You’re Important to Us” to draw attention to the 1,000 suicides that occur each year in the province.  Living with Dignity, which opposes bill 52, estimates that, within a decade, there could be 600-1,000 additional deaths per year should the euthanasia law be approved in February.

Bill 52 was filed on June 12 of 2013 and would allow passive euthanasia (“continuous palliative sedation”) and active euthanasia (“medical aid in dying”) for Québec residents who have incurable illnesses and physical or psychological suffering.  An amendment to the bill requires that the person be at the “end of life,” though the term is undefined.

“When such ‘benefits’ are only available to a particular group, what does that say about the value that society puts on our lives if we are old, ill or disabled?” she asks.

Hasbrouck notes that, though more than 90% of suicide attempts fail, bill 52 would guarantee such wishes of ill and disabled people would result in death.  “What about the right to cry for help?” she said.

SOURCE Toujours Vivant – Not Dead Yet For further information:Amy Hasbrouck
450-921-3057

The abandonment of chronically ill, disabled and elderly people by suicide prevention organizations isn’t new – certainly not in the U.S.  You can check out these blog posts from 2009 and 2011 for some of what we’ve written on the topic.

You should also check out this recent entry by Wesley J Smith.  Pay attention to the last line – I’m liking his last sentence a lot.  I think many “suicide prevention” organizations could be renamed – legitimately.  I think I want to think about this and play with the concept.  Luckily, brooding is one of my strengths.

New Hampshire Assisted Suicide Bill Redefines “Terminal Condition” Broadly Enough to Make Anyone With a Significant Disability or Chronic Condition Eligible

If the title to this post sounds familiar, it should.  Not for the first time, a “Death With Dignity” bill is being considered by the legislature.  On the face of it, it’s still a bill that would restrict “eligibility” for getting lethal doses in order to commit suicide to people with “terminal conditions.”  But when you get into the actual definition, it’s clear that the sponsors of this bill want “terminal condition” to mean something other than what the rest of us mean.

This comes as no shock.  This expansive bill has been introduced several times by assisted suicide zealots in the New Hampshire legislature over the past few years.  Here’s what I wrote back in 2009 regarding the bill introduced that year – which looks to be identical to one introduced this year:

Definition of “terminal condition”:

XIII. “Terminal condition” means an incurable and irreversible condition, for the end stage of which there is no known treatment which will alter its course to death, and which, in the opinion of the attending physician and consulting physician competent in that disease category, will result in premature death.

Read that definition carefully, terminality is defined as having a condition that is irreversible and will result in a premature death. My partner would fit that definition. Many people I work with also fit the definition.

None of them are dying.

Keep in mind that this definition is to be used only in terms of eligibility for assisted suicide. It doesn’t, for example, apply to hospice services which are limited by federal rules to those who are deemed as having six months or less to live.

So, no guarantee of palliative care for people with significant disabilities or conditions, unless they’re thought to be close to death. That would be expensive.

OTOH, this bill would offer help with easy and successful suicide for anyone with a serious, significant, potentially life-shortening condition/disability at any time at all.

So, no guarantee of medical support to make life easier, but a “hand out” to those who want to die, even if they’re not dying.

I don’t think this can be written off as just sloppy wording. The sponsors involved are legislators, and if we assume competence on their parts, then we can also assume that they are fully aware of the importance of the specific definitions used in a bill when it comes to applying it in the real world as law.

Make no mistake. This bill, if passed, will guarantee an easy suicide to just about any person with diagnoses of quadriplegia, spinal muscular atrophy, HIV/AIDS, and many other conditions disabilities. Nothing to help people who could have many happy years with the right supports – just an easy and cheap out.

There’s a Judiciary Committee hearing on the bill February 4th.  It looks like an attempt to fast track this and not only get a vote that legalizes assisted suicide, but opens the doors to anyone with a significant disability or chronic condition defined as “eligible.”  It looks like we’re in a new “pushing the envelope” phase in the incrementalist/slippery slope strategy of the assisted suicide lobby in the U.S.

Here’s a link to the current bill.

DREDF Urges New Mexico Attorney General to Appeal Lower Court Assisted Suicide Ruling

As our regular readers know, disability rights advocates have already spoken out against the recent New Mexico District Court ruling exempting assisted suicides of people with a “terminal” prognosis from the state law against assisted suicide.  NDY published a blog about the ruling and the Albuquerque Journal carried an op-ed by Marilyn Golden, Senior Policy Analyst with the Disability Rights Education and Defense Fund (DREDF).

Unfortunately, it’s not a foregone conclusion that the New Mexico Attorney General will appeal.  That decision is still pending.  To support that crucial next step, on January 22, NDY sent a letter urging the appeal, mirroring the points made in our blog.

This Tuesday, DREDF sent a letter as well, and gave us permission to share it with you:

Dear Assistant Attorney General Fuqua:

I am writing you today in my capacity as Senior Policy Analyst with the Disability Rights Education & Defense Fund (DREDF), a national disability rights law and policy center that opposes legalization of assisted suicide, to urge you to appeal the Second Judicial District’s ruling in the Morris assisted suicide case.

DREDF is a leading national law and policy organization that advances the civil and human rights of people with disabilities through legal advocacy, training, education, and public policy and legislative development.

We are deeply concerned about the Morris decision allowing so-called “aid-in-dying,” which is really assisted suicide, or as some call it, doctor-prescribed suicide. Our key concerns include:

  • Deadly mix: Assisted suicide is a deadly mix with our profit-driven healthcare system. At $300, assisted suicide will be the cheapest treatment. Assisted suicide saves insurance companies money—even with full implementation of the greatly-needed Affordable Care Act (“Obamacare”).
  • Abuse: Abuse of people with disabilities, and elder abuse, are rising. Not every family is a supportive family! Where assisted suicide is legal, such as in Oregon, an heir or abusive caregiver may steer someone towards assisted suicide, witness the request, pick up the lethal dose, and even give the drug—no witnesses are required at the death, so who would know?
  • Mistakes: Diagnoses of terminal illness are too often wrong, leading people to give up on treatment and lose good years of their lives, where assisted suicide is legal.
  • Careless: Where assisted suicide is legal, no psychological evaluation is required or even recommended. People with a history of depression and suicide attempts have received the lethal drugs.
  • Burden: Financial and emotional pressures can also make people choose death.
  • Unnecessary: Everyone already has the legal right to refuse treatment and get full palliative care, including, if dying in pain, pain-relieving palliative sedation.
  • No true safeguards:  Where assisted suicide is legal, the safeguards are hollow, with no enforcement or investigation authority.
  • Our quality of life underrated: Society often underrates people with disabilities’ quality of life. Will doctors & nurses fully explore our concerns and fight for our full lives? Will we get suicide prevention or suicide assistance?

Truly, if this decision becomes long-standing New Mexico law, some people’s lives will be ended without their consent, through mistakes and abuse. No safeguards have ever been enacted or proposed that can prevent this outcome, which can never be undone.

Please see more information on all these points at:

http://dredf.org/assisted_suicide/statement.html

… and other information at:

http://dredf.org/assisted_suicide/index.shtml

We plead with you to act. The court appears to have only heard from one side. But the vast preponderance of facts lie on the other side.

And please let us know if we can assist you in any way.

Yours sincerely,

Marilyn Golden
Senior Policy Analyst
Disability Rights Education & Defense Fund (DREDF)

More letters are needed.  Please email your own letter, or even just support for ours, to Attorney General Gary King (gking@nmag.gov) and Assistant Attorney General Scott Fuqua (sfuqua@nmag.gov).  And let’s hope that our next step can be an amicus brief to the higher court explaining why the lower court’s platitudes about assisted suicide safeguards don’t cut it in the real world. – Diane Coleman

Guest Blog by W. Carol Cleigh: Not Paying Attention

Anyone who thinks that the so called ‘right-to-die’ isn’t a loaded gun aimed right at the heads of disabled people simply isn’t paying attention. A cursory perusal on-line of such organizations as Compassion & Choices, Ergo and Final Exit Network yield a plethora of examples.

Compassion & Choices has a long-term disabled man demanding the ‘right to die’ on their home page.  His essay states that he is ”a 38-year-old disabled man with a terminal diagnosis of Duchenne Muscular Dystrophy.” From the photograph accompanying the story, he seems to have a power wheelchair and a ventilator. I find it interesting that he calls MD “a terminal diagnosis,” as I have several friends with MD, none of whom consider it terminal.  It is, in fact, a long-term disabling condition caused by a genetic anomaly.

In his article “Farewell to Hemlock: Killed by its name,” on the Ergo site, Derek Humphry says that Hemlock was, “fighting for voluntary euthanasia and physician-assisted suicide to be made legal for terminally and hopelessly ill adults.” Disability activists know that ‘hopelessly ill’ means us.

The other major ‘right to die’ organization in the U.S., Final Exit Network, has the following as the first bullet point in their mission statement:

To work toward obtaining the basic human right of competent adults to choose to end their lives on their own terms when they suffer from irreversible physical illness, intractable pain, or a constellation of chronic, progressive physical disabilities.

Which makes it abundantly clear that they mean us.

Thus it is apparent that these major ‘right-to-die’ organizations are really ‘better-dead-than-disabled’ organizations and that the people that they want the right to get rid of certainly include people with long-term physical disabilities – us.

I have to confess at this point that I, too, had not been paying attention to this for some time.  I’ve been living in my rural paradise and ignoring, to some extent at least, the fact that these organizations have all come out to blatantly target disabled people.  When I was more directly involved in the Jail Jack campaign and other Not Dead Yet activities, the ‘better dead than disabled’ crowd were screening this agenda from the public.  Back then they wanted everyone to believe that it was only for those that were imminently dying and we were a lunatic fringe to feel threatened.  I remember the furor when Faye Girsh, then President of Hemlock Society, came out with a press release stating that nonvoluntary euthanasia for the mentally incompetent and elderly was part of their agenda.  Rather than officially retract the statement, she passed it off (and the national press let her) as ‘unofficial.’  I’m still scratching my head, trying to figure out how a press release on the organization’s letterhead can be ‘unofficial.’ Including non-terminal people with disabilities was controversial then, but my research shows that including us is now accepted within the ‘right-to-die’ lobby. This makes it all the more sinister that they have been changing the law in states like Washington, Vermont and New Mexico and it makes me even more thankful to the dedicated activists from Not Dead Yet and sister organizations that prevented legalization in Massachusetts, Québec and California.

I’ve come back to active status in Not Dead Yet through the issue intruding on my otherwise quiet life. First early last year, a friend told me about another friend of hers who was being systematically starved to death in a nursing home despite being willing and able to feed herself.  Apparently a relative that lives far from here had her put in the nursing home following a heart attack to ‘recover,’ then ordered them not to feed her.  Despite the fact that she’d never been declared incompetent and made her wishes known loudly and often, the nursing home was following the relative’s instructions.  I started preparing for a direct action protest, but also advised my friend that she could and should just get her friend out of there.  “Just take her home,” I advised and if the relative or anyone else showed up, let me know and I’d be there with media.  Her friend lived at home for several more months and eventually died quietly in her own bed.

A second wake-up call occurred when my husband (who is also a wheelchair user) was in a local hospital for a GI issue and the doctor put a DNR (do not resuscitate) order on him without our knowledge or consent! We found out about it when the anesthesiologist for a procedure told us they would be suspending it for the duration of the procedure.  What?  I was livid!  By the time we got back up to the floor following the procedure, the hospital ombudsman had found the doctor and she and I talked.  She claimed that it was a clerical error and that they would not have followed it had he been in crisis because an armband is supposed to accompany the order and he did not have one.  I informed the hospital that I would forgo suing them (for now) only if they reviewed the systems that allowed such a ‘clerical’ error to occur and put in safeguards against it happening again.  I’m still not sure I believe the ‘clerical error’ story, but medical facilities are limited and I’d not like for my sweetheart to be denied services so I’m letting it pass.

The final straw was a Facebook conversation that I had yesterday with an apparently otherwise savvy disabled woman.  She didn’t know what NDY is when I mentioned it, and demanded that I defend the ‘better dead than disabled’ characterization of the ‘right to die’ movement and accused me of ‘beating a drum’ and using her post to do so. However, my research on the ‘better dead than disabled’ movement today has more than justified my statements in that conversation and I definitely stand by them.  I, for one, intend to pay attention, starting now.  I invite all of my sisters and brothers in the disability rights movement to join me.  It’s no exaggeration to say we’re in the fight of our lives. – W. Carol Cleigh