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ten years later:

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The Oregon Death with Dignity Law


The Voice of the People

In the early-1990s, concerned citizens formed Oregon Death with Dignity to write and pass a law that would allow dying patients to control their own end-of-life care. In 1994, Oregonians voted to support Measure 16 -- the Oregon Death with Dignity Act.

Read the Oregon Statute

In partnership with supporters and Death with Dignity National Center in Washington, DC, Oregon Death with Dignity successfully defended the law against numerous legal and political attacks -- including Measure 51 in 1997, two congressional efforts to nullify the law and legal battles in the federal courts.

In 2004, Oregon Death with Dignity merged with Death with Dignity National Center, to build both a powerful bulwark against attacks on the Oregon law and significant resources to help other states pass Oregon-type death with dignity laws.

Between implementation in 1998 and the end of 2005, 246 Oregon patients used the law to hasten their deaths.

In 2006, Death with Dignity National Center successfully defended the Oregon law before the Supreme Court in the 6 to 3 ruling in Gonzales v. Oregon.

Annual Reports
The Oregon Department of Human Services (DHS) monitors and enforces compliance with the Oregon Death with Dignity Law and produces an annual report each spring.

According to the DHS, 38 terminally-ill patients used the Oregon law to hasten their own deaths in 2005. Between implementation in 1998 and the end of 2005, a total of 246 Oregon patients used the law to hasten their deaths.

Year 10 Report

Peg Sandeen, DDNC Executive Director, said: “For the eighth consecutive year, the State’s report demonstrates the great diligence with which Oregonians developed and implemented this law.” Sandeen continued: “The very existence of Oregon’s Death with Dignity law gives comfort and peace of mind to terminally-ill patients at life’s end – regardless of whether or not they choose to use it. Equally encouraging is how the law continues to serve as a catalyst for improvements in care for the dying.”

Click here to read the Oregon Department of Human Services' FAQ about the Oregon law.

The Oregon Death with Dignity Act: A Guidebook for Health Care Professionals, d eveloped by the Task Force to Improve the Care of Terminally-Ill Oregonians.

The Final Months of Life: A Guide to Oregon Resources, also developed by The Task Force to Improve the Care of Terminally Ill Oregonians.

Eligibility
Terminally-ill patients who wish to obtain a lethal prescription under the Oregon law often do so only for peace of mind. Oregon's Department of Human Services provides the required documents and monitors the law's use, but it is up to qualified patients and Oregon-licensed physicians to implement the law.
  • Who can request physician-assisted suicide?
    To use the Oregon law, a patient must be: 18 years of age or older, an Oregon resident, able to make and communicate their own health care decisions, and diagnosed with a terminal illness with six months or less to live. The attending physician must decide whether these criteria have been met.
  • Can a non-Oregonian use the law?
    No. Only patients who establish Oregon residency can use the law if they meet certain criteria.
  • How does a patient establish residency?
    A patient must provide the attending physician proof of Oregon residency. Proof can include an Oregon drivers license, documentary proof that the patient rents or owns Oregon property, an Oregon voter registration, a recent Oregon tax return, etc. The attending physician must decide whether the patient has adequately established residency.
  • How long does it take to establish Oregon residency?
    There is no minimum residency requirement. A patient must simply be able to prove he or she is a current, bona fide Oregon resident.
  • Can a non-resident move to Oregon to use the law?
    The law does not prevent anyone from moving to Oregon. However, reports show that few, if any, patients had moved to Oregon to use the law.

Safeguards
Several safeguards ensure that patients who wish to use the law are protected and in full control of the process. The Oregon law requires that the patient...

  • make two verbal requests -- separated by 15 days -- to the physician,
  • make a written request to the attending physician and the request is witnessed by two individuals who are not primary care givers or family members,
  • is able to rescind the verbal and written requests at any time, and
  • is able to self administer the prescription.

The law further requires that...

  • The attending physician must be Oregon-licensed.
  • The physician's diagnosis must include terminall illness, with six months or less to live.
  • The diagnosis must be certified by a consulting physician, who must also certify that the patient is mentally competent to make and communicate health care decisions.
  • If either physician determines that the patient's judgment is impaired, the patient must be referred for a psychological examination.
  • The attending physician must inform the patient of alternatives, including palliative care, hospice and pain management options.
  • The attending physician must request that the patient notify their next-of-kin of the prescription request.

The Oregon Department of Human Services enforces compliance with the law. Compliance requires physicians to report all lethal prescriptions to the DHS. Physicians and patients who comply with the law are protected from criminal prosecution. Choice of legal physician-assisted dying in Oregon cannot affect the status of a patient's health or life insurance policies. Physicians and health care systems are not obligated to participate in the Oregon Death with Dignity law.

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