E N D
1. An Analysis of Nine Years of Physician-Assisted Suicide in Oregon Jerome R. Wernow Ph.D., R.Ph.
Director
ncb@teleport.com
2. Re-visit Take Away Point The stories used to give meaning to a persons life are the stories used to give meaning to a persons health.
3. Human B/b-eing
4. Defining As Good As It Gets
5. Personal Story Heavily invested in opposition 1994-1999
Researched
Published academically
Provided legal testimony federal court
Crafted legislative safeguards
Personal ALS and brain cancer contacts
Became uninterested after 2000
6. Approach What was asserted by opponents
What was asserted by proponents
What is the practice found in the reports
7. Opponents of PAS Pills dont work
Doctors cant predict
Mental Health consultation not required
Falsified records Not family friendly
Killing without consent
Duty to die
Terminally ill fear assisted suicide
Unnecessary Law
8. Proponents for Physician Assisted Suicide Support from people and physicians
Improves care of the terminally ill
Increases death at home not hospitals
Increases pain care
Increases end-of-life care for uninsured
9. Physician Assisted Suicide Deaths 1998-2006
10. Death with Dignity Act of 1994 Allows terminally ill adult Oregon residents voluntary informed choice to obtain physicians prescription for drugs to end life.
11. Pills Dont Work
12. Myth and Fact Myth: Dutch researcher warns of 25 % lingering deaths Keefe, Mark, Oregonian
Fact: About 4% fail in Holland (Kimsma)
Fact: Dutch lethally inject after 6 hours to end oral administration failure and lingering death
13. Drugs of Choice Secobarbital used 136 (47%)
Pentobarbital used 152 (52%)
14. Oregon Statute Nothing in this Act shall be construed to authorize a physician or any other person to end a patients life by lethal injection, mercy killing, or active euthanasia.
15. Onset, Peak, and Duration of Activity Secobarbital
Onset 10-15 minutes
Peak activity 15 min
Duration 3-4 hours (v)
Pentobarbital
Onset 20-60 minutes
Peak activity 15 min
Duration 3-4 hours (v)
16. Netherlands Standard Intravenous route preferred
IV solution used orally sodium pento- or secobarbital 100 ml solution
If patient fails to ingest entire solution or lingers more than 5 hours, administer pancuronium or vecuronium bromide 20 mg intravenously
17. Ingestion to Death(Health division report) Median Time: 25 minutes (n=232)
Range: 4 minutes-48 hours (n=232)
Greater than 6 hrs: 14 (n=232)
Unknown: 17 (232/249 = 7.1%)
18. Ingestion time until Death
19. Pills Dont Work? Seem to work in about 94 out 100 cases
Question arises regarding accuracy of positive outcome due to hard to access data (59% gives no info on timing)
Is 5-6% failure medically acceptable standard?
20. Failures Approximately six percent known*
21. Doctors cant Predict
22. Oregon Statute diagnosed with a terminal illness that will lead to death within six (6) months
23. First Request until Death Median: 42 days
Range: 15 days-1009 days
24. First Request until Death
25. Doctors Seem to Predict Median suggests longevity is predictable
Question revolves around skewing of data
Unable to determine longevity of those using PAS
Unable to weight significance of outlying data without more detail
26. Mental Health consultation not required
27. Capacity And Volition Requirements 127.815 3.01 (d) Refer the patient to a consulting physician for medical confirmation of the diagnosis, and for a determination that the patient is capable and acting voluntarily;
127.815 3.01 (e) Refer the patient for counseling if appropriate pursuant to ORS 127.825;
28. Mental Consult Requirements If in the opinion of the attending physician or the consulting physician a patient may be suffering from a psychiatric or psychological disorder or depression causing impaired judgment, either physician shall refer the patient for counseling. No medication to end a patients life in a humane and dignified manner shall be prescribed until the person performing the counseling determines that the patient is not suffering from a psychiatric or psychological disorder or depression causing impaired judgment.
[OR127.825 3.03. Counseling referral 1995 c.3 3.03; 1999 c.423 4]
29. Informed Consent Requirements 127.830 3.04. Informed decision. he or she has made an informed decision as defined in ORS 127.800 (7).
based on an appreciation of the relevant facts and after being fully informed by the attending physician
30. Number of Mental Evaluations
31. Mental Health Referrals Thirteen percent (36/292) of the patients committing suicide were referred for mental health evaluations
32. Mental Health ReferralsPercent
33. Physician-Patient Relationship
34. Hospice Care Median: 86%
35. End of Life Concerns 87% Loss of Autonomy
87% Loss of Pleasure
80% Loss of Dignity
57% Loss of Bodily Control
38% Burden on Family
26% Pain Control
2% Finance
36. Mental Health consultation not required - analysis Clear decrease in psych referrals
Difficult to determine significance of minimal physician-patient contact
Psych-socials in hospice care may diminish referral for psych evaluation
Rationale is subjective and narrative based
37. Cheney Case of Portland Female 85 y/o
Dx terminal cancer
Alzheimers dementia
Psychiatric-diagnosed diminished capacity
MD recommended against PAS
Patient accepted MD advice Daughter objected
Asserted mothers desire for PAS
2nd Psych consult found diminished capacity
Concerned about familial pressure
Psychologist still determined pt. competent
38. Falsified Records Issue
39. Reporting Requirements ORS127.865 3.11 (b) The department shall require any health care provider upon dispensing medication pursuant to ORS 127.800 to 127.897 to file a copy of the dispensing record with the department.
40. Reporting Requirements (1) To comply with ORS 127.865(2), within seven calendar days of writing a prescription for medication to end the life of a qualified patient the attending physician shall send the following completed, signed and dated documentation by mail to the State Registrar, Center for Health Statistics, (6 forms)
41. Reporting Requirements (3) To comply with ORS 127.865(1)(b), within 10 calendar days of dispensing medication pursuant to the Death with Dignity Act, the dispensing health care provider shall file a copy of the "Pharmacy Dispensing Record Form" prescribed by the Department with the State Registrar, Center for Health Statistics,
(ORS 333-009-0010 )
42. Reporting Requirements (2) Within 10 calendar days of a patient's ingestion of lethal medication obtained pursuant to the Act, or death from any other cause, whichever comes first, the attending physician shall complete the "Oregon Death with Dignity Act Attending Physician Interview" form prescribed by the Department.
43. Prescriptions cp Deaths
44. Reporting Issues
45. Reporting Issues Cannot detect or collect data on issues of noncompliance with any accuracy OHD, 1999
Needed: comparison of DEA records detailing (1) Pento- and Secobarbital sold with (2) Pento- with (3) Secobarbitol dispensed with number of OHD reporting forms
BME reports apparent good faith compliance of 100%
46. Killing without consent Board of Medical examiners have only pursued one case
Associated Press raised one other
Occurrences seems rare
Likelihood of prosecution unclear
47. Active Involuntary Euthanasia March 1996 78 y/o transported to hospital, intubated, unresponsive
Dx: subarachnoid hemorrhage by Patients MD (6 years) with consult
Prognosis for recovery poor
Daughter and MD concurred W/D and W/H tx
Extubated, Morphine, Valium ordered prn for comfort
Morphine 5-10mg and diazepam 5-10 mg given q 5-10 minutes for 2 hr, no evidence of discomfort
Magnet applied to pacemaker
Succinylcholine 100 mg given causing death
48. Legal Proceedings Venue changed to Lane County
District attorney very difficult to get a conviction for homicide
Injustice to incarcerate
Does not need to be on probation
BME 2 month suspension and $6,371 fine enough, charges dropped
BME MD motive misguided
49. Four nursing home deaths Allegation of morphine overdosing
Nurse determined mentally unstable and unfit for practice
Nursing home fined $6,000
Grand Jury refused to indict RN
50. Terminally ill fear assisted suicide
51. 2005 Gallup Poll When asked if doctors should be allowed to end the life of a patient who is suffering from incurable disease and wants to die "75 percent of respondents said yes
When asked if doctors should help a patient commit suicide under the same circumstances, only 58 percent said yes
52. By using Orwellian doublespeak we might be letting ourselves in for procedures and conclusions which we do not fully comprehend at the time of decision-making. On the other hand, perhaps euphemisms allow people to come to grips with brutal facts which, stated another way, would be repugnant.
53. Compassion & Choices* Suicide is Inaccurate,
Biased Term to Describe
Terminally-Ill Patients
End-of-Life Choices
(Press Kit Statement)
54. Language Games Compassion & Choices made its case in an Aug. 22 letter to state official that said "physician-assisted suicide" "is value-laden and negatively biased language that perpetuates misunderstanding of Oregon law and policy."
55. The Oregon Department of Human Services (DHS) C & C first sent a formal request to the state agency, suggesting that the terms aid-in-dying, directed dying, or assisted dying be used in official state reports
brought lawyers to a meeting with the DHS to discuss the language substitution
implied that, if it were not made, litigation might follow
56. The Oregon Public Health Division Calling it "physician-assisted suicide" was "perhaps a mistake we made years ago," given the language of the law, said Dr. Katrina Hedberg, public health physician with the state Public Health Division who helps compile the annual report. But "physician-assisted death" didn't quite work either.
The state's Web pages and subsequent annual reports will refer only to the Death with Dignity Act.
57. American Public Health Association Urges health educators, policy-makers, journalists and health care providers to recognize that the choice of a mentally competent, terminally ill person to choose to self-administer medications to bring about a peaceful death is not "suicide," nor is the prescribing of such medication by a physician "assisted suicide." Urges terms such as "aid-in-dying" or "patient-directed dying" be used to describe such a choice.
58. American Academy of Hospice and Palliative Medicine Position Statement Physician-assisted Death (PAD) is utilized in this document with the belief that it captures the essence of the process in a more accurately descriptive fashion than the more emotionally charged designation Physician-assisted Suicide.
59. Terminally ill fear assisted suicide Roper Poll showed euphemisms work where clear disclosure is less effective
Gallup Poll demonstrates similar finding
Acknowledged as valid by leading medicide advocates Humphrey and Smith
Politically savvy, medically imprudent
60. Unnecessary Law? 7 % covert practice before law
Unwillingness to prosecute
61. Conclusion for Oregon Meaningful data collection
Select committee of proponents and opponents to weigh data and submit report
Maintenance of confidentiality
Drop the euphemisms
62. The Take Away Point The stories used to give meaning to a persons life are the stories used to give meaning to a persons health.
63. Two Different Stories Troy Thompson
ALS
Storied in faith community & family
Committed Christian
Greatly valued Gods will
Died with help of hospice palliation
Patrick Matheny
ALS
Storied in family
Rugged individualist
Greatly valued autonomy
Difficulty swallowing lethal draught
Brother-in-law helped die
64. Final Take Away In which ghost story do you believe?