Death with Dignity – Not in Maryland Yet
They say the only certain things are death and taxes. And yet, the devil is in the details.
Even for dying. With modern technology, death has become more of a process than a moment. And that final moment can be pushed back, sometimes for weeks, months or even years. This is wonderful when people gain more quality time. But, in some cases, are we prolonging life or just delaying death and in the process, prolonging pain and suffering? This is the question that “Death with Dignity” laws try to address by legalizing a “right to die” and giving people some control over the time and method of their own deaths.
Across the US, five states – California, Colorado, Montana, Vermont, Washington – and the District of Columbia – have some form of a “death with dignity” law.
Though the requirements vary, these laws all basically allow mentally competent adults who have terminal illnesses to obtain medical assistance in dying, generally a prescription for pills that cause them to become drowsy and then die peacefully in their sleep.
Oregon was the first state, implementing a death with dignity law in 1997. California’s "End of Life Option Act" became law in June 2016.
The most recent to join the Death with Dignity states was Hawaii, whose “Our Choice, Our Care Act” passed in 2018 and took effect on January 1, 2019. But it is not always legislation that has made death with dignity legal. In Montana in 2009, the state Supreme Court ruled that physicians could prescribe life-ending medication for terminally-ill patients.
This past January, a death with dignity bill called “The End of Life Option Act” was introduced into the Maryland General Assembly. This was the fourth time that such a bill has been considered in the Maryland legislature. Sponsors were hopeful that it would pass this year.
Back in 1995, the first death with dignity
bill was proposed in Maryland, but it never got out of committee. The next time
was twenty years later in 2015. That bill had 37 co-sponsors in the House with
the Senate version garnering seven co-sponsors. But it never came to a vote. A
revised bill was introduced in 2016, this time with more co-sponsors including 41
in the House and 12 in the Senate. The bill was eventually withdrawn from
consideration when the sponsors felt that it didn’t have enough support to
pass. The 2017 version went the same way — withdrawn for insufficient support.
This year’s bill provoked a very emotion-filled debate in both houses of the Maryland General Assembly. Those in favor spoke eloquently about the unnecessary pain and suffering of family and friends in their final days. Those opposed, including The Maryland Catholic Conference, spoke about the serious possibilities of error or misuse of such bills, especially when money, including medical expenses and inheritances, are factors. There have also been cases where patients deemed terminal have recovered.
The Maryland “The End of Life Option Act” bill almost passed — missing by only one vote. The House version passed in a 74 to 66 vote, with one Republican joining 73 Democrats. Opposing were 25 Democrats and 41 Republicans. The Senate, however, was a tie with 23 for and 23 against. Again, only one Republican voted for the bill. One senator, Obie Patterson of Prince George’s County, was listed as “not voting. By the rules, a bill that is tied is considered as not passing. The sponsors plan to try again next year.
For more information:
The Death with Dignity National Center at https://www.deathwithdignity.org/
Maryland Reporter "End-of-Life Option Act fails in Senate by tie vote "
https://marylandreporter.com/2019/03/28/end-of-life-option-act-fails-in-senate-by-tie-vote/Common Sense for the Eastern Shore
