Rising Against Resistance: Advancing Medical Aid in Dying Across the Nation

April Note From the President and CEO

by Kim Callinan
Apr 29, 2024 april 2024 newsletter Kim Callinan Kim Callinan author newsletter

Frederick Douglass once declared, "If there is no struggle, there is no progress." This profound insight resonates deeply as we navigate the complex judicial, political and legislative landscape that impacts end-of-life care. Recent U.S. Supreme Court decisions have increasingly favored corporate and providers' rights at the expense of patients. Lawmakers in four out of five states have succumbed to the influence of well-funded religious fundamentalists, leaving terminally ill people without access to medical aid in dying. Even in states where medical aid in dying is permitted, patients still face regulatory requirements that unnecessarily block access, judicial decisions that allow providers to withhold crucial information from patients and an outdated federal law that makes medical aid in dying unaffordable to some and inequitable.

Furthermore, our opposition, bolstered by vast financial resources, remains relentless in its efforts to erode and obstruct the progress we have achieved. In California, our recent legal victory was swiftly met with an appeal, plunging the state's medical aid-in-dying law back into legal uncertainty. West Virginia's House Joint Resolution 28 seeks to amend the state constitution to outlaw “assisted suicide,” asking voters to vote on a measure presented with biased and misleading language. Meanwhile, in Illinois, the State Medical Society's reversal of its stance on medical aid in dying illustrates how gains can be quickly undone, even amid aggressive advocacy efforts.

In the end-of-life movement, we certainly face our struggles. Yet, with the power of the people — and the morality of our position — we have achieved and continue to make significant progress. Every year since 2015, we have successfully enacted or improved medical aid-in-dying legislation in at least one state. This year, pending Gov. Jared Polis' approval, Colorado will implement crucial improvements to its End-of-Life Options Act, including reducing the waiting period from 15 to seven days, permitting providers to waive it and allowing advanced practice registered nurses (APRNs) to support patients in accessing the option. If enacted, Colorado will become the seventh state to enhance the model medical aid-in-dying legislation first implemented in Oregon in 1997, providing more robust evidence to lawmakers in not-yet-authorized states that such laws must find an appropriate balance between regulatory requirements and patient access. 

Last week, at the federal level, the introduction of the Patient Access to End of Life Care Act by Rep. Brittany Petterson marked a critical stride toward overturning the Assisted Suicide Funding Restriction Act. This antiquated legislation, which was implemented in 1997 just after the Oregon Death with Dignity law went into effect, prevents federal funding from being used to pay for medical aid in dying. Although overcoming this barrier will be a lengthy endeavor, it is an essential step toward rectifying inequities and integrating medical aid in dying into standard medical care.

As this legislative session unfolds, we have already achieved significant progress in bringing medical aid in dying to more states. Michigan and Illinois introduced medical aid-in-dying legislation. Similar legislation in Delaware, Massachusetts, Minnesota, New Hampshire and Virginia advanced further than in previous sessions. And in New Hampshire, for the first time, medical aid in dying advanced through a Republican-controlled chamber with the support of 35(!) Republicans. Our efforts continue unabated with ongoing legislative sessions in several states — including Delaware, Illinois, Massachusetts, Michigan, Minnesota, New Hampshire and New York.