BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                        SB 128|
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                                   THIRD READING 


          Bill No:  SB 128
          Author:   Wolk (D) and Monning (D), et al.
          Amended:  6/1/15  
          Vote:     21  

           SENATE HEALTH COMMITTEE:  6-2, 3/25/15
           AYES:  Hernandez, Hall, Mitchell, Monning, Roth, Wolk
           NOES:  Nguyen, Nielsen
           NO VOTE RECORDED:  Pan

           SENATE JUDICIARY COMMITTEE:  5-2, 4/7/15
           AYES:  Jackson, Hertzberg, Leno, Monning, Wieckowski
           NOES:  Vidak, Anderson

           SENATE APPROPRIATIONS COMMITTEE:  5-2, 5/28/15
           AYES:  Lara, Beall, Hill, Leyva, Mendoza
           NOES:  Bates, Nielsen

           SUBJECT:   End of life


          SOURCE:    Author


          DIGEST:  This bill permits a qualified adult with capacity to  
          make medical decisions, who has been diagnosed with a terminal  
          disease to receive a prescription for an aid in dying drug if  
          certain conditions are met, such as two oral requests, a minimum  
          of 15 days apart and a signed written request witnessed by two  
          individuals is provided to his or her attending physician, the  
          attending physician refers the patient to an independent,  
          consulting physician to confirm diagnosis and capacity of the  
          patient to make medical decisions, and the attending physician  
          refers the patient for a mental health specialist assessment if  
          there are indications of a mental disorder.  This bill protects  








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          a person from civil, criminal, administrative, employment, or  
          contractual liability, or professional disciplinary action, for  
          participating in good faith compliance with this bill.  This  
          bill permits a person or entity that elects, for reasons of  
          conscience, morality, or ethics, not to engage in activities  
          authorized pursuant to this bill.  This bill makes it a felony  
          to knowingly alter or forge a request for a drug to end an  
          individual's life without his or her authorization or concealing  
          or destroying a withdrawal or a rescission of a request for an  
          aid in dying drug if the act is done with the intent or effect  
          of causing the individual's death.  This bill makes it a felony  
          to knowingly coerce or exert undue influence on an individual to  
          request an aid in dying drug for the purpose of ending his or  
          her life.




          Senate Floor Amendments of 6/1/15 revise the definition of  
          "self-administer," and permit an interpreter to be present  
          during the private discussion when the attending physician  
          confirms that a qualified individual's request does not arise  
          from coercion or undue influence by another person.  Require the  
          mental health specialist to examine the qualified individual and  
          his or her relevant medical records; determine that the  
          individual has mental capacity to make medication decisions, act  
          voluntarily and make informed decisions; determine that the  
          individual is not suffering from impaired judgment due to a  
          mental disorder; and fulfill the record document requirements.  
          Permit a person or entity that elects, for reasons of  
          conscience, morality, or ethics, not to engage in activities  
          authorized pursuant to this bill and states that a person is not  
          required to take any action in support of an individual's  
          decision under this bill. Protect a health care provider from  
          civil, criminal, administrative, disciplinary, employment,  
          credentialing, professional discipline, contractual liability or  
          medical staff action, sanction, or penalty or other liability  
          for refusing to participate in activities authorized under the  
          End of Life Option Act, including but not limited to, refusing  
          to inform a patient regarding his or her rights under the End of  
          Life Option Act, and not referring an individual to a physician  
          who participates in activities authorized under the End of Life  








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          Option Act.


          ANALYSIS:   


          Existing law:


           1) Establishes requirements on a health care provider when a  
             provider makes a diagnosis that a patient has a terminal  
             illness, including that the patient has a right to  
             comprehensive information and counseling regarding legal end  
             of life options.


           2) Provides that a person who has the capacity to give informed  
             consent to a proposed medical treatment also has the capacity  
             to refuse consent to that treatment.

           3) Makes it a felony to deliberately aid, or advise, or  
             encourage another to commit suicide.

          This bill:

           1) Permits a qualified individual with capacity to make medical  
             decisions, as defined, who is an adult with a terminal  
             disease diagnosis to make a request to receive a prescription  
             for an aid in dying drug if all of the following conditions  
             are satisfied:

              a)    The attending physician has diagnosed the individual  
                with a terminal disease;

              b)    The individual has voluntarily expressed the wish to  
                receive a prescription for an aid in dying drug;

              c)    The individual is a resident of California and is able  
                to establish residency, as specified; and

              d)    The individual documents his or her request for an aid  
                in dying drug, as specified.








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           2) Prohibits a request for an aid in dying drug made on behalf  
             of a patient through a power of attorney, an advance health  
             care directive, or a conservator.

           3) Requires a qualified individual wishing to receive a  
             prescription for an aid in dying drug to submit two oral  
             requests, a minimum of 15 days apart, and a witnessed written  
             request, as specified, to his or her attending physician.  

           4) Requires at least two adult witnesses who attest that to the  
             best of their knowledge and belief the individual has  
             capacity to make medical decisions, is acting voluntarily,  
             and is not being coerced to sign the request.  

           5) Permits an individual to rescind his or her request at any  
             time without regard to the individual's mental state.

           6) Requires the attending physician to:

              a)    Make a determination that the requesting adult has  
                capacity to make medical decisions, has a terminal disease  
                diagnosis, has voluntarily made the request, and has the  
                physical and mental ability to self-administer the aid in  
                dying drug.

              b)    Confirm that the individual is making an informed  
                decision and inform the individual of feasible  
                alternatives or additional treatment options including,  
                but not limited to, comfort care, hospice care, palliative  
                care, and pain control.

              c)    Refer the individual to a consulting physician,  
                (defined as a physician who is independent from the  
                attending physician and qualified by specialty or  
                experience to make a professional diagnosis and prognosis  
                regarding the individual's disease), for medical  
                confirmation of the diagnosis, prognosis, and for a  
                determination that the individual has capacity to make  
                medical decisions and has complied with this bill.

              d)    Refer the individual for a mental health specialist  








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                assessment if there are indications of a mental disorder.

              e)    Confirm that the individual's request does not arise  
                from coercion or undue influence by another person by  
                having the discussion outside the presence of any other  
                persons.

              f)    Fulfill the record documentation required by this  
                bill, as specified.

              g)    Complete the End of Life Option Act Checklist and  
                include it in the individual's medical record.

           7) Prohibits a request for a prescription for an aid in dying  
             drug to be made on behalf of the patient, and requires an  
             individual seeking to obtain a prescription for an aid in  
             dying drug to submit all three requests directly to the  
             attending physician and not through a designee.

           8) Invalidates any provision in a contract, will or other  
             agreement executed on or after January 1, 2016, whether  
             written or oral, to the extent the provision would affect  
             whether a person may make, withdraw, or rescind a request for  
             an aid in dying drug.

           9) Prohibits an insurance carrier from providing any  
             information in communications made to an individual about the  
             availability of an aid in dying drug absent a request.   
             Prohibits any communication from including both the denial of  
             treatment and information as to the availability of aid in  
             dying drug coverage.  

           10)Requires participation in activities authorized pursuant to  
             this bill to be voluntary.  Permits a person or entity that  
             elects, for reasons of conscience, morality, or ethics, not  
             to engage in activities authorized pursuant to this bill, and  
             provides that a person or entity is not required to take any  
             action in support of a patient's decision under this bill,  
             except as otherwise required by law.

           11)Authorizes a health care provider to prohibit employees,  
             independent contractors, or other persons or entities, from  








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             participating in activities under this bill while on premises  
             owned or under the management or direct control of the health  
             care provider, as specified.

           12)Makes it a felony to knowingly alter or forge a request for  
             medication to end an individual's life without his or her  
             authorization or concealing or destroying a withdrawal or  
             rescission of a request for an aid in dying drug if the act  
             is done with the intent or effect of causing the individual's  
             death.

           13)Makes it a felony to knowingly coerce or exert undue  
             influence on an individual to request an aid in dying drug  
             for the purpose of ending his or her life or to destroy a  
             withdrawal or rescission of a request.

           14)Provides that nothing in this bill may be construed to  
             authorize a physician or any other person to end an  
             individual's life by lethal injection, mercy killing, or  
             active euthanasia.  Provides that actions taken in accordance  
             with this bill shall not, for any purpose, constitute  
             suicide, assisted suicide, homicide, or elder abuse under the  
             law.

           15)Requires the State Public Health Officer (PHO) to annually  
             review a sample of medical records maintained as required  
             under this bill and adopt regulations establishing reporting  
             requirements for physicians and pharmacists to determine  
             utilization and compliance with this bill.  Requires the PHO  
             to make available to health care providers the End of Life  
             Option Act Checklist by posting it on its Internet Web site.

          Comments

          Author's statement. According to the authors, "the End of Life  
          Option Act would give qualified, terminally ill patients in  
          California, who have been given a prognosis of less than six  
          months to live, the autonomy to exercise ultimate  
          decision-making authority in end of life decisions. By giving  
          these patients the legal right to ask for and receive a lethal  
          prescription from his/her physician, SB 128 would provide one  
          more option to the number of options one has when faced with the  








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          end of life. Furthermore, there are provisions to safeguard  
          patients and to allow voluntary participation by physicians,  
          pharmacists and healthcare facilities. This medical practice is  
          already recognized in five other states. Terminally ill  
          Californians should not have to leave the state in order to have  
          a peaceful death. In the end, how each of us spends the end of  
          our lives is a deeply personal decision. That decision should  
          remain with the individual, as a matter of personal freedom and  
          liberty, without criminalizing those who help to honor our  
          wishes and ease our suffering."

          Other states.  Montana, Oregon, Vermont, and Washington  
          currently allow a person to request medication to end one's  
          life.  In January 2014, New Mexico's authorization was  
          determined in Morris v. New Mexico, however the New Mexico  
          Attorney General has appealed the district court's ruling.   
          According to the Albuquerque Journal News, a decision is not  
          expected for several months.  

          Other countries.  Belgium, the Netherlands, Luxembourg,  
          Switzerland and, beginning in 2016 Canada, allow physician aid  
          in dying.  The Netherlands and Belgium also allow euthanasia  
          (medication administered by a physician).  Belgium extended its  
          law in 2014 to include children of any age living with terminal  
          illness.  In the Netherlands, the law is not available to  
          children under 12 years old and for teenagers, the law requires  
          parental consent.

          Oregon data.  According to the Oregon Public Health Division  
          2013 report, from 1998 to 2013, 1,173 were prescribed aid with  
          dying medication and 752 deaths occurred as a result of  
          ingesting prescribed medications.  90% of those who ingested the  
          medication were enrolled in hospice.  63% had private insurance,  
          35% had Medicare, Medicaid or other governmental insurance, and  
          less than 2% were uninsured (35 individuals had unknown status).  
           Almost 80% of those who ingested the medication had malignant  
          neoplasms, 7% had Amyotrophic lateral sclerosis, 5% had chronic  
          lower respiratory disease, 2% had heart disease, 1% had HIV/AIDS  
          and 6% had other illnesses.  6% of those who ingested the  
          medication were referred for psychiatric evaluation.  94%  
          informed their family of their decision.  95% died at home, 4%  
          died in long-term care, and .1% died in the hospital.  91% of  








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          those who ingested the medication were concerned about loss of  
          autonomy, 89% were concerned about being less able to engage in  
          activities that make life enjoyable, 81% were concerned about  
          loss of dignity, 50% were concerned about losing bodily  
          function, 40% were concerned about being a burden on family,  
          friends or caregivers, 23% were concerned about inadequate pain  
          control, and 3% were concerned about financial implications of  
          treatment.  There were 22 complications of regurgitation  
          reported and six individuals regained consciousness after  
          ingesting the medications.  A range of between 15 and 1,009 days  
          elapsed from the first request for medication and death.

          Brittany Maynard.  Brittany Maynard was a California native with  
          a terminal brain cancer diagnosis who moved to Oregon to access  
          its death with dignity law.  Brittany Maynard died in Oregon  
          after taking aid in dying drugs on November 1, 2014.  In the  
          final weeks of her life, Ms. Maynard partnered with Compassion  
          and Choices to launch a campaign to make aid in dying an open  
          and accessible medical practice in California and throughout the  
          country.  After moving to Oregon with her family, establishing  
          the residency requirements, and finding new physicians, Ms.  
          Maynard obtained aid in dying drugs. 

          U.S. end of life care.  A 2014 publication of the Institute of  
          Medicine (IOM), called Dying in America: Improving quality and  
          Honoring individual preferences near the end of life, identified  
          persistent major gaps in care near the end of life that require  
          urgent attention.  Understanding and perceptions of death and  
          dying vary considerably across the population and are influenced  
          by culture, socioeconomic status, and education, as well as by  
          misinformation and fear.  Engaging people in defining their own  
          values, goals, and preferences concerning care at the end of  
          life and ensuring that their care team understands their wishes  
          has proven remarkably elusive and challenging.  While the  
          clinical fields of hospice and palliative care have become more  
          established, the number of specialists in these fields is too  
          small, and too few clinicians in primary and specialty fields  
          that entail caring for individuals with advanced serious  
          illnesses are proficient in basic palliative care. Often,  
          clinicians are reluctant to have honest and direct conversations  
          with patients and families about end of life issues.  Patients  
          and families face additional difficulties presented by the  








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          health care system itself, which does not provide adequate  
          financial or organizational support for the kinds of health care  
          and social services that might truly make a difference to them.   
          The IOM committee believes a patient-centered, family-oriented  
          approach to care near the end of life should be a high national  
          priority and that compassionate, affordable, and effective care  
          for these patients is an achievable goal.

          Evidence of problems.  An article published in the Michigan Law  
          Review in June of 2008, referenced by opponents of this bill,  
          examines the Oregon Death with Dignity Act, drawing from case  
          studies and information provided by doctors, families and other  
          care givers.  The article concludes that seemingly reasonable  
          safeguards for the care and protection of terminally ill  
          patients written into the Oregon law are being circumvented.   
          The article indicates that the Oregon Public Health Division  
          does not collect the information it would need to effectively  
          monitor the law.  The article draws on six cases (four with  
          independent information from more than one source, and one with  
          information provided by an opponent of aid in dying and another  
          with information provided by a proponent). Another document  
          provided by the Disability Rights Education and Defense Fund  
          describes a situation where a patient's caretaker was prosecuted  
          by federal investigators for real estate fraud and mistreatment  
          of the patient after his death by physician aid in dying.  This  
          document also describes a situation where a family member helped  
          a patient take the medication rather than through  
          self-administration.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes

          According to the Senate Appropriations Committee:

          1)One-time costs of $265,000 over two years for the development  
            of regulations by the Department of Public Health (DPH)  
            (General Fund).

          2)One-time costs of $90,000 and ongoing costs of $10,000 per  
            year for DPH to develop and operate a secure computer system  
            for tracking patients who have received an aid-in-dying  
            prescription (General Fund).








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          3)Ongoing costs of $235,000 per year for DPH staff to collect  
            data, follow up on prescriptions with prescribing physicians,  
            and prepare the required annual report (General Fund).

          4)Ongoing costs of $275,000 per year for DPH staff to review a  
            sample of the medical records of participating patients, to  
            ensure compliance with the requirements of this bill (General  
            Fund).

          5)One-time costs of $600,000 over two year for the Department of  
            Managed Health Care (DMHC) to develop policies, adopt  
            regulations, and respond to public record requests (Managed  
            Care Fund). This bill does not mandate coverage for  
            aid-in-dying medication by health plans. However, because  
            current law mandates coverage for pain management drugs, DMHC  
            expects to develop regulations to clarify the responsibilities  
            of health plans in this area.

          6)Minor costs to the Medical Board:  The Medical Board would not  
            need to amend or adopt any regulations. The Medical Board  
            estimates that any additional enforcement actions due to this  
            bill would result in minor costs.

          7)Minor costs to the Board of Pharmacy:  The Board of Pharmacy  
            would not need to amend or adopt any regulations. The Board of  
            Pharmacy estimates that any additional enforcement actions due  
            to this bill would result in minor costs.

          8)Minor potential reduction in statewide health care spending  
            (various funds). (See Senate Appropriations Committee analysis  
            for further discussion). 


          SUPPORT:   (Verified5/28/15)


          Insurance Commissioner Dave Jones
          State Controller Betty Yee
          AIDS Healthcare Foundation
          AIDS Project Los Angeles 
          Alameda County Board of Supervisors








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          American Civil Liberties Union of California 
          American Federation of State, County and Municipal Employees,  
          AFL-CIO
          American Medical Student Association 
          American Medical Women's Association
          American Nurses Association, California 
          Bloom in the Desert Ministries United Church of Christ 
          Brownie Mary Democratic Club
          California Church IMPACT
          California Primary Care Association
          California Psychological Association
          California Senior Legislature
          Camarillo Health Care District
          Cardinal Point at Mariner Square Residents' Association
          Cathedral City 
          Cities of Los Angeles, San Jose, Santa Barbara, and West  
          Hollywood
          Civil Rights for Seniors  
           Coastside Democrats
          Compassion & Choices  
           Conference of California Bar Associations
          Congress of California Seniors
          County of Santa Cruz Board of Supervisors
          Death with Dignity National Center
          Democratic Party of Orange County
          Democratic Party of Santa Barbara County
          Democratic Women of Monterey County
          Democratic Women of Santa Barbara County
          Democrats of Napa Valley Club
          Desert AIDS Project
          Desert Stonewall Democrats
          Equality California 
          Ethical Culture Society of Silicon Valley
          Full Circle Living and Dying Collective 
          GLMA: Health Professionals Advancing LGBT Equality
          Gray Panthers of Long Beach
                                                                              Hemlock Society of San Diego
          Honorable Dianne Feinstein, United States Senator
          I Care for Your Loved One Compassionate Senior Services
          Kings County Democratic Central Committee
          Laguna Woods Democratic Club
          Libertarian Party of Orange County 








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          Lompoc Valley Democratic Club
          Los Angeles LGBT Center
          Mar Vista Community Council
          Morongo Basin Democratic Club
          Napa County Democratic Central Committee
          National Association of Social Workers - California Chapter 
          National Center for Lesbian Rights
          National Council of Jewish Women
          Older Women's League-San Francisco
          Planned Parenthood
          Progressive Democrats of America California 
          Protrero Hill Democratic Club
          San Francisco AIDS Foundation 
          San Francisco for Democracy
          San Mateo County Democracy for America
          San Mateo County Democratic Central Committee
          San Mateo County Medical Association
          Santa Barbara County
          Santa Cruz City Council
          Secular Coalition for California
          Shared Crossing Project
          Sierra County Democratic Party
          Sonoma County Democratic Party
          South Orange County Democratic Club 
          Sun City Democrats
          Tam Nguyen, Councilmember, City of San Jose 
          Trinity County Democratic Central Committee
          Trinity County Progressives
          Trinity United Methodist Church


          OPPOSITION:   (Verified5/28/15)


          Access to Independence  
           Agudath Israel of California  
           Alliance of Catholic Health Care  
           Arc, California 
           Arroyo Grande Community Hospital, Dignity Health Affiliate  
           Association of Northern California Oncologists
          Autistic Self Advocacy Network
          California Catholic Conference








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          California Disability Alliance
          California Family Alliance
          California Foundation for Independent Living Centers
          California Nurses for Ethical Standards
          California Prolife Council
          California Right to Life Committee, Inc.
          Calvary Chapel Golden Springs
          Capitol Resource Institute
          Coalition of Concerned Medical Professionals
          Communities Actively Living Independent and Free
          Communities United In Defense of Olmstead
          Concerned Women for America
          Dignity Health
          Disability Action Center
          Disability Rights Education & Defense Fund 
          Faith and Public Policy, Calvary Chapel Chino Hills Ministry
          FREED Center for Independent Living
          French Hospital Medical Center, Dignity Health Affiliate
          Independent Living Resource Center of San Francisco
          Independent Living Center of Southern California
          International Life Services
          Knights of Columbus Council 1920, Glendale, California
          Life Legal Defense Foundation
          Life Priority Network
          Medical Oncology Association of Southern California 
          Mission Hospital
          Mission Hospital Laguna Beach
          National Right to Life Committee
          North Orange County ProLife Chapter
          Pajaro Valley Senior Coalition
          Patients Right Action Fund
          Petaluma Valley Hospital
          Placer Independent Resource Services
          Providence Health & Services, Southern California
          Queen of the Valley Medical Center
          Redwood Memorial Hospital, Fortuna
          San Joaquin ProLife Council
          Santa Rosa Memorial Hospital 
          Scholl Institute of Bioethics
          Silicon Valley Independent Living Center
          Sisters of Social Service of Los Angeles
          St. Joseph Hospital, Eureka








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          St. Joseph Hospital, Orange
          St. Jude Medical Center
          St. Mary Medical Center
          
          ARGUMENTS IN SUPPORT:  Compassion and Choices writes that too  
          many suffer needlessly at the end of life, too many endure  
          unrelenting pain and other symptoms, and too many turn to  
          violent means at the end of life when medical aid could help  
          them die peacefully.  This bill is modeled after legislation in  
          Oregon and other states where aid in dying has been proven to be  
          good policy and safe medical practice.  California voters  
          support the medical option of aid in dying by more than two to  
          one margin (64% support compared to 24% oppose).  Studies show  
          patients who receive counseling about end of life choices score  
          higher on quality of life and mood measures than patients who do  
          not.  Courts have upheld this right.  In 1997, the United States  
          Court of Appeals for the Ninth Circuit upheld Oregon's  
          first-in-the-nation Death With Dignity Act (passed by ballot in  
          1994).  On December 31, 2009, Montana Supreme Court ruled in a  
          5-2 vote that terminally ill Montanans have the right to choose  
          aid in dying under state law.  In January 2014, New Mexico  
          Second Judicial District Judge Nan Nash issued a landmark  
          decision that terminally ill, mentally competent adults have a  
          fundamental right to aid in dying under the substantive due  
          process clause of the New Mexico State Constitution.  On  
          February 6, 2014, the Canada Supreme Court ruled that  
          prohibition of assisted dying violates the right to life,  
          liberty and security of the person and is not in accordance with  
          principles of fundamental justice.  
          
          The AIDS Healthcare Foundation writes, "When a person with HIV  
          reaches the end of life with treatment options no longer  
          available, it is inhumane that we fail to provide them with the  
          choice that would bring them peace."  The Secular Coalition for  
          California supports the development of new public policy based  
          on science and reason and indicates that the benefits of this  
          bill are supported by extensive scientific study and data.  They  
          strongly encourage policymakers to base their decisions  
          regarding this bill on sound, tested evidence, not superstition  
          and unsubstantiated fear-mongering.  Equality California  
          indicates that this issue is particularly important to them  
          because of its impact on the lesbian, gay, bisexual, and  








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          transgender community.  The roots of the "death with dignity"  
          movement owe much to mothers of men dying painfully during the  
          early days of the AIDS epidemic.  

          Almost one hundred physicians have registered their support for  
          this bill.  Many write about witnessing patients suffer  
          horrifically painful deaths because the standard of care  
          medication management and surgery is not effective at  
          controlling terminal pain.  Pain medication can cause disabling  
          side effects.  One physician writes, "Providing terminally ill  
          patients with this humane option is preferable to the desperate  
          and covert self-help practices some patients are currently  
          forced to employ.  Providing this autonomy and choice to the  
          vulnerable and dying is one of the last comforting things we can  
          do for our fellow humans."  Another physician writes that  
          patients and families have asked for relief from suffering but  
          he has been unable to provide this which he believes is his role  
          as their physician.  A physician and cancer patient indicates he  
          has urged the California Medical Association (of which he is a  
          member) to take a neutral position on this bill.  He asserts  
          that palliative sedation is a poor substitute to offer as an  
          alternative, and he would not want to rely on a doctor sedating  
          him into unconsciousness in preference to having the key to exit  
          in his own possession.

          ARGUMENTS IN OPPOSITION:  The California Disability Alliance  
          indicates it has a broad agenda for promoting health,  
          independence and full community inclusion of persons with  
          disabilities but is convinced that legalizing physician assisted  
          suicide or euthanasia in the present environment of increasingly  
          cost-driven health care budgeting decisions will adversely  
          affect their efforts to achieve these goals and will result in  
          unnecessary deaths among people in poverty, people with  
          disabilities, and elderly people.  California Family Alliance  
          states there is no true way to protect against undue influence  
          for those who seek to profit from a patient's early death.   
          California Family Alliance writes the true compassionate  
          approach is to provide terminal patients with a variety of  
          viable life-affirming options, including physical, mental and  
          emotional support.  The California Foundation for Independent  
          Living Centers believes that people with disabilities and their  
          families will still face more subtle, behind-the-scenes forms of  








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          persuasion and coercion.  The disability community is convinced  
          that the perception that death is preferable to living with a  
          disability is still pervasive.  

          The Association of Northern California Oncologists opposes this  
          bill because it is contrary to a physician's oath and primary  
          responsibility to do no harm, legalizing physician-assisted  
          suicide undermines the valuable and overwhelmingly successful  
          work of hospice and pain and palliative care colleagues, and  
          this bill is based on a common misunderstanding that it is easy  
          to determine when a patient is terminal.   
          Hematologists/oncologists are the first to recognize that it is  
          notoriously difficult for physicians to know when their patients  
          are terminal.  Data from Oregon finds that many patients have  
          been prescribed life-ending medications and have lived more than  
          a year after the prescription has been filled.  The Agudath  
          Israel of California, a Jewish advocacy group, is concerned  
          because of California's diversity and more advanced medical  
          system with many more large and advanced medical centers that  
          they are not sure the same results would be seen here as in  
          Oregon.  The Alliance of Catholic Health Care (Alliance)  
          indicates that California law already gives every patient the  
          right to refuse extraordinary end of life treatment.  The  
          Alliance also fears that if aid in dying becomes a legal right  
          or "settled law," it will be extremely difficult to limit it to  
          a small group of terminal patients.  Additionally, the Alliance  
          is concerned that once a patient obtains a lethal dose of drugs  
          there is no transparency and cites a quote associated with the  
          Oregon Department of Human Services "?the reporting requirements  
          can only ensure that the process for obtaining lethal  
          medications complies with the law."  The Alliance states, "We  
          cannot determine whether physician-assisted suicide is being  
          practiced outside the framework of the Death with Dignity Act."   
          The Alliance also refers to a Yale study of the Netherlands that  
          indicated in 18% of the cases there were complications and the  
          physician intervened and ended the life of the patient.  The  
          Alliance also raises concerns that there is no definition of  
          active euthanasia.  Several thousands of individuals registered  
          their opposition including some physicians.  One physician  
          writes that the bill wrongly assumes all physicians are ideal  
          moral agents.  Physicians are under increasing stress, workloads  
          and cost pressures.  It takes no great skill and very little  








                                                                     SB 128  
                                                                    Page  17



          time to write a lethal prescription and it takes consummate  
          skill and lots of effort to provide good end of life care.  A  
          coalition of opponents indicate that while protections for  
          health care providers have been increased through recent  
          amendments it is the patient who remains without adequate  
          protections.


          Prepared by:Teri Boughton / HEALTH / 
          6/2/15 9:19:19


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