Advocacy Bulletin, Compassion & Choices

Compassion & Choices
Advocacy Bulletin: a monthly publication summarizing C&C's legal and legislative
activities
May 31, 2005
Volume II, Issue IIII
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* * * * The Advocacy Bulletin is a special publication for supporters of Compassion
& Choices.
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In this issue:
CA Compassionate Choices Act PASSES Assembly Appropriations Committee
VT Representatives need to hear from YOU TODAY!
New York introduces Pain Education Bills
Oregon v. Ashcroft/Gonzales
Arizona passed Health Care Decisions Week
Pennsylvania Advance Directives Registry
Health decision restriction bills (Anti-Choice) popping up nationwide

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What is at stake?
Our movement is about giving each of us some choices in writing the last chapter, to
script an ending which does not rob meaning from the chapters which came before, and
to end life in a way that reflects how we lived life. That is why we support the
passage of legislation and support litigation that enables all Americans to have
choice and control at the end of life.

YOU CAN HELP! Do it today! Visit
http://www.endoflifechoices.org/act/leg_change/index.jsp

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California Compassionate Choices Act of 2005
PASSED ASSEMBLY APPROPRIATIONS COMMITTEE MAY 26

AB 654, the California Compassionate Choices Act, passed the Assembly Appropriations
Committee on May 26. Time is short for a full Assembly vote this year!

Thank you to those that attended the hearing and who testified in support of AB 654.
California Assembly members have received over 11,000 letters from their citizens
in support of AB 654. In addition, close to 3000 postcards have been returned from
the action kit mailing in May - thank you for taking action! The steady stream of
calls and letters also underscored the support for end of life choice in California.


DON'T LET YOUR VOICE FADE!

Your Assembly member needs to hear from you again.and again. It is imperative that
you contact your representative and tell them that you know AB 654 is headed their
way, and encourage them to vote YES. Visit our online action center to email or
print and mail your letter of support today. If you really want to make a
difference, encourage five friends and family members to do the same.

Please be a part of this historical moment in California history: call, write and
email your assembly members today! Thanks for your continued support.

Take Action Online:
http://capwiz.com/endoflifechoices/mail/oneclick_compose/?alertid=7651786

To find information about California's Compassionate Choices Act, visit:
http://www.caforaidindying.org/

To support the CA AB 654 Campaign visit:
https://orthus.safe-order.net/compassionindying/give/index.html

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Vermont Representatives need to hear from YOU TODAY!

3 days of hearings the week of April 12, resulted in close to 300 VT citizens
attending a public hearing, and days of compelling testimony!

Our grassroots support has been amazing and it is clear that Vermonters want choice
at the end of life. Unfortunately, in spite of all our hard work and dedication,
the hearings did not result in a vote of the human services committee.

The session has extended to the middle of June, due to budget reasons, but this
means that our bill is still in consideration. The chair and vice-chair of the
house human services committee, Rep. Ann Pugh, and Rep. Michael Fisher,
respectively, and the speaker of the house Gaye Symington need to hear from you.
Let them know that H. 168 needs a vote. In an attempt to push the legislation for a
vote this session, all members of the House must hear from their constituents today!


You may visit our national action center to complete an email or print a letter for
faxing to your representatives, or you may locate your representative's phone number
to call. Please visit
http://capwiz.com/endoflifechoices/state/main/?state=VT&view=myofficials to take
action today


To find current information about the progress of the Vermont Death with Dignity
act, visit http://www.choicesvermont.org.
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New York introduces Pain Education Bills

New York has introduced three bills, and will introduce a 4th bill in the coming
weeks concerning education for medical students on pain management and a safe harbor
bill

A.7640, "Includes education and training in pain management and end-of-life care
under the requirements of physician education" deals with requires medical school
curriculum include classes on appropriate treatment of pain. Status: In committee in
the house, no Senate companion bill introduced to date.

A.7642 and its companion bill S.5017 "Requires clinical education in pain management
and establishes an advisory committee on pain management education." This bill
introduces continuing education specific to treatment of pain. Status: A 7642,
referred from Assembly Health Committee to Codes Committee; Senate companion bill,
S. 5017, in Senate Health Committee.

A.7643 and its companion bill S.5016 are safe harbor bills. This means protection
for physicians who aggressively treat their patients' pain, which may result in
hastening the dying process. It also includes the opportunity to be held
accountable for the inadequate treatment of pain. Status: A. 7643 referred from
Assembly Health Committee to Assembly floor - laid aside on 5/23; Senate companion
bill, S.5016 in Senate Health Committee.


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Oregon v. Ashcroft/Gonzales

The case concerning the Oregon assisted dying law has moved into the United States
Supreme Court. The US Attorney General (AG), first Ashcroft and now his successor
Gonzales, seeks to nullify the Oregon law by utilizing authority claimed to be
conferred by the federal Controlled Substances Act. The US Attorney General was sued
by the State of Oregon, an Oregon physician and pharmacist, and a group of
terminally ill Oregonians. (Note: Compassion & Choices respresents the terminally
ill Oregonians.)

Many theories are advanced in the case. Foremost among them is the argument that the
federal law invoked by the AG is directed at preventing diversion and trafficking in
powerful medications to substance abusers, and does not reach the conduct of an
Oregon physician prescribing medications to enable a dying patient to achieve a
humane and peaceful death. Moreover, the regulation of the practice of medicine is
an area traditionally left to the states to regulate. And of course, the area of
assisted dying is one that the US Supreme Court in 1997 indicated ought to be
addressed by the states. (Compassion In Dying represented patients and physicians in
Glucksberg v WA.) These are the grounds upon which the lower courts decided the
case, and found the AG to have exceeded his powers. The AG, who lost below, is
called the Petitioner at this stage. The plaintiffs below are now referred to as the
Respondents.

As the case now moves to the highest level of review, organizations and professional
societies supportive of or concerned about the ramifications of this grab for power
by the US AG are making their views known by filing 'friend of the court' briefs,
known as amicus briefs. On the side of the Petitioner, 15 briefs have been filed, on
behalf of a number of the right to life organizations, Catholic Church, and
disability groups claiming that assisted dying laws imperil the disabled. On the
side of Respondents, we expect a similar number to be filed by medical societies and
professional specialty groups, the ACLU, senior groups, Autonomy (disability rights
organization that supports end-of-life choice) survivors of patients who died using
the Oregon assisted dying law and those who died without the advantage of such a
law, among others. Respondents' briefs are due mid-July. Argument will be heard
sometime in the fall and a decision will be issued sometime before the end of June
2006.

****** In cases of suspected inadequate treatment of pain in the context of terminal
illness, or failure to honor an advance directive, please contact Compassion &
Choices, as we may be able to assist with clinical or legal assistance.******
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Arizona passed Health Care Decisions Week

Congratulations to Arizona advocates who worked on Health Care Decisions Week! The
resolution, introduced by Representative Linda Lopez and based on a similar one
passed in California, has been adopted.

Heath Care Decisions Week focuses on the importance of advance directives documents,
such as living wills and medical durable powers of attorney, and stresses the
importance of communicating with family, loved ones, and health care professionals
about your wishes at the end of life. It is very helpful as we continually work to
spread the word about the importance of articulating and documenting your
preferences about end-of-life care and medical treatment.

Would you like to see this type of resolution introduced in your state? You can
make this happen! Please email legislativeaffairs [at] compassionandchoices.org
(mailto:legislativeaffairs [at] compassionandchoices.org) and let us know. We can give
you a copy of the resolution and help you bring it to your legislator's attention.

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Pennsylvania Advance Directives Registry

In response to the issues raised in the Schiavo case, the Compassion & Choices
Chapter for the Delaware Valley decided in 2004 to encourage the Pennsylvania
General Assembly to enact legislation which would enable more people to have their
wishes known and respected at the end of life.

Fred Cohen the President of the Chapter and the Executive Committee asked member Ed
Thomas to explore finding a sponsor for a bill which would enable Pennsylvanians to
have an indication on their driver's license if they had an advance directive, just
as is done in many states for organ donors. The Pennsylvania bill also would
include a requirement that the Keystone State create a voluntary registry where
people with advance directives could record them so they would be accessible to
medical providers. In this way any medical provider, even one treating a stranger
in a medical emergency could become aware of the patient's wishes as to artificial
nutrition and hydration and other means of artificial life support.

Ed Thomas approached a veteran legislator, Representative Patrick Fleagle, who is a
member of the majority Republican Party and serves on the health committee. Fleagle
agreed to sponsor the bill after meeting with Ed and Phil Merrill, a legislative
consultant for Compassion & Choices,

Fred Cohen then reached out to the Pennsylvania Medical Association to enlist their
help for the legislation. Fleagle actually managed to attach the bill to another
piece of legislation just weeks after he agreed to sponsor the Compassion & Choices
bill. The legislation passed the Pennsylvania House but got lost in the Senate as
the 2004 session came to an end. In an interesting side note, as a result of the
consultation over our bill, the doctors reached out to the Compassion & Choices
Chapter to have us join them in urging the Governor to veto a Senate bill which
would have enacted a so called pro-life presumption in Pennsylvania law. The effort
was successful and the Governor cited us and the doctors as factors in his decision
to veto.

This year the Senate bill on advance directives does not include any provision which
would limit or deny choice and when that bill arrives in the House, Representative
Fleagle plans to amend it to include the provisions advanced by Compassion &
Choices. The Delaware Chapter is now making plans to lobby the members of the
appropriate committees of the House when Fleagle calls for the support. Meanwhile
the chapter continues to look for ways to work with the Pennsylvania Medical
Association to empower patients to make decisions about their own medical care and
to assure that their wishes are carried out.

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Health decision restriction bills (Anti-Choice) popping up nationwide
Government Regulation of End-of-Life Care

Throughout the country, we have been gripped by the plight of Terri Schiavo in
Florida. Now, an active campaign to restrict our choices at the end of life forges
ahead.

In several states we see legislation that makes a "presumption of life," by
requiring a determination of clear and convincing evidence to allow for the
withdrawal of nutrition and hydration for an incapacitated patient close to the end
of the life--no matter if all family members are in agreement about the patient's
choice to have life-sustaining measures removed!

A law like this already exists in New York. Now, legislation in several states
would take it to the next extreme. Current bills would require that an individual
record in writing of the desire for withdrawal of treatment. If there is no written
evidence of this choice, life-sustaining treatment CANNOT be withheld under any
circumstances!

These laws are a devastating example of government interference with the practice of
medicine. Dying will no longer be a private matter between a doctor, a patient, and
the patient's family and spiritual adviser. Rather, intrusive, sometimes futile
care would be required in the absence of a legal determination of clear and
convincing evidence to the contrary.

The states below are facing these bills in their legislatures today. If you would
like to help fight the passage of this legislation, please contact us right away at
legislativeaffairs [at] compassionandchoices.org
(mailto:legislativeaffairs [at] compassionandchoices.org) .

Alabama,
Florida,
Hawaii,
Iowa,
Kansas,
Kentucky,
Louisiana,
Minnesota,
Missouri,
New York,
North Carolina.

To learn more, visit our online action center at
http://capwiz.com/endoflifechoices/issues/. You can read about the negative
implications of these bills and examine the full text of the bill.

Keep in mind that this is by no means a comprehensive list of all legislation
affecting end of life choice! More and more of these bills are being introduced each
day. Visit our online action center http://capwiz.com/endoflifechoices/issues/ to
stay up-to-date on bills that may be introduced in your state.

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What legislation is happening in your state?
Have you read in the newspaper today about legislation affecting end-of-life options?
Let Compassion & Choices know about it!
Call us at 800-247-7421 or email us at: legislativeaffairs [at] compassionandchoices.org
(mailto:legislativeaffairs [at] compassionandchoices.org)

Do you want to find bills being introduced in your state?
You can see all the legislation in your state, send messages, and find your
legislators and local media, and more! Visit http://capwiz.com/endoflifechoices.

Do you want to find out how your congressman is voting? GET WEEKLY UPDATES
Visit http://capwiz.com/endoflifechoices/megavote/ and sign up for MegaVote.