Physician Assisted Death: From Rhetoric to Reality in Oregon

Abstract:     
The topic is physician assisted death, and there is no easy way to transition into it except to say that it is a subject of importance to every person in this room, and for that matter, every person in America. We all face death at some point, and we all have friends or relatives who are either facing death or have already done so. And so this is a part of our lives. The subject of assisting people to die is particularly close to me because my state, Oregon, has adopted what is, in the world, the only legislative authorization for physicians to assist people to die.

Ten years ago, actually this month, November of 1997, Oregon's legislation became effective. It was adopted by referendum two years earlier, and as everything does, it wound its way through the courts. An injunction was dissolved in 1997 and the legislation became effective. For a second time, as well, in 1997 it was reaffirmed by yet a second referendum. Thus, on two separate occasions, we Oregonians voted that we wanted this option to be available to Oregonians who are facing a terminal illness. It is ten years this month, November of 2007, that we have been living with what is, in all the world, a unique legislative experience and experiment.

As we approach this subject, we will first discuss the place of death in life, then we will review the statute and the experience under it, and then we'll return to some of the criticisms of the statute, and conclude with the present and future legal status of the Oregon legislation.

Keywords: Physician, Assisted Death, Suicide

Accepted Paper Series