"Do or Refer" Doctors Are Not Allowed to Use Their Best Judgment for Individual Patients (No More Jeanette Halls)

Jeanette Hall with her son Scott
shortly after she changed
her mind.

Margaret Dore Esq., MBA*

Yesterday, a doctor asked me about "do or refer" provisions in some of the newer bills seeking to legalize assisted suicide in the United States. For this reason, I now address the subject in the context of a 2018 Wisconsin bill, which did not pass.

The bill, AB 216, required the patient's attending physician to "fulfill the request for medication or refer," i.e. to write a lethal prescription for the purpose of killing the patient, or to make an effective referral to another physician, who would do it.

The bill also said that the attending physician's failure to comply would be "unprofessional conduct" such that the physician would be subject to discipline. The bill states:

[F]ailure of an attending physician to fulfill a request for medication [the lethal dose] constitutes unprofessional conduct if the attending physician refuses or fails to make a good faith attempt to transfer the requester's care and treatment to another physician who will act as attending physician under this chapter and fulfill the request for medication. (Emphasis added).[1]

The significance of do or refer is that it's anti-patient, by not allowing doctors to use their best judgment in individual cases.

Dore Bio: Margaret Dore v. David Leven Debate. Rematch in New York State

Margaret K. Dore, Esq., MBA

Margaret Dore is a fourth generation lawyer in Washington State USA. Her father was a lawyer and a Democratic politician who ultimately served as Chief Justice of the Washington State Supreme Court. Her mother was a politician’s wife and a political activist in her own right, best known for her work to raise awareness about Sudden Infant Death Syndrome (SIDS), and also to help affected families and to promote medical research. Growing up, other families went camping. Dore’s family went campaigning.

Nevada: Bill All But Dead

SB 165, which would have legalized assisted suicide and euthanasia in Nevada, failed to make it out of its house of origin, so that it is now all but dead. According to 3 News Las Vegas:

While the bills the couldn't make it out of committee are technically off the table, they won't officially be out of the question until the Legislative Session ends in June.

The next major deadline comes on May 17. 

Maine: Tell the Legislature to Reject Bill LD 1313; Say "No" to Assisted Suicide & Euthanasia

By Margaret Dore, Esq., MBA

Click here for pdf version.

I.  INTRODUCTION

I am an attorney in Washington State where assisted suicide is legal.[1] Our law is based on a similar law in Oregon. In the fine print, both laws allow euthanasia. Both laws are similar to the proposed bill, LD 1313.[2]

The proposed bill seeks to legalize physician-assisted suicide and euthanasia as those terms are traditionally defined. If enacted, the bill will apply to people with years or decades to live. Individuals with money, meaning the middle class and above, will be especially at risk. I urge you to reject LD 1313.

Press Release: Maine Death with Dignity Bill Will Create a Perfect Crime

AUGUSTA, MAINE, UNITED STATES

Dore: “The proposed bill is a recipe for abuse, exploitation and legal murder.”

“Persons assisting a suicide or performing a euthanasia can have an agenda to benefit themselves.”

Contact: Margaret Dore, Esq., MBA

(206) 697-1217

Attorney Margaret Dore, president of Choice is an Illusion, which has fought assisted suicide and euthanasia legalization efforts in many states, and now Maine, made the following statement in connection with a scheduled hearing on a bill seeking to legalize assisted suicide and euthanasia in that state. (Bill LD 1313 , H.P. 948). Hearing Wednesday, 04/10/19, 9:00 A.M., Joint Committee on Health & Human Services, Cross Building, Room 209, State Capitol, Augusta Maine.

American Nursing Association's Draft Position Statement Regarding Euthanasia and Assisted Suicide Is "Misleading and Dangerous"

By Margaret Dore, Esq., MBA

The ANA Center for Ethics and Human Rights Advisory Board is seeking public comment on a proposed position statement, "The Nurse's Role When a Patient Requests Aid in Dying."

"Aid in Dying" is a traditional euphemism for assisted suicide and euthanasia. The first paragraph of the proposed statement is set forth below, followed by my responding submission.