"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:

"Prescribe or Refer" Is Anti-Patient: Doctors Are Not Allowed to Use Their Best Judgment for Individual Patients (No More Jeanette Halls)

Margaret Dore, Esq., MBA

By Margaret Dore Esq., MBA - updated 05/12/18

A Wisconsin bill seeking to legalize assisted suicide, requires the patient's attending physician to "prescribe 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 will do it.

The bill, AB 216, also says that the attending physician's failure to comply is "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).*

A significance of prescribe or refer is that it's anti-patient, by not allowing doctors to use their best judgment for individual patients.