Montana bill seeks to charge doctors assisting in suicides
National Court News
The Montana Senate is considering a bill that would make it illegal for doctors to help terminal patients take their own life.
The bill heard by the Senate Judiciary Committee on Friday would open doctors up to possible homicide charges if they prescribe a lethal dose of medication at the request of their patients.
A 2009 state Supreme Court decision protects doctors from prosecution for the practice, though it is not explicitly allowed in state law.
Supporters of the bill said that allowing physician-assisted death would send the wrong message to those considering suicide in the state. Montana has one of the highest suicide rates in the U.S.
“Once allowed this is a severely slippery slope,” said bill sponsor Republican Sen. Carl Glimm. “We need to show in every way we can that suicide is wrong.”
Opponents of the bill made clear that medically assisted death is not related to the state’s suicide rate. The practice is only available to those suffering from terminal disease.
“Medical aid in dying is not suicide. These patients are not depressed ? they are dying. There is a very big difference,” said Dr. Colette Kirchhoff, a hospice and palliative care physician from Bozeman. “It’s a way to alleviate suffering.”
Leslie Mutchler, the daughter of Robert Baxter, the plaintiff in the Montana Supreme Court case that allowed the practice, testified in opposition to the bill. Her son chose physician assistance to end his life in 2016 after being diagnosed with terminal pancreatic cancer.
“He gained so much peace of mind when he was able to obtain the life-ending medication from a physician,” Mutchler said. “It’s not suicide. It’s a life that is already ending. It is just a way to hasten it.”
Several states allow physician-assisted suicide, including California, Colorado, Hawaii, Maine, New Jersey, Oregon, Vermont and Washington.
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Nicholas C. Minshew - Minshew & Ahluwalia LLP
Nicholas C. Minshew, Attorney at Law, concentrates his practice in the area of Family Law including divorce, separation, child support, child custody, alimony, division of property, separation agreements, domestic violence, prenuptial agreements, and child support enforcement & modification. Mr. Minshew provides legal services to clients in Washington, D.C., and throughout Maryland, including Montgomery County, Frederick County, and Prince George’s County. Mr. Minshew obtained his Juris Doctorate degree from the American University, Washington College of Law in 2000, where he worked as an editor for the Administrative Law Review. After receiving his law degree, Mr. Minshew worked as an attorney for the global law firm of Morgan, Lewis & Bockius LLP, and for Leonard Street & Deinard LLP representing companies in Federal proceedings. During that time, Mr. Minshew redirected his focus to provide legal services directly to individuals and families.