Oregon Bill Would Allow Starving Mentally Ill Patients to Death

When Oregon became the first state in the nation to legalize the practice of assisted suicide, pro-life advocates argued this would be a slippery slope that would lead to euthanasia.

Apparently assisted suicide is not enough for the death peddlers in this Pacific Northwest State. Now they are pushing legislation in the Oregon State Legislature that would allow starving mentally ill patients to death.

A similar bill was defeated last year but the euthanasia promoters are back with a new one, Oregon Right to Life tells LifeNews. House Bill 4135 is scheduled for a hearing and possible work session in the House Health Care Committee at 3:00 pm on February 7th. It is believed this bill will move quickly because there are only 35 days in the 2018 regular session.

Last session a similar bill (SB 494) was introduced in the Senate by Senator Floyd Prozanski . It died in the House. The new bill, HB 4135, is chief sponsored by Speaker of the House, Tina Kotek.

“Supporters of this bill are touting it as a ‘fix,’ but the only fixing that is happening is fixing it so vulnerable Oregonians are left without protections and their right to basic care like food and water,” said ORTL Executive Director Lois Anderson. “One wonders what the true motivations are for this legislation.”

Anderson says HB 4135 is purported to just be a bill that makes technical changes to the current statutory advance directive form found in ORS 127.531. However, over the last 25 years Oregonians at the end-of-life stage have been protected by the current advance directive and removing it from statute has legal consequences.

“The advance directive was put into Oregon statute back in 1993. I was then a state senator when a very well vetted bill was thoroughly discussed and passed. I worked hard to ensure the advance directive was in statute. If it were to be removed from statute, I fear the legal protections we carefully placed there could be jeopardized, potentially harming end of life decisions for vulnerable patients,” stated Representative Bill Kennemer (R- HD 39).

Under current Oregon law, a healthcare representative does not have the authority to make a life ending decision for an incapable person unless the representative has been given authority to do so, or the incapable person is in one of four end of life situations defined in statute.

Anderson said that if HB 4135 is passed a person who appoints a healthcare representative, but makes no decisions regarding end of life care, would be granting his or her healthcare representative the power to make a life ending decision for the principal even when the principal is not in one of the four statutorily defined end of life situations, and even if this is not the will of the principal.

Last year’s bill was touted as a good thing, but in fact it promoted the withholding or withdrawal of nutrition and hydration (food and water) from people who are incompetent and not dying.

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Oregon Bill Would Allow Starving Mentally Ill Patients to Death

Oregon Senate Committee Passes Bill to Allow Starving Mentally Ill Patients to Death

Yesterday the Oregon Senate Rules Committee passed out Senate Bill 494 on a party-line vote. Touted as a “simple update” to Oregon’s current advance directive, this bill is designed to allow for the starving and dehydrating to death of patients with dementia or mental illness.

Senate Bill 494 is little more than the state colluding with the healthcare industry to save money on the backs of mentally ill and dementia patients. This bill would remove current safeguards in Oregon’s advance directive statute that protect conscious patients’ access to ordinary food and water when they no longer have the ability to make decisions about their own care.

“It’s appalling what the Senate Rules Committee just voted to do,” said Gayle Atteberry, Oregon Right to Life executive director. “This bill, written in a deceiving manner, has as its goal to save money at the expense of starving and dehydrating dementia and mentally ill patients to death.”

“Oregon law currently has strong safeguards to protect patients who are no longer able to make decisions for themselves,” said Atteberry. “Nursing homes and other organizations dedicated to protecting vulnerable patients work hard to make sure patients receive the food and water they need. Senate Bill 494, pushed hard by the insurance lobby, would take patient care a step backwards and decimate patient rights.”

“Oregon Right to Life is committed to fighting this terrible legislation every step of the way,” said Atteberry. “We have already seen the outrage of countless Oregonians that the Legislature would consider putting them in danger. We expect the grassroots response to only increase.”

SB 494 was amended in committee yesterday. However, the amendments did not solve the fundamental problem with the bill. To learn more about what SB 494 will do, please watch testimony made to the Rules Committee on behalf of Oregon Right to Life yesterday by clicking here. SB 494 likely heads to a vote of the full State Senate in the coming weeks.

Three additional bills (SB 239, SB 708 and HB 3272) that also remove rights from vulnerable patients were introduced this session.

“There is a clear effort to move state policy away from protecting the rights of patients with dementia and mental illness and toward empowering surrogates to make life-ending decisions,” Atteberry said.

Senate Bill 494 makes many changes to advance directive law, eliminating definitions that can leave a patient’s directions left open to interpretation. SB 494 would also create a committee, appointed rather than elected, that can make future changes to the advance directive without approval from the Oregon Legislature. This could easily result in further erosion of patient rights.

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Oregon Senate Committee Passes Bill to Allow Starving Mentally Ill Patients to Death