Pubdate: Fri, 09 Nov 2001
Source: Houston Chronicle (TX)
Copyright: 2001 Houston Chronicle Publishing Company Division, Hearst Newspaper
Contact:  http://www.chron.com/
Details: http://www.mapinc.org/media/198
Author: Associated Press

JUDGE BLOCKS BID TO UNDO OREGON'S 1997 SUICIDE LAW

PORTLAND, Ore. -- Oregon doctors can prescribe lethal medicines again to 
terminally ill patients who want to end their lives now that a judge has 
temporarily blocked a federal order that had essentially shut down the 
state's unique assisted-suicide law.

U.S. District Judge Robert Jones granted a temporary restraining order 
Thursday barring U.S. Attorney General John Ashcroft's directive, which had 
said Oregon doctors who use the assisted-suicide law would lose their 
licenses to prescribe federally controlled drugs.

Jones' ruling was a victory for Oregon Attorney General Hardy Myers, who 
had sued the government along with several terminally ill patients and 
others. The order is effective until Nov. 20, when Jones has scheduled 
another hearing.

In seeking to block Ashcroft's move, the state argued that the federal 
government does not have the right to dictate its policies on medical 
practices. Assistant U.S. Attorney William Howard disagreed, saying the 
federal government's interest in preserving life takes precedence over 
Oregon's Death with Dignity law.

Physicians for Compassionate Care, an organization that opposes assisted 
suicide, criticized Jones' ruling.

"Nobody who's in distress and despair should have a doctor respond to that 
with an overdose," said Dr. Gregory Hamilton, spokesman for the group. 
"People are going to keep getting assisted suicide instead of the hope and 
care they deserve."

Under the law, doctors may provide -- but not administer -- a lethal 
prescription to terminally ill adult state residents. It requires that two 
doctors agree the patient has less than six months to live, has voluntarily 
chosen to die and is capable of making health care decisions.

The measure survived legal challenges after being approved in 1994 and 
later re-approved by a wide margin in 1997. At least 70 people have used 
the law since it took effect, according to the state's Health Services 
office. All have done so with a federally controlled drug.

But despite the restraining order issued Thursday, it's not clear how many 
doctors will now prescribe lethal doses: Many don't want to risk 
jeopardizing their careers if Ashcroft's directive is ultimately upheld.

"I'm going to get some legal advice about whether it would be safe to 
proceed and then decide," said Dr. Peter Rasmussen, a Salem cancer 
specialist who joined Myers's suit.

Eli Stutsman, Rasmussen's attorney, said that even with Thursday's ruling, 
the Ashcroft directive will "cause a chilling effect on good patient care" 
in Oregon and across the nation because doctors might be afraid to 
prescribe strong pain medications. And Rasmussen said he worries that 
during the battle over the Oregon law, patients will try to find other ways 
to end their lives.

"I've already had inquiries about alternate ways to get the medication -- 
for example going down to Mexico, or to Canada to get it. And of course 
I've discouraged that," he said. "I sincerely hope that no physician goes 
underground, but some patients will want to."
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