Pubdate: Thu, 2 Jul 1998 Source: Oregonian, The Contact: Website: http://www.oregonlive.com/ Author: Patrick O'Neill, The Oregonian staff OPPOSING GROUPS OBJECT TO BAN ON DRUG USE IN ASSISTED SUICIDES * The AMA and the Compassion in Dying Federation oppose the congressional legislation for different reasons Congressional legislation that would outlaw drugs for use in physician-assisted suicide is drawing opposition from the American Medical Association, a staunchly anti-suicide organization, as well as from groups that support the practice. The bill, scheduled for a hearing July 14 before the Constitution subcommittee in the U.S. House of Representatives, would ban the use of narcotics in assisted suicides. And it would establish a medical review board within the Drug Enforcement Administration to determine whether a physician had violated the ban. The bill, introduced June 5 by Rep. Henry Hyde, R-Ill., is intended to gut the Oregon law that allows physicians to prescribe life-ending medication for terminally ill patients who have less than six months to live. A Senate version of the bill was introduced June 9 by Sen. Don Nickles, R-Okla. Oregon's law has been in effect since Oct. 27, 1997. It's unusual that the AMA, which opposes assisted suicide, and the Compassion in Dying Federation, which has promoted it, should be on the same side of the issue. But each organization opposes the legislation for different reasons. AMA sees chilling effect The AMA, one of the most powerful lobbying groups in the nation, fears that it would exert a "chilling effect" on physicians who prescribe painkilling medication for dying patients. Compassion in Dying sees it as a direct threat to assisted suicide. Dr. Thomas Reardon, a Portland physician and president-elect of the American Medical Association, said Wednesday that the organization would support congressional efforts to ban assisted suicide outright. "We're unalterably opposed to physician-assisted suicide," he said. "But with this bill, you'd do much more harm than good." Reardon said the AMA has begun an educational campaign, encouraging doctors to administer pain medication aggressively for terminally ill patients. For years, physicians across the country have risked censure from state licensing boards for giving enough narcotics to ease the pain of dying patients. During the past few years, particularly in Oregon, the trend has begun to reverse itself as health-care workers and society in general have recognized the necessity for better care of the terminally ill. He advocates better care "If we do a much better job on care at the end of life, we think patients will not feel the need for physician-assisted suicide," Reardon said. "We are opposed to anything that would have a chilling or dampening or inhibiting effect on that." Reardon referred to the bill's medical review board as a tribunal that would be involved in inquisitions of doctors who prescribe painkilling medication for terminally ill patients. "We think that's wrong," Reardon said. Doctors frequently write prescriptions for medications that, if taken all at once, would be lethal, he said. "We'll write prescriptions for 100 digitalis, 100 Valium, 100 beta blockers," he said. "What do you think would happen if a patient took them all at once? Physicians don't intend them to be lethal. They intend them to be therapeutic. "We oppose physician-assisted suicide on ethical grounds, and we still stand for that," he said. "However, we also oppose using the DEA as an enforcement method." Barbara Coombs Lee, director of Compassion in Dying Federation and a chief petitioner for Oregon's physician-assisted suicide law, said she, too, opposes the bill. "My take is that it's a pretty audacious attempt (by Congress) to substitute their own moral judgment for that of Oregonians," she said. "It's an attempt to usurp a state's power and replace the local regulatory mechanism through the Board of Medical Examiners and other state authorities with federal power." Like Reardon, Lee raises the specter of the Drug Enforcement Administration looking over doctors' shoulders as they prescribe painkillers to dying patients. "It will have a chilling effect on the prescribing of controlled substances," she said. "It gives these drug police the power to inquire, prescription by prescription, and ask, 'What did you prescribe that for?' It's very intrusive." Ann G. Jackson, executive director of the Oregon Hospice Association, said the consequences of the bill could be devastating. "All of us who have been looking at these issues from across the country are concerned about the dampening effect on pain and symptom management for the terminally ill," she said. "Even though there is the caveat that dying patients won't be denied drugs, even if they hasten death, that's subject to interpretation by whoever's looking at it." Jackson said Oregon leads the nation in the medical use of morphine. But she said Oregon and other states could see the use of morphine drop sharply if the bill becomes law. "Regardless of what your position is on assisted suicide, broadening the authority of the DEA is probably harmful," she said. - --- Checked-by: Melodi Cornett