Legislature(1995 - 1996)

02/06/1996 03:05 PM House HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
 HB 371 - RIGHTS OF TERMINALLY ILL PERSONS                                   
                                                                               
 Number 104                                                                    
                                                                               
 CO-CHAIR TOOHEY asked Representative Kay Brown, prime sponsor of HB
 371 to come forward and present the sponsor statement.                        
                                                                               
 REPRESENTATIVE KAY BROWN, Prime Sponsor, said she, along with                 
 several other representatives including Representative Toohey as a            
 joint sponsor, had introduced HB 371 which would strengthen the               
 rights of terminally ill patients.  She emphasized this legislation           
 applies in situations where the person's death is inevitable and              
 near at hand.  The bill would establish a law that would allow                
 terminally ill patients to request their physicians to prescribe              
 life-ending medication for self-administration by the patient,                
 subject to safeguards that are built into the bill such as a                  
 diagnosis by two physicians and the signature of the requester must           
 be  witnessed by two disinterested individuals who would not have             
 any benefit from the decision.                                                
                                                                               
 Number 190                                                                    
                                                                               
 REPRESENTATIVE BROWN feels this is a compassionate approach, which            
 upholds the dignity of terminally ill citizens by allowing them               
 sole and exclusive control over their final stage of life.  It does           
 promote the philosophy that government should stay out of this                
 matter, which should be exclusively decided between the physician             
 and the patient.  It is based on principles of autonomy, self-                
 determination and privacy.                                                    
                                                                               
 Number 230                                                                    
                                                                               
 REPRESENTATIVE BROWN said she recognizes there are different points           
 of view and she respects those.  She also respects the right of               
 each person to live out their life in the way they believe is                 
 appropriate and true to their own moral beliefs.  She feels this              
 legislation is consistent with that approach because it would allow           
 all citizens to do that.  It also allows those citizens who choose            
 not to participate not to be involved in any manner.                          
                                                                               
 CO-CHAIR TOOHEY asked if there were any questions of Representative           
 Brown.  Hearing none, she announced we would go to the Kenai                  
 teleconference site.                                                          
                                                                               
 Number 314                                                                    
                                                                               
 DICK BOGARD testified via teleconference from Kenai.  He believed             
 the main intent and purpose of this legislation was spelled out on            
 page 2, Section 2, "....a fundamental right to make their own end-            
 of-life decisions."  He thought this was an important statement to            
 keep in mind.  He expressed concern that if a person makes out a Do           
 Not Resuscitation (DNR) order and the Request for Medication, the             
 Request for Medication has to be made out a second time.  He                  
 pointed out this is fine for an individual who has a slow advancing           
 terminal disease, but for the individual who is caught off guard,             
 10 days is a long time.  He referenced page 5, line 20, and said he           
 thought it was rather redundant for a person to have to be told               
 what the "potential risks, probabe results, and irreversible                  
 consequences of taking the medication" are after having made out              
 the "Request For Medication."  He added that if he made the                   
 decision to terminate his life, he wouldn't want someone giving him           
 the kindergarten description.                                                 
                                                                               
 Number 461                                                                    
                                                                               
 MR. BOGARD referred to page 5, lines 24-26, and said he could see             
 a problem.  His concern is that after having complied with the                
 provisions of section (3), there is nothing to compel the attending           
 and consulting physicians to move within a certain period of time.            
 The patient must have 10 days between the date of the execution of            
 the Request for Medication form and the actual request for the                
 medication to end their life and he felt that language should be              
 added to require a physician to act within a certain time period.             
                                                                               
 Number 669                                                                    
                                                                               
 MR. BOGARD referenced Section 19, page 11, line 29, "do not                   
 resuscitate order means an order from a licensed physician...." and           
 asked if this precluded having a durable power of attorney and a              
 living will.  He felt rather than having less government involved,            
 this would have government even more involved.                                
                                                                               
 CO-CHAIR TOOHEY pointed out that Section 19 only changes the word             
 from "Directive" to "an order."                                               
                                                                               
 MR. BOGARD realized that, but he felt it was giving a licensed                
 physician the power over a durable power of attorney, living will             
 and his agent to have a DNR order.                                            
                                                                               
 REPRESENTATIVE BROWN interjected that was part of the current law.            
 She said this is a very minor change with regard to the wording; it           
 is not a substantive change from the current law regarding the                
 living will or the DNR order.                                                 
                                                                               
 MR. BOGARD stressed that it precludes the durable power of attorney           
 and the DNR that has already been given to an agent.                          
                                                                               
 CO-CHAIR TOOHEY emphasized again the only change being made is the            
 deletion of "A Directive" and insertion of "an order."                        
                                                                               
 MR. BOGARD suggested the committee take this under consideration              
 because it could now be said that his living will and his agent               
 don't have any power over a DNR order.                                        
                                                                               
 CO-CHAIR TOOHEY asked Mr. Bogard to contact Representative Brown's            
 office regarding those changes.  She asked Mr. Bogard if that                 
 concluded his testimony.                                                      
                                                                               
 MR. BOGARD said he was waiting for an explanation from                        
 Representative Brown regarding the requirement for two physicians.            
                                                                               
 REPRESENTATIVE BROWN responded the requirement to have two                    
 physicians involved is a safeguard to ensure there is no abuse of             
 this provision.  Relating to Mr. Bogard's statement regarding no              
 time requirements for the doctors, Representative Brown said she              
 would take that suggestion under advisement.                                  
                                                                               
 MR. BOGARD concluded by saying this is a real life situation, and             
 we are trying to give people the fundamental right to make their              
 own end-of-life decisions.  He didn't feel it was a level playing             
 field if doctors are standing in the way of a person who has made             
 that decision.                                                                
                                                                               
 Number 822                                                                    
                                                                               
 LOTTE BOGARD testified from Kenai that she is a retired                       
 professional nurse and has been a hospice volunteer for the past              
 nine years.  She has seen many people suffer from a terminal                  
 illness.  She's had sympathy for their pain as well as for the                
 suffering of their loved ones who had to stand by helplessly.  She            
 dreaded the thought that such a thing should befall her and she               
 wanted death with dignity.  However, in recent times it has become            
 possible and more common to allay suffering by medication when                
 given in sufficient quantity to completely control pain, even                 
 though it might shorten the process of dying.  To her, this is a              
 welcome way of treating the terminally ill.  The proposed additions           
 and amendments to HB 371, Section 14 or any similar language not              
 withstanding are, in her opinion, a form of assisted suicide which            
 she cannot support.                                                           
                                                                               
 MRS. BOGARD pointed out several weaknesses in the proposed                    
 legislation:  1)  There is no provision for the disposition of the            
 medication in cases where the request for the medication has been             
 revoked after the medication has been issued; 2) there is no                  
 provision for certification by a psychiatrist or mental health                
 clinician about the absence of clinical depression, a condition               
 that is not readily recognized by the attending or consulting                 
 physicians.  Depression is not ruled out by the findings of mental            
 competence.  Receiving the diagnosis of a terminal illness may well           
 cause a person to go into depression and that condition could last            
 a long time;  3) what if death does not result as expected from               
 taking the prescribed medication, but it causes deterioration to              
 the extent that the patient is unable to make further decisions.              
 She commented that she would leave these considerations for the               
 committee to ponder.                                                          
                                                                               
 Number 972                                                                    
                                                                               
 CO-CHAIR TOOHEY referred to the disposition of medication and said            
 that if hospice nurses are in attendance at the time of death, they           
 will dispose of the drugs.                                                    
                                                                               
 MRS. BOGARD responded it doesn't say that in the statute.                     
                                                                               
 Number 1005                                                                   
                                                                               
 SHIRLEY DEMIENTIEFF testified from Fairbanks that she is on the               
 Tanana Chiefs Conference Regional Health Board and the Board of               
 Directors of the Fairbanks Native Association.  Her testimony is              
 based on her personal opinion, and not as a result of any of the              
 boards she sits on.  She applauds Representative Brown for                    
 introducing HB 371.  During the past 12-14 years, she has been with           
 approximately 20 people who have died as a result of having a                 
 terminal disease.  She commented this is not the answer for                   
 everyone, but it is an answer for a few people.  She believes there           
 are terminally ill people who know when they are approaching the              
 end of their life and want to alleviate the suffering of their                
 family.  They should have the right to take care of themselves and            
 die with dignity.  She mentioned her father, who died two years ago           
 in May, had always told her that if he ever got a terminal disease,           
 just to let him take care of it.  When he got cancer, they                    
 discussed the situation and she told him it was his right to die as           
 he chose, and she would support his decision.  Coincidentally,                
 during this same time period, there was a suicide in Nenana where             
 they were from.  Her father said he couldn't put his family through           
 that; it just wasn't a good way to go.  Her father was in a lot of            
 pain before his death.  Ms. Demientieff said if she is ever faced             
 with this situation, knowing the pain it causes families, she                 
 believes this is the choice she would make and would want this                
 choice available to her.                                                      
                                                                               
 Number 1177                                                                   
                                                                               
 ARTHUR HIPPLER, Executive Director, Alaska Right to Life, testified           
 from Anchorage via teleconference.  He said this is a badly named             
 bill; it's not a bill relating to the rights of terminally ill                
 persons, because anybody can commit suicide.  It is, however, a               
 protection for providers of this service of killing.  The principal           
 reason for any of these kinds of euthanasia-type bills is to reduce           
 the issue of pain for people who are in a terminal condition.  With           
 contemporary, modern medical procedures, there is simply no problem           
 of pain which is insoluble.  But if for some unique individuals               
 this was true, statutorily enabling suicide is a bad procedure                
 because it goes against the fundamental dictum that "hard cases               
 make bad laws."                                                               
                                                                               
 MR. HIPPLER addressed some of the specific problems he had with HB
 371.   He referred to page 7, Section 18.12.050, and said this                
 seems to say that the physician cannot withdraw from such a case if           
 another physician does not want to deal with it.  Thereby it forces           
 physicians, some of whom may be completely at odds with this kind             
 of approach to medicine, to remain with the case if they cannot               
 find someone else to take care of it.  He pointed out there also              
 seems to be a conflict between 18.12.070 and 18.12.060.  In                   
 18.12.060(c) it talks about if a professional organization                    
 (indisc.) subject to disciplinary measures, if somebody refuses to            
 participate; i.e., a doctor who refuses to participate, but it                
 seems strange to him that under 18.12.070, it is plausible that a             
 physician who refuses to undertake these activities, can be placed            
 in the position of receiving a civil penalty.                                 
                                                                               
 MR. HIPPLER continued that page 10, lines 19-24, appears to define            
 suicide out of existence.   Also, page 10, lines 26-31 seem to                
 eliminate the possibility of a suicide clause in validating a life            
 insurance policy.  He said while those are specific and serious               
 problems, there is a much more general problem.  We are not the               
 first to try this.  Over a decade ago in Holland, many people who             
 were concerned, much in the same way as those who drafted this                
 legislation, about the difficulties that faced people who were                
 undergoing terminal illnesses initiated legally that which had been           
 covertly practiced in the Netherlands; the power of a physician to            
 assist someone to end their life.  There were tremendous                      
 constraints in the law, but bit by bit that law was chopped to                
 pieces not only by court decisions, but mostly by practices which             
 nobody could figure out how to stop.  They have reached a point now           
 that according to the Netherlands press,  one of the most serious             
 problems facing aged people in Holland is their terrifying fear of            
 going to a hospital or to a physician.  That is because now the               
 Dutch courts refuse to intervene if a physician decides completely            
 on his own to kill someone, whether he tells the individual or not.           
 The corruption of this kind of legislation has reached the                    
 inevitable, logical outcome; that the physicians, or at least some            
 of them feel they have the right to take the life of someone whose            
 quality of life is not up to par.  There are serious health care              
 problems for old people in the Netherlands, because there are large           
 numbers of these people who are absolutely terrified to go to a               
 physician.                                                                    
                                                                               
 MR. HIPPLER concluded obviously, that is not the intent of this               
 legislation, but good intentions pave the road to hell.  The                  
 problem of how to deal with suffering is an ancient one.  We do not           
 best deal with sufferings by killing people.                                  
                                                                               
 Number 1440                                                                   
                                                                               
 MARY SOLTIS testified via teleconference from Sitka.  She has been            
 nursing in Alaska for the past 15 years.  She has been present at             
 a lot of deaths and has taken care of a number of dying people,               
 both in and out of the hospital.  She said truthfully, she has not            
 seen a single person die without adequate pain control.  If                   
 anything, there's been too much medication ordered rather than too            
 little.  She couldn't think of anyone who would want their loved              
 ones or their patient to die an undignified death.  Both her mother           
 and her best friend chose to die at home.  The both had ample                 
 supplies of morphine and could have committed suicide, but neither            
 did.  They both preferred to die naturally at their own time and              
 not by self-induced chemicals.  In fact, her friend refused to go             
 to the hospital because she feared she would be given too much                
 morphine and would die involuntarily.  She said after working in              
 the mental health unit for the past six years, a lot of people                
 contemplating taking their own life with an overdose of                       
 prescription pills are already depressed and have lost the will to            
 live.  They are in a way terminal, if the depression goes                     
 untreated.   She commented in a sense we are all terminal; we are             
 all dying, just at different rates.  If someone is suicidal, it               
 means they have an emotion or spiritual need that is not being met            
 and they are in great pain.  That is our chance to offer them hope,           
 not death.                                                                    
                                                                               
 MS. SOLTIS pointed out we could all choose death by suicide; many             
 have and many are, simply by their lifestyles - smoking, drinking,            
 etc.  If someone is determined to commit suicide, nothing or no one           
 can stop the person.  The question is:  Is it right to take our own           
 life in our hands because we're afraid to die, afraid to live or              
 afraid of pain?  What if a lethal dose of chemicals was prescribed            
 for someone who had the AIDS virus, but did not yet have the                  
 symptoms.  What if that person wanted to avoid the pain or the                
 embarrassment of HIV, MS, cancer or cystic fibrosis?  What if the             
 legal dose of chemicals was taken 24 hours, 24 days or 24 months              
 before a cure was found?  What if the person changed their mind               
 after having taken the lethal dose?  To her, that would not be a              
 humane and dignified death.  By helping someone die, we are also              
 helping them to not desire life.  That makes her wonder who is next           
 - the handicapped, the elderly, the weak, the homeless, babies with           
 Down's syndrome or babies of the wrong sex.  She concluded that as            
 a health care provider, it is her job to uphold the dignity of                
 human life.  She will promote life whenever possible and make the             
 sick and dying comfortable, not dead.  Only those who are afraid of           
 living, afraid of dying or afraid of pain seek to end their own               
 life prematurely.  Let's keep the focus on the living - the                   
 healthy, natural choice.                                                      
                                                                               
 Number 1650                                                                   
                                                                               
 ROBERTA FOSTER testified from Naknek that she echoed the comments             
 of Mary Soltis.  She added that life is given to us by God;                   
 therefore, we don't have the right to take our own life.  This                
 legislation makes it just that much easier for people to commit               
 suicide.  The government, by making these allowances, is in fact              
 encouraging other people to take the easy way out instead of                  
 looking at the option of life.  Being terminally ill today doesn't            
 necessarily mean being terminally ill tomorrow.  For those reasons,           
 she does not agree with the intent of the legislation.                        
                                                                               
 Number 1707                                                                   
                                                                               
 MARIE DOYLE testified from Homer that HB 371 amends the existing              
 chapter in the Alaska Statutes entitled Rights of the Terminally              
 Ill to include a voluntary request for medication where a                     
 terminally ill person can end his or her own suffering.  The                  
 Request for Medication is in addition to the living will and does             
 not (indisc.) the orders which are part of the chapter.  A straw              
 poll that was conducted in Homer indicated that of 13 randomly                
 chosen people on the street, 12 were in favor of the bill, 1 was              
 opposed.  She supports it because as a psychologist she has worked            
 with people who are dying.  It is interesting to her that when our            
 pets get old and sick, we can take them to the veterinarian and               
 they can be put to sleep when they are suffering.  There was no               
 such provision made for her mother when she was suffering with                
 terminal cancer and heart problems.  She said she wanted everyone             
 to understand this was not a bill to permit suicide; this is a bill           
 for someone who is suffering and terminally ill to make a request             
 for medication which is carefully monitored.  It gives a physician            
 the opportunity to help someone without implicating himself.  It is           
 not an opportunity for people in the medical profession to murder             
 anybody.  In conclusion, she reiterated the purpose of the bill is            
 to enable someone who is terminally ill and suffering severely to             
 make their own decision.  This is not a decision for everyone to              
 make, but it is a decision she wishes to make.                                
                                                                               
 Number 1863                                                                   
                                                                               
 JENNY DICKINSON testified from Anchorage that she is just an                  
 ordinary citizen who feels compelled to speak about a subject of              
 extraordinary importance to everyone.  She said we've all                     
 experienced trials and tribulations in our lives.  She lost her               
 best friend, who took her own life.  But nothing can compare with             
 the despair Ms. Dickinson felt having to stand by helplessly and              
 watch her mother endure a slow, dehumanizing death.  She has a deep           
 reverence for all life.  She believes in God and she's pro-life;              
 but when quality life is gone, when all the hope of recovery is               
 gone, when the terminally ill awaken each day with the prospects of           
 only more pain and suffering, she questions if it is not then time            
 to let them go peacefully.   She loved her mother deeply, but she             
 was not the same vibrant, proud, fun and creative, life loving                
 person Ms. Dickinson knew.  What she and her family saw the last              
 year of her mother's life was a soul trapped in a dead shell called           
 her body; a spirit that should have been set free.                            
                                                                               
 MS. DICKINSON concluded that change is often hard, but changes must           
 be made.  The needless suffering must stop.  She commends the                 
 advocates of this "death with dignity" bill.  She believes this is            
 well-written, well-thought out legislation, which includes                    
 safeguards to avoid misuse.  She referenced the comments of a prior           
 speaker regarding depression and said we are not talking about                
 depression; this is a physical, terminal illness.  She strongly               
 favors the passage of this legislation, which she feels is long               
 overdue.                                                                      
                                                                               
 JOSEPH RAYFIELD testified from Anchorage that he did not agree with           
 some of the comments that had been made about suicide.  God not               
 only gave us our life, but He will take it whenever He wishes.  He            
 has now given us an avenue whereby we can eliminate the terrible              
 suffering and pain that our loved ones have.  He also believes that           
 God says, "I will help those who help themselves."  This bill is              
 now doing God's work.  He said both he and his wife had experienced           
 the terminal pain suffered by their former spouses and watched                
 helplessly as they were dying.  He commented that we don't let our            
 pets suffer when they can't function any longer; we put them to               
 sleep.  Yet why is it we insist that our loved ones have to suffer            
 the pain of an incurable disease.                                             
                                                                               
 CO-CHAIR TOOHEY announced that Representative Bunde arrived at the            
 meeting.                                                                      
                                                                               
 Number 2094                                                                   
                                                                               
 AILEEN RAYFIELD testified via teleconference from Anchorage.  She             
 shared the story of her former spouse who was diagnosed with                  
 terminal bladder cancer with a life expectancy of up to six months;           
 he lasted five months.  The doctors were not going to operate as it           
 was inoperable, but because he wanted to live so desperately, they            
 performed an operation and put drains in his back going directly to           
 his kidneys with tubes going in a bag.  That apparatus took care of           
 the urine, but his digestive system and bowels had quit working.              
 She commented how amazing it is that the body can still live.  She            
 cleaned the kidney tubes everyday and after a month had gone by, he           
 asked her for the keys to the gun cabinet.  She refused to give him           
 the keys.  The tubes caused additional pain whenever he moved, but            
 he was alive.  She played God - he made a decision and she denied             
 him.  She will live with that on her conscience until her dying               
 day.                                                                          
                                                                               
 MR. RAYFIELD finished testifying for his wife.  He commented we are           
 all only one breath away from meeting our Maker and he hopes none             
 of us will have to suffer.  He implored the committee to pass HB
 371.                                                                          
                                                                               
 Number 2167                                                                   
                                                                               
 FRANCENA SALVAGE testified from Anchorage that she is 82 years of             
 age and if and when she should become terminal, she wants to have             
 the right to make the decision to end her life with dignity and               
 avoid unnecessary pain and the outrageous expenses associated with            
 keeping a person alive.  She supports this legislation.                       
                                                                               
 Number 2198                                                                   
                                                                               
 SYLVIA SHORT testified via teleconference from Anchorage.  She has            
 lived in Anchorage since 1967.  She is speaking as one of the nine            
 people who worked very hard on HB 371.  The group consisted of                
 three doctors, two attorneys, two ministers and two lay persons who           
 reviewed the nine bills that are currently before state                       
 legislatures.  They also considered the Oregon bill that became law           
 and is now on appeal.  The reason the nine people of disparate                
 backgrounds came together was because they were united in a single            
 purpose.  They were bound by the realization and knowledge that               
 this kind of bill was necessary; that we have regressed so far in             
 our civilization and in our medical knowledge that people can live            
 indefinitely, when sometimes left to nature itself, they would die.           
 Each one of the nine people had a story to tell about how they came           
 to that realization.                                                          
                                                                               
 MS. SHORT shared her personal story.  Her son-in-law was strickened           
 with multiple myeloma two years ago in December.  He was                      
 hospitalized in January, briefly released, and then hospitalized              
 again.  The disease had progressed rapidly and he was deformed,               
 unable to walk or help himself.  His body still functioned, but his           
 bones were broken and crumbled and he suffered intolerable pain.              
 His doctors would not say how long he would live, but he knew he              
 would never leave the hospital.  Meanwhile, his pain medication,              
 while it helped momentarily, was incapable of giving him real                 
 relief.  Ms. Short's daughter never left his bedside.  She helped             
 the nursing staff care for him, feed him, clean him and make him as           
 comfortable as possible.  She was there when he awakened from                 
 fitful drowsing with screams, when he bit his lip through in an               
 effort to keep from crying aloud.  She was there when he begged the           
 doctors to give him something to end (indisc.) vigil.  She was                
 there when he finally decided to starve himself to death.  It took            
 10 days, but she never left his bedside.  Ms. Short said her                  
 daughter is the ultimate victim.  She is a changed person; no                 
 longer is she the happy, laughing mother of four children.  Now she           
 is tired and quiet and introspective; a caricature of herself.  She           
 works when she is able to and cares for her children and                      
 grandchildren.  She still wakes up screaming, is undergoing therapy           
 and suffers ill health and depression.  She relives the horror                
 everyday; he wanted help and she couldn't give it to him.                     
                                                                               
 MS. SHORT concluded with "Our bill is our cry to you our                      
 legislators.  Please don't let it happen any more."                           
                                                                               
 TAPE 96-7, SIDE B                                                             
 Number 007                                                                    
                                                                               
 ROBERTA STEVENS, testified via teleconference from Anchorage.  She            
 has lived in Alaska since 1948.  She explained that her mother who            
 suffered from (indisc.), heart erythema and diabetes finally                  
 starved herself to death to relieve herself from her pain and the             
 pain she watched her family go through.  There was no other                   
 alternative.  It took her about 15 days to starve herself to death.           
 It was difficult for the family to watch this slow process.  Ms.              
 Stevens said one of the reasons she would like to see this bill               
 enacted into law is because she realizes how difficult it is for              
 family members to actually pull the plug that ends the life of a              
 loved one; something her entire family has sworn to do for each               
 other, if necessary.  However, that is an awful burden to place on            
 family members.  If she ever becomes terminally ill, she wants the            
 ability to make that decision herself and not put the burden on               
 family members.  She urged committee members to pass HB 371.                  
                                                                               
 Number 080                                                                    
                                                                               
 LYNN STIMLER, Executive Director, ACLU, testified from Anchorage              
 that the ACLU believes the right to the enjoyment of life, liberty            
 and privacy gives an individual freedom of control over his or her            
 own body.  Bodily integrity is a basic privacy right.  These rights           
 give individuals the ability to control decisions concerning their            
 own medical care, including the withholding or withdrawing of life-           
 sustaining medical procedures.  The ACLU believes that HB 371 is a            
 responsible account to said limits and (indisc.) procedures for all           
 Alaskans suffering from terminal illnesses, and the government                
 should not bar personal autonomy in this matter.  The right of an             
 Alaskan with a terminal illness to end his or her own life is a               
 legitimate extension of the right to control his or her own body.             
 The individual may wish to end his or her own life after suffering            
 from a terminal illness, but may be unable to do so without                   
 assistance.  If an individual is physically incapacitated while               
 remaining able to comprehend and to render informed judgments, that           
 individual should be able to enlist others to provide aid in dying.           
 There should be no consequences, criminal or otherwise for those              
 assisting.  However, the ACLU recognizes the right of the medical             
 care provider to refuse to render aid in dying when requested.                
 They support those provisions of the bill which permit a physician            
 to withdraw from treating a patient after explaining to the                   
 terminally ill patient their right under the law and after                    
 transferring the care of the patient to another physician.  The               
 ACLU urges passage of HB 371.                                                 
                                                                               
 Number 152                                                                    
                                                                               
 JERRY GANAPOLE testified from Anchorage that he has been an                   
 Anchorage residence since statehood.  He said HB 371 merely allows            
 an individual on his or her deathbed to have some say in the manner           
 of their death.  He commented this is a subject that younger                  
 lawmakers will have given very little consideration unless they               
 have already been in the sad position of having watched a loved one           
 die.  He said the only opposition will be from those who wish to              
 impose their personal religious beliefs upon others or from those             
 who believe they may be personally, economically or socially                  
 disadvantaged in some manner.  Mr. Ganapole stated in no                      
 conceivable way should the beliefs of others preclude the                     
 possibility of his asking for and receiving a humane death with               
 dignity.  At the present time, he does not have that basic right.             
                                                                               
 Number 210                                                                    
                                                                               
 AL SUNQUIST testified via teleconference from Anchorage that he is            
 retired, age 74 and he and his wife live in mid-town Anchorage.               
 His interests and concerns in this legislation stem from the                  
 difficult and cancerous deaths of his parents.  Current medical               
 technology and practice often force a patient to remain in life               
 longer than nature intended.  He said the people who support death            
 with dignity legislation assert the right to die free of pain in a            
 humane manner, no less than the right granted under most capital              
 punishment procedures.  The principles of autonomy and privacy                
 require that decision making power rest with the individual.  It is           
 up to each individual to evaluate their own level of pain and                 
 capacity to endure it.  Because physicians and medical                        
 professionals adhere to the principle of benevolence, they are                
 naturally in a position to give aid to the dying.  By providing               
 lethal medication to the terminally ill patient, they are                     
 mitigating suffering and adding dignity to the dying process.                 
 Legislation allowing a right to die with physician assistance would           
 absolve medical professionals from any culpability in a patient's             
 free choice of death.  Providing safeguards for physicians and                
 pharmacists assisting in a death is an important feature of this              
 proposed legislation.  He said that legislators may decide that               
 additional safeguards would be appropriate or conversely that more            
 leeway be provided for doctors to react to so-called "last                    
 attempts."  He acknowledged the state's interest in the sanctity of           
 life:  It increases day, month and year at the beginning of life;             
 it decreases each year, month and day at the end of life.  To                 
 condemn a person to the probability of a long-suffering death when            
 they would rather die in their sleep is to him grossly unfair.  He            
 asked the legislature to lighten up on the suffering of the                   
 terminally ill.                                                               
                                                                               
 Number 296                                                                    
                                                                               
 HERB BERKOWITZ testified from Anchorage that he has lived there for           
 26 years and has been a registered Republican all his life.  He               
 mentioned that because he wanted to stress this is a bi-partisan              
 bill, which has support from across the political spectrum.                   
 Everyone who supports the bill firmly believes that humanitarian              
 measures are going to eliminate suffering, but from a conservative            
 viewpoint, the bill is also important because it loosens the grip             
 of government on our lives.  This is a bill that expands the rights           
 of Alaskans, one individual at a time.  The most important concept            
 in this bill, aside from compassion, is individual autonomy.  It              
 gives terminally ill Alaskans, but only those who want it, a means            
 of seeking an end to suffering in a humane manner.  This bill gives           
 the physicians, but only those who want it, the ability to respond            
 favorably to requests for aid in dying.   HB 371 does not ask                 
 anyone to abandon their personal belief that assistance in dying is           
 immoral or wrong.  It expressly recognizes the absolute right of              
 any Alaskan opposed to assistance in dying, to flatly refuse to be            
 involved in the procedures outlined in the bill.                              
                                                                               
 MR. BERKOWITZ said a quick review of the provisions of the bill               
 makes it clear that everything in it is designed to ensure careful,           
 thoughtful and voluntary decision making.  There are several strict           
 requirements: 1) that the attending physician determine that the              
 condition is terminal; that the patient is mentally competent and             
 (indisc.) is voluntary; 2) that a consulting physician confirm the            
 above and there be a written request witnessed by two disinterested           
 individuals who do not stand to gain from the patient's death; 3)             
 multiple requests at least 10 days apart; 4) the attending                    
 physician counsel the patient regarding available alternatives; and           
 5) that the medication be self-administered.  If those procedures             
 are followed then and only then, the physician is exempt from the             
 existing law which makes assisting in suicide a class A felony;               
 manslaughter.  It is important to remember that the bill does not             
 modify existing law regarding assisted suicide except in this one             
 specific respect.  Supporting this bill does not mean you are                 
 supporting suicide.  In conclusion, Mr. Berkowitz said the time has           
 come to limit the role of the state in a matter which with proper             
 safeguards, can and should be solely decided between the physician            
 and the patient.                                                              
                                                                               
 Number 420                                                                    
                                                                               
 ARTHUR CURTIS, Minister, testified from Anchorage that he has lived           
 in Anchorage for the past 6 1/2 years.  He had two points he wished           
 to make to the committee:  First, sometimes people object to a bill           
 like this because they say it is a "slippery slope"; that allowing            
 a physician to assist somebody to die will bring other sorts of               
 assisted suicides or it will lower the quality of life in our                 
 society by emphasizing death.  It seems clear to him from his own             
 review of the legislation and from Mr. Berkowitz's testimony that             
 there are all sorts of safeguards that do not put us on a "slippery           
 slope."  It is very clear this is not suicide; this is assistance             
 in dying for a person who knows he or she is already dying.  It is            
 not to be compared with other sorts of death.  His second point was           
 that our attitudes have changed on the question of suffering.  In             
 the (indisc.-paper shuffling) tradition, suffering was often                  
 thought to have redeeming value, but it is obvious from the                   
 testimony presented today the degrading suffering at the end of               
 life has no redeeming value, neither for the person suffering it              
 who is about to die nor for the relatives and friends who care for            
 this person.  He felt it is very clear that we have come to realize           
 this sort of suffering is different and this particular legislation           
 would allow us to prevent that sort of degrading suffering.                   
                                                                               
 Number 509                                                                    
                                                                               
 DR. RODMAN WILSON, Acting Executive Director, Alaska State Medical            
 Association (ASMA), testified via teleconference from Anchorage.              
 His testimony was presented on behalf of the Alaska State Medical             
 Association; however, the association does not yet have a position            
 on HB 371 and may discuss it further at their annual meeting the              
 following Saturday.  Although the ASMA is sympathetic with the                
 situations that people have experienced, they do have some problems           
 with the bill.  The first problem is that "terminal" is not                   
 defined.  They have a problem with furnishing medication which                
 apparently will be given orally.  He referred to a letter written             
 to Representative Brown from a doctor in Kodiak regarding this                
 problem.  He said it is sometimes hard to kill a person orally if             
 the person is vomiting, if they are not absorbing the medication,             
 or for whatever reason it just might not work.  He commented that             
 intravenous can be effective and quick.  The other consideration is           
 that ASMA is not sure there are very many doctors in Alaska who               
 will choose to participate in a death of a person this way.  There            
 may be a handful who will, but it may be very difficult to find a             
 doctor to go along with this, thereby making it difficult to refer            
 a patient on to another doctor.  Dr. Wilson concluded he suspects             
 that general culture is ahead of professional cultural on this                
 topic, but he's not quite sure that Alaska doctors are ready to go            
 along with this.  He reiterated ASMA does not have a position yet             
 and he cannot say whether they will support, oppose or be neutral             
 on this legislation.                                                          
                                                                               
 Number 670                                                                    
                                                                               
 KENT LEE WOODMAN, Hemlock Society, said "Senator Jacob Javits, Vice           
 President Henry A. Wallace, composer Dimitri Shostakovich,                    
 heavyweight boxing champion Ezzard Charles, actor David Niven,                
 Charlie Mingus, Stephen Hawking, Lou Gehrig, Representative Brian             
 Porter's father and me, Kent Lee Woodman.  I like to think that I             
 was added to that list of dead or dying suffers of ALS sufferers to           
 add some class to it."  Amyotrophic Lateral Sclerosis has been                
 diagnosable for about 125 years.  So far it has always been fatal;            
 there is no treatment.  In this disease, the nerve endings lose               
 their ability to transmit electrical signs to the muscles.  A                 
 person becomes weaker and weaker until they are confined to a                 
 wheelchair, then to bed, then connected to tubes and a ventilator.            
 Then, if you haven't been hit by a People Mover bus, you die from             
 respiratory failure.  There are short term versions of the disease            
 where a person lasts from 18 to 30 months, and a longer version.              
 Mr. Woodman is just beginning his ninth year.  He said that's all             
 he would say about his own personal problems, but he wanted the               
 committee to be informed because it says a lot about his clarity of           
 thought on the instant matter.                                                
                                                                               
 MR. WOODMAN said he would not go over the bill in detail, but                 
 wanted to talk about perspective and to discuss some of the                   
 opposition that may be heard as this bill goes through the process.           
 There are nine states with bills; 26 states doing something in the            
 area of forming bills.  Oregon's legislation passed last year, but            
 it has been challenged by the losers and it is headed for the                 
 Supreme Court.  The up side is that Representative Brown and                  
 Alaskans for Death with Dignity had the advantage of all of those             
 bills, all the arguments, all the challenges, and all the nay-                
 sayers, and have crafted a very carefully prepared document.                  
 Alaska could be the first state in the Union to get such a measure            
 in place and actually working.  Mr. Woodman pointed out that in no            
 state in the United States is it against the law to commit suicide.           
 A person is free in the 50 states, the District of Columbia and all           
 the Territories to perform a "38 caliber tonsillectomy", examine              
 the insides of their wrist with a razor, tune up their car with the           
 garage door closed, etc., and it's not even a misdemeanor.  A                 
 person can try and fail miserably and then the public funded folks            
 come out and clean up , pump the person out or fix them up and they           
 are frequently in much worse shape than before.  Strangely enough,            
 if you help someone commit this non-offense, you face a felony rap.           
 This constitutes the only legal action a person can take which                
 develops a felony conviction for helping.                                     
                                                                               
 MR. WOODMAN continued that individuals who support this bill abhor            
 suicide.  It may sound strange, but he said it goes against his               
 personal ethics and it's potentially a waste of a person's ability            
 and potential contribution to society.  Suicide is the taking of a            
 life when there are other options.  Suicide is copping out when you           
 are depressed, such as the loss of a job, a lover or lots of money.           
 Some counseling can start the reversal of one's fortunes until they           
 find the guts to reach down and grab their bootstraps and pick                
 themselves up and start participating in the program again.  Mr.              
 Woodman emphasized this bill is not about suicide.  This bill is              
 not about ending life - it's about ending death.  Those few                   
 Alaskans who will avail themselves of the benefits of this bill               
 will already be dead by the time they make the option.  They are              
 terminal, they are suffering, they know they can no longer                    
 contribute, and they face their own hell of physical pain and the             
 awful internal pain of humiliation and frustration at not being               
 able to even handle their own toilet activities, let alone make a             
 contribution to society.                                                      
                                                                               
 MR. WOODMAN commented that he had read a touching account by the              
 widow of an AIDS patient who watched her husband go through a                 
 horrible last seven months of his death.  He wasted away to 70                
 pounds, lost bodily functional control, and was in terrible pain.             
 He wanted to leave and see what happens next, but he was forced to            
 go through this debilitating punishment.  His wife watched all that           
 she had known and loved wither away.  She watched his strength                
 disappear and was left with haunting memories instead of the few              
 good ones that mourners are supposed to have for comfort.  Her                
 comment was that all the do-gooders who insisted that this public             
 humiliation, pain, debilitation and agony must continue never came            
 to the hospital to visit.  None of them offered any support or                
 helped pay the doctors or hospital bills; they were all safe and              
 snug in their homes absolutely certain they knew what was best for            
 all the rest of us.                                                           
                                                                               
 MR. WOODMAN recalled that his mother, Betsy Woodman, was a vibrant,           
 creative, energetic woman.  When his father and he were at the                
 hospital and the chaplain came in and said she didn't make it                 
 through emergency surgery after an automobile accident five years             
 ago, the doctor asked if we wanted to go in and say good-bye.  I              
 determined not to go in.  My mother was already gone and I wanted             
 the freshest memory of just the day before when she was planning a            
 trip, counseling him on a personal problem, researching an article            
 and fixing a great meal.  He did not want to replace those memories           
 and his vision of his mother with a battered vessel that used to              
 house her.  He has never regretted that decision.  Lots of people             
 do not have that option.  A physician who spoke to their group last           
 fall pointed out that when parents were kids, they expected to live           
 to perhaps 55 or 60.  Folks 75 years ago usually died a lot faster            
 from accidents, injuries and quick-acting diseases.  Improvements             
 in medical research, technology, baby formula and pharmacology have           
 allowed us to look forward to life at 70+, but there is a change              
 coming over the country.  Just like the "graying of America" we see           
 more and more folks dying from chronic diseases and frequently                
 taking months and years to do it.  In fact, today and more and more           
 in the future, there will be more people lying in beds with tubes             
 poked in them while they wither away from a whole raft of diseases            
 which offer drawn out, painful deaths.  In short, new problems                
 require new solutions -- no different than the urgency in                     
 overhauling our Social Security System due to the rapidly changing            
 demographics.                                                                 
                                                                               
 MR. WOODMAN continued there are those people who insist that                  
 suffering until the last ounce of life is snuffed out through                 
 extreme pain is what "God intended."  Some people even feel that              
 this end of life suffering is the price of admission to their Val           
 Halla.  He said he supports their view and their right to have it;            
 he will help to defend their right to discuss it, prosthelitize it            
 and practice it.  It is indeed unfortunate for those people who are           
 heading for an alternative Val Halla where the admission price is             
 different.  He does not share their position.  He resents any                 
 effort to have the government force their religious, ethical or               
 moral position and practices on him.  He has his own and they are             
 no less noble.  He seeks a level playing field.  As the law is now            
 written, everyone must follow their code and if public opinion              
 polls can be believed, they are in the minority.  He seeks to amend           
 the law to allow him to exercise his own moral, religious and                 
 ethical options about his own dying process.  Different from the              
 opposition, however, what he seeks is a change that would allow us            
 all to exercise our own principals, while the opposition would wish           
 to retain laws that favor only theirs.                                        
                                                                               
 MR. WOODMAN said he would like to explode a pair of opposition                
 myths which the community will hear:  One is the "slippery slope"             
 which was just discussed.  He remarked you can hear the frenzied              
 wringing of hands and people saying "oh sure, we pass this one now            
 and tomorrow Dr. Kevorkian will set up shop in Spenard."  That's as           
 illogical as it is preposterous, but it is a common thread of the             
 opposition whose true motive is their religious beliefs.  That same           
 line of argument could be "oh sure, pass a law today to offer                 
 assistance to homeless people, and tomorrow everyone will be on               
 welfare."  That's preposterous.  Each new piece of proposed                   
 legislation will have its own total public hearing and debate.  If            
 someone comes along in a year or two and proposes a change to the             
 new legislation, he or she will have to go through all the motions,           
 provide all the arguments, set aside the debate.  There isn't any             
 relationship.  He urged the committee to listen to such arguments             
 closely and see if there are any redeeming qualities to them or if            
 they are pure, illogical emotionalism.                                        
                                                                               
 MR. WOODMAN stated the second myth is the one of religious, ethical           
 or moral authority.  When a member of the religious right makes               
 what appears to be a factual statement, remember that he or she is            
 only stating his or her opinion.  Religious leaders are sharing               
 with you their slant on their code of ethics and their religious            
 teachings.  What preposterous egos they must have.  Out of 200+               
 religions in the world, what makes them think theirs is the center            
 of the universe.                                                              
                                                                               
 MR. WOODMAN concluded the bottom line is:  Why should government              
 attempt to referee such a match  Government has no place in the               
 battle at all and public legislation has no place in it either.  If           
 anyone says that he has a vested interest in this legislation, it             
 wouldn't help him at all.  By the time he needs it, he won't be               
 able to swallow.                                                              
                                                                               
 Number 1120                                                                   
                                                                               
 JANET OATES, Representative, Sisters of Providence Health System,             
 referenced Mr. Woodman's testimony and said she thought it was                
 interesting that he is concerned about his rights and government              
 interference in his life; they share that same concern.  Providence           
 Health System sees this legislation as being very involved with               
 their activities.  Needless to say, Providence Health System is               
 opposed to this bill.  She wanted to reinforce some of the comments           
 that were made earlier and add a few.  Providence Health System               
 does recognize the right and responsibility of each person to make            
 decisions regarding their medical treatment.  However, they feel              
 that the growing public support for assisted suicide is the result            
 of several underlying fears about dying.  Most of those fears have            
 already been mentioned:  fear of losing dignity and control in a              
 dying process, fear of unrelieved pain, fear of being a burden to             
 one's family and friends, and abandonment by family and friends.              
 In response to those fears, Providence Health System has seen that            
 they can be addressed by providing an environment in which dying              
 people are treated with respect, able to have a loved one present,            
 have care givers who are attentive to the patient's wishes and                
 needs, given appropriate and enough medication and other                      
 therapeutic interventions to reduce or eliminate pain.  She thought           
 they would be the first to acknowledge that the health care system            
 has done a lousy job in dealing with the issue of pain and symptom            
 relief.  The Sisters of Providence Health System does business in             
 Washington, Oregon and California so they are very familiar with              
 the initiatives that have been introduced.  It became a challenge             
 to them, not by just saying this is wrong, but how can we make this           
 better.  Medicine has a tendency to see death as a failure and then           
 to over-treat it or to abandon the dying.  As a health system,                
 they've been looking at ways to promote the provision of effective            
 pain and symptom relief.  Just this past week, another physician              
 joined their medical staff who specializes in pain management.                
 Providence Health System is expanding their pain management program           
 because they have seen this to be a real need.  A number of                   
 religious health care organizations have developed a list of goals            
 to address the issue.  She noted that the universities in both                
 Washington and Oregon medical schools are teaching physicians more            
 about pain management by making it a part of the required studies.            
 She thought that was an area that Providence Health System needed             
 to look at before they take physicians on staff.  She invited                 
 committee members' participation in educational direction in                  
 Alaska.                                                                       
                                                                               
 MS. OATES said they think advanced directives are an under-utilized           
 opportunity to prepare for end-of-life decisions.  She mentioned              
 the federal mandate that every patient who is admitted has to be              
 notified of their rights to make advanced directives.  They provide           
 both material and pastoral care social workers who are able to                
 explain those options.  They encourage people to make those                   
 decisions well in advance before they can no longer make them for             
 them for themselves.  Those decisions and preferences of patients             
 are honored in accord with existing legal and ethical standards,              
 whether it's to provide, withhold or discontinue medical treatment            
 including tube feedings.  Specifically, Providence Health System              
 opposes the bill for a number of reasons.  She shared some thoughts           
 with committee members:  "Assisted suicide, and they see this as              
 assisted suicide, is a flight from compassion, not an expression of           
 it.  It should be suspect not because it's too hard, but because it           
 is too easy."  She expressed concern that this may be a quick fix             
 as well as passing the buck.  She has heard many times that it is             
 shifting this fearful responsibility to physicians rather than                
 taking individual action or action for family members.  They view             
 it also as an erosion of the physician/patient relationship which             
 is what happens when health care becomes simply a business.                   
 Patients are losing trust in institutions and physicians because of           
 the fear they are no longer there to provide or advocate for                  
 appropriate treatment and relief of their pain, but rather worry              
 about the bottom line - income.  Legislation of this nature takes             
 away compassionate support for people when they are most                      
 vulnerable.  Providence Health System fears this will reinforce few           
 that dying people are a burden to society.  Ms. Oates asked                   
 committee members to imagine a frail, elderly woman already feeling           
 that she is an emotional and financial drain on her family,                   
 wondering to herself "do they want me to ask for it now?"                     
                                                                               
 MS. OATES read the following statement:  "As personal and private             
 as the act of dying is, each of our deaths is shaped in very real             
 ways by social and institutional forces.  The symbolic significance           
 attached to death is derived from religious and cultural realities            
 that precede and survive individuals.  Thus, the social                       
 arrangements that attend death are formative and defining.  The way           
 a person dies is not only of importance to him or her, but is of              
 importance to the society at large, now and in the future.  To                
 sanction physician assisted death by giving it legal approval would           
 introduce a radical social change."  She questioned whether we are            
 ready for that radical social change.                                         
                                                                               
 MS. OATES said Providence Health System has some specific concerns            
 about the language of the legislation.  They are concerned that               
 institutions and physicians who are unwilling to participate in               
 this process are essentially obligated to find alternative                    
 providers.  She echoed Dr. Wilson's comment that it may not be very           
 easy to find those providers.                                                 
                                                                               
 TAPE 96-8, SIDE A                                                             
 Number 046                                                                    
                                                                               
 CHARLES ROHRBACHER testified he is an artist, social democrat, not            
 part of the religious right, and he's a catholic.  He has an aunt             
 who is currently dying of cancer and his family has wrestled with             
 this question of supporting her during this last year.  She has               
 experienced a lot of pain and the family has worked closely with              
 her physicians and Hospice Home Care to support, help and comfort             
 her as she's gotten sicker and closer to dying.  Mr. Rohrbacher               
 testified in opposition to HB 371.  There are two aspects of the              
 bill that he wished to address.  First, it seemed to him that if              
 this bill passed, it would create a bias in favor of death.  When             
 speaking of eco-systems in terms of species having a difficult time           
 surviving, he feels we live in a social eco-system and need to be             
 thinking about the broader impact of this type of legislation.  He            
 thought this bias in favor of death would continue to pervade our             
 society.  The right to die may well be transformed by social,                 
 economic and family pressures into an obligation to die.  Given the           
 present failure of our society to ensure an even minimal right to             
 decent health care for every person, and a political culture in our           
 time that increasingly is willing to sacrifice the needs of the               
 poorest and the most defenseless of our fellow citizens to the                
 dubious necessities of a balanced budget, it would be naive to                
 believe that the terminally ill, elderly and the disabled would not           
 feel increasing and eventually overwhelming pressure to cease being           
 a burden on others.  In addition, he believes it would allow those            
 individuals who are not sick, aged or disabled to shirk their                 
 necessary duty to lovingly assist, comfort and care for the sick.             
 This legislation, if passed, would dramatically undermine the                 
 already attenuated bonds of solidarity between economic and social            
 classes, between the young and the old, and between children and              
 parents.  Furthermore, he believes that this legislation, despite             
 its good intentions, simply reinforces an already far too pervasive           
 valuation of human life, based on an arbitrary determination of               
 that person's social or economic utility.                                     
                                                                               
 MR. ROHRBACHER said secondly, he believes this legislation by its             
 very nature, subverts the doctor/patient relationship, transforming           
 the physician who at present is ethically bound to do only good for           
 their patients into their potential executioners.  It is already              
 outrageous that physicians in some states participate in the                  
 execution of condemned prisoners.  This bill would make this                  
 practice so far confined to the executioner chamber, widespread               
 throughout our society.  He commented what is most disturbing about           
 this proposed legislation is what it says about who we are as a               
 society.  We seem to be prepared to help the sick and the elderly             
 die with dignity, yet we are less and less willing as a society to            
 help these same persons live with dignity.  As with the death                 
 penalty, abortion and our headlong race to cut the budget at the              
 expense of our poorest and most defenseless citizens, we seem ready           
 and even eager to embrace easy life-denying solutions rather than             
 to make the hard choices and sacrifices that are necessary so that            
 all persons may live and die with dignity and respect.                        
                                                                               
 Number 398                                                                    
                                                                               
 BARBARA TURNER testified that her concern regarding the proposed              
 legislation was on page 10, Section 14.  Her disability is cerebral           
 palsy and had lived in a nursing home for awhile.  She would not              
 want the option of being put to death because morally it would be             
 wrong.  She would not want that choice.  She wants to live as long            
 as she can with as much dignity and independence as possible.  She            
 would not want someone getting rid of her if they decided to do so.           
 She feels this legislation is just one step away from allowing a              
 person to just get rid of the problem.                                        
                                                                               
 Number 516                                                                    
                                                                               
 DONNA BURNETT testified she is definitely opposed to this                     
 legislation because she takes care of her sister, Barbara Turner,             
 who is terminally ill.  She foresees other things happening if this           
 bill becomes law that could lead to other practices.  We all have             
 a right to make the choices that we make but she asked, isn't it              
 God that gives us the first choice.  He is the one who chooses how            
 we are, how we are going to live and how we are going to die.  She            
 commented she has had a lot of deaths in her family and is                    
 certainly aware of the suffering, but it is her belief that we                
 should be giving these people life and a way of happiness, not only           
 spiritually, but physically as well.  They have a right to be                 
 treated with dignity, a right to live and should be treated as                
 people who need our support.  This legislation gives the terminally           
 ill who choose to die a way out because they think there's no hope.           
 There is hope in Jesus Christ and in us if we allow it.                       
                                                                               
 Number 658                                                                    
                                                                               
 FATHER MICHAEL NASH, Catholic Bishops of Alaska, testified on                 
 behalf of himself, the Catholic Diocese of Juneau, Archbishop                 
 Francis Hurley of Anchorage and Bishop Michael Kaniecki of                    
 Fairbanks.  Father Nash stated that some people would say that                
 because we speak from a moral perspective, the Catholic Church has            
 little right to be here, but he pointed out the Catholic Church has           
 been very involved in health care in the state of Alaska for the              
 past 100 years.  Most of the first hospitals here were Catholic               
 Hospitals, and even now they have the major medical facilities in             
 Anchorage and Ketchikan.  He expressed his compassion and a deep              
 level of care for people who suffer from terminal illness and for             
 their families.  As a Catholic priest, he has been with the                   
 families of many people and with the individuals who have gone                
 through this very difficult process of dying.  But even so, he felt           
 compelled to say that he believed this bill to be both morally                
 wrong and bad public policy.  He explained that he comes from a               
 moral tradition that has guided Western Civilization for the last             
 1500 years, and which developed such concepts as the common good.             
 There are some people who say "you just want to impose your morals            
 on us," but he thinks that not to include that tradition in a                 
 public debate is a very grave mistake, because it does represent a            
 lot of thinking over a long period of time.                                   
                                                                               
 FATHER NASH said the first thing that concerns him about this                 
 legislation is the fact that it attempts to make the right to die             
 a human right; in fact, speaks of it in the same kind of language             
 as the right to life, liberty and pursuit of happiness.  If we                
 enshrine the right to die as a right under the Constitution, then             
 we have to extend that right to every person in the society.  If we           
 say we are going to allow the terminally ill to die, do we also say           
 to the 21-year-old who is depressed today and will be depressed for           
 the next 20 days, that with 10 days notice we can prescribe the               
 medication that will end their life.  Or do we say no, because we             
 only extend this right to certain classes of people, to the                   
 terminally ill.  Father Nash echoed the comments made by Charles              
 Rohrbacher regarding the need to be faithful to each other and not            
 always take the easy way out.                                                 
                                                                               
 FATHER NASH stated he has a concern about HB 371 involving the                
 medical profession in this process of assisted suicide.  One of the           
 complaints today of terminally ill patients is that doctors and               
 medical staff tend to pull away from the patients and leave them              
 isolated when they know they are dying.  If that medical staff is             
 going to be responsible for actually administering or providing the           
 means to death of assisting in their suicide, essentially being an            
 agent of their death, how much more will the medical staff                    
 withdraw.  Father Nash commented that we've heard horror stories              
 today of suffering.  Recently, a physician friend of Father Nash's            
 told him categorically that pain can be controlled and that                   
 advances are being made every day.  He noted that testimony had               
 previously been given that pain can't be controlled, but he tends             
 to believe his physician friend.  He expressed concern, however,              
 for the terminally ill person who wants to live with this pain                
 control, if this bill comes in to effect.  His fear is if we offer            
 people the opportunity to die, we won't make a strong effort to               
 provide good pain control.  In other words, if this is a simple way           
 out, then we simply may not provide the level of pain control for             
 the person that wants to live could have.  We won't expend our                
 resources in that direction; we'll expend them elsewhere.  He noted           
 that resources is another problem.  He fears that the right to die            
 could very quickly become the duty to die for those individuals who           
 are economically disadvantaged.  As health care resources become              
 more and more scarce, he is concerned that the people who won't be            
 given the resources are the most vulnerable among us.  Those are              
 going to include many of the elderly, terminally ill, and many of             
 the severely mentally ill.  This option may be given to them as an            
 easy way out.  They will be encouraged to take that final exit.  He           
 commented he knows that is not the intention of the sponsors of               
 this bill.  This bill is sponsored by individuals who come with               
 compassion for one category of persons.  Father Nash is speaking              
 for the other category of people; the other people who will be                
 affected by this bill just as sure as can be.                                 
                                                                               
 FATHER NASH said his final concern was the "slippery slope".  In              
 World War II, the Dutch physicians were the only physicians in                
 Nazi-occupied Europe, who categorically refused to do euthanasia.             
 All the rest of the physicians bent to the pressure from the Nazis            
 to practice euthanasia especially with the mentally ill.  Ten or              
 fifteen years ago, when assisted suicide in Holland became a matter           
 of practice and was legitimized by the courts, there were very                
 special safeguards put in place.  In just about 12 years, those               
 safeguards have eroded to the point where recently when a woman was           
 put to death by a physician, it was done without her or her                   
 husband's consent, and done only at the request of her children.              
 The physician who broke most of the safeguards wasn't taken to                
 court and convicted of this crime, but was punished by a sentence             
 of 3-months in jail, which was all suspended.  In other words, the            
 courts simply acceded to this extension from the assisted suicide             
 program.  He remarked that it only took 12 years to get to that               
 point.  He believes the slippery slope argument is a valid argument           
 and that we will watch people die involuntarily, either through               
 court action or through simple inattention.                                   
                                                                               
 Number 1118                                                                   
                                                                               
 ROGER SNYDER said he sincerely believed the motivation for this               
 legislation is compassion for the hard cases.  He noted however,              
 that we lack a broad experience with assisted suicide in this                 
 country.  Proponents of this bill can only speculate about its                
 value or its consequences to individuals or to society.  He                   
 believes the implications of this bill are being missed, and that's           
 why he is opposing it.  If this legislation is passed, very soon              
 the courts, not legislatures, will decide that we can't                       
 discriminate; that the right to die must be applied to all, not               
 just the terminally ill but to everyone including minors without              
 parental consent.  For newborns or patients unable to communicate,            
 others will decide for them and how will legislation control the              
 selfish motives involved in that.  Mr. Snyder said the biggest                
 problem with this bill is opening the door to the consequences no             
 one wants.  He noted that abortion was first legalized as a                   
 compassionate response to hard cases.  When that happened, who                
 would have predicted 23 years ago, abortion on demand for any                 
 reason, at any time during the pregnancy, or for minors without               
 parental consent.  While he was not before the committee to testify           
 on abortion, he thought there was a lesson to be learned about the            
 evolution of law in this country.  He truly believes that                     
 euthanasia will follow that ever-widening path.  Speaking to                  
 committee members he said, "You, for all your good intentions and             
 compassion will not be able to control the consequences - the                 
 expansion, once you establish the legal precedence."  Individuals             
 who scoff at the slippery slope will not change the reality and the           
 truth of it.  He pointed out the bill has been very carefully                 
 phrased to prevent abuses, but isn't the legislature making new               
 laws to deal with creative abuses of existing laws.  This bill                
 opens a pandora's box, for all its compassion and desire to help              
 suffering, of abuses involving death; voluntary and then                      
 involuntary.  He spoke of the Netherlands where voluntary                     
 euthanasia has been practiced for about 10 years.  They have                  
 experienced exactly the downward cycle that individuals have been             
 expressing.  One report found that half of the physician assisted             
 suicides in the Netherlands come without the consent of the                   
 patients.  Many of the elderly and severely ill people there will             
 not go to doctors or hospitals anymore.  Mr. Snyder said that is              
 not the kind of health care reform that any of us are looking for.            
 Support for legislation of this nature very often comes from people           
 who are fearful of prolonged suffering and who believe that the               
 only alternatives are great suffering or a drug-induced stupor of             
 some kind.  He emphasized that is not true, although he believes              
 that in a very inhumane and undignified way, those fears are being            
 used to manipulate people to support legislation like this.  Surely           
 there are better ways to deal with suffering at the end of life               
 than legalizing killing.  Let's not send a message that we solve              
 our problems by killing problem people.  Proponents speak of                  
 privacy, the right to die, the right to do with their own life what           
 they will.  Those are important rights to a point, but he believes            
 that the point before you is the point that we endorse death as               
 good social policy.  You cannot make good public policy out of the            
 hard cases, no matter how hard or emotionally wracking they are.              
 Euthanasia laws will become a murder weapon in the hands of people            
 who want to use them for such.  It will become so, if we allow                
 emotions to overrule good judgment about the real social costs,               
 about the real way things evolve in our society.  The truth is that           
 the right to die ultimately is the right to kill and you, as                  
 legislators, have a say in preventing anyone from being given that            
 right.                                                                        
                                                                               
 Number 1500                                                                   
                                                                               
 MIKE MONAGLE testified on behalf of the Juneau chapter of the                 
 Knights of Columbus, which is a Catholic men's organization.  The             
 local membership is about 120 members and the international                   
 membership is over 1.2 million men.  First he addressed the title             
 of the bill, "The rights of the terminally ill."  Certainly no one            
 is going to say they are against someone's rights, especially not             
 the terminally ill.  However, what would the focus be if the title            
 was changed to "The right to kill the helpless."  For individuals             
 who think that's a rhetorical question, he cited some statistics              
 released by the Dutch government in 1991 from the Remmelink study,            
 after Professor J. Remmelink who was the Attorney General for the             
 High Counsel of the Netherlands.  The results of that study are as            
 follows:  The total number of people euthanized in 1990 was 11,840            
 who died by lethal overdoses or injections.  Of the 11,840 people             
 euthanized, 1,040 of those deaths were classified as involuntary,             
 which means that doctors killed patients without their written                
 consent.  Fourteen percent of the 1,040 were judged to be                     
 incompetent; 72 percent had not discussed terminating their lives;            
 and in 8 percent of these cases, doctors admitted that viable                 
 options were available.  In 45 percent of the 11,840 people                   
 euthanized in 1990, the patient's family had no knowledge that                
 their loved ones were terminated by a doctor.  Not considered in              
 that study, but through available information, was that 8,100                 
 patients died as a result of lethal doses of pain medication; thus            
 allowing physicians to avoid the paperwork, the scrutiny and the              
 reporting requirement set out by the courts.  In 61 percent of                
 these cases there was no express patient consent.  One of the most            
 flagrant examples of this abuse of the helpless was the case of a             
 woman who, in her youth, had lost two of her children.  When she              
 was 50 years old she lost her husband.  She attempted to commit               
 suicide, went to the care of a psychiatrist to whom she expressed             
 her desire to commit suicide.  The psychiatrist gave her a lethal             
 dose of barbiturates and she committed suicide.  The Dutch                    
 government brought charges against the doctor, but he was found not           
 guilty.  In its decision, the court ruled that doctors could                  
 involuntarily euthanize a patient if they could adequately argue              
 that this is what the patient would have wanted.  He pointed out              
 the Dutch study is not the only in-depth study that has been done.            
 The federal government of Canada has also considered whether to               
 pass a physician assisted suicide statute and they chose not to.              
 A study was conducted by the Legal Research Institute of the                  
 University of Manitoba and it sustained much of the Dutch findings.           
 A study done by the British Medical Association on the Dutch                  
 euthanasia issue concluded that where death is an acceptable                  
 medical solution, there is little incentive to develop programs               
 which provide modern, available, and effective pain control for               
 their patients.  The Dutch population is roughly the size of                  
 California, yet today there are only two hospice centers in the               
 entire country.  He pointed out some of the effects after 15 years            
 of euthanasia in the Netherlands:  In 1992, the Dutch Pediatric               
 Association issued formal guidelines for killing severely                     
 handicapped newborns stated that for both children and their                  
 parents, an early death is better than life; in 1993 the Dutch                
 court affirmed that euthanasia was a valid practice for psychiatric           
 reasons; some doctors in the country provide self-help clinics for            
 teen-agers who express an interest in ending their lives; Dutch               
 organizations supporting the disabled, now recommend that disabled            
 persons carry "Do Not Euthanize" cards when entering hospitals for            
 medical treatment; euthanasia training is now provided in nursing             
 homes and medical schools; and physicians are helping people commit           
 suicide who suffer from diabetes, rheumatism, multiple sclerosis              
 and even severe bronchitis.                                                   
                                                                               
 MR. MONAGLE concluded that he had previously heard that a lot of              
 thought went into this legislation and there are many safeguards.             
 He asked committee members how they could guarantee that not one              
 person will be killed involuntarily against their will if this bill           
 passes?  How can they guarantee the same abuses that happened in              
 Holland will not happen here in Alaska?  He urged committee members           
 not to pass HB 371.                                                           
                                                                               
 CO-CHAIR TOOHEY announced this bill will be held again on Tuesday,            
 February 13.                                                                  

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