Thursday, May 25, 2023
I noted a couple of developments concerning medical aid-in-dying laws that I wanted to share.
First, Vermont became the second state to eliminate the reseidency requirement for aid-in-dying. This change was pursuant to litigation by a plaintiff in Connecticutt. See Vermont Removes Residency Requirement for Medically Assisted Deaths and see VT HB 190, https://legislature.vermont.gov/bill/status/2024/H.190. The language of the bill amending the statute is available here.
And on the other side of the issue of the right to assistance-in-dying, a group in California has challenged their law. Kaiser Family Foundation (KFF) Health News reported last month that Disability Rights Groups Sue to Overturn California’s Physician-Assisted Death Law. The article notes the platinffs' argument that "that recent changes make it too easy for people with terminal diseases whose deaths aren’t imminent to kill themselves with drugs prescribed by a doctor" and that this law and its process "'steers people with terminal disabilities away from necessary mental health care, medical care, and disability supports, and towards death by suicide under the guise of ‘mercy’ and ‘dignity’ in dying,' the suit argues. The terminal disease required for assistance is, by definition, a disability under the Americans with Disabilities Act...." A story about the litigation is available on NPR here.