N.J. ‘Aid In Dying’ Assisted Suicide Bill Passes Assembly Vote

For the second time in as many years, the New Jersey State Assembly has passed a bill that would allow New Jersey physicians to prescribe lethal medication for terminally ill patients. But will the controversial bill manage to gain the approval of the state Senate and Gov. Chris Christie?

On Oct. 20, the Assembly passed A-2451, the “Aid in Dying for the Terminally Ill Act,” by a vote of 41 to 29, with five abstentions. Read the full text of the bill here.

The potential law would “permit a qualified, terminally ill patient to self-administer medication to end their life in a humane and dignified manner.”

However, the bill’s sponsors also took care to avoid labeling it as a legal approval of “suicide” or mercy killings.

“Any action taken in accordance with the provisions of this bill shall not constitute patient abuse or neglect, suicide, assisted suicide, mercy killing, or homicide under any law of this state,” the potential law reads.

If passed, here’s how the bill would change end-of-life options for New Jersey’s terminally sick patients:

• Patients with an “irreversibly fatal illness, disease or condition” that are diagnosed with six months to live or less can ask their doctor to prescribe a lethal medication.
• Patients would have to make the request of their doctors in writing and twice in person, with 15 days in between the first and second oral request. Two witnesses – at least one who is not a relative or named in the person’s will – must be present when the person makes their request.
• The physician would have to give the patient a chance to rescind the request, and a consulting physician would be asked to certify the diagnosis and reaffirm the patient is capable of making the decision.
• Any action taken by a health care professional to participate in the process “shall be voluntary.”

WHAT COMES NEXT?

While passed by a large margin in the Assembly, the bill may face an uphill battle before it becomes state law. The bill now heads to a Senate committee and possibly to the desk of Governor Chris Christie.

A previous version of the Aid in Dying for the Terminally Ill Act, A2270/S382, passed the Assembly by one vote but failed to garner enough support in the Senate.

The Senate version of the current bill, S382, was introduced in July of 2016 and has been referred to the Senate Health, Human Services and Senior Citizens Committee.

Christie has repeatedly vowed to veto similar bills involving terminally ill patients in the past, stating that he has “grave concerns” about a law that would allow doctors to prescribe lethal medication.

“My concern about this issue and the way it’s been proposed and handled so far in the Legislature is I think there’s a real concern on my part about a slippery slope here,” Christie told the Asbury Park Press in 2015. “And I do believe, as I said in my State of the State speech, that every life is an individual gift from God and that no life is disposable – at any stage of life.”

‘LET US DIE’

Earlier this year, two sisters - both Garden State residents suffering from terminal diseases - went public about their support for Aid in Dying for the Terminally Ill Act.

"While our time may be limited, we continue to count our blessings that we can do things, like go to the beach and spend time with our families," one of the pair wrote in an opinion piece for The Star Ledger. "Though we live our days the best we can, a cloud hangs over our heads — the prospect of a drawn out, painful death."

• See related article: Terminally Ill Sisters Plead For New Jersey To Let Them Die
• See related article: Advocates For Bill That Would Allow Terminally Ill To End Their Lives Hold Forum

THE WRITTEN REQUEST

New Jersey patients seeking a lethal prescription would have to submit a request similar to the one below, according to the bill.

I, . . . . . . . . . . . . . . . , am an adult of sound mind and a resident of New Jersey.

I am suffering from . . . . . . . . . . . . . . . , which my attending physician has determined is a terminal illness, disease, or condition and which has been medically confirmed by a consulting physician.

I have been fully informed of my diagnosis, prognosis, the nature of medication to be prescribed and potential associated risks, the expected result, and the feasible alternatives, including palliative care, comfort care, hospice care, and pain control.

I request that my attending physician prescribe medication that I may self-administer to end my life in a humane and dignified manner and to contact any pharmacist as necessary to fill the prescription.

INITIAL ONE:

• I have informed my family of my decision and taken their opinions into consideration.
• I have decided not to inform my family of my decision.
• I have no family to inform of my decision.

INITIAL ALL THAT APPLY:

• My attending physician has recommended that I participate in a consultation concerning additional treatment opportunities, palliative care, comfort care, hospice care, and pain 7 control options, and provided me with a referral to a health care 8 professional qualified to discuss these options with me.
• I have participated in a consultation concerning additional treatment opportunities, palliative care, comfort care, hospice care, and pain control options.
• I am currently receiving palliative care, comfort care, or hospice care.
• I understand that I have the right to rescind this request at any time.
• I understand the full import of this request, and I expect to die if and when I take the medication to be prescribed. I further understand that, although most deaths occur within three hours, my death may take longer and my physician has counseled me about this possibility.
• I make this request voluntarily and without reservation, and I accept full responsibility for my decision.

Photo: Charles Williams, Flickr Commons

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