Judge Stops NJ Right-To-Die Law

NEW JERSEY – The right-to-die law that took effect only two weeks ago is on hold.

A judge has stopped the legislation Gov. Phil Murphy signed in the spring that, he says, will allow terminally ill New Jersey adults to end their lives peacefully, with dignity and at their own discretion. The Murphy administration confirmed the judge's decision to Patch on Thursday.

The bill, which was sponsored by Democratic Assemblyman John Burzichelli and Senator Nick Scutari, made New Jersey the eighth state to allow such end-of-life decisions with the assistance of medical professionals.

Now doctors will be stopped from writing prescriptions intended to assist terminally ill patients. The restraining order was requested by Yosef Glassman, a doctor, and was filed against Attorney General Gurbir Grewal, saying the law will cause "immediate and irreparable damage" to the state.

It's not clear when the courts will revist the law, but documents suggest that it may not come for weeks, in September. The reason for the decision also was not clear in court documents signed by state Superior Court Judge Paul Innes on Wednesday.

Burzichelli told Patch that he hopes the decision will be reversed quickly. "We know that this is sound law," he said.

The bill has had its opponents. At least one Catholic leader has vocally opposed the new law, saying the legislation "follows a dangerous and frightening trend and is a brazen attack against the sanctity of human life."

Bishop James F. Checchio of the Metuchen Archdiocese issued the following statement on the passage of the Medical Aid in Dying for the Terminally Ill Act, which was signed into law by Murphy on April 12 and enacted on Aug. 1:

"The passage of the Medical Aid in Dying for the Terminally Ill Act was a sad day for our diocese and the Church in New Jersey, which has battled against its passage since 2012, when the bill was first introduced. The passage of this legislation follows a dangerous and frightening trend and is a brazen attack against the sanctity of human life."

Here's what the legislation does:

• The “Medical Aid in Dying for the Terminally Ill Act” permits terminally ill, adult patients residing in New Jersey to obtain and self-administer medication to end their lives peacefully and humanely, Murphy said.
• A patient’s attending and consulting physicians must determine that the patient has a life expectancy of six months or less, has the capacity to make health care decisions, and is acting voluntarily, in order for the patient to obtain the medication, according to the Murphy administration.
• The bill defines a "terminal disease" as an irreversible illness that has been medically confirmed and will result in a patient's death within six months.
• It would cover: an adult resident of New Jersey who is capable and has been determined by the patient's attending physician and consulting physician to be suffering from a terminal disease, and has voluntarily expressed a wish to die.
• The bill would require patients suffering from a terminal disease to first verbally request a prescription from their attending physician, followed by a second verbal request at least 15 days later.
• The attending physician would have to offer the patient a chance to rescind the request.
• A consulting physician would then be called upon to certify the original diagnosis and reaffirm the patient is capable of making a decision.
• It would also require one request in writing signed by two witnesses. A valid request for medication must be signed and dated by the patient and witnessed by at least two individuals who, in the patient's presence, attest that the patient is capable and is acting voluntarily to sign the request.
• Only the patient would be permitted to administer the drug to themselves. At least one of the witnesses must be a person who is not: 1) a relative of the patient; 2) entitled to any portion of the estate of the patient; 3) an owner, operator, or employee of a health care facility where the patient is receiving treatment, or 4) the patient's physician.
• The bill requires that the patient's attending physician recommend that the patient participate in a consultation concerning additional treatment opportunities, palliative care, comfort care, hospice care, and pain control options, and provide the patient with a referral to a health care professional qualified to discuss these options.
• The attending physician would be required to document the recommendation in the patient's medical record, and indicate whether the patient chose to participate in the consultation, and whether the patient is receiving palliative, comfort or hospice care.