The Legislative Environment and Opposition Action Steps Kathleen M. Gallagher New York State Catholic Conference February 3, 2016
Legislature Senate 63 members One vacancy Slim pro-life majority Assembly 150 members Three vacancies Wide pro-choice majority
Governor Andrew Cuomo
2016 State of the State “Life is such a precious gift, and I have kicked myself every day that I didn’t spend more time with my father at that end period.”
NY Legislation S.5814-A/A.5261-C – “Patient Self- Determination” S.3685/A.2129-A -- “End of Life Options” “Death with Dignity” “Aid-in-Dying”
A person is guilty of manslaughter in the second degree if he “intentionally causes or aids another person to commit suicide.” Assisted suicide bills carve out exceptions to this law. The assisters include: the physician, witnesses, government, health insurance companies, any other facilitators at the time the lethal drugs are ingested. Suicide Assisting
birth \berth\ n… …the leading cause of death
U.S. Supreme Court (Vacco v Quill) “New York's reasons -including prohibiting intentional killing and preserving life; preventing suicide; maintaining physicians' role as their patients' healers; protecting vulnerable people from indifference, prejudice, and psychological and financial pressure to end their lives; and avoiding a possible slide towards euthanasia-are valid and important public interests…”
Preventing suicide Attempting suicide is a cry for help. Depression Society recognizes this as a public health concern, a tragedy…we send first responders. NYS efforts to prevent suicide: classrooms, prisons, bridges. Assisted suicide undermines the consistent message that “Life is Worth Living.”
Persons with Disabilities Assisted suicide sets up two classes of people: those for whom society will prevent suicide, and those for whom society will assist suicide. This double standard is based on health concerns: loss of autonomy and fear of being a burden are generally due to disabilities. This is discrimination.
Maintaining the physician’s role Hippocratic Oath: “First, do no harm.” “I will give no deadly medicine to anyone if asked…” The American Medical Association says aid-in-dying is “fundamentally incompatible with the role of physician as healer” and “would be difficult or impossible to control.”
Protecting the vulnerable Dependent and vulnerable patients will be pressured – by insurance companies, government payers, HMOs, family members – to choose the least expensive course of treatment. “Cost containment” Health insurance in Oregon and Washington covers assisted suicide.
Pressure on the vulnerable In 1994 his Task Force on Life and the Law unanimously rejected physician-assisted suicide.
Slippery slope In the Netherlands, euthanasia was approved first for the terminal, then the non-terminal, first for the competent, then for the incompetent. Lawmakers in Oregon are now trying to legalize assisted suicide for those with a 12-month terminal diagnosis. NYS Bar Association panel in December 2015
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