Oregon Death with Dignity Act
| Measure 16 | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| Allows Terminally Ill Adults to Obtain Prescription for Lethal Drugs | ||||||||||
| Date | November 8, 1994 | |||||||||
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Yes
No
| Measure 51 | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| Would have repealed Measure 16 if successful; referred by legislature | ||||||||||
| Date | November 4, 1997 | |||||||||
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Measure 16 of 1994 established the U.S. state of Oregon's Death with Dignity Act (ORS 127.800-995), which legalizes medical aid in dying (commonly referred to as physician-assisted suicide) with certain restrictions. Passage of this initiative made Oregon the first U.S. state and one of the first jurisdictions in the world to permit some terminally ill patients to determine the time of their own death..
The measure was approved in the November 8, 1994, general election. 627,980 votes (51.3%) were cast in favor, 596,018 votes (48.7%) against. An injunction delayed implementation of the Act until it was lifted on October 27, 1997.Measure 51, referred in the wake of Washington v. Glucksberg by the state legislature in November 1997, sought to repeal the Death with Dignity Act, but was rejected by 60% of voters. The act was challenged by the George W. Bush administration, but was upheld by the Supreme Court of the United States in Gonzales v. Oregon in 2006.
Under the law, a competent adult Oregon resident who has been diagnosed, by a physician, with a terminal illness that will kill the patient within six months may request in writing, from his or her physician, a prescription for a lethal dose of medication for the purpose of ending the patient's life. Exercise of the option under this law is voluntary and the patient must initiate the request. Any physician, pharmacist or healthcare provider who has moral objections may refuse to participate.
The request must be confirmed by two witnesses, at least one of whom is not related to the patient, is not entitled to any portion of the patient's estate, is not the patient's physician, and is not employed by a health care facility caring for the patient. After the request is made, another physician must examine the patient's medical records and confirm the diagnosis. The patient must be determined to be free of a mental condition impairing judgment. If the request is authorized, the patient must wait at least fifteen days and make a second oral request before the prescription may be written. The patient has a right to rescind the request at any time. Should either physician have concerns about the patient's ability to make an informed decision, or feel the patient's request may be motivated by depression or coercion, the patient must be referred for a psychological evaluation.
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