Legal Status of PAD, October 7, 2015

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Presentation transcript:

Legal Status of PAD, October 7, 2015 ProCon.org, DeathwithDignity.org PAD legal by ballot measure and/or legislative statute in OR, WA, VT, and now California By decision of state Supreme Court in Montana District court decision in New Mexico, which legalized PAS in Bernallilo county was reversed August 11, 2015; likely to be appealed to state Supreme Court, but this decision makes the practice again illegal in the state. Pink: illegal by common law (established by past court decisions) Red: Illegal by statute White: not explicitly addressed Yellow: legislation and/or lawsuit pending Yellow with black stripes: legislation defeated/tabled 2015 Blue: related but different legislative action taken Status as of 10/7/15: Details at http://www.deathwithdignity.org/advocates/national Maine: bill introduced 4/7/15; passed by Joint Health and Human Services committee on vote of 7-5. Passed by House (76-70), defeated in Senate (18-17). New Hampshire: bill “to study end-of-life decisions” introduced 1/8/15; passed in House in March; vetoed by governor. Vermont: while VT passed a PAS law in 2013, it included “sunset provisions” which would have significantly loosened the constraints around the process required to request, prescribe, and administer lethal medications. A bill repealing those sunset provisions, and thus leaving the process constraints in place, was passed and signed into law this session. Massachusetts: bill introduced 1/15/15; hearing scheduled for October 27. Rhode Island: bills introduced 2/12/15 (House) & 3/3/15 (Senate). House bill “tabled for further study” Connecticut: bill introduced 1/23/15, but failed to reach a vote in Senate Judiciary committee New York: Bills to legalize PAS introduced in both House and Senate (2/13/15); parallel “self-determination” bill introduced in House (1/15/15). 2015 session ended; neither bill advanced. Lawsuit pending before state Supreme Court. New Jersey: bill introduced in 2014; passed House; pending final vote in Senate. Media reports suggest bill unlikely to reach a vote in the Senate before end-of-session in January. Gov. Christie vowed to veto. Delaware: bill introduced 5/28/15; “tabled” in committee District of Columbia: bill introduced to District of Columbia council; a public hearing was held on July 10, but no action taken so far on the bill. Maryland: Parallel bills introduced in House and Senate; heard in committee in both chambers. Bill killed April 1 with decision not to vote. North Carolina: bill introduced 4/9/15; referred to Judiciary committee 4/13/15; has not advanced. Tennessee: bill introduced 3/31/15; committees which heard bill in each chamber voted to move to summer study Wisconsin: bills introduced (for 7th time in 20 years) in each chamber (House, 2/11/15; Senate, 3/3/15); referred to respective chambers’ health committees in February, but not so far heard Minnesota: bills introduced in each chamber (Senate, 3/18/15; House, 3/23/15); legislative session ended with no action on the bills. Iowa: bill introduced in House, 1/21/15; stalled in committee Missouri: bill introduced in House 1/7/15; legislative session ended with no action on the bill. Kansas: bill introduced in House 1/28/15; referred to Health committee; legislative session ended with no action on the bill. Oklahoma: bill introduced in House 2/2/15; referred to Health committee; legislative session ended with no action on the bill. Wyoming: bill introduced but quickly tabled and recommended for further study Colorado: bill introduced in House; defeated in Health committee Utah: bill introduced in House; tabled for further study Nevada: bill introduced in House; defeated in Health committee without a hearing California: bill introduced in House, approved by Health, Judiciary, Appropriations committees; passed by Senate on vote of 23-14; pulled twice from hearings in the Assembly health committee. On August 17, the bill was reintroduced in a special legislative session called to consider specific issues related to healthcare financing and transportation. Bill passed in special session and signed by Governor Brown on October 5. Two lawsuits filed in California challenging constitutionality of statutory prohibitions against assisting suicide have been dismissed. Alaska: bill introduced 2/9/15; heard by Health committee in April; status unclear PAD legal PAD legal or not illegal by court decision Illegal by common law Legislative session ended w/o action Explicitly illegal (inc. HI) Legislation defeated/tabled 2015 Legislation and/or lawsuit pending (inc. AK, DC) Other legislative action 1