Oregon Assisted Suicide Now An Option For Out-Of-State Residents

PORTLAND, OR — No longer will people have to live in Oregon in order to receive medical assistance to die in Oregon. A settlement reached in federal court means that the state will do away with its requirement that someone must be a resident to receive medical assistance to end their life.

The settlement ends a lawsuit brought by Dr. Nicholas Gideonse in federal court in Portland.

When the state passed the Oregon Death With Dignity Act — becoming the first state to legalize medical aid in dying, or assisted suicide as it's commonly known — Oregon included a residency requirement.

"Both my patients and I are deeply relieved that Oregon will no longer enforce its residency requirement for medical aid in dying because it severely impaired the ability of my terminally ill patients in Washington to receive the best quality of care without interruption," Gideonse said after the settlement was reached.

Gideonse — who works at Oregon Health Sciences University in Portland, Kindred Hospice in Salem, and Blue Mountain Hospital in John Day — added that "the last thing my dying patients needed was to have to find a new doctor during their final days so that they could get the end of life care they deserve."

Kevin Diaz, the chief legal advocate for Compassion & Choices, which assisted Gideonse in bringing the suit, said that "Oregon has long been the leader in respecting the rights of dying people and state officials swift resolution of this suit is very much in line with these values."

Oregon was the first state in the country to legalize medical aid in dying. Since then, more than half a dozen other states have passed similar laws. Diaz said Oregon's decision to end the residency requirement could affect other states with a similar restriction: California, Colorado, Hawaii, Maine, New Jersey, New Mexico, Washington and Vermont. Washington, D.C., also has a residency requirement.

The suit challenged the residency requirement on the grounds that it violated the privileges and immunities clause of the U.S. Constitution, arguing that that the rule "prevents a state from restricting non-resident visitors access to medical care within its borders absent a substantial state interest and restrictions narrowly tailored to those interests."

Diaz also argued that the rule violated the Constitution's commerce clause by restricting the patients whom Gideonse could treat.

While opponents of changing the law had argued that it would lead to "suicide tourism," Diaz pointed out that most people who are dying are too ill to travel, most people would rather die close to home if not at home, and rules are in place that still restrict who can receive medical aid in dying.

Patients must:

• Twice ask verbally for the medication, with at least 15 days between the requests.
• Submit a written request witnessed by two people.
• Have the patient's doctor and a second doctor confirm on the diagnosis.
• Have doctors confirm that the person is capable of making a life-ending decision.

Also, if at any point a doctor questions whether the patient is dealing with depression or another mental health crisis, the doctor can put the process on hold and order a mental evaluation.

The Oregon Health Authority says that in the 25 years since the law went into effect, around 2,159 people have taken life-ending medications and died.

If you are writing about someone who took his or her own life, be sure to add the boilerplate language below about suicide hotlines.If you are having suicidal thoughts, the National Suicide Prevention Lifeline is available 24/7:800-273-TALK (8255)Spanish line: 888-628-9454TTY: 800-799-4TTY (4889).