1994 Oregon Ballot Measure 16
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Death with Dignity Act: Allows Terminally Ill Adults to Obtain Prescription for Lethal Drugs | ||||||||||
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Would have repealed Measure 16 if successful; referred by legislature | ||||||||||
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Measure 16 of 1994 established the U.S. state of Oregon's Death with Dignity Act (ORS 127.800–995),[1] 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.[citation needed]
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.
Measure 16 Results by County:
County | Yes | Votes | No | Votes | Total |
---|---|---|---|---|---|
Baker | 42.02 | 2,779 | 57.98 | 3,835 | 6,614 |
Benton | 50.57 | 16,376 | 49.43 | 16,006 | 32,382 |
Clackamas | 51.39 | 66,807 | 48.61 | 63,191 | 129,998 |
Clatsop | 52.55 | 7,241 | 47.45 | 6,539 | 13,780 |
Columbia | 52.29 | 8,454 | 47.71 | 7,714 | 16,168 |
Coos | 49.99 | 12,270 | 50.01 | 12,273 | 24,543 |
Crook | 45.66 | 2,932 | 54.34 | 3,489 | 6,421 |
Curry | 55.81 | 5,107 | 44.19 | 4,044 | 9,151 |
Deschutes | 51.12 | 19,245 | 48.88 | 18,405 | 37,650 |
Douglas | 44.74 | 17,560 | 55.26 | 21,693 | 39,253 |
Gilliam | 52.49 | 474 | 47.51 | 429 | 903 |
Grant | 45.65 | 1,552 | 54.35 | 1,848 | 3,400 |
Harney | 43.12 | 1,225 | 56.88 | 1,616 | 2,841 |
Hood River | 49.73 | 3,356 | 50.27 | 3,393 | 6,749 |
Jackson | 51.58 | 33,191 | 48.42 | 31,163 | 64,354 |
Jefferson | 45.44 | 2,312 | 54.56 | 2,776 | 5,088 |
Josephine | 50.04 | 13,672 | 49.96 | 13,648 | 27,320 |
Klamath | 45.04 | 9,430 | 54.96 | 11,508 | 20,938 |
Lake | 42.14 | 1,364 | 57.86 | 1,873 | 3,237 |
Lane | 56.32 | 69,578 | 43.68 | 53,955 | 123,533 |
Lincoln | 60.56 | 10,920 | 39.44 | 7,112 | 18,032 |
Linn | 44.55 | 16,737 | 55.45 | 20,835 | 37,572 |
Malheur | 35.75 | 3,032 | 64.25 | 5,448 | 8,480 |
Marion | 44.80 | 43,284 | 55.20 | 53,330 | 96,614 |
Morrow | 41.04 | 1,202 | 58.96 | 1,727 | 2,929 |
Multnomah | 56.87 | 138,257 | 43.13 | 104,844 | 243,101 |
Polk | 43.60 | 10,070 | 56.40 | 13,028 | 23,098 |
Sherman | 50.52 | 483 | 49.48 | 473 | 956 |
Tillamook | 53.20 | 5,298 | 46.80 | 4,660 | 9,958 |
Umatilla | 42.65 | 7,987 | 57.35 | 10,741 | 18,728 |
Union | 47.19 | 4,690 | 52.81 | 5,249 | 9,939 |
Wallowa | 45.48 | 1,609 | 54.52 | 1,929 | 3,538 |
Wasco | 46.70 | 4,281 | 53.30 | 4,887 | 9,168 |
Washington | 52.25 | 72,268 | 47.75 | 66,047 | 138,315 |
Wheeler | 39.78 | 290 | 60.22 | 439 | 729 |
Yamhill | 44.16 | 12,197 | 55.84 | 15,421 | 27,618 |
Measure 51 Results by County:
County | No | Votes | Yes | Votes | Total |
---|---|---|---|---|---|
Baker | 52.82 | 3,232 | 47.18 | 2,887 | 6,119 |
Benton | 62.61 | 17,039 | 37.39 | 10,174 | 27,213 |
Clackamas | 59.39 | 70,470 | 40.61 | 48,189 | 118,659 |
Clatsop | 61.55 | 7,826 | 38.45 | 4,888 | 12,714 |
Columbia | 60.11 | 9,900 | 39.89 | 6,569 | 16,469 |
Coos | 60.59 | 13,960 | 39.41 | 9,079 | 23,039 |
Crook | 55.61 | 3,370 | 44.39 | 2,690 | 6,060 |
Curry | 65.99 | 5,674 | 34.01 | 2,923 | 8,597 |
Deschutes | 61.43 | 23,475 | 38.57 | 14,737 | 38,212 |
Douglas | 53.88 | 18,598 | 46.12 | 15,920 | 34,518 |
Gilliam | 58.56 | 496 | 41.44 | 351 | 847 |
Grant | 49.74 | 1,554 | 50.26 | 1,570 | 3,124 |
Harney | 49.92 | 1,301 | 50.08 | 1,305 | 2,606 |
Hood River | 57.96 | 3,702 | 42.04 | 2,685 | 6,387 |
Jackson | 58.72 | 34,099 | 41.28 | 23,976 | 58,075 |
Jefferson | 56.98 | 2,834 | 43.02 | 2,140 | 4,974 |
Josephine | 57.99 | 14,955 | 42.01 | 10,833 | 25,788 |
Klamath | 55.44 | 10,348 | 44.56 | 8,318 | 18,666 |
Lake | 51.20 | 1,433 | 48.80 | 1,366 | 2,799 |
Lane | 63.82 | 67,860 | 36.18 | 29,389 | 106,331 |
Lincoln | 69.58 | 11,936 | 30.42 | 5,219 | 17,155 |
Linn | 52.26 | 17,080 | 47.74 | 15,604 | 32,684 |
Malheur | 42.58 | 3,431 | 57.42 | 4,626 | 8,057 |
Marion | 54.00 | 47,227 | 46.00 | 40,229 | 87,456 |
Morrow | 50.63 | 1,336 | 49.37 | 1,303 | 2,639 |
Multnomah | 65.56 | 142,197 | 34.44 | 74.687 | 216,884 |
Polk | 53.74 | 10,783 | 46.26 | 9,281 | 20,064 |
Sherman | 60.72 | 507 | 39.28 | 328 | 835 |
Tillamook | 64.20 | 6,045 | 35.80 | 3,371 | 9,416 |
Umatilla | 55.57 | 9,669 | 44.43 | 7,730 | 17,399 |
Union | 58.06 | 5,462 | 41.94 | 3,945 | 9,407 |
Wallowa | 52.64 | 1,742 | 47.36 | 1,567 | 3,309 |
Wasco | 56.85 | 4,978 | 43.15 | 3,779 | 8,757 |
Washington | 59.42 | 76,381 | 40.58 | 52,172 | 128,553 |
Wheeler | 50.36 | 352 | 49.64 | 347 | 699 |
Yamhill | 54.45 | 15,023 | 45.55 | 12,568 | 27,591 |
The law
Under the law, any competent adult[5] 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 other healthcare provider who has moral objections has the right to 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
The law protects doctors from
Impact
From the beginning of 1999 through the end of 2015, a total of 1,545 people have had prescriptions written and 991 patients have died from ingesting medications prescribed under the act.[6]
The median age of the 991 patients who died from ingesting medication was 71; 77.1 percent of patients had malignant neoplasms (
An independent study published in the October 2007 issue of the Journal of Medical Ethics reports there was "no evidence of heightened risk for the elderly, women, the uninsured, people with low educational status, the poor, the physically disabled or chronically ill, minors, people with psychiatric illnesses including depression, or racial or ethnic minorities, compared with background populations."[7]
The Death with Dignity Act was the basis of the
According to
Attempts to repeal
In addition to arguments against physician-assisted dying, opponents feared that terminally ill people throughout the nation would flock to Oregon to take advantage of the law. This fear has not been realized, largely because drafters of the law limited its use to Oregon residents.[9] Despite the measure's passage, implementation was tied up in the courts for several years.
In 1997, the Oregon Legislative Assembly referred Measure 51, which would have repealed the act, to the ballot.
Proponents of Measure 51 argued that the Death with Dignity Act lacked a mandatory counseling provision, a family notification provision, strong reporting requirements, or a strong residency requirement.[10] Measure 51 opponents argued that sending the measure back to voters was disrespectful considering they had already passed Measure 16 via the initiative process. They also felt that the safeguards in the Death with Dignity Act were adequate.
Measure 51 was defeated in the November 4, 1997,
Some members of the United States Congress, notably Senator Don Nickles of Oklahoma, tried to block implementation of Measure 16, but failed.[12][13]
In 2002, federal judge
In October 2005, the
See also
- Act 39 in Vermont, the first state to pass a death with dignity law by legislative action
- Assisted suicide in the United States
- List of Oregon ballot measures
- California End of Life Option Act
- Compassion & Choices of Oregon, providing medical consultation and direct service for persons eligible for the Oregon Death with Dignity law.
- Death with Dignity National Center, an organization founded to pass and support the law.
- Massachusetts Death with Dignity Initiative
- Washington Death with Dignity Act, a similar measure passed in November 2008 in the state of Washington
- Baxter v. Montana, a court decision legalizing aid in dying in Montana
- Gonzales v. Oregon
- Washington v. Glucksberg
- Euthanasia in Australia
- Voluntary Assisted Dying Act 2017 (Victoria)
References
- Oregon State Legislature.
- ^ "Initiative, Referendum and Recall: 1988–1995" (PDF). Oregon Blue Book.
- ^ "Oregon's Death with Dignity Act". Oregon.gov.
- ^ "Initiative, Referendum and Recall: 1996–1999" (PDF). Oregon Blue Book.
- ^ "Oregon Health Authority : Frequently Asked Questions : Death with Dignity Act : State of Oregon". www.oregon.gov. Retrieved 19 February 2023.
As of March 2022, the Oregon Health Authority is no longer enforcing the DWDA's residency requirement.
- ^ a b "Oregon Death with Dignity Act: 2015 Data Summary" (PDF). Oregon Public Health Division. State of Oregon. 2016-02-04. Retrieved 2016-04-04.
- ^ Legal physician-assisted dying in Oregon and the Netherlands: evidence concerning the impact on patients in "vulnerable" groups. Battin, P. et al. Journal of Medical Ethics 2007;33:591–597
- ^ "Lord Falconer's Assisted Dying Bill". Dignity in Dying. Retrieved 2015-06-27.
- ^ Howell, Joseph (2006). "Death With Dignity Act 2006 Annual Report". State of Oregon. Retrieved 2007-04-11.
- ^ Voters' Pamphlet Special Election 1997 – Measure 51 Legislative Argument in Support
- ^ Measure 51 election results from Oregon Secretary of State
- ^ Wentz, Patty. "Dignified suicide". Willamette Week. Archived from the original on 2010-01-13. Retrieved 2010-07-07.
- ^ "Senate Bill To Nullify Death With Dignity Act Also Threatens Pain Care Nationwide". Compassion in Dying. Body Health Resources Corporation. Spring 2000. Retrieved 2007-04-17.
- ^ Johnson, Kevin (2002-04-18). "Federal judge backs Oregon suicide law". USA Today. Retrieved 2007-03-18.
- ^ "Oregon V Ashcroft May 26, 2004". 2003. p. 1118.
- ^ Daly, Matthew (2005-07-21). "Assisted suicide defended". The Columbian. Associated Press.
- ^ Christie, Tim (2006-01-18). "Assisted suicide upheld". The Register-Guard.
External links
- Official Oregon Health Authority page on the DWDA with Annual Reports
- Web site in favor of law
- Briefs filed by the state of Oregon in the Oregon v. Gonzales case
- Is the Oregon Death with Dignity Act a good law? Website with pros and cons
- Oregon Voter's Pamphlet Special Election November 1997 – Measure 51 – includes the full text of the measure, and arguments for and against
- The New Atlantis: Ten Years of "Death with Dignity"