1994 Oregon Ballot Measure 16

Referendum on medical aid in dying

Measure 16 |  | November 8, 1994 (1994-11-08) |

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Death with Dignity Act: Allows Terminally Ill Adults to Obtain Prescription for Lethal Drugs

Results

Choice

| Votes  | %

|
|

Yes | 627,980 | 51.31%
No | 596,018  | 48.69%

* * *

Yes: 50-60% 60-70%
No: 50-60% 60-70%

Measure 51 |  | November 4, 1997 (1997-11-04) |

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|

Would have repealed Measure 16 if successful; referred by legislature

Results

Choice

| Votes  | %

|
|

Yes  | 445,830  | 40.09%
No  | 666,275 | 59.91%

* * *

Yes: 50-60%
No: 50-60% 60-70%

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.[2] An injunction delayed implementation of the Act until it was lifted on October 27, 1997.[3] Measure 51, referred in the wake of the US Supreme Court's 1997 ruling in 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.[4] 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.

Measure 16 Results by County:

County  | Yes  | Votes  | No  | Votes  | Total

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|
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|

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

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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

[edit]

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 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.

The law protects doctors from liability for providing a lethal prescription for a terminally ill, competent adult in compliance with the statute's restrictions. Participation by physicians, pharmacists, and health care providers is voluntary. The law also specifies a patient's decision to end his or her life shall not "have an effect upon a life, health, or accident insurance or annuity policy."

## Impact

[edit]

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 (cancer). Of the 991, 51.4% were male (48.6% female); 45.5% had a Baccalaureate degree or higher; 45.3% were married; primary end of life concerns were loss of autonomy (91.6%), inability to make life enjoyable (89.7%), and loss of dignity (78.7%).[6]

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 Washington Death with Dignity Act in 2008. In 2011 the documentary film How to Die in Oregon was released. It won the Grand Jury prize for documentary film at the 27th Sundance Film Festival.

According to Dignity in Dying, Lord Falconer's Assisted Dying Bill, first tabled in the House of Lords in June 2014, "draws on the experience" of the Death with Dignity Act.[8]

## Attempts to repeal

[edit]

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, special election with 445,830 votes in favor, and 666,275 votes against.[11]

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 Robert E. Jones blocked a move by United States Attorney General John Ashcroft to suspend the license for prescribing drugs covered in the Controlled Substances Act of doctors who prescribed life-ending medications under the Oregon law.[14] The Ninth Circuit Court of Appeals affirmed the block, stating that the "Attorney General lacked Congress' requisite authorization".[15]

In October 2005, the U.S. Supreme Court heard arguments in the case of Gonzales v. Oregon to determine the fate of the Death with Dignity law. Arguing on behalf of the state was Oregon Senior Assistant Attorney General Robert Atkinson. Oregon's five Democratic members of Congress also filed a brief in support of the State's position.[16] United States Solicitor General Paul Clement argued on behalf of the Bush administration, which challenged Oregon's right to regulate the practice of medicine when that practice entails prescribing federally controlled substances. On January 17, 2006, the court ruled 6–3 in favor of Oregon, upholding the law.[17]

## See also

[edit]

* 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, song by Sufjan Stevens
* Death with Dignity Act, disambiguation page that lists similar laws
* 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

[edit]

1. ^ "Chapter 127.800–995 The Oregon Death with Dignity Act". Oregon State Legislature.
2. ^ "Initiative, Referendum and Recall: 1988–1995" (PDF). Oregon Blue Book.
3. ^ "Oregon's Death with Dignity Act". Oregon.gov.
4. ^ "Initiative, Referendum and Recall: 1996–1999" (PDF). Oregon Blue Book.
5. ^ "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."
6. ^ 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.
7. ^ 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
8. ^ "Lord Falconer's Assisted Dying Bill". Dignity in Dying. Retrieved 2015-06-27.
9. ^ Howell, Joseph (2006). "Death With Dignity Act 2006 Annual Report". State of Oregon. Retrieved 2007-04-11.
10. ^ Voters' Pamphlet Special Election 1997 – Measure 51 Legislative Argument in Support
11. ^ Measure 51 election results from Oregon Secretary of State
12. ^ Wentz, Patty. "Dignified suicide". Willamette Week. Archived from the original on 2010-01-13. Retrieved 2010-07-07.
13. ^ "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.
14. ^ Johnson, Kevin (2002-04-18). "Federal judge backs Oregon suicide law". USA Today. Retrieved 2007-03-18.
15. ^ "Oregon V Ashcroft May 26, 2004". 2003. p. 1118.
16. ^ Daly, Matthew (2005-07-21). "Assisted suicide defended". The Columbian. Associated Press.
17. ^ Christie, Tim (2006-01-18). "Assisted suicide upheld". The Register-Guard.

## External links

[edit]

* Measure 16, Physician-Assisted Death Initiative (1994) 1994 Oregon Ballot Measure 16 at Ballotpedia
* 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"

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