By Peter M. Patricelli M.D.
March 2012 in Of Interest, monthly publication from the Lane County Medical Society
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The Oregon Death with Dignity Act (DWDA), the first in the nation, was finally implemented in 1998 after being passed, twice, in general elections and surviving a Supreme Court review. The law allows dying patients, screened by two physicians and in a time-measured process, to obtain a fatal dose of medication to be self- administered. Since that time over 900 Oregonians have utilized the law at least to the point of a prescription being written and the decision placed solely within their control. All of those patients, regardless of whether they eventually took the medication, lived out their final days knowing that they had day-to-day control of the decision whether to endure and continue or to end further suffering.
The DWDA and physician assistance-in-dying (AID) in general represents, to it’s proponents, recognition of a significant spiritual diversity in approach to the final mechanics of dying NOT addressed by laws based on either dominant religious theology, cultural confusion or denial of the dying process itself, or the momentum of medical treatment or research.
Since passage and implementation of the Act, the challenge presented by many patient’s dissatisfaction with the management of the terminal process has challenged the physician, nursing, and hospice communities, not to mention society as a whole, to re-examine procedures and re-set standards for end-of-life care…to the benefit of all.
In the past four years, a court decision in Montana determined that state law permits a physician, within the boundaries of standard practice, to write a final prescription for a terminal patient. Hawaii appears to have a similar legal framework. Washington passed and implemented a clone of the Oregon law. Hawaii appears to have similar legal framework. Massachusetts has the law on the ballot for November. Canada as a whole is awaiting a national court decision, and the province of British Columbia is considering it’s own decision. In 2011 a national U.K. commission, after visiting Oregon and reviewing Oregon’s experience, has recommended implementation of a Death With Dignity Law in England.
The Oregon DWDA was passed as a complex, double-safety-redundant process to address objections and predictions of doom by it’s opponents. The mechanical demands of the law represent an unfamiliar hurdle for the sympathetic physician and an enormous hurdle for a dying, emotionally distressed patient. The emotional hurdle for the first time sympathetic physician is not to be underestimated. As a result, only those patients who are educated enough and driven enough to push through the barriers, and have enough “time”, actually get to the final prescription. That currently amounts to .2% of the yearly deaths in Oregon. 83% of those who take the medication have cancer and 11% Amyotrophic Lateral Sclerosis.
Compassion and Choices of Oregon (CCO) is a Portland based, largely volunteer group composed of the doctors, lawyers and activists who proposed and shepherded the law through passage. From it’s inception CCO recognized the need for an additional level of support for patients and physicians to implement a new, controversial, complex and unfamiliar process. CCO’s goal is to support terminal patients making non-traditional choices and to make the AID choice, among others, available to dying patients who do or would request it. CCO’s working focus is to promote a consistent application of the law for the best outcome, thus to protect the law from criticism arising from complications that might occur from an inconsistent, unfamiliar process.
CCO’s role has been so central and needed that CCO has played a major role in over 80% of all patients attempting the process. CCO acts as an initial contact and information point for patients, and as a referral, information, and support source for physicians (through primarily physician-to-physician contact). CCO will attempt, if a patient’s own physicians will not participate, to contact and arrange a referral to a sympathetic physician and a consulting physician. CCO will inform and support a physician as to the steps necessary to legally write and deliver the prescription. CCO will recommend to both physician and patient the steps of medication and dose that have proven most effective. CCO will identify the pharmacy willing to provide the medication and contact the pharmacy as to availability and price, an ever-moving target. CCO arranges for trained volunteers to provide continuous support to the patient and family, working always with hospice care and the physician, until death by either mechanism. CCO will provide, at patient and family request, a volunteer to be present to assist in the final steps of mixing the medication, confirming the patient’s final competency and desire to take the medication, the patient’s self-completed act of taking the medication, and support the family in dealing with the after effects, calling the mortuary, etc.
CCO provides all these services at no charge.
In 13 years the numbers of Oregon patients self-identifying and seeking the AID process has averaged between 200-250 per year, and the number actually taking the medication between 45 and 60, on the whole, growing slowly. Those who get the prescription but do not take it consistently express comfort and relief at having an option should severely distressing conditions develop. As palliative treatments and hospice care improves, not the least because of the existence of AID, the percentage of patients taking the medication may decrease….and everyone is satisfied with that. The point is an individualized, patient-directed terminal process as opposed to a legally imposed, culturally and religiously based mandate.
But those numbers only represent those patients most determined to access this option AND given enough time by their illness to negotiate the complex process. Each year a number almost equal to those who took the medication are overtaken by their disease and die or lose the capacity for self-medication while awaiting referral to a willing physician or in the short waiting periods of the law itself. An unknown number may inquire of their treating physicians and, if they receive a negative response and/or no offer of referral, become discouraged and push no further. Their death then conforms, not to their own, but to their physician’s comfort level.
The DWDA process could be completed in 15-17 days. Unfortunately, lacking personal physician involvement, the time frame of finding and getting an appointment with, sequentially, a willing physician AND consultant, and satisfying waiting times actually averages 1-2 months. Those are months of uncertainty and anxiety. The relief comes only when the prescription is finalized and the patient is put back in control.
The message is….discuss ALL options open to the patient at least once and early. And be clear, early, whether you would participate or refer them if that was their choice. And be clear for yourself that, if asked, you could proceed with the considerable support and knowledge base of CCO medical directors behind you and, you could choose to act as either prescribing or consulting physician. The unfortunate time realities dictate that primary physician/specialist willingness, in conjunction with the timing of the request and speed of the disease process, most commonly dictates whether those patients succeed in their goal of choice or suffer an externally imposed process.
From the standpoint of maximizing the availability of the AID option, Eugene and Lane County, despite a highly educated, liberal, and quite supportive population, remains a problem area.
Eugene Area Compassion and Choices of Oregon
The Eugene team of Compassion and Choices of Oregon has responsibility for significantly more than just Lane County. The Eugene team covers patients from Salem to Roseburg, the Cascades to the coast and consists of 13 volunteer members which include 2 retired physicians (myself and Alan Cohn MD), 3 nurses, and the remainder trained personnel, most with a professional background. All initial contact from patients and doctors is encouraged to go through the Portland CCO office and are secondarily referred here.
Each patient is assigned to a team of two volunteers who make telephone contact and schedule the first of, usually, many home visits. The Eugene team encourages, and works closely with Hospice. The most important immediate factor is whether the patient has a sympathetic physician willing to participate as primary or consulting physician.
The Eugene team meets monthly at which time new cases are presented and each team reviews the status and pending issues of their case load. When necessary the team reaches out to known sympathetic physicians for primary or consulting participation. Technical support on issues of medication, timing of doses, and possible interaction with pre-existing medications or treatments is available from both the local and Portland CCO doctors.
The degree of contact by the CCO team can range from a monthly phone call to weekly visits, depending on each case and family situation. In most cases the CCO volunteers become an intimate support element working with both hospice, the family, and the patient to ensure their final wishes and comfort issues are met. Team members are available to respond to any changes in the patient’s condition that might precipitate a decision to take the medication. CCO always attempts, if requested, to provide a team member to assist and support when a patient makes a decision to hasten their dying process.
Conclusion
In the years following implementation until my retirement I was personally involved in 10% of all the cases in Oregon. Locally, Glenn Gordon M.D. and I covered the majority of Eugene and Lane County cases and no request for my participation was ever refused. I found CCO so integral and important for both the patient, family, and myself that I insisted every patient at least contact CCO hoping they would utilize the comprehensive, free service. I am currently on the Advisory board of CCO and a member of the Eugene Area team.
In 2011 three Lane County patients who otherwise qualified never got prescriptions for lack of ability to quickly find doctors. This issue would be solved if sympathetic but currently non-participating doctors, realizing the degree of support available to them, would identify themselves to CCO. A larger pool of participating physicians would spread the load. I could easily envision a formalized group within LCMS that might meet regularly for support and problem solving and to lend support to other doctors contemplating the process for the first time.
It is beyond the scope of this article to present my experience, but a twice reprinted article in the award winning Medical Ethics issues of the Harvard Medicine Journals of 2000 and 2007 summarizes my early experience well – http://harvardmedicine.hms.harvard.edu/doctoring/medical%20ethics/whosedeath.php
There is evidence that Oregon patients who utilize AID mirror the way physicians themselves respond to terminal illness: http://zocalopublicsquare.org/thepublicsquare/2011/11/30/how-doctors-die/read/nexus/
And that the general public, like doctors themselves, is much more interested and willing to limit or reject palliative treatment based on an extend-life-at-all-cost cultural and religious ethic: http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2596594/
Contact information
Compassion and Choices of Oregon – Portland
PO Box 6404, Portland, OR 97228
phone: 503-525-1956
email: contact@compassionoforegon.org
For more information on the legal, ethical and professional aspects of our aid in dying law look at the website: compassionoforegon.org. Select “Services” from the top of the page and click on “For Physicians”.









