PRESS RELEASE - March 21, 2002
Physicians for Compassionate Care
P.O. Box 6042
Portland, Oregon 97228
(503) 533-8154; Fax (503) 533-0429
www.pccef.org
ASSISTED-SUICIDE HEARINGS SCHEDULED FOR FRIDAY
Friday morning, March 22, 2002, U.S. District Court Judge Jones
will hear arguments in Oregon v. Ashcroft. The parties are expected
to focus on legal issues of jurisdiction and authority.
Dr. Gregory Hamilton, spokesperson for Physicians for Compassionate
Care, said, “It was inevitable that these issues would end
up in federal court. The problem is that the Oregon vote took place
in the wrong place. If Americans had wanted to change federal law
to create an exemption in the Controlled Substances Act (CSA) allowing
the use of federally controlled substances for assisted suicides,
that vote would have had to have taken place in Washington, D.C.,
not in Oregon. Doctors in rare instances have already been denied
federal licenses, because they prescribed controlled substances for
such non-medical purposes. Federal authority already exists in this
area. To remove it would take a vote by both chambers of the U.S.
Congress and signature by the President of the United States, not
a referendum in one state.”
The Justice Department’s nuanced and careful ruling gives
direction to the Drug Enforcement Agency, which has authority to
investigate misuses of federally controlled substances. It clarifies
that aggressive pain management is legitimate medical care even if
in rare instances it may increase the likelihood of a patient’s
death. Both the ruling and letters to doctors clearly state that
doctors’ prescribing practices will NOT be receiving increased
scrutiny. Only the assisted-suicide reporting forms themselves will
be needed. Dr. Hamilton is outraged at attempts by assisted-suicide
advocates to frighten patients by misrepresenting the Justice Department
ruling as creating new investigative authority when the ruling only
adds protection to doctors and patients. “These misleading
scare tactics by assisted-suicide proponents are irresponsible and
unfounded." False claims about investigation of prescribing practices
could themselves cause patients and physicians to be misled, thereby
creating a danger to the public health. Since 1992, ten states have
strengthend laws against assisted suicide and added reassurances
like those in the DOJ ruling. In every case, per capita morphine
use increased the following year. The average increase was more than
50%.
The most recent Oregon Health Division report demonstrates that
there was not one case of assisted suicide in 2001 where uncontrollable
pain was documented as the primary motive. Dr. Hamilton noted, “The
reasons for overdoses were all psychological and social concerns,
not pain.” This is consistent with the Journal of the American
Medical Association (12/13/00) finding that, “Among patients
who were neither depressed nor hopeless, none had high desire for
hastened death” (p.2910). “That’s because we
can treat pain,” Hamilton said. “The problem is depression
and feelings of hopelessness, feelings which can be made worse by
the assisted- suicide proponents’ exaggerated and grotesque
portrayals of the normal dying process.”
The Justice Department ruling protects both doctors and patients.
All statements may be quoted as from Dr. Gregory Hamilton, spokesperson
for PCC, where he is co-founder and past-president. For further information
call Dr. Hamilton at (503) 816-2224. Dr. Hamilton will be available
after the hearing in front of the Hatfield Center for further comment.
|