Oireachtas Joint and Select Committees

Tuesday, 3 October 2023

Joint Oireachtas Committee on Assisted Dying

Assisted Dying in the United States: Discussion

Professor Margaret Battin:

I am happy to respond to many of the claims made before there are too many that are not answered.

I will first respond to the claim about the deaths in Maryland. Please remember that physician-assisted dying – medical aid in dying – is not legal in Maryland. That would be entirely out of the range of the legalisation statute that we are considering.

There is debate about anorexia. I am a member of the ethics committee of the American Clinicians Academy on Medical Aid in Dying, ACAMAID, which has discussed extensively cases of anorexia and whether or not there is such a thing as terminal anorexia. The point is that when one is so far along in this condition, it is very hard or impossible to turn it around because so much physical damage has happened, as I understand it.

On the frequency of physicians - this is not about Oregon, which Dr. Jeanne is clearly limiting his discussion to, as is understood - in California, there was one physician, namely, Lonny Shavelson, who, recognising that California had legalised medical aid in dying but physicians were hesitant about doing so, came out of retirement to found an organisation. When it became evident that other entities were relying on his, I think it was called the Bay Area Clinic for Medical Aid in Dying, and others were simply referring people there, he said “No more”. He stated that if they are committed to their patients and recognise the patients are making a legal request and meeting legal requirements, they should do it. He closed his practice to new patients and now the number of physicians has expanded.

I will also respond to the correct claim that of patients who are given prescriptions in Oregon, 30% do not take them. I think that it is about 30%. Is that right, Dr. Jeanne? There are many ways to read this fact. The most positive way to understand it is that it exhibits the fact that this is a voluntary process.

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