Assisted suicide bill clears hurdle
Proponents plead for death with dignity; opponents warn of economic pressure to end lives prematurely.
By Jim Sanders - Bee Capitol Bureau
Published 12:00 am PDT Wednesday, March 28, 2007
Story appeared in MAIN NEWS section, Page A4

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Tom McDonald, left, holds Louise Schaefer's hand after her daughter Kim Nicols, right, reads her mother's testimony in support of legislation to legalize assisted suicide at an Assembly Judiciary Committee hearing on Tuesday. McDonald has terminal melanoma; Schaefer suffers from Lou Gehrig's disease. AB 374 cleared the commitee 7-3.
Sacramento Bee/Paul Kitagaki Jr.




Tom McDonald and Louise Schaefer asked California lawmakers Tuesday for the right to take their own lives.

They left the Capitol pleased.

Legislation to make California the second state to allow doctors to prescribe fatal medication to terminally ill patients was approved 7-3 by the Assembly Judiciary Committee.

Nearly identical legislation died last year in the Senate, but supporters received a boost recently when Assembly Speaker Fabian Núñez signed on as a joint author.

"My time is ticking," Schaefer, a 64-year-old Lincoln resident stricken with fatal Lou Gehrig's disease, also called ALS, said in a statement read Tuesday by her daughter, Kim Nicols.

"I won't get better, only worse day by day," she said. "Passing this bill will bring me peace of mind and soul."

McDonald's voice choked as he described how he is dying from melanoma.

"Don't condemn me to a death that is so insidious, with unbelievable pain and no relief," said McDonald, 77, of Lake Oroville. "I've had a wonderful life, and I can accept my death. I just want to face that death with compassion and dignity."

But opponents blasted AB 374 as a devaluation of life that could prompt some Californians to hasten death because of economic pressure on their families.

The California Medical Association claims the bill would compromise medical ethics and could create a "slippery slope" toward allowing fatal prescriptions for people suffering from major disabilities or chronic but non-terminal illnesses.

"We are reminded of the injunction that we learned the first day in medical school: First, do no harm," said Dr. Richard S. Frankenstein, the CMA president-elect.

"The concerns of patients near the end of life are important, but issues they face, whether they be pain or other symptoms, can virtually always be substantially (eased.)"

Dr. Jay Cohen, representing a separate medical group, the California Association of Physician Groups, supported AB 374.

"We must not forget that patient care is all about the patient," he said.

Assemblyman Anthony Adams, R-Hesperia, said he feels a moral obligation to preserve life.

"You better darn well believe that I want to impose my morality on these people," said Adams, one of three Republicans who voted against AB 374.

Gov. Arnold Schwarzenegger has said that assisted suicide is best left to voters.

Committee Chairman Dave Jones, D-Sacramento, called it "one of the most important and profound" issues facing the Legislature.

A Field Poll last year found that 70 percent of California adults support the general idea of allowing terminally ill patients to end their lives.

AB 374 is patterned after a similar law in Oregon, where from 1998 through 2006, 292 patients ended their lives and 460 completed the process but did not ingest the fatal medication.

In California, supporters claim AB 374 contains numerous safeguards against abuse or deadly mistakes.

The legislation bans a prescription from being issued unless two doctors agree on the diagnosis and the projection that a patient has less than six months to live.

The bill also contains provisions to ensure that patients are mentally competent, make informed decisions, receive any counseling needed, and are not coerced by relatives or others.

To prevent hasty decisions, AB 374 requires terminally ill patients who desire lethal medication to request it at least once in writing and twice orally over a period of time. The bill requires that they ingest it themselves.

Doctors with moral objections would not be required to issue such prescriptions.

Assemblyman Lloyd Levine, a Van Nuys Democrat who is co-author of the bill, said AB 374, now headed to the Assembly Appropriations Committee, provides freedom of choice to people whose death is imminent.

"In my mind, it's clear that people don't want to die -- but they also don't want to suffer," he said.

Assemblyman Rick Keene, R-Chico, countered that some patients could kill themselves after receiving a mistaken prognosis.

"The people where we have made a mistake, they're dead," he said. "They're gone."

http://www.sacbee.com/111/story/145205.html

Powerful Testimony of Louise Schaefer on AB 374, the California Compassionate Choices Act

[Editor's note: This was one of the powerful and emotional statements made to the Assembly Judiciary Committee yesterday before the passed AB 374, the California Compassionate Choices Act. The legislators heard from a number of witnesses, both pro and con. If you watch the hearing (which you can on the Cal Channel arthives), you will see these committee members taking their decision on this bill very seriously. It was hard for the committee to hear testimony and not get teary.]

Good morning. My name is Louise Schaefer.

My daughter, Kim, will read my statement for me.

I live in Lincoln, in Placer County. I am 64 years old, and I graduated from San Jose State and earned a law degree from Santa Clara University.

I was a successful real estate broker in Silicon Valley before my illness forced my early retirement. I also worked at a long-term cancer ward. In that cancer ward, I saw many patients who needed better end of life choices.

I chaired the Saratoga Planning Commission and the Parks Commission.
I have also worked with disabled children, survivors of domestic violence and toxic mold survivors.

Now, I’m the one who needs your help.

You see, I have a terminal illness. I have been diagnosed with Lou Gehrig's Disease (commonly known as ALS), for which there is no cure at all.

Experts don't know precisely how long each patient will live with the disease. A neurologist once told me to prepare to become totally paralyzed, to be in severe pain and to prepare to die. For some patients, that takes a matter of months, but for others it can be longer, with much agony and pain. I also have brain stem cell infection from exposure to toxic mold at my place of work.

I believe the ALS set in the day I passed out at work in 2002, after being exposed to toxic mold for an extended period of time.

Prior to having this disease, I led a very active life. I was extremely social, traveled frequently, enjoyed boating, hiking, kayaking, and was a successful businesswoman.

This disease has relentlessly attacked my immune system, brain stem cells and more. I am now unable to speak; I am on tube feeding with horrible stomach pains at night.

What makes this even more difficult is that I am still cognizant of everything around me. My ability to hear, to comprehend and make decisions has NOT been compromised. As my body and muscles continue to atrophy, I often feel trapped in my own body.

I have an inflated balloon in my stomach. I’m unable to lift my arms by myself. My legs are getting weaker every day and often freeze up on me. I have lost all muscle control in my neck as well. It has become more difficult to breathe and I have to sleep practically sitting up to avoid choking at night.

I believe in life, liberty and the pursuit of integrity. I believe in a life lived with purpose and according to the highest moral values. I believe an individual should be able to live the quality of life they choose. I have lived an independent, positive life, and have overcome many tough situations.

While I have had this disease, I have endured many things. I have experienced first-hand what it is like to be discriminated against because someone thinks you are disabled.

In the earlier stages of my disease, I still had my speech. It was slurred and often misconstrued as the result of intoxication. I was pulled over by a policeman who thought I had been drinking. He was going to give me a drunk test and threatened to arrest me until he realized that I was not drunk.

I can accept that people treat you differently when they think you have a disability, but that is not my reason for wanting better end of life choices.

I get great joy in living, and I would prefer to live a long life with my disabilities, rather than the much shorter one I am facing. I love my family, my home and, since losing my speaking voice, I sure do love to write notes and email.

If I had the choice to live longer even in my present ill health, believe me, I would. My desire for better end of life choices is not because I’m suicidal, but because I want better end of life choices due to this fatal disease that is consuming me.

I believe each person should have the right to make their own decisions about their own health, lives and, yes, our own deaths. I believe that when one is no longer able to live the quality of life they would like ---they should have the right to have the legal option to choose to end their life in harmony with their own beliefs.

I respect that this choice is not for everyone, and all I am asking is that it be an option for those like myself who are terminally ill for when we no longer want to live with emotional and physical pain.

In America, we trust each other to worship and make important life decisions according to our own consciences. It is vital that we foster personal freedom and responsibility, and not impose one moral doctrine on everyone. I respect the beliefs and values of opponents of this bill. And I ask them to respect mine.

I strongly support the dignity, compassion and better end of life choices in AB 374.

I believe, as a terminal patient, I should have the legal choice to end life with compassion, logic and individual control.

AB 374 is so important to me, and to others facing terminal illnesses. My time is ticking. I won’t get better, only worse day-by-day. Passing this bill will bring me peace of mind and soul.

Please help patients like me to have better choices at the end of our lives.

Please pass AB 374.

Oregon set an example of death with dignity for terminal patients. California can also become a leader in aiding terminal patients by passing AB 374.

Thank you.

http://www.californiaprogressreport....ul_testim.html