X-Message-Number: 10469 Date: Fri, 25 Sep 1998 07:10:25 -0700 From: David Brandt-Erichsen <> Subject: Congressional action on PAS The following article appears in CONGRESS DAILY/A.M. (Sept 25/98) ------------------------------------------------------------------------ ASSISTED SUICIDE BILL STUMBLES A bill to ban physicians from using controlled substances to assist in a suicide appears to be in danger of a premature death from a fatal malady unique to legislation, a lack of votes. On Thursday, the House pulled the bill from the schedule for the third time in a week. The Senate Judiciary Committee approved 11-6 its version of the measure, but a key opponent took to the floor and threatened to filibuster if leaders tried to bring up the bill. The "Lethal Drug Abuse Prevention Act" would indirectly overturn Oregon's landmark "Death With Dignity Act" by making it a crime for physicians to use substances regulated by the federal government under the auspices of the Controlled Substances Act in order to assist a suicide. Backed by organizations led by the National Right to Life Committee, the measure would overturn a June ruling by Attorney General Reno that using controlled substances to assist a suicide in a state where the practice is legal would not violate the federal law. So far, only Oregon has legalized assisted suicide . Despite opposition from the Clinton administration, the bill, sponsored by two legislative heavyweights, House Judiciary Chairman Hyde and Senate Majority Whip Nickles, appeared a sure bet for passage. But its route to enactment has been stalled by an aggressive lobbying effort launched by physician and other health groups. Most of the groups, led by the National Hospice Association, American College of Physicians, the American Geriatrics Society, the American Pharmaceutical Association and the American Medical Association, oppose physician assisted suicide . In the House, a leading opponent is renegade GOP Rep. Greg Ganske of Iowa, a physician who broke with GOP leaders earlier this year by endorsing the Democratic-sponsored managed care reform bill. "The terminally ill frequently live in intractable pain. Studies have shown that they rarely get proper palliative care, often because physicians fear regulatory action if they prescribe doses of drugs which prove lethal, a well-recognized risk in aggressive pain management," Ganske wrote in a "Dear Colleague" last week. He added, "Fear of investigation will lead to less appropriate pain care and could have the unintended result of increasing the demand for assisted suicide ." Even strong supporters such as Rep. Charles Canady, R- Fla., concede that the bill is unlikely to pass before the end of the session. Canady told reporters Thursday that among other things, the Judiciary Committee is too preoccupied with its impeachment investigation to concentrate on other legislation. Meanwhile, in the Senate, Judiciary Chairman Hatch did alter the bill for Thursday's markup in an attempt to address some of the concerns from the medical community. As approved by the Judiciary panel with the support of all its Republicans and ranking member Joseph Biden, D-Del., the bill would allow the Justice Department to consult with the HHS Department to help determine appropriate use of drugs, and would have HHS, rather than Justice, appoint a "Medical Advisory Board on Pain Relief," to which those suspected of violating the law could appeal. But committee Democrats and other opponents remained unconvinced. "The substitute amendment does not address the underlying concerns about DEA investigations, triggers for those investigations, and numerous other objections raised in the original bill," said a letter from the Coalition to Improve Pain Management, which consists of patient, physician, pharmacy and hospice interests as well as other opponents. Almost immediately after the markup, bill sponsor Nickles vowed to move the bill to the Senate floor. "We want to make clear that this legislation does not interfere with patient care at the end stages of life, but reaffirms that prescribing drugs for the purpose of assisting in suicide is not a legitimate medical purpose," Nickles said in a statement. "It is my intention to help the Senate pass this important bill before we adjourn." But Nickles will have to overcome the vehement objections of Sen. Ron Wyden, D-Ore., who said on the Senate floor Thursday afternoon that he was putting a hold on the measure and would filibuster if necessary to keep the Senate from passing the bill. "The people of my state entered into an honest, direct, and exhausting discussion on the issue of assisted suicide , not once, but twice, through our public referenda process," said Wyden. "I am not going to let that vote be set aside without an extended debate on the floor of the United States Senate." Rate This Message: http://www.cryonet.org/cgi-bin/rate.cgi?msg=10469