Oregon's Sb 494: Law Or Not?

Oregon Senate Bill 494, which was introduced in January 2019, addressed the minimum wage requirements for employers of individuals with disabilities. The bill was passed by the Senate in April 2019 and by the House in May 2019. It was then signed by the President, Speaker, and Governor of Oregon in June 2019, becoming Chapter 371 of the 2019 Laws.

Oregon SB 494's impact on patients with mental illness or dementia

Oregon's SB 494, which was passed by the state Senate in 2017, would have allowed surrogates to withhold food and water from patients with mental illness or dementia. The bill was framed as a "simple update" to the state's advance directive, but critics argued that it endangered vulnerable patients.

The bill removed protections in Oregon's advance directive statute that guaranteed conscious patients with mental illness or dementia access to food and water, even if they could no longer make decisions about their care. This change would have given surrogates or caregivers the power to withhold sustenance and hydration, essentially starving and dehydrating these patients to death.

Proponents of the bill, including insurance companies, argued that it was necessary to reduce the financial burden of caring for mentally ill and dementia patients. However, critics, including Oregon Right to Life, strongly opposed the bill, stating that it endangered the lives of vulnerable individuals and was a form of state-sanctioned euthanasia.

The bill faced significant opposition and was ultimately defeated. However, it was reintroduced in the next legislative session as HB 4135 and signed into law. This new legislation caused concern among citizens, who believed that it would endanger the lives of people with mental illness or dementia by allowing surrogates to make life-ending decisions.

Amendments to Oregon's advance directive statute

The bill passed the Oregon Senate by a vote of 17-13, with all Democrats except Senator Betsy Johnson voting in favour and all Republicans voting against, except for Senator Jeff Kruse. However, the bill faced strong opposition from pro-life groups and other activists, who argued that it would put vulnerable patients at risk. Despite these concerns, the bill was reintroduced in the next legislative session as HB 4135 and was signed into law on March 16, 2018.

The primary purpose of both SB 494 and HB 4135 was to simplify and clarify the form used to create advance directives. However, the legislation also addressed the process for appointing a personal representative and established an Advance Directive Adoption Committee to review and update the form regularly. While the bill's supporters argued that it was necessary to improve the clarity and usability of the form, opponents remained concerned about the potential impact on vulnerable patients.

It is important to note that, despite the fears expressed by some, neither SB 494 nor HB 4135 substantively altered the legal requirements for terminating life support in incapable adults. The laws already in place in Oregon allowed for the cessation of life support in certain narrow circumstances, such as when an individual was permanently unconscious, had a medically confirmed terminal illness, and had no appointed representative or locatable guardian. The new legislation did not change these requirements.

The bill's reception by the Oregon Right to Life group

Oregon Right to Life (ORTL) has been a vocal opponent of SB 494, which they say is "designed to allow for the starving and dehydrating to death of patients with dementia or mental illness". The bill would remove current safeguards in Oregon's advance directive statute that protect conscious patients' access to food and water when they are no longer able to make decisions about their own care. ORTL claims that the bill is "deceiving" and that it colludes with the healthcare industry to save money at the expense of patients' lives.

ORTL has been encouraging people to contact their state senators to express their disapproval of the bill and thank those who voted against it. They have also been sharing stories of people who would have been negatively impacted by the bill if it had been passed in previous legislative sessions. For example, they highlight the case of Nora Harris, an Ashland resident with Alzheimer's disease who, despite being hungry, had her husband seek a court order to require the nursing home to stop assisting her with eating and drinking. The court denied the request as it would have violated Oregon law at the time.

ORTL is concerned that SB 494 would allow a court to interpret a request on an advance directive to refuse tube feeding to also mean that spoon feeding is refused. They also point out that the bill would create an appointed committee that could make future changes to the advance directive without approval from the Oregon Legislature, potentially leading to further erosion of patient rights.

Despite ORTL's efforts, SB 494 passed out of the Senate by 17-13, with all Senate Democrats voting for the bill except Senator Betsy Johnson, and all Republicans voting against it except Senator Jeff Kruse. ORTL was particularly disappointed in Senator Kruse, who they had long endorsed as being "pro-life". They claim that he disregarded thousands of emails and phone calls from his constituents, as well as conversations with ORTL lobbyists.

ORTL continued to fight against the bill as it moved to the State House of Representatives, but it is unclear from the sources whether they were successful in preventing it from becoming law.

The bill's journey through the State Senate and House

On February 6, 2017, the pro-life website Life News published an article claiming that Oregon Senate Bill 494 was "designed to allow for the starving of patients with dementia or mental illness". The article sparked controversy, with many people expressing outrage and ethical concerns. However, it is important to note that the Life News article was based on an outdated press release from Oregon Right to Life, and the bill underwent significant changes before its passage.

Senate Bill 494 was introduced in the Oregon Senate on January 14, 2019, with its first reading and referral to the President's desk. Over the next few months, it went through several committee hearings, work sessions, and referrals. On April 16, 2019, the bill passed its third reading in the Senate and was carried by Gelser.

The bill then moved to the State House of Representatives, where it had its first reading on April 17, 2019, and was referred to the Speaker's desk. After further committee hearings and work sessions, the House passed the bill on its third reading on May 29, 2019, with Piluso carrying the bill.

The bill then went back to the Senate, where they concurred with the House amendments and repassed the bill on June 5, 2019. The President of the Senate signed the bill on June 6, 2019, followed by the Speaker of the House signing it on June 7, 2019. The final step in the legislative process occurred on June 13, 2019, when the Governor of Oregon signed the bill into law.

While SB 494 did become law, it is important to note that the final version of the bill did not include the controversial provision of allowing the starvation of patients with dementia or mental illness. The purpose of the bill was to simplify and clarify the process of creating advance directives, which are legal documents used to appoint a representative to make health decisions if an individual becomes incapacitated. The bill updated the portion of the advance directive form related to appointing a personal representative and established a committee to periodically review and update the form to ensure its understandability.

The bill's relation to Oregon's Death with Dignity Act

Senate Bill 494 (SB 494) is a bill that was passed by the Oregon Senate in 2019. The bill requires employers who are authorized to pay subminimum wages to individuals with disabilities to pay certain wage rates until June 30, 2023.

SB 494 has no direct relation to Oregon's Death with Dignity Act. However, the bill has been the subject of controversy due to its potential impact on the well-being of individuals with mental illnesses or dementia. Opponents of the bill argue that it endangers the lives of people with mental illnesses or dementia by allowing surrogates to withhold food and hydration from these individuals. They claim that the bill is pushed by insurance companies and others who view mentally incapable patients as a burden.

The bill's passage in the Senate by a vote of 17-13, with all Senate Democrats, except Senator Betsy Johnson, voting in favour, and all Republicans, except Senator Jeff Kruse, voting against, sparked strong reactions from the public. While some expressed outrage and ethical concerns, calling it "inhumane" and "disgusting", others framed it as a necessary step to reduce the burden on families and society.

Despite the controversy, SB 494 was signed into law by the Governor of Oregon on June 13, 2019, after undergoing the standard legislative process, including referrals, hearings, and votes in both the Senate and the House.

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