Oregon's Death with Dignity Act (DWDA) became law on October 27, 1997, allowing terminally ill adults to control the manner and timing of their death by ingesting lethal medication prescribed by a licensed Oregon physician. To be eligible, a person must be diagnosed with a terminal illness by two doctors, be mentally capable of making healthcare decisions, and be physically able to ingest the medication unaided. The law includes provisions to protect physicians who prescribe lethal medication and specifies that it does not authorise active euthanasia or mercy killing.
Characteristics | Values |
---|---|
Date Enacted | 27 October 1997 |
First of its kind in the US | Yes |
Amendment to remove residency requirement | Signed into law on 13 July 2023 |
Amendment to waive 15-day waiting period for imminently dying patients | Signed into law on 23 July, effective from 1 January 2020 |
Eligibility | Diagnosed with a terminal illness by two doctors, mentally capable of making and communicating healthcare decisions, physically capable of ingesting medication without assistance |
Age requirement | 18 years or older |
Prognosis | 6 months or less |
Requests | Two verbal requests, separated by at least 15 days, recorded in the medical record |
Final request | Made to the prescribing physician |
Request for Medication form | Requires two witnesses who declare the person is of sound mind and is not under duress, fraud or undue influence |
Prescribing physician | Writes the prescription, completes a state compliance form and submits copies of all forms to Oregon Health Authority (OHA) |
Consulting physician | Certifies that the person is eligible and completes a compliance form |
What You'll Learn
- Oregon's Death with Dignity Act (DWDA) was enacted on October 27, 1997
- DWDA allows terminally ill adults to control their death by ingesting lethal medication
- Eligibility requirements include being diagnosed with a terminal illness and being mentally and physically capable of making healthcare decisions
- The process involves two Oregon physicians evaluating eligibility, with one prescribing medication and the other providing a consulting opinion
- DWDA specifies conditions to protect physicians who write lethal prescriptions and provides protections for family members and friends within Oregon
Oregon's Death with Dignity Act (DWDA) was enacted on October 27, 1997
On October 27, 1997, Oregon's Death with Dignity Act (DWDA) was enacted. This groundbreaking legislation was the first of its kind in the United States, allowing terminally ill adults to make end-of-life decisions with autonomy and dignity. The Act outlines specific requirements for eligibility, ensuring that individuals are mentally capable of making their own healthcare decisions and are physically able to self-administer the prescribed medication.
Under the DWDA, two Oregon-licensed physicians are required to evaluate and certify an individual's eligibility. The first, known as the attending or prescribing physician, writes the prescription and completes the necessary state compliance forms. The second, the consulting physician, provides a supporting opinion and confirms the person's eligibility. Both physicians must verify the patient's diagnosis, prognosis, and understanding of the DWD procedure. In addition, they are responsible for ensuring informed consent by discussing alternative end-of-life care options and the risks associated with the medication.
To qualify for DWD in Oregon, an individual must be at least 18 years old, terminally ill with a prognosis of six months or less, and possess the mental capacity to make autonomous healthcare decisions. The patient must make two verbal requests to their physicians, separated by a minimum of 15 days, and then complete a written "Request for Medication" form. The written request must be dated after the patient has consulted both doctors and witnessed by two individuals who attest to the person's sound mind and lack of undue influence.
The DWDA specifies that the medication must be self-administered by the patient, either orally or through a feeding tube. It is important to note that the law does not authorize lethal injection, mercy killing, or active euthanasia. The process of ingesting the medication is similar to taking any other medication. The DWDA also provides protections for family members and friends of the patient, ensuring they are not subject to civil or criminal liability.
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DWDA allows terminally ill adults to control their death by ingesting lethal medication
Oregon's Death with Dignity Act (DWDA) became law on October 27, 1997, and has since undergone several amendments. The law allows terminally ill adults to control the manner and timing of their death by ingesting lethal medication. To be eligible, a person must be deemed terminally ill by two doctors, be at least 18 years old, and have the mental capacity to make their own healthcare decisions when requesting and taking the medication.
Under the DWDA, two Oregon-licensed physicians are required to certify a person's eligibility. The "attending" physician writes the prescription, completes a state compliance form, and submits copies of all forms to the Oregon Health Authority (OHA). The consulting physician verifies the person's eligibility and completes their own compliance form. Both physicians must explain alternative end-of-life care options and discuss the risks associated with taking the medication. If either physician has concerns about the person's judgment, they must refer the patient for a mental health evaluation.
To qualify for Medical Aid in Dying (MAiD), a patient must make two verbal requests, at least 15 days apart, that are recorded in their medical record. These requests can be made to any physician, but the final request must be made to the prescribing physician. After evaluation by both physicians, the patient must complete a "Request for Medication" form, which requires two witnesses to declare that the patient is of sound mind and not under any duress or influence.
The DWDA specifies that patients must ingest the medication themselves, either by swallowing or through a feeding tube, and that family members and friends are protected under the law when in Oregon. It is important to note that the law does not authorise lethal injection, mercy killing, or active euthanasia. Additionally, it states that actions taken in accordance with the DWDA do not constitute suicide, assisted suicide, mercy killing, or homicide.
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Eligibility requirements include being diagnosed with a terminal illness and being mentally and physically capable of making healthcare decisions
The Oregon Death with Dignity Act (DWDA) was enacted on October 27, 1997, and has specific eligibility requirements that must be met for individuals to qualify for Death with Dignity (DWD). These requirements are in place to ensure that individuals are fully informed and capable of making their own healthcare decisions.
Firstly, an individual must be diagnosed with a terminal illness and be given a prognosis of 6 months or less by two Oregon-licensed physicians. This means that the illness is likely to end their life within 6 months. One physician prescribes the medication, while the other provides a supporting consulting opinion. If either physician questions the individual's judgment, they can request a mental health evaluation by a psychiatrist or psychologist.
Secondly, the individual must be mentally capable of making and communicating their healthcare decisions when requesting and taking the medication. This includes understanding the alternatives to Medical Aid in Dying (MAiD) and having intact judgment. The consulting physician will verify that the individual has the decision-making capacity to make autonomous healthcare decisions. If there are concerns about the individual's psychological state, a referral for a mental health evaluation is required.
Thirdly, the individual must be physically capable of ingesting the medication without assistance. This can be done by swallowing or by self-administering a feeding tube. It is important to note that the individual must be in Oregon to take the final medication, as protections for patients and their family and friends do not apply outside of the state.
To initiate the process, the individual must make two verbal and one written request to their qualifying physician, specifically asking about their eligibility for DWD. The written request, or "Request for Medication", must be dated after the individual has met with both doctors. It is important to note that these requests can only be made by the individual themselves.
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The process involves two Oregon physicians evaluating eligibility, with one prescribing medication and the other providing a consulting opinion
Oregon's Death with Dignity Act (DWDA) came into effect on 27 October 1997. The groundbreaking legislation was the first of its kind in the United States, allowing terminally ill adults to control the manner and timing of their death by ingesting lethal medication.
To be eligible under the DWDA, a person must be terminally ill, with a prognosis of six months or less, be at least 18 years old, and have the mental decision-making capacity to make their own autonomous healthcare decisions when requesting and taking the medication.
Now, to address the specific part of the process you're interested in: The evaluation process under the DWDA involves two Oregon-licensed physicians. The first is the prescribing or "attending" physician, who writes the prescription for the lethal medication. The second is the consulting physician, who provides a second opinion and confirms the person's eligibility. This includes verifying the person's diagnosis, prognosis, and understanding of the DWD procedure. Both physicians must meet with the patient and perform informed consent, explaining alternative end-of-life care options and the risks associated with the medication.
If either physician has concerns about the patient's judgment or psychological state, they can require a mental health evaluation by a psychiatrist or psychologist. This evaluation must include the completion of a compliance form or other written evidence that the patient has sound judgement and good mental capacity.
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DWDA specifies conditions to protect physicians who write lethal prescriptions and provides protections for family members and friends within Oregon
Oregon's Death with Dignity Act (DWDA) became law on October 27, 1997, and has since undergone several amendments. The law grants terminally ill adults the right to control the manner and timing of their death by ingesting lethal medication prescribed by a licensed Oregon physician.
The DWDA specifies conditions to protect physicians who write lethal prescriptions and provides protections for family members and friends within Oregon. To qualify for DWDA, a person must be terminally ill, as determined by two Oregon-licensed physicians, at least 18 years old, and have the mental capacity to make autonomous healthcare decisions. The law requires the attending physician (who writes the prescription) and the consulting physician (who verifies eligibility) to confirm the patient's diagnosis, prognosis, and understanding of the procedure. If either physician has concerns about the patient's judgment, a mental health evaluation by a psychologist or psychiatrist is required.
The DWDA provides legal protections for physicians who act in good faith when prescribing lethal medication to qualified patients. According to ORS 127.885 s.4.01, no person shall be subject to civil or criminal liability or professional disciplinary action for participating in good faith compliance with the DWDA. This protection extends to being present when a qualified patient takes the prescribed medication to end their life.
Additionally, the DWDA offers protections for family members and friends of the patient within the state of Oregon. It is important to note that these protections do not apply outside of Oregon. The DWDA also specifies that the actions taken under the law do not constitute suicide, assisted suicide, mercy killing, or homicide.
The process for Medical Aid in Dying (MAiD) under the DWDA involves the patient making two verbal and one written request to their qualifying physician. The written request, known as the "Request for Medication," must be dated after the patient has been evaluated by both doctors. The patient must also be able to self-administer the medication, either by swallowing or through a feeding tube, and they can choose who will be present when they take the medication.
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Frequently asked questions
Oregon's Death with Dignity Act became a law on October 27, 1997.
In 1997, Oregon legislators put a repeal, Measure 51, before the voters, which was rejected by almost 60% of voters.
The second challenge to the law came in 2001 when the U.S. Attorney General John Ashcroft directed agents of the Drug Enforcement Agency that Oregon physicians prescribing within the Oregon law were in violation of federal law. Compassion & Choices joined the state of Oregon and sued John Ashcroft and his successor Alberto Gonzales. The Supreme Court’s decision in Oregon v. Gonzales again affirmed the Oregon law in 2006.
Patients wanting to die must have a life expectancy of less than six months, as determined by two doctors; must be mentally competent and not suffering from impaired judgment resulting from depression or another psychiatric disorder; must make an initial request to the doctor and then wait 15 days before making a written request that is witnessed by two people; and must be advised of all alternatives, such as hospice care and pain management.
The doctor must determine that the patient meets the requirements under the Death with Dignity Act, including that the patient has a life expectancy of less than six months and is mentally competent. The patient must make an initial request to the doctor and then wait 15 days before making a written request that is witnessed by two people. The doctor may then prescribe the life-ending medication, but may not administer it.