Do the Majority of Disabled People Really Feel Threatened by Medical Aid in Dying?

An alarming Op Ed piece recently appeared in Newsweek (September 11, 2023) stating that California’s End of Life Option Act (EOLOA) violates the Americans with Disabilities Act. According to the author, a Connecticut attorney and disability rights activist, “Amid existing health care disparities, assisted suicide, although ostensibly voluntary, imperils the ill and disabled. A law enabling it is discriminatory because it carves out an arbitrary health-related exception to the state’s policy of deterring suicide attempts. Four disability rights groups have joined VanHook and Tischer in filing a federal lawsuit alleging that California’s End of Life Option Act violates the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, and the equal protection and due process clauses of the 14th Amendment of the U.S. Constitution.” https://www.newsweek.com/assisted-suicide-laws-violate-americans-disabilities-act-opinion-1825359

We were unable to find a state policy on deterring suicide other than state Welfare and Institutions Code 5150 (WIC 5150), which mandates 72 hours detention for evaluation and treatment of persons deemed to be an immediate physical threat to themselves or others. Even though the EOLOA has been in effect in California since June 9, 2016, there is no health-related exception in WIC5150. https://law.justia.com/codes/california/2007/wic/5150-5157.html

A greater concern, however, is whether disabled persons truly feel the EOLOA violates their legal rights and poses a threat to their existence. To better understand this, we reviewed a national poll by Susquehanna Polling and Research, Inc., from February 2023 asking a sample of disabled persons for their opinions on MAID.

According to the poll, nearly 8 out of 10 of U.S. residents (79%) who self-identify as having a disability agree that “medical aid in dying (MAID) should be legal for terminally ill, mentally capable adults who chose to self-ingest medication to die peacefully.”

The poll also showed that the majority of respondents across the political and ethnicity spectrum support the option of Medical Aid in Dying for terminally ill, mentally capable adults, including:

• Independents: 83%
• Democrats: 79%
• Republicans: 65%
• African American voters: 82%
• Hispanic/Latino voters: 81%
• White voters: 75%
  https://d31hzlhk6di2h5.cloudfront.net/20230307/2e/9e/21/14/d37db7887f3f349202ae6f31/Raben_Crosstabulation_Report_2023.FINAL%20(1).pdf?utm_campaign=Us%20for%20Autonomy%20poll%20and%20launch&utm_content=new%20poll&utm_medium=email&utm_source=newsletter

The California EOLOA contains strict safeguards to protect patients from coercion and ensure they are mentally competent to give informed consent. A consulting physician for MAID must document their diagnosis and prognosis, and verification that the qualified individual has the capacity to make medical decisions, is acting voluntarily, and has made an informed decision. A written report of the outcome and determinations made during a mental health specialist’s assessment, if performed, is also required. The patient requesting MAID signs an affirmation attesting that they have not been coerced into making their decision. The patient must make 2 oral requests for MAID 48 hours apart to ensure they are not acting rashly.

The State Department of Public Health keeps records of all MAID cases and reviews them annually to ensure legal compliance. Further patient safeguards are written into the statute to protect patients. “Knowingly coercing or exerting undue influence on an individual to request or ingest an aid in-dying drug for the purpose of ending his or her life or to destroy a withdrawal or rescission of a request, or to administer an aid-in-dying drug to an individual without his or her knowledge or consent, is punishable as a felony.” https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=HSC&division=1.&title=&part=1.85.&chapter=&article=

HSSD strongly supports the rights and dignity of disabled persons. Many of our members live with a wide array of disabilities, including some who have served on our board. We do not believe that the unfounded fears of a relatively small but vocal interest group should undermine the legal rights of any individual who wishes to peacefully exit an unbearable existence by hastening their death through MAID. Furthermore, we do not believe this group accurately represents the beliefs and desires of most persons with disabilities, as evidenced by the referenced poll. We believe ALL individuals should have the right to autonomy and self-determination and we passionately support California’s End of Life Option Act. To that end, HSSD continues its 36-year mission of providing factual education and advocating for choice, dignity, and control at the end of life. We thank all of you who stand with us and support our work with your voluntary service, memberships, and generous donations.