Our View of the Legislature: Medical Aid in Dying – Final Report

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The Virginia General Assembly is approaching “cross over” this week.  All bills must be completed in the chamber that they started in by the end of the day tomorrow, or they are out for the year.

One of those bills that is out for the year concerns Medical Assistance in Dying, also known as Assisted Suicide.  Last Friday, the House Courts of Justice committee was scheduled to consider HB 1649 (Kory), which would have allowed a physician to prescribe a controlled substance to a terminally ill patient for the purpose of ending their life in a humane and dignified manner.  Under the proposal, it would have been a felony to encourage or coerce someone to exercise this option, or to coerce or encourage someone to rescind such a decision.

Under the proposed bill, the individual must make the request on two separate occasions, at least fifteen days apart.  Before making a decision to end their life, a person must first be advised of available comfort care and pain management care.

In an earlier phase of study, dLCV raised concerns that medical assistance in dying should not become an alternative simply due to a failure to provide adequate health care for people with complex disabilities.  We also urged that if the option does become available, that people with disabilities not be excluded from the option solely because of their disability.

On Friday, February 7, 2020, the House Courts of Justice Committee carried the bill forward until 2021, at the request of Delegate Kory.  The bill is effectively done for this legislative session.

This is our last report on Medical Assistance in Dying for this session.

The mission of the disAbility Law Center of Virginia is to advance independence, choice and self-determination; protect legal, human and civil rights; and eliminate abuse, neglect and discrimination of people with disabilities through zealous and uncompromising legal advocacy and representation.