The House Human Services Committee and Senate Committee on Health and Welfare heard from the public on legislation introduced in the House called the Vermont Patient Choice and Control at the End of Life Act. Rep. Marry Morrissey, R-Bennington, a member of the House Human Services Committee, predicted the bill would make it out of the committee and have the votes to pass in the House.
The bill seeks a law similar to Oregon's Death with Dignity bill that was enacted in 1998. It would allow for a patient with a terminal condition — who has voluntarily expressed a wish to die — to make a written request for medication that would result in their death.
The legislation does provide safeguards. To qualify, a patient must be at least 18 years old and under the care of a physician for an incurable and irreversible disease. In addition, the request for medication must be signed and dated by the patient and witnessed by at least two unrelated people that can attest that the patient is acting voluntarily and has the capacity to make the decision. Patients must also undergo counseling to ensure they have the capacity to make an informed decision.
Given two minutes each, residents offered their opinions and personal stories, attempting to persuade legislators to vote for or against the measure.
Those in favor of the measure wore green stickers that read, "Listen to the Patient." Those opposing the bill wore yellow stickers bearing the phrase, "I oppose physician-assisted suicide."
Denise Connely, who was recently diagnosed with lung cancer, told legislators her support for the bill was "unwavering."
"I do not believe end of life choices should be dictated to me by anyone: doctors, lawyers, clergy," said Connelly. "My diagnosis brings new urgency to this. I want to have this choice."
But Grace Burnell, who said she suffers horrible pain after a routine root canal procedure resulted in disaster, said she would rather the Legislature focus its efforts on helping patients manage pain.
"Because my condition is a result of a medical blunder, I cannot comprehend the final choice being in the hands of doctors," she said.
Morrissey read a statement on behalf of a constituent, Dr. Eugene Grabowski, chairman of the ethics committee at the Southwestern Vermont Medical Center. His statement questioned the use of the term "Death with Dignity" and economic and health care systems that he said do not wish to take the time to deal with the subject properly. Grabowski said he would not make the trip to Montpelier to deliver a two-minute message to legislators who had already made up their minds.
Prior to the hearing, Morrissey said she was "disappointed" the process of reviewing the bill was rushed. Morrissey was concerned the timing of the hearing was not ideal.
"Having a hearing at 6:30 in the evening during the week doesn't really allow for my constituents to be here. .. When we've had bills that have been a real policy change like this, we've sometimes had several hearings," she said. "This truly is the people's house. At the end of the day, at least I could say that everybody's been heard."
With two days worth of testimony still to be heard before the bill is voted on in committee, Morrissey said she believes the bill's fate has already been decided.
"I probably could tell you that the vote out of our committee will be eight in favor, three against," she said. "I know the Speaker said last week that she was in favor of the bill, so I think the votes are there in the House and I suspect the Senate, too."
A similar bill failed to leave the committee last year on a 5 to 5 vote.
The House Human Services Committee will continue to hear testimony from physicians, lawyers, clergy and other interested parties on both sides of the issue on Wednesday and Thursday before voting on whether the bill will leave the committee.