Monday, March 21, 2016

Today's Depressing Post Is Brought to You by RCW 70.245

Otherwise known as the Washington Death with Dignity Act. 

I wouldn't call it an entertaining read, but it was certainly an educational one. You can definitely sense the balancing act the legislature was attempting to accomplish. If nothing else, the number of hoops you have to jump through are a good indication that this was not something anyone was excited about. 

If you're the type who likes to read through governmental codes, you can find the full text of the law here. But for those who prefer a summary:

You have to be a Washington state resident.

You have to have two doctors attest to the fact that you have a terminal disease with a life expectacy of less than six months.

You have to first make an oral declaration that you wish to concede your last days, then you have to wait two days, then you have to make a written declaration, then you have to wait fourteen days, then you can get a prescription for the necessary drugs.

Somewhat oddly, the model declaration requires the patient to identify whether they've told their family, aren't telling their family, or don't have family to tell. 

The drugs have to be self-administered. There's no allowance for anyone to help though, somewhat oddly, they do encourage the patient to take the drugs with someone else present. Less oddly, they also encourage that the drugs not be taken in a public place.

The written declaration must be signed by the patient, the patient's primary doctor, and two witnesses, and there are a bunch of rules about who can be a witness (e.g., not anyone who's in the patient's will). 

Of course there's a bunch of language about liability, mostly designed to protect the doctors and pharmacists who write and fill the prescription. Interestingly, there's specific language stating that if the patient takes the drug in a public space, their estate is responsible for any resulting liabilities.

Of course the legal side is just half the issue. With the requirement for the involvement of at least five people in the process, you also have to find five appropriate people -- two doctors, a pharmacist, and two witnesses -- willing to play their parts. Initial indications are that's a lot harder than you might think. I've only begun poking at various hospice and palliative care options, but nearly every webpage I've looked at or person I've talked to leads with the statement, "we don't do death with dignity." 

It should make for an interesting conversation with my oncologist, though probably not one I'll have anytime soon. I'll need to work my way up to that one, I think. 

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