- Year: 2008
- How it changed: Via a ballot (referendum) for an assisted dying bill. 58% voted in favour of a change in the law.
USA
Oregon
Oregon legalised assisted dying for terminally ill, mentally competent adults in 1997. There have been no cases of abuse and the law has not been extended.
The law in Oregon
The law in Oregon states that the terminally ill person must:
- be over 18
- be mentally competent
- have a terminal illness that will lead to their death within 6 months
There are a number of safety measures in place:
- A doctor (known as the ‘consulting doctor’) must confirm that the person is able to make and communicate decisions about their health and has a terminal illness with less than 6 months to live.
- Another doctor (known as the ‘attending doctor’) must inform the person of alternatives, including palliative care, hospice and pain management options.
- If either doctor thinks the person’s judgement is affected they can be referred for psychological evaluation and potentially be considered ineligible.
- The person must make a written request to the attending doctor. This must be witnessed by two individuals who are not primary care givers or family members.
- The person must request the medication twice. There must be 15 days between each request — called a ‘cooling off’ period – unless this exceeds their life expectancy.
- The person can cancel the verbal and written requests at any time.
- The terminally ill person must be able to take the life-ending medication themselves.
- They can only get the medication after meeting the legal safeguards.
Why the Oregon model has become the blueprint
Assisted dying in Oregon works. It prevents unnecessary suffering at the end of life and provides dying adults with choice and control over their death.
As a result, it has become the international blueprint for a safe and effective assisted dying law.
The evidence
- The law has worked well for 25 years
- It has never been expanded beyond terminal illness
- Palliative care has flourished alongside access to assisted dying:
- In 2023, 87% of those who had an assisted death were looked after under hospice care. Source: Oregon Health Authority, Oregon Death with Dignity Act Data Summary (2023)
- In 2019, palliative care in Oregon was given the highest grade rating, putting it in the top quarter of all US States. Source: National Palliative Care Research Centre, America’s Care of Serious Illness (2019)
- People who opposed assisted dying in the past now support the law
- Assisted dying is embedded in clinical practice
- The Oregon Hospice and Palliative Care Association supports patients’ right to access this option
- Religious leaders recognise the law works well
Read our report on Assisted Dying in Oregon.
Assisted dying in other US states
Following Oregon’s example, other states have adopted laws based on that model, allowing mentally competent, terminally ill adults to choose assisted dying.
Washington State
Montana
- Year: 2009
- How it changed: A ruling by the state Supreme Court in favour of terminally ill U.S. Marine veteran Bob Baxter found that terminally ill patients have a right to autonomous end of life decisions.
Vermont
- Year: 2013
- How it changed: Via the Vermont Patient Choice and Control at the End of Life Act.
California
- Year: 2015
- How it changed: Californian Governor Jerry Brown signed the End of Life Option Act.
Colorado
- Year: 2016
- How it changed: Via the Colorado End-of-Life Options Act.
Washington DC
- Year: 2017
- How it changed: Via the Washington, D.C., Death With Dignity Act.
Hawai’i
- Year: 2018
- How it changed: Via the Hawai’i Our Care, Our Choice Act.
New Jersey
- Year: 2019
- How it changed: Via New Jersey’s Medical Aid in Dying for the Terminally Ill Act
Maine
- Year: 2019
- How it changed: Via the Maine Death with Dignity Act
New Mexico
- Year: 2021
- How it changed: Via the New Mexico Elizabeth Whitefield End-of-Life Options Act.
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