Sunday, December 22, 2024
Hawai'i Free Press

Current Articles | Archives

Saturday, January 14, 2012
Full Text AG Louie: Assisted Suicide Not Legal in Hawaii
By Selected News Articles @ 4:00 PM :: 14480 Views :: Health Care, Law Enforcement, Life

Hawaii State Senator Joshua Green, MD, has authorized release of the Attorney General's opinion rejecting C & C's claim that assisted suicide is "already legal" in Hawaii. The opinion states in part:

"Dear Senator Green:

Re: Hawaii law on assistance with dying

You have asked (1) whether §453-1, Hawaii Revised Statutes (HRS), authorizes a physician to assist a terminally ill patient with dying when requested by or on behalf of the patient, and (2) whether any criminal laws prohibit aid in dying.

We are assuming that a physician’s assistance with dying would consist of prescribing a lethal dose of medication that a terminally ill patient could take to bring on a swifter and possibly more peaceful death than would otherwise ensue. Our analysis addresses only this method of assistance. Briefly, (1) we do not believe that §453-1 provides authority for a physician to assist with dying, and (2) a physician who provided such assistance could be charged under Hawaii’s manslaughter statute. . . ."

To view the entire six page opinion: click here

  *   *   *   *   *

Doctor-prescribed overdose ruled illegal: Attorney general rejects arguments from 'Hemlock Society'

by Bob Unruh, December 23, 2011 World Net Daily

The Hawaii attorney general has issued an opinion that under state law, doctors may not prescribe fatal doses of medication, blasting a hole in the arguments of the former Hemlock Society, now called Compassion and Choices.

Word comes from state Sen. Josh Green, a doctor who had asked for the opinion from Attorney General David Louie.

Green asked for the legal opinion after learning from media reports and an Alliance Defense Fund-allied attorney that the pro-euthanasia organization was arguing that state law allows for physicians to assist in suicides.

Green reported he was told that state law "does not authorize physicians to assist terminally ill patients with dying" and "a physician who provided assistance with death could be charged under Hawaii's manslaughter statute."

"Depressed patients need understanding and sound medical treatment, not encouragement to kill themselves. State law reflects this, and no one should believe the recent falsehoods that pro-death proponents have spread about the law. The Hawaii attorney general has clearly concluded that state law does not permit doctor-prescribed death and that any physician who participates in it can be prosecuted," said Honolulu attorney Jim Hochberg, one of nearly 2,100 ADF attorneys.

He was part of an expert panel this month on physician-assisted suicide and wrote about the issue in a commentary in the Honolulu Star-Advertiser.

There, he argued against the argument raised by Barbara Combs Lee, president of Compassion and Choices, that assisted suicide was legal in the state.

"Although a law specifically designed to institute assisted suicide failed to pass in Hawaii's Legislature in 2002, Compassion and Choices contends that such a practice is already legal, anyway. According to Lee, a law passed in 1909 when Hawaii was a territory allows doctors to legally prescribe life-ending drugs to patients who have been diagnosed as terminally ill," he wrote.

"Lee and those associated with her take this position based on that law's allowance of 'furnishing any remedial agents' to such patients: 'When a duly licensed physician pronounces a person afflicted with any disease hopeless and beyond recovery and shall give a written certificate to that effect to the person afflicted to his or her attendant nothing herein contained shall be held or construed to forbid any person from giving or furnishing any remedial agent or measure when so requested by or on behalf of such afflicted person,'" he wrote.

He said a more logical understanding of the law was that when doctors had exhausted all traditional treatment methods, the law would allow them to try what a century ago may have been considered unorthodox.

"In other words, the statute Lee and [others] are using in 2011 to support death was actually passed in 1909 to allow any person to exhaust every possibility in extending life – specifically to extend life once a doctor gave a patient a certificate that the patient was afflicted with terminal leprosy, tuberculosis or asthma," he said.

---30---

ADF: Attorney General Rejects Claim That Assisted Suicide is "Already Legal"

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

Aloha Pregnancy Care Center

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii

FIRE

Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Habele.org

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii Military History

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Together

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

July 4 in Hawaii

Land and Power in Hawaii

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

MentalIllnessPolicy.org

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

Natatorium.org

National Parents Org Hawaii

NFIB Hawaii News

NRA-ILA Hawaii

Obookiah

OHA Lies

Opt Out Today

Patients Rights Council Hawaii

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

RailRipoff.com

Rental by Owner Awareness Assn

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

School Choice in Hawaii

SenatorFong.com

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii