lethal doses of medications,”31% “strongly” Medical Professional supported this end-of-life care option. Associations that Recognize Medical Aid in Dying A growing number of national and state medical organizations have endorsed or adopted a neutral position regarding medical aid in dying as an end-of-life option for mentally capable, terminally ill adults.

Physician Support for Medical

Aid in Dying Is Strong

Medscape Poll, December 20161 The State (MedChi) A December 2016 Medscape poll of more than 3 7,500 U.S. physicians from more than 25 survey, June-July 2016 ➔ specialties demonstrated a significant increase Six out of 10 Maryland physicians (60%) in support for medical aid in dying from 2010. supported changing the Maryland State Today well over half (57%) of the physicians Medical Society’s position on Maryland’s surveyed endorse the idea of medical aid in 2016 aid-in-dying legislation from opposing dying, agreeing that “Physician assisted death the bill to supporting it (47%) or adopting a should be allowed for terminally ill patients.” neutral stance (13%). ➔ Among the physicians surveyed who were The Member current members of the Maryland State Medical Society, 65 percent supported Survey, February 20162 changing the organization’s position to ➔ Overall, 56% of CMS members are in favor of supporting the aid-in-dying bill (50.2%) or “physician-, where adults in adopting a neutral stance (14.6%). Colorado could obtain and use prescriptions

from their physicians for self-administered,

1 Medscape Ethics Report 2016: Life, Death, and Pain, December 23, 2016. Available from http://www.medscape.com/features/ slideshow/ethics2016-part2#page=2

2 3 MedChi Survey on Physician Assisted Suicide/Aid in Colorado Medical Society Member Survey, On ​ Issues Surrounding Physician-Assisted Death, February Dying, June-July 2016. Available from 2016, Available from http://www.cms.org/articles/ http://www.medchi.org/Portals/18/files/Law%20&%20Adv ​ physician-assisted-death-polling-shows-a-divided-member ocacy/Initiatives%20Page/MedChi%20Survey%20on%20A ship ssisted%20Suicide.pdf?ver=2016-08-09-111636-707

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National Organizations empower terminally ill patients who have decisional capacity to hasten what might The American Academy of Hospice and otherwise be a protracted, undignified or Palliative Medicine (AAHPM) • 5,000 extremely painful death. Aid in dying should members • Adopted 2007 not, for any purpose, constitute suicide, “Excellent medical care, including assisted suicide, mercy killing or homicide.”5 state-of-the-art palliative care, can control most symptoms and augment patients’ psychosocial The American Public Health Association and spiritual resources to relieve most suffering (APHA) • 50,000 Members • Adopted near the end of life. On occasion, however, 2008 severe suffering persists; in such a circumstance “The American Public Health Association a patient may ask his physician for assistance in (APHA) has long recognized patients’ rights to ending his life by providing physician-assisted self-determination at the end of life and that for death (PAD). PAD is defined as a physician some terminally ill people, death can providing, at the patient’s request, a lethal sometimes be preferable to any alternative. medication that the patient can take by his own Accordingly, the American Public Health hand to end otherwise intolerable suffering. Association: The term PAD is utilized in this document with the belief that it captures the essence of the Supports allowing a mentally competent, process in a more accurately descriptive terminally ill adult to obtain a prescription for fashion than the more emotionally charged medication that the person could designation physician-assisted suicide. AAHPM self-administer to control the time, place and takes manner of his or her impending death, where a position of ‘studied neutrality’ on the subject safeguards equivalent to those in the of whether PAD should be legally regulated or DDA are in place. Rejects the use of inaccurate prohibited, believing its members should terms such as “suicide” and “assisted suicide” instead continue to strive to find the proper to refer to the choice of a mentally competent, response to those patients whose suffering terminally ill patient to seek medications to becomes intolerable despite the best possible bring about a peaceful and dignified death.”6 palliative care. Whether or not legalization occurs, AAHPM supports intense efforts to alleviate suffering and to reduce any perceived need for PAD.”4

5 American Medical Student Association, Excerpted from: ​ The American Medical Student Association Preambles, Purposes, Principles: Principles Regarding (AMSA) • 30,000+ members • Adopted Physician Aid in Dying. 2008. Available from http://www.amsa.org/wp-content/uploads/2015/03/PPP-2 2007 015.pdf “The American Medical Student Association: 6 American Public Health Association, Excerpted from: 1. SUPPORTS passage of aid-in-dying laws that ​ Patient’s Rights to Self-Determination at the End. Policy # 20086. October 28, 2008. Available from 4 American Academy of Hospice & Palliative Medicine. https://www.apha.org/policies-and-advocacy/public-healt ​ Excerpted from: Statement on Physician-Assisted Death, h-policy-statements/policy-database/2014/07/29/13/28/p February 14, 2007. Available from atients-rights-to-self-determination-at-the-end-of-life http://aahpm.org/positions/pad

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The American Academy of Neurology The American College of Legal Medicine (AAN) • 34,000 • Adopted 2018 (ACLM) • 700 members • Adopted 2008 ​ "In consideration of the Ethics, Law and “BE IT RESOLVED: That the ACLM recognizes Humanities Committee recommendations, the patient autonomy and the right of a mentally AAN Board of Directors carefully deliberated competent, though terminally ill, person to this important issue, taking into account the hasten what might otherwise be objectively evolving legal environment, all aspects of the considered a protracted, undignified or painful ethical debate, the reported values of AAN death, provided, however, that such person members, and expectations of their adult strictly complies with law specifically enacted to patients dying of neurologic illness. Accordingly, the AAN has decided to retire its regulate and control such a right; and BE IT 1998 position on “Assisted suicide, euthanasia, FURTHER RESOLVED: That the process and the neurologist” and to leave the decision initiated by a mentally competent, though of whether to practice or not to practice LPHD terminally ill, person who wishes to end his or to the conscientious judgment of its members her suffering and hasten death according to acting on behalf of their patients. The Ethics, law specifically enacted to regulate and control Law and Humanities Committee and the AAN such a process shall not be described using the make no attempt to influence an individual word “suicide”, but, rather, as a process member’s conscience in consideration of intended to hasten the end of life.”9 participation or nonparticipation in LPHD."7

GLMA: Healthcare Professionals Advancing The American Medical Women’s LGBT Equality • 1,000 members • Adopted Association (AMWA) • 4,000 members • Adopted 2007 2015 “1. AMWA supports the right of terminally ill “With the aging of the LGBT community, patients to hasten what might otherwise be a end-of-life concerns will continue as an protracted, undignified or extremely painful important topic for the community and for death. 2. AMWA believes the physician should GLMA’s work. Aging can be particularly difficult have the right to engage in practice wherein for members of the LGBT community due to they may provide a terminally ill patient with, estranged family situations, being single or not but not administer, a lethal dose of medication having dependents, and unequal treatment and/or medical knowledge, so that the patient under the law. It is critical then that LGBT can, without further assistance, hasten his/her patients have a legal framework to discuss all death. This practice is known as aid in dying. healthcare options, including end-of-life 11. AMWA supports the passage of aid-in-dying laws that empower mentally competent, terminally ill patients and protect participating physicians, such as that passed in from Oregon, the Oregon Death With Dignity Act.”8 https://www.amwa-doc.org/wp-content/uploads/2013/12/ Aid_in_Dying1.pdf 9 American Academy of Legal Medicine, Excerpted from: ​ 7 Lawful physician-hastened death AAN position Policy on Aid in Dying. October 6, 2008. Available from ​ statement. February 7, 2018. Available from http://c.ymcdn.com/sites/www.aclm.org/resource/collecti http://n.neurology.org/content/90/9/420 on/11DA4CFF-C8BC-4334-90B0-2ABBE5748D08/Policy_ 8 American Medical Women’s Association, Excerpted On_Aid_In_Dying.pdf ​ from: Position Paper on Aid in Dying. No date. Available

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options, with their physicians and healthcare and addressing a patient’s reasons for providers.”10 considering physician aid-in-dying.

State Organizations Only through dialogue can family physicians, their patients and society as a whole continue The California Medical Association (CMA) • to explore what is reasonable and morally 40,000+ members • Adopted 2015 appropriate. The highest-quality health care is “As physicians, we want to provide the best an outgrowth of a partnership between the care possible for our patients. However, patient, the family and the health professional despite the remarkable medical breakthroughs or professional team. Within the context of this we’ve made and the world-class hospice or continuing relationship, family physicians must palliative care we can provide, it isn’t always seek the underlying causes of suffering at the enough. The decision to participate in the end of life, and then aggressively implement [California] End of Life Option Act is a very measures to correct them. Appropriate personal one between a doctor and their education in palliative care and medical patient, which is why CMA has removed policy management, advanced communication skills that outright objects to physicians aiding to discover the patient’s wishes and value terminally ill patients in end of life options. We choices, and appropriate sharing of believe it is up to the individual physician and decision-making with the patient and the their patient to decide voluntarily whether the patient’s family can go a long way toward End of Life Option Act is something in which alleviating suffering and improving care at the they want to engage.”11 end of life. Family physicians should continue to provide assistance in dealing with dying The California Academy of Family patients’ symptoms, needs and fears.”12 Physicians • 9,000 members • Adopted 2015 The Colorado Medical Society (CMS) • “CAFP recognizes the need for appropriate 75,000 members • Adopted 2016 end-of-life care, which may include Appropriate “The board of directors of the Colorado treatment of physical pain, recognizing that in Medical Society, out of respect for the strongly some cases such treatment may hasten the end held divergent, principled views of our of life; Compassionate care which is colleagues regarding end-of-life assistance as interpersonal, existential or spiritual, and may proposed in Proposition 106, voted to take a include working together with social workers, neutral public stance. Our position was derived hospice, clergy, family and friends; and Eliciting from extensive deliberation and consultation with the state’s leading clinical experts on palliative care, our appointed Council on 10 GLMA Letter of Support in AB X2-15, October 2, 2015. ​ Ethical and Judicial Affairs and a statewide Available from https://drive.google.com/file/d/0B3I72ukJCnvHMnQyem survey of our members. Ultimately, Proposition 16SXQ3M3pKbHdHTnBjaDM0NmhjNVZv/view 11 California Medical Association. Excerpted from: CMA ​ 12 changes stance on physician aid in dying, takes neutral California Academy of Family Physicians adopted a position on End of Life Option Act. June 2, 2015. neutral position on medical aid in dying, April 24, 2015. Available from http://www.cmanet.org/news/ Policy statement available at: ​ detail/?article=cma-changes-stance-on-physician-aid-in-dy http://www.familydocs.org/eol/end-of-life-option-act ing

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106 represents the most personal of decisions opposition but not to support the bill. Instead, that must be left to our patients to determine MMA will remain neutral this session and in November. Should this measure pass we will review the issue through an ad hoc task force continue to do our utmost to assure the highest to be appointed by MMA President Charles standards and safeguards for our patients.”13 Pattavina. The task force is expected to review the issue in depth and to prepare a White The Medical Society of the District of Paper on the topic for consideration at the Columbia (MSDC) • 2,500 members • MMA general membership meeting on 15 Adopted 2016 September at the Annual Meeting. “The Board found that physician-assisted suicide and end-of- life care are complex issues The Maryland State Medical Society with no clear consensus. The Board recognized (MedChi) • 8,000 + members • Adopted the AMA position on physician-assisted suicide. 2016 The Board took no position on the bill.”14 “Whereas, A MedChi-sponsored survey The Maine Medical Association (MMA) • suggests that 60% of Maryland physicians (272 600 members • Adopted 2017 of 451 respondents) and 65% of those who are The Board vote came in response to a MedChi members (169 of 261 respondents) membership survey in which nearly 600 advocate either a MedChi position in support members voted on the question of whether of aid-in-dying legislation or a position of MMA’s standing opposition to “neutral,” the survey having been conducted physician-assisted suicide or death with dignity following passage of a MedChi House of should stand. The question also noted that Delegates resolution in April 2016. Whereas, opposition was consistent with the current Most adults in Maryland and nationwide provisions of the AMA Code of Medical Ethics. support aid in dying, as indicated by surveys The results of the survey showed a sharp conducted by many different organizations. division within the membership on the Whereas, Academic healthcare organizations in question, with only three votes separating Oregon, and elsewhere have those members wishing to maintain opposition developed 7 clinical criteria and guidelines to vs. those members supporting a change in the ensure that the process addresses the needs of position. Given the division in the membership, all parties and prioritizes quality of care and with that division of opinion also replicated at professionalism.... Therefore, be it Resolved, the Board, the Board voted to withdraw its that MedChi change its policy on physician assisted suicide (aid-in-dying) from “oppose” to a position of “neutral” on Maryland 13 Colorado Medical Society, Statement by CMS 16 President- aid-in-dying legislation.” elect Katie Lozano, MD, FACR, regarding Ballot Proposition 106. Available from 15 Maine Medical Association (MMA) Board Withdraws ​ http://www.cms.org/articles/statement-by-cms-president- Opposition to Death with Dignity Legislation. Available elect-katie-lozano-md-facr-regarding-ballot-prop from http://newsmanager.commpartners.com/mainemed/ 14 The Medical Society of the District of Columbia takes a ​ ​ issues/2017-05-01/index.html neutral 16 MEDCHI, The Maryland State Medical Society House of ​ position on medical aid in dying, Available from Delegates, Resolution 16-16, Action on Aid in Dying. http://www.msdc.org/?page=MSDCAdvocacy&hhSearchT September, 2016. Available from erms=%22death+and+dignity%22 http://www.medchi.org/Portals/18/files/ Events/Resolution%2016-16.pdf?ver=2016-08-26-140448- 047

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The Massachusetts Medical Society (MMS) ➔ must not compel physicians or patients to • 25,000 • Adopted 2017 participate in aid-in-dying against their will; At its Interim Meeting, the MMS’s House of ➔ must require patient self-administration; Delegates rescinded its longstanding ➔ must not permit patients lacking decisional opposition to physician assisted suicide and capacity to utilize aid-in-dying; adopted the position of neutral engagement, ➔ must require mental health referral of which allows the organization to serve as a patients with a suspected psychological or medical and scientific resource as part of psychiatric condition; and legislative efforts that will support shared ➔ must provide sufficient legal protection for decision making between terminally ill patients physicians who choose to participate. and their trusted physicians.17 All physicians who provide care to dying The Minnesota Medical Association (MMA) patients have a duty to make certain their patients are fully aware of hospice and • 10,000 members • Adopted 2017 palliative care services and benefits.”18 “Physician aid-in-dying raises significant clinical, ethical, and legal issues. A diversity of The Nevada State Medical Association opinion exists in society, in medicine, and among members of the Minnesota Medical (NSMA) • 2,000 members • Adopted 2017 Association. The MMA acknowledges that Catherine O’Mara, the executive director of the principled, ethical physicians hold a broad Nevada State Medical Association, said most range of positions on this issue. physicians the organization had talked to were conflicted between two tenets: do no harm “The physician-patient relationship is a sacred versus patient autonomy. “The association trust. This relationship must be protected doesn’t have a majority consensus among its through all stages of life including the dying members (on this legislation),” she said. “That’s 19 process. The trust and honesty central to this why we’ve taken a neutral stance.” relationship applies to the difficult decisions made at end-of-life, and encompasses any The New York State Academy of Family decision to engage in aid-in-dying. Physicians (NYSAFP) • 120,900 members • Adopted 2017 “The MMA will oppose any aid-in-dying legislation that fails to adequately safeguard RESOLVED, that the NYSAFP support the interests of patients or physicians. Such expansion of options for end-of-life care to safeguards include but are not limited to the following: 18 Minnesota Medical Association (MMA) Revises Its Policy on Physician Aid-In-Dying, May 25, 2017. Available from 17 Massachusetts Medical Society adopts several ​ http://www.mnmed.org/news-and-publications/News/ organizational policies at Interim Meeting. Available from MMA-Revises-Its-Policy-on-Physician-Aid-In-Dying http://www.massmed.org/News-and-Publications/MMS-N 19 Death with Dignity: Nevada Lawmakers consider ​ ews-Releases/Massachusetts-Medical-Society-adopts-seve enabling doctors to prescribe end-life medications, Las ral-organizational-policies-at-Interim-Meeting/#.Wno8iOg Vegas Sun, June 15, 2017, Available from -c6i http://bit.ly/2zPFuNt

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include medical aid in dying by means of a physician-patient relationship. Recognizing that patient-directed, patient administered principled physicians disagree about the ethics prescription medication. (Resolution 17-15)20 of Act 39, the Medical Society is committed to protecting its members' freedom The Oregon Medical Association (OMA) • to decide whether to participate in medical aid 8,000 members • Adopted 2017 in dying according to their own values and 22 “RESOLVED, that the OMA change its official beliefs." ​ position on the law from “opposed” to “neutral.”21

Vermont Medical Society • 2,000 members • Adopted 2017 "Physicians and other health care practitioners must aggressively respond to the needs of patients at the end of life. Patients should not be abandoned once it is determined that cure is impossible. Multidisciplinary interventions should be sought including specialty consultation, hospice care, pastoral support, family counseling, and other modalities. Patients near the end of life should continue to receive emotional support, good communication, comfort care and adequate pain control. Their autonomy should be respected.

Even when physicians use all the tools at hand to care for pain and suffering, a small number of patients still suffer. Each of these patients is unique; each one of the patients will challenge the caregiver's skills in the extreme; and each one's care should be highly individualized and decided in private amongst the patient, physician and family. The recognizes that medical aid in dying, in the form of Vermont Act 39, is a legal option that could be made in the context of the

20 New York State Assembly of Family Physicians, 2017 ​ Policy Manual on Key Health Issues. Available from http://www.nysafp.org/NYSAFP/media/PDFs/Policy-Positi 22 Vermont Medical Society Policy on End-of-life-Care. ​ ons-Manual-TOC-links-2017.pdf 2017. Available from 21 Oregon Medical Association. Excerpted from: October http://www.vtmd.org/sites/default/files/2017End-of-Life-C ​ ​ 27 Board of Trustees report http://bit.ly/2CYT6Dx are.pdf ​

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