First Official Report for New Jersey “Medical Aid in Dying for the Terminally Ill Act”
Issued August 2020. Covers period between August 1 and December 31, 2019.
Unlike official reports from other states that have transformed the crime of assisted suicide into a “medical treatment,” the New Jersey report does include the reasons given for requesting assisted suicide.
“NJ aid-in-dying law upheld, judge dismisses legal challenge”
(North Jersey — April 2, 2020)
A state judge has dismissed a lawsuit over New Jersey’s aid-in-dying law taking an extra step that could prevent future legal challenges to the law.
Latest hearing challenging NJ assisted suicide law held.
“Dying patients deserve to use NJ aid-in-dying law, state says in arguing against lawsuit.”
State Superior Court Judge Robert Lougy said he would issue a written ruling on the state’s motion to dismiss, but did not say when….
it is unknown how many patients have obtained lethal prescriptions under the law. The state is required to put out an annual report, but the law doesn’t say when that must be issued.
(North New Jersey.com — March 24, 2020)
“New Rules for End-of-Life Planning and Palliative Care in NJ”
(NJ Spotlight — January 30, 2020)
Taking effect in July, S-3116 specifically requires that patients and/or their families be provided with information, including Physicians Orders for Life-Sustaining Treatment policies such as resuscitation and feeding tube decisions.
[Note: Currently the federal “Patient Self-Determination Act” requires that patients be informed about advance directives and other end-of-life documents, however it forbids health care facilities that receive federal funding from making such documents a requirement. So, while it is legal to provide such information, patients and their caregivers must be alert to any attempts to insist that such documents to be signed.]
New Jersey’s doctor-prescribed suicide law has been put back into effect.
(August 27, 2019 )
On August 15, a district court judge put a temporary restraining order on New Jersey’s “Aid in Dying for the Terminally Ill Act.” Five days later, the New Jersey Supreme Court rejected an appeal to overturn that order. However, the Court has now overturned the original temporary restraining order, making it possible for doctors in the state to write prescriptions for an intentional lethal overdose of drugs.
“New Jersey’s Medically Assisted Suicide Law Put on Hold”
(CBS New York — August 15, 2019)
Judge Paul Innes of Superior Court in Mercer County has issued a temporary restraining order on the law…
Though the new law took effect at the beginning of the month, it required a two-week waiting period before a doctor could fill a patient’s prescription. That would have been Friday [August 16].
The next court date is scheduled for Oct. 23.
August 1, 2019
New Jersey doctors now have the right to prescribe lethal overdoses of drugs for patients. This is called “Medical Aid in Dying.”
“Medical Aid in Dying will be legal in New Jersey this week”
(Philadelphia Inquirer — July 28, 2019)
“…the drugs may be taken through a feeding tube if the patient is capable of pushing a button to start the machine.”
New Jersey’s official “Frequently Asked Questions” regarding “medical aid in dying”
2019
A bill introduced by Assemblyman John Burzichelli in 2018 was later amended and held over to 2019. The bill, titled the “Aid in Dying for the Terminally Ill Act” (A 1504), passed in March 2019.
Text of “Aid in Dying for the Terminally Ill Act” as passed.
Text of amended A 1504
Analysis of amended A 1504
On June 6, 2019, A 5525 was introduced. If passed, it would repeal the “Medical Aid in Dying for the Terminally Ill Act.”
Text of A 5525
“NJ legalizes assisted suicide as Gov. Phil Murphy signs contentious bill into law”
(northjersey.com — April 12, 2019)
The law gives state regulators, health care systems and doctors until Aug. 1 to prepare for the new policy….
[Note: The New Jersey law was proposed in 2018 and carried over to 2019.]
2018
“NJ should reject assisted suicide bill”
(northjersey.com –September 22, 2018)
Currently the New Jersey Legislature is considering assisted suicide known as A1504. Proponents claim this is a compassionate law that is limited in scope and has a number of safeguards. That characterization is not only inaccurate; it fails to recognize some very serious problems in both its language and implementation.
More on Disability Perspective
A 1504 was amended and reported out of the Assembly Judiciary Committee on 3/12/18.
Text of amended A 1504
Analysis of amended A 1504
On January 9, 2018, Assemblyman John Burzichelli introduced the “Aid in Dying for the Terminally Ill Act (A1504). It is identical to S1072.
Text of A1504.
Analysis of A1504
2016 – 2017
On February 4, 2016, Assemblyman John Burzichelli reintroduced his “Aid in Dying for the Terminally Ill Act” (A-2451). The bill did not pass in 2016 but was carried over to 2017.
Text of bill.
Analysis of bill.
And on July 29, 2016, Senator Nicholas P. Scutari introduced his “Aid in Dying for the Terminally Ill Act.” (S-2474) Text of bill.
The text and analysis of this bill are identical to A-2451.)
The bills appear, initially, to be identical to previously introduced bills. However, they contain a significant difference. Previous bills defined terminal illness as a condition in which death is expected within six months with or without the provision of life-sustaining treatment.
The 2016 bills deleted the reference to treatment. Under the new bills, a person with a controllable condition such a diabetes mellitus would be eligible for doctor-prescribed suicide since, without insulin the diabetic would die within six months.
“Assisted Suicide Bill Dies in New Jersey Senate: An important victory that bolsters opposition nationwide”
(Not Dead Yet — January 13, 2016)
“A bi-partisan group of New Jersey Senators took the time to listen to the disability-rights community and to understand why it is important that doctor-prescribed suicide not become law in New Jersey,” continued Democratic Senator Peter Barnes.
“Diane Coleman:’s Letter to Some New Jersey Senate Democrats”
(Not Dead Yet — February 5, 2015)
The idea of mixing a cost-cutting “treatment” such as assisted suicide into a broken, cost-conscious health care system that’s poorly designed to meet dying patient’s needs is dangerous to the thousands of people whose health care costs the most — mainly people living with a disability, the elderly and chronically ill….
When you look at assisted suicide based on one individual, it often looks acceptable. But when you examine how legalization affects the vast majority of us, the dangers to the many far outweigh any alleged benefits to a few.
“New Jersey Senate committee advances assisted-suicide bill”
(North Jersey.com — December 15, 2014)
It barely got the support to pass the Senate Health, Human Services and Senior Citizens Committee on Monday, by a vote of 5-3, but some lawmakers who were in favor of the legislation said they would vote against it in the full Senate.
[S]everal speakers expressed worry that the law, if passed, would become an option of first resort, not the last, for some.
“What we have is palliative care for the rich and death for the poor. Is that the road we’re really going down here?” said Alan Holdsworth, a member of the group Not Dead Yet.
“New Jersey Senate Committee Shuts Out Disability Rights Community from Assisted Suicide Hearing”
(New Jersey Alliance Against Doctor-Prescribed Suicide — December 8, 2014)
In a breathtaking turn of events, the committee scheduled to hear arguments today on assisted suicide bill S382 declined to invite the bill’s most vocal opponents, the disability rights community. When in June the Assembly bill was temporarily pulled for lack of votes, the Star-Ledger reported, “Disability advocates, fearing the legislation could be manipulated to prematurely end patients’ lives, turned out in force to testify against the bill.”
“Assisted suicide laws are more dangerous than people acknowledge”
(NJ Star Ledger — October 31, 2014)
The media is flush with the sympathetic story of Brittany Maynard, the 29-year-old newlywed with aggressive brain cancer….When the focus is on an individual, assisted suicide can sound good — who’s against compassion or relieving suffering? But a closer look reveals that assisted suicide puts vulnerable people in mortal danger….The simple truth is that not all families are loving. Elder abuse is a nationally recognized epidemic. Every year, New Jersey elders suffer an estimated 175,000 cases of reported and unreported abuse, most by adult children and caregivers.
“Too many loopholes on NJ’s assisted-suicide bill”
(Star-Ledger — July 1 2014)
When it comes to emotion as a barrier to reason, assisted suicide’s proponents have a much bigger problem than opponents. But that’s understandable.
“Not Dead Yet Applauds Disability Rights Advocates for Key Role in Stalling New Jersey Assisted Suicide Bill”
(June 27, 2014)
In a stunning defeat for proponents of assisted suicide, the New Jersey assisted suicide bill (A2270) was pulled from the floor and tabled until September for lack of votes. Not Dead Yet applauded New Jersey disability advocates as press reports credited disability rights opposition for the defeat.
“Assisted Suicide: Just Too Dangerous”
(PolitickerNJ — June 26, 2014)
No matter how many amendments get added to the assisted suicide bill, A2270, whether for a prettier name (out goes “Death with Dignity,” in comes “Aid in Dying for the Terminally Ill”) or for a changed-then-changed-back-again definition of “terminal illness,” the bill is too dangerous….
The bill enables the introduction of poisonous drugs into abusive situations without even requiring an independent, disinterested witness be present at the dying. This bill takes no notice of how self-interest can motivate family members and caregivers. No investigations take place under these bills, which explains the absurd claim by proponents that there has been not one case of abuse in Oregon….
We disabled people have lives that frequently look like the lives of people requesting assisted suicide, but we reject as bizarre the notion that personal dignity is somehow lost through physical dependence on others.
Doctor-prescribed suicide bill amended (June 16, 2014)
The current version of A-2270 has a new title. The title is now “Aid in Dying for the Terminally Ill Act” and the provision for sending the bill to the voters has been deleted.
“‘Aid in dying’ bill approved by NJ Assembly committee”
(Star Ledger — June 5, 2014)
The Assembly Health and Senior Services Committee voted 7-4 to release the Aid in Dying for the Terminally Ill Act….Under the bill, New Jersey patients diagnosed with a terminal illness and expecting to die within six months would be permitted to obtain medication they could self-administer to kill themselves “in a humane and dignified manner.”
[Prior to committee passage of A-2270, the title was amended to the “Aid in Dying for the Terminally Ill Act” and the sections requiring that the bill be submitted to a voter referendum were deleted.]
Testimony of John B. Kelley regarding A 2270
(June 4, 2014)
We chose our name Second Thoughts because we find that many people, once they delve below the surface appeal of assisted suicide, have “second thoughts” and oppose it….What we disabled people see in legalizing assisted suicide is that some people get suicide prevention, while others get suicide assistance, based on value judgments and prejudice.
2014 — “Death with Dignity” bills (A-2270 and S-382) were introduced. They are identical to the 2013 bills (A-3328 and S-2259)
“Death with Dignity” bills (A-3328 and S-2259) were considered in 2013.
ANALYSIS of A-3328
(3/22/13)
Medical Society of New Jersey:
Opposition to New Jersey Death with Dignity Act”
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Current N. J. Law
A person who purposely aids another to commit suicide is guilty of a crime of the second degree if his conduct causes such suicide or an attempted suicide, and otherwise of a crime of the fourth degree. N.J. Statute Sec. 2C:11-6.
Background
On September 27, 2012, Assemblyman John J. Burzichelli (Democrat, District 3) introduced A3328. His bill, the “New Jersey Death with Dignity Act” mirrors Oregon’s and Washington’s doctor-prescribed suicide laws, also called “Death with Dignity” laws. On October 15, 2012, Senator Nicholas P. Scutari (Democrat, District 22) and Senator Joseph F. Vitale (Democrat, District 19) introduced the Senate version of the bill.
If passed by the New Jersey legislature, the Act, as now written, would have to be submitted to the people for their approval or rejection at the next general election to be held at least 70 days following the date of its enactment. However, Assemblyman Burzichelli has indicated that he may amend the bill so that it does not require voter approval.
If approved by the voters, the act would take effect on the first day of the third month following voter approval.
Text of A-3328, Assembly version of “New Jersey Death with Dignity Act”
Text of S-2259, Senate version of “New Jersey Death with Dignity Act”
Articles:
“Too many loopholes on NJ’s assisted-suicide bill”
(Star-Ledger — July 1 2014)
When it comes to emotion as a barrier to reason, assisted suicide’s proponents have a much bigger problem than opponents. But that’s understandable.
“Assisted Suicide: Just Too Dangerous”
(PolitickerNJ — June 26, 2014)
No matter how many amendments get added to the assisted suicide bill, A2270, whether for a prettier name (out goes “Death with Dignity,” in comes “Aid in Dying for the Terminally Ill”) or for a changed-then-changed-back-again definition of “terminal illness,” the bill is too dangerous….
“‘Aid in dying’ bill approved by NJ Assembly committee”
(Star Ledger — June 5, 2014)
The Assembly Health and Senior Services Committee voted 7-4 to release the Aid in Dying for the Terminally Ill Act….Under the bill, New Jersey patients diagnosed with a terminal illness and expecting to doe within six months would be permitted to obtain medication they could self-administer to kill themselves “in a humane and dignified manner.”
Gov. Chris Christie opposes doctor-prescribed suicide bill
“What’s next for the Christie cabinet?”
(Capitol Quickies blog — December 3, 2013)
Assemblyman John Burzichelli’s “New Jersey Death with Dignity Act” proposal, which would grant doctors the right to prescribe lethal doses of drugs to patients who have less than six months to live, doesn’t have Christie’s backing. “Opposed,” Christie said.
“N.J. assisted suicide proposal is a dangerous prescription”
(Trenton Times and NJ.com — August 10, 2013)
When we’re talking about changing public policy that affects the health-care system that we all depend on and the real world of families that are not necessarily all loving and supportive, lawmakers have an obligation to think of everyone, not just those who are safe from the very real risks posed by assisted suicide legislation.
“The dangerous ‘help’ of assisted suicide”
(Star Ledger, NJ — July 23, 2013)
People with disabilities and chronic conditions live on the front lines of the health care system that serves (and, sadly, often underserves) dying people. One might view us as the :canaries in the coal mine,” alerting others to dangers we see first.
“Amick: Death with Dignity Act prime sponsor wants public, colleagues to reflect on the subject”
(Star Ledger, NJ — July 22, 2013)
Assemblyman John Burzichelli said his bill, as written, would require an affirmative statewide referendum vote, but he now believes the decision to turn the proposal into law should be left in the hands of the Legislature and governor. He intends to continue his dialogues between now and the November election, a period when the legislative process will be essentially on hold.
“Attorney Anne Studholme on New Jersey ‘Dom Time’ Show Opposite NY C & C Director David Leven”
(Not Dead Yet — June 4, 2013)
On May 14, NDY attorney in New Jersey, Anne Studholme, squared off against New York Compassion & Choices Director David Leven on New Jersey’s “Dom Time” show, a news and call-in show hosted and moderated by Dom Giordano.
“General Practitioner Opposes New Jersey’s Death with Dignity Act”
(NJTV — March 28, 2013)
Dr. Ann Gomes said, “Anyone can pick up that prescription. Who’s going to be monitoring that medication? It can get in the wrong hands. Children at home.”
“N. J. Assembly panel approves ‘Death with Dignity Act”
(Star Ledger — February 7, 2013)
The NJ Assembly Health Committee has passed the “New Jersey Death with Dignity Act (A3328). The committee voted 7-2 with two abstentions to approve the bill which now goes to the full 80-membar Assembly.
“Assisted Suicide for the Terminally Ill Gets Support from N.J. Legislators”|
(New Jersey Law Journal — October 9, 2012)
New Jersey legislators are pushing for adoption of a law that would make New Jersey the third state, after Oregon and Washington, to allow assisted suicide…
Although the bill in its current form calls for a referendum on assisted suicide, Burzichelli says he intends to strike that requirement…
“Controversial law would allow terminally ill patients to decide when it’s time to die”
(NJ.com –Star Ledger — September 27, 2012)
This appears to be the first time a lawmaker in New Jersey has proposed such a measure, said Peter Mazzi, a librarian for the Office of Legislative Services. Assembly Speaker Sheila Oliver (D-Essex) who decides which bills get posted for a vote in the lawer house, signaled she would review the legislation.
