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Encyclopedia > Oregon Ballot Measure 16 (1994)

Measure 16 of 1994 established Oregon's Death with Dignity Act (ORS 127.800-995), which legalizes physician-assisted death with certain restrictions. Passage of this ballot measure made Oregon the first U.S. state and one of the first jurisdictions in the world to permit some terminally ill patients to determine the time of their death. 1994 (MCMXCIV) was a common year starting on Saturday of the Gregorian calendar, and was designated as the International Year of the Family and the International Year of the Sport and the Olympic Ideal by United Nations. ... Official language(s) None Capital Salem Largest city Portland Area  Ranked 9th  - Total 98,466 sq mi (255,026 km²)  - Width 260 miles (420 km)  - Length 360 miles (580 km)  - % water 2. ... The Oregon Revised Statutes (ORS) are the body of law governing the state of Oregon, United States. ... Euthanasia (from Greek: ευθανασία -ευ, eu, good, θάνατος, thanatos, death) is the practice of terminating the life of a person or animal in a painless or minimally painful way in order to stop suffering or other undesired conditions in life. ... In political science, the initiative (also known as popular or citizens initiative) provides a means by which a petition signed by a certain minimum number of registered voters can force a public vote on a proposed statute, constitutional amendment, charter amendment, or ordinance. ... Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties Libertarian Party State & Local government Governors Legislatures (List) State Courts Counties, Cities, and Towns Other countries Politics Portal      A U.S. state is any one of the fifty subnational entities of... In law, jurisdiction (from the Latin ius, iuris meaning law and dicere meaning to speak) is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area...


The measure was narrowly approved in the November 8, 1994 general election. 627,980 votes (51.3%) were cast in favor, 596,018 votes (48.7%) against.[1] November 8 is the 312th day of the year (313th in leap years) in the Gregorian Calendar, with 53 days remaining. ... 1994 (MCMXCIV) was a common year starting on Saturday of the Gregorian calendar, and was designated as the International Year of the Family and the International Year of the Sport and the Olympic Ideal by United Nations. ...

Contents

The law

Under the law, a capable adult Oregon resident who has been diagnosed with a terminal illness by a physician may request in writing, from his or her physician, a prescription for a lethal dose of medication for the purpose of ending the patient's life. The request must be confirmed by two witnesses, one of whom cannot be related to the patient, be entitled to any portion of the patient's estate, be the patient's physician, or be employed by a health care facility caring for the patient. After the request is made, another physician must examine the patient's medical records and confirm the diagnosis. The patient must be determined to not suffer from a mental condition impairing judgment. If the request is authorized, the patient must wait at least fifteen days and make a second oral request before the prescription may be written. The patient has a right to rescind the request at any time. A young woman who is 18 years old. ... Residency is a stage of postgraduate medical training in North America which leads to eligibility for board certification in a primary care or referral specialty. ... In general, a diagnosis (plural diagnoses) covers a broad spectrum, or spectra, of testing in some form of analysis; such tests based on some collective reasoning is called the method of diagnostics, leading then to the results of those tests by ideal (ethics) would then be considered a diagnosis, but... Terminal illness is a medical term popularized in the 20th century for an active and progressive disease which cannot be cured and is expected to lead to death and or death due to symptoms of disease. ... The Doctor by Samuel Luke Fildes This article is about the term physician, one type of doctor; for other uses of the word doctor see Doctor. ... A medical prescription ) is an order (often in written form) by a qualified health care professional to a pharmacist or other therapist for a treatment to be provided to their patient. ... Dose can refer to: Dose (album), an album by the jam band Govt Mule Dose (song), a song by the band Filter Dose (magazine), a free daily Canadian magazine In medicine: Effective dose, the smallest amount of a substance required to produce a measurable effect on a living organism... Oral medication A medication is a licenced drug taken to cure or reduce symptoms of an illness or medical condition. ... This article is about witnesses in law courts. ... Estate is a term used in the common law. ... Mental Illness. ... A judgment or judgement (see spelling note below), in a legal context, is synonymous with the formal decision made by a court following a lawsuit. ...


The law protects doctors from liability for providing a lethal prescription for a terminally ill, competent adult in compliance with the statute restrictions. Participation by physicians is voluntary. The law also specifies a patient's decision to end his or her life shall not "have an effect upon a life, health, or accident insurance or annuity policy." In the most general sense, a liability is anything that is a hindrance, or puts individuals at a disadvantage. ... Insurance, in law and economics, is a form of risk management primarily used to hedge against the risk of a contingent loss. ... An annuity (from Latin annus, a year), is an investment that provides a defined series of payments in the future in exchange for an up-front sum of money. ...


Controversy and aftermath

Measure 16 is regarded as one of the most controversial ballot measures in Oregon's history.[citation needed] In addition to the standard arguments against euthanasia, opponents also feared that terminally ill people throughout the nation would flock to Oregon to take advantage of the law. This fear has not been realized, largely because drafters of the law limited its use to Oregon residents.[citation needed] Euthanasia (Greek, good death) is the practice of killing a person or animal, in a painless or minimally painful way, for merciful reasons, usually to end their suffering. ...


Despite the measure's passage, implementation was tied up in the courts for several years. The Oregon Legislative Assembly also tried to repeal the law, sending Measure 51 to the people in 1997; the measure failed by a larger margin (60%) than the margin by which Measure 16 passed. Some members of Congress tried to block implementation of Measure 16, but failed.[citation needed] The Oregon Legislative Assembly is the legislature for the U.S. state of Oregon. ... Measure 51 of 1997 would have repealed Oregons Death with Dignity Act (also known as Measure 16), which legalized doctor-assisted euthanasia. ... Congress in Joint Session. ...


In 2003, a federal judge blocked a move by U.S. Attorney General John Ashcroft to suspend the license for prescribing drugs covered in the Controlled Substances Act of doctors who prescribed life-ending medications under the Oregon law.[2] The Ninth Circuit Court of Appeals affirmed the block, stating that the "Attorney General lacked Congress' requisite authorization". F.9a 9913 (2004).[3] This article or section does not adequately cite its references or sources. ... The United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government. ... John David Ashcroft (born May 9, 1942) was the 79th Attorney General of the United States. ... The Controlled Substances Act (CSA) was enacted into law by the Congress of the United States as Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970. ... The U.S. Court of Appeals for the Ninth Circuit is a federal court with appellate jurisdiction over the following United States district courts: District of Alaska District of Arizona Central, Eastern, Northern, and Southern Districts of California District of Guam District of Hawaii District of Idaho District of Montana...


As of 2005, 246 people have taken their lives under the Oregon's Death with Dignity Act.[4] 2005 is a common year starting on Saturday of the Gregorian calendar. ...


In October, 2005, the U.S. Supreme Court heard arguments in the case of Gonzales v. Oregon to determine the fate of the Death with Dignity law. Arguing on behalf of the state was Oregon Senior Assistant Attorney General Robert Atkinson. U.S. Solicitor General Paul Clement argued on behalf of the Bush administration, which challenged Oregon's right to regulate the practice of medicine when that practice entails prescribing federally controlled substances. On January 17, 2006, the court ruled 6-3 in favor of Oregon, upholding the law. Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties Libertarian Party State & Local government Governors Legislatures (List) State Courts Counties, Cities, and Towns Other countries Politics Portal      The Supreme Court of the United States (SCOTUS) is the highest judicial body... Holding The Controlled Substances Act does not give the U.S. Attorney General the authority to prohibit doctors from prescribing drugs for use in physician-assisted suicide permitted by state law. ... The United States Solicitor General is the individual tasked with arguing for the United States Government in front of the U.S. Supreme Court, when the government is party to a case. ... Paul Clement Paul D. Clement is the Solicitor General of the United States. ... The Bush administration includes President George W. Bush, Vice President Richard Cheney, Bushs Cabinet, and other select officials and advisors. ... January 17 is the 17th day of the year in the Gregorian calendar. ... For the Manfred Mann album, see 2006 (album). ...


See also

The following is a partial list of Oregon ballot measures, dating back to 1990. ...

References

2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the Anno Domini (common) era. ... March 18 is the 77th day of the year in the Gregorian calendar (78th in leap years). ...

External links


  Results from FactBites:
 
Oregon Ballot Measure 16 (1994) - Wikipedia, the free encyclopedia (606 words)
Measure 16 of 1994 established Oregon's Death with Dignity Act, which legalizes physician-assisted suicide with certain restrictions, making Oregon the first U.S. state and one of the first jurisdictions in the world to officially do so.
The measure was approved in the 8 November 1994 general election in a tight race.
The Oregon Legislative Assembly also tried to repeal the law, sending Measure 51 to the people in 1997; the measure failed by a larger margin (60%) than the margin by which Measure 16 passed.
  More results at FactBites »

 

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