New Hampshire lawmakers to revisit medically assisted death in next legislative session

New Hampshire Statehouse

New Hampshire Statehouse Holly Ramer/AP photo, file

By SRUTHI GOPALAKRISHNAN

Monitor staff

Published: 11-25-2024 4:55 PM

Legislation allowing terminally ill individuals to legally end their lives through medication is back on the table for next year’s legislative session but with one change – patients would be prohibited from taking the prescribed medication in public spaces.

State Rep. Bob Lynn, a Windham Republican and the bill’s primary sponsor, explained that the revision addresses concerns about the possibility of those eligible for the end-of-life care taking the medications in public areas like beaches, alleys, parks or lakes. However, Lynn believes these fears are unfounded.

“It really sounds to me, to be honest, respectfully to those who don’t like this bill generally, it’s almost a frivolous kind of argument,” said Lynn. “Somebody that’s terminally ill and within six months of death is probably not likely to be tooling around in public. But nonetheless, to address that issue, we put that in there.”

To qualify for life-ending medications under this bill — similar to the previously debated House Bill 1283 — individuals must be at least 18 years old, have a terminal illness with a prognosis of six months or less to live, possess sound mental capacity and be able to self-administer the medication. The process also requires verification from two healthcare providers before any prescription is issued.

The bill drew significant public attention, with over 1,780 people testifying both for and against it. Among them, 1,125 voiced opposition before the measure ultimately failed in the Senate. The opposition wasn’t focused on the medication or the methods, but rather the concern that the bill would effectively condone suicide.

Steven Wade, executive director of the Brain Injury Association, views the bill as a potential risk for abuse within the disability community, warning that it sends a dangerous message that suicide is an acceptable solution.

“Having a difficult life and being in pain, those are things that people with brain injury and people with disabilities live with every day,” said Wade. “It’s devaluing the lived experience of people living with severe disability in the community and it’s also putting folks like that at risk in the sense that all of a sudden it becomes, maybe becomes an obligation to end your life rather than necessarily a choice.”

But, the bill does not allow individuals with a terminal illness and a severe disability to be eligible for the end-of-life option, as they must be capable of self-administering the medication.

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Opponents of the end-of-life care option believe the state should prioritize expanding palliative care to ensure greater comfort for individuals with terminal illnesses, rather than promoting medication to end suffering through death.

The National Alliance on Mental Illness New Hampshire has chosen to remain neutral on the bill.

Modeled after similar laws in 10 states and the District of Columbia, including neighboring Maine and Vermont, the bill gives those with terminal illnesses the power to control their own death.

Once the medication is prescribed, patients retain full autonomy over its use, deciding when — or if — they wish to take it, whether at home or in a hospice setting.

For supporters, it is a matter of personal liberty and bodily autonomy.

“If I had some really terrible disease and was in pain and suffering and the doctor told me I only had six months to live, I think I would want to have the option of being able to die peacefully, rather than not peacefully,” said Lynn, a former chief justice of the state Supreme Court.

Although the bill received bipartisan support this year, with more Democrats favoring it, the recent elections have shifted the political landscape, giving Republicans greater control in both the House and Senate.

To get the bill passed, Lynn said he is focused on educating the public and addressing misconceptions about the bill.

“I hope it’ll get bipartisan support this year because I think it really is the right thing to do if you believe in liberty and you believe that people who are suffering should be able to have a right to make the decision when they’re very close to death, but not continue their suffering,” said Lynn.

Sruthi Gopalakrishnan  can be rea ched at sgopalakrishnan@cmonitor.com