273083 Helping to Provoke a Harder Look at Aid-in-Dying

Tuesday, October 30, 2012 : 11:30 AM - 11:50 AM

Robert Rivas, JD, General Counsel, Final Exit Network, Inc , Tallahassee Office, Sachs Sax Caplan, P,L., Tallahassee, FL
Final Exit Network trains “Exit Guides” to provide information, education, and emotional support to members who have chosen to die rather than suffer intolerably. The 501(c)(3)corporation's volunteers do not use the word “suicide” to refer to one's rational choice to hasten death when there is no hope of being restored to a reasonable quality of life. FEN offers Exit Guide support to carefully screened members. Assisting in a suicide is a felony in 37 states. FEN carefully avoids violating these laws by not providing any direct physical assistance in any suicide. Nonetheless, in 2009, nine charges of assisting in a suicide were brought against FEN volunteers in Arizona and Georgia. FEN completely defeated six of the nine charges and virtually defeated three of them. In the Georgia case, the state Supreme Court ruled that the statute was unconstitutional under the First Amendment. FEN is helping to provoke changes in the law, and in the culture of the health-care community, in end-of-life care. The organization would prefer to be rendered obsolete by the American public being offered satisfactory end-of-life care and more options to hasten death under appropriate controls. In the meantime, he government is attempting to squelch the debate over options at the end of life. Another prosecution of FEN and its volunteers has been commenced in Minnesota under a law that plainly infringes on First Amendment rights, and FEN is committed to establishing that the Minnesota law is unconstitutional.

Learning Areas:
Administration, management, leadership
Ethics, professional and legal requirements
Public health or related public policy

Learning Objectives:
Describe the state of the law on aid in dying, and on providing criminal "assistance in suicide." Explain how the latter infringe on First Amendment rights. Explain the perspective of Final Exit Network on fomenting cultural change by its activities.

Keywords: Death, End-of-Life Care

Presenting author's disclosure statement:

Qualified on the content I am responsible for because: I have conducted trial court litigation and appeals for more than 15 years on right-to-die issues. This year I prevailed in the Supreme Court of Georgia in striking down the Georgia law on "assisting in suicide" as unconstitutional. I am General Counsel for Final Exit Network, Inc.
Any relevant financial relationships? Yes

Name of Organization Clinical/Research Area Type of relationship
Final Exit Network, Inc. none Independent Contractor (contracted research and clinical trials)

I agree to comply with the American Public Health Association Conflict of Interest and Commercial Support Guidelines, and to disclose to the participants any off-label or experimental uses of a commercial product or service discussed in my presentation.