Montana bill seeks to charge doctors assisting in suicides

Legal Events

The Montana Senate is considering a bill that would make it illegal for doctors to help terminal patients take their own life.

The bill heard by the Senate Judiciary Committee on Friday would open doctors up to possible homicide charges if they prescribe a lethal dose of medication at the request of their patients.

A 2009 state Supreme Court decision protects doctors from prosecution for the practice, though it is not explicitly allowed in state law.

Supporters of the bill said that allowing physician-assisted death would send the wrong message to those considering suicide in the state. Montana has one of the highest suicide rates in the U.S.

“Once allowed this is a severely slippery slope,” said bill sponsor Republican Sen. Carl Glimm. “We need to show in every way we can that suicide is wrong.”

Opponents of the bill made clear that medically assisted death is not related to the state’s suicide rate. The practice is only available to those suffering from terminal disease.

“Medical aid in dying is not suicide. These patients are not depressed ? they are dying. There is a very big difference,” said Dr. Colette Kirchhoff, a hospice and palliative care physician from Bozeman. “It’s a way to alleviate suffering.”

Leslie Mutchler, the daughter of Robert Baxter, the plaintiff in the Montana Supreme Court case that allowed the practice, testified in opposition to the bill. Her son chose physician assistance to end his life in 2016 after being diagnosed with terminal pancreatic cancer.

“He gained so much peace of mind when he was able to obtain the life-ending medication from a physician,” Mutchler said. “It’s not suicide. It’s a life that is already ending. It is just a way to hasten it.”

Several states allow physician-assisted suicide, including California, Colorado, Hawaii, Maine, New Jersey, Oregon, Vermont and Washington.

Similar measures to criminalize physicians for the practice have faltered in Montana in every legislative session in the past decade ? when the bills have died before reaching the governor’s desk.

This year, the bill may find a more favorable fate with the support of the administration of Gov. Greg Gianforte, the state’s first Republican governor in 16 years. Lt. Gov. Kristen Juras testified in favor of the bill on Friday, saying the governor supports the measure.

Juras said two of her grandchildren are diagnosed with cystic fibrosis, a disease that causes persistent lung infections and over time reduces lung capacity.

“We are committed to walking with them through the hard days. I do not want you to send them the message when they have a tough day that suicide is an acceptable option,” she said.

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USCIS Will Begin Accepting CW-1 Petitions for Fiscal Year 2019

On April 2, 2018, U.S. Citizenship and Immigration Services (USCIS) will begin accepting petitions under the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program subject to the fiscal year (FY) 2019 cap. Employers in the CNMI use the CW-1 program to employ foreign workers who are ineligible for other nonimmigrant worker categories. The cap for CW-1 visas for FY 2019 is 4,999.

For the FY 2019 cap, USCIS encourages employers to file a petition for a CW-1 nonimmigrant worker up to six months in advance of the proposed start date of employment and as early as possible within that timeframe. USCIS will reject a petition if it is filed more than six months in advance. An extension petition may request a start date of Oct. 1, 2018, even if that worker’s current status will not expire by that date.

Since USCIS expects to receive more petitions than the number of CW-1 visas available for FY 2019, USCIS may conduct a lottery to randomly select petitions and associated beneficiaries so that the cap is not exceeded. The lottery would give employers the fairest opportunity to request workers, particularly with the possibility of mail delays from the CNMI.

USCIS will count the total number of beneficiaries in the petitions received after 10 business days to determine if a lottery is needed. If the cap is met after those initial 10 days, a lottery may still need to be conducted with only the petitions received on the last day before the cap was met. USCIS will announce when the cap is met and whether a lottery has been conducted.

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