[Euthanasia in the United States #2] (From Oregon Law) The Process from Requesting Euthanasia to Ending It: Details of Safeguards to Avoid the Risk of Coercion
- リップディー（RiP:D)
- 2 days ago
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[(From Oregon Law) The Process from Requesting Euthanasia to Ending It: Details of Safeguards to Avoid the Risk of Coercion]
This paper focuses on the euthanasia law in the state of Oregon, USA.
・"The specific process from requesting euthanasia to its completion"
- "Safety measures in place to prevent harm to patients"
--I will explain this while focusing on the above two points.
*The above is a very easy-to-understand site aimed at the general public , so please use it as a reference.
In America, euthanasia (strictly speaking, assisted suicide) was once called "Death with Dignity" (this translates to "death with dignity" in Japanese, but please note that this is not the same as the Japanese expression "death with dignity." In Japan, "death with dignity" refers to passive euthanasia ).
In recent years, it has often been referred to as MAID (Medical aid in dying) .
(The terminology is tricky here as well, but) euthanasia in Canada is also called MAID,
In this case, the abbreviation is MAID (Medical Assistance in dying) .
The actual PDF of the law is here
I will introduce this in a separate article, but you can find the Oregon euthanasia data and summary here.
[Legal Name] (From Oregon Law) The Process from Requesting Euthanasia to Ending It
“Oregon Death with Dignity Act”
Oregon Death with Dignity Act
*Note again:
Confusingly, euthanasia in the United States was formerly called "Death with Dignity" (a term that is still sometimes used).
Literal translation or machine translation can translate it as "death with dignity," but what does "death with dignity" mean in Japanese?
Please note that the meanings are different .
When we express "death with dignity" in Japanese,
- Peaceful death, passive euthanasia , no cruel life-prolonging treatment
-Canceling or withholding treatment due to life expectancy
・The withholding or withdrawing of treatment from the terminally ill
Due to machine translation and misuse by the media, the American and Japanese concepts of "death with dignity" have been confused, leading to confusion and misunderstanding.
As mentioned in this article , passive euthanasia has long been legalized overseas and is now a dead term.
[Eligibility conditions]
- You are an adult :
Be 18 years of age or older.
・Has the ability to make decisions :
Having the capacity to make health decisions.
- Having a terminal illness :
A medically confirmed, untreatable, irreversible illness that, in reasonable medical judgment,
Death is expected within six months .
・Voluntary expression of intention :
Expressing a desire to die of one's own volition.
It must not be due to external pressure.
・Do not base discrimination solely on age or disability:
No person may be disqualified solely on the basis of age or disability.
*In the United States, the premise is that the lethal drug must be self-administered . Lethal injection is not permitted.
[Review process]
[Application stage]
・Initial verbal request:
The patient makes a verbal request to the doctor (the attending physician).
・Written request:
The patient completes a written request , signs it, and dates it.
The request must be signed and dated in the patient's presence by at least two witnesses who must attest that the patient has decision-making capacity, is acting voluntarily, and is not being coerced.
One of the witnesses shall not be a relative of the patient by blood, marriage, or adoption, shall not have any right to inherit the patient's estate after his or her death, and shall not be an owner, operator, or employee of the health care facility where the patient is staying.
If the patient is in a long-term care facility, one witness must be a licensed individual designated by the facility.
The request must state that the patient has been fully informed of their diagnosis, prognosis, potential risks of the medication being prescribed, expected consequences of taking the medication, and alternatives, including palliative care, hospice care, and pain management .
[Evaluation stage]
• Attending Physician Responsibilities:
Make the initial determination as to whether the patient is terminally ill, has decision-making capacity, or has made a voluntary request.
Fully inform patients about their diagnosis, prognosis, potential risks of prescribed medications, expected outcomes, and alternatives (e.g., palliative care, hospice care, pain management).
Meet patient medical record documentation requirements.
Ensure patients are making informed decisions just before dispensing a prescription.
• Consulting Physician Responsibilities:
Medically confirm that your doctor's diagnosis is correct.
Examines patients and reviews relevant medical records.
Ensure that the patient is competent, acting autonomously, and making informed decisions.
A report was prepared on diagnosis and prognosis.
• Psychiatrist counseling
If the patient's doctor or consulting doctor has doubts about the patient's capacity to make decisions, the patient should be referred to a psychiatrist or psychological counselor for evaluation. The results and decisions of the consultation will be recorded in the medical record.
[Waiting Periods]
• At least 15 days must elapse between the initial verbal request and the issuance of the prescription, although this period may be shortened if it is medically determined that the patient's natural death is reasonably foreseeable within 15 days.
• At least 48 hours must elapse between the written request and the issuance of the prescription.
• Second verbal request:
A patient must make a repeated verbal request to their physician at least 15 days after the initial verbal request, and the physician must offer the patient an opportunity to revoke the request.
[Right to Rescind Request]
The patient may cancel the request at any time, in any manner, regardless of mental state. The patient's physician must provide the patient with the opportunity to cancel the request before the prescription is issued.
[Implementation and reporting stage]
Your doctor will prescribe the medication after verifying that all requirements are met.
- The attending physician must inform the pharmacist that the medication is intended for medically assisted euthanasia before the pharmacy dispenses the medication.
-Medicines can also be dispensed directly by the patient's doctor, but this requires specific registration and regulatory compliance.
[Self-Administration and Presence of Others]
The patient takes the medicine himself .
Oregon law does not allow a doctor or any other person to administer a lethal injection or euthanasia.
- The patient's doctor may be present when the patient takes the medication, but is not obligated to be present.
- If another person is present when a patient takes their medication, they will not be held civilly or criminally liable if they do so in good faith.
[Documentation and Reporting of Death]
Medical record requirements:
The medical record will include the diagnosis, prognosis, results of psychiatric counseling (if any), the consulting physician's diagnosis and prognosis, and the opportunity the patient was offered to revoke the request.
・Reporting requirements:
The Oregon Health Authority collects information on compliance with the law and makes annual statistical reports available to the public . These reports include information on age, sex, race, education, illness, and place of death. The information collected is not a public record and is not available for public inspection, except as required by law.
[Immunities and Liabilities]
- Anyone who participates in medically assisted euthanasia in good faith and in compliance with this Act (including anyone who is present when a patient takes prescribed medication) will not be subject to civil or criminal liability .
Any person who knowingly falsifies a request, coerces a patient into submitting a medication request, or voids a revocation is guilty of a Class A felony .
This law does not authorize doctors or other individuals to administer lethal injections, mercy killing, or active euthanasia. (Strictly speaking, only "assisted suicide" is permitted, not euthanasia. This is the same as in Switzerland.)
Any act performed in accordance with the law shall not be considered as suicide, assisted suicide, mercy killing or murder for any purpose.
remarks
Belgium and the Netherlands are said to have relatively "lax" eligibility criteria for euthanasia, but the screening process is surprisingly strict.
In the Dutch Euthanasia Bill , it was explained that the general euthanasia process from application to completion has roughly 3+1 checkpoints...
Surprisingly, the United States, Canada , and France , where the bill is currently under consideration,
- There is no third checkpoint
・"Discussion stage" after evaluation by two doctors...
There is no external comprehensive check such as a review committee.
This is one feature that you should keep in mind.
If Japan were to establish a euthanasia system, would it be necessary to add a third checkpoint, or would it be necessary to have two doctors complete the procedure, as in the United States?
I believe this is a turning point in discussions on system design.
Please note that as of December 2025, 12 states in the United States have already legalized cannabis. Although there are some differences between states, the general framework is the same as Oregon .
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