Hawaii residents may get the choice to end their life if deemed terminally ill.
A recently proposed House Bill 2739 establishes a regulated process where an adult resident of the state with a medically confirmed terminal disease and less than six months to live may obtain a prescription for medication to end the patient’s life.
The bill imposes criminal sanctions for tampering with a patient’s request for a prescription or coercing a patient to request a prescription. Should this bill be enacted into law, it will be cited as the “Our Care, Our Choice Act.”
Rep. James Tokioka knows this is a contentious issue.
“Some people cannot reconcile their morals with idea of any life being ended intentionally, regardless of the situation,” he said. “However, I believe that people have a choice to end their own lives in situations where the alternative is a lengthy, painful death.”
Tokioka’s father was bedridden for the last 18 months of his life, and his family watched him lose his health and happiness.
“It broke our hearts to see him suffer,” he said. “These types of situations are tragically common, because the reality is that when people die of natural causes they often die in terrible pain.”
Tokioka has concerns with the current version of this bill.
“The Office of the Attorney General has submitted several suggestions for amendments to minimize ambiguity in the language, which I support fully,” he said. “Additionally, I am in support of raising the age requirement from 18 to 21 years old.”
When death is inevitable, Tokioka does not want anyone to suffer more than necessary.
“I hope that this bill will provide peace of mind to people battling terminal illnesses and make the process easier on their families,” he said.
The bill requires confirmation by two health care providers of the patient’s diagnoses, prognosis and medical competence. There must be two verbal requests from the patient, separated by not less than 20 days, and one signed written request that is witnessed by two people, one of whom must be unrelated to the patient.
Counseling is required for all qualified patients with a psychiatrist, psychologist or clinical social worker to determine that the patient is capable of making an informed decision and is not suffering from under- treatment or non-treatment of depression or other conditions that interfere with their ability make an end of life choice.
Rep. Daynette Morikawa was part of the Health committee that deferred Senate Bill 1129 last year. Senate President Ron Kouchi also voted for the same bill.
“HB2739 has many of what was contained in the SB1129, but it has been better clarified and tightened up to address many of the concerns committee members had last year,” said Morikawa, majority floor leader.
The bill would allow counseling to be done via telehealth, while the patient retains the right to rescind the request for life-ending medication. An additional waiting period would be required of not less than 48 hours between the written request and the writing of the prescription. The patient must be a Hawaii resident, and unused medication must be properly disposed. There will be no effects on wills, contracts, insurance or annuity policies.
“No one at the end of their life, should need to deal with excruciating pain and suffering,” Morikawa said.
