Weeks before her death last November, California resident Brittany Maynard made a video addressed to state legislators asking them to approve right-to-die legislation.
Maynard’s words may have SB 128, introduced by state Sen. Lois Wolk (D-Davis) — who also represents Vallejo — and Sen. William Monning (D-Carmel), clear the Senate Health Committee Wednesday in a 6-2 vote.
Maynard ignited a discussion on the right to die when the newlywed was diagnosed with terminal brain cancer in April.
Under current California law, Maynard was denied from receiving physician-prescribed medications to end her life. She and her husband moved to Portland, Ore., to take advantage of that state’s Death with Dignity law.
“I am heartbroken that I had to leave behind my home, my community and my friends in California,” Maynard said in the video. “But I am dying and I refuse to lose my dignity.”
Maynard said that she didn’t want to be placed in a medically-induced coma or die in a hospital.
“I want to leave this Earth in my home, in the arms of my husband, and my parents,” she said.
SB 128, the End of life Option Act, would give any terminally ill, mentally competent California adult resident the right to ask and receive from his or her physician a prescription to hasten death. The patient at any time could rescind the request or choose not to use the medication. Physicians, pharmacists and health care providers could opt out. It would be a felony to coerce someone to request the medication, or forge a request. The legislation exempts Catholic hospitals.
The legislation requires that the patient is mentally competent to make health care decisions — which excludes cases of dementia patients — and two physicians confirming a prognosis of six months or less to live.
The law also requires that the attending physician discusses alternatives or additional treatment, such as pain control and palliative and hospice care.
A written and two oral requests must be made at least 15 days apart, with two witnesses attesting to the requests.
The medication must be self-administered.
Prior to the committee meeting, Maynard’s mother, Debbie Ziegler spoke in favor of SB 128.
“Californians need the freedom to deal with terminal illness as they determine best,” Ziegler said. “Our deaths should be guided by our own values and our own beliefs. Doctors should be free to care for dying patients in a way that honors that patient’s values and beliefs.”
Trying to hold back tears, Ziegler said that her daughter wanted to live but also wanted to be pain free from the cancer inside her body.
“My daughter wanted more than anything to live, she was full of love, and zest and energy for life. When it became clear, after an eight hour (surgery), and months of searching for cures, that Brittany’s tumor was going to kill her in an agonizing and terrifying way,” Ziegler said tearing up. “We all came to understand why Brittany wanted to consider aid in dying. It became painfully evident that there are some terminal illnesses where only death can release a loved one from agony.”
Maynard’s husband, Dan Diaz also spoke in favor of the legislation.
“It’s an option people need to pursue for themselves,” Diaz said about the ability of patients to decide if they wish to take the medication.
What my wife did on November 1, her death, was by her design. It avoided suffering and it harmed no one else.”
Diaz said that his wife “took the medication and went to sleep in five minutes and her breathing slowed in 30 minutes and passed away.”
“That was my wife’s passing,” he added.
“It is time for terminally ill Californians to have the same right to die in peace as now allowed in other states, “ said Wolk, in a news release from her office. “As you have seen today, support for this law runs across all demographic categories. California is ready for this legislation.
“SB 128 would give those who desire this option the legal choice to exercise it, with the appropriate safeguards in place to prevent any abuse,” she added.
SB 128 will now head to the Senate Judiciary Committee.
Contact John Glidden at 707-553-6832.
