For nearly 30 years, Oregon has allowed for assisted dying. But under the old law, out-of-state residents were not legally allowed to seek death care. Now, anyone from any state can apply for assisted dying. This is the case as long as they meet the other requirements. In 2008, neighboring state Washington became the second state to approve medical aid in dying. Their law was closely modeled after Oregon’s. A right to die is now legal in 11 states.
Trailblazer Oregon became the first state to legalize medical aid in dying with the “Death with Dignity Act.” This was almost 30 years ago and doctors didn’tfully like the legislation. In the past, patients needed to be an Oregon resident to qualify and apply for the lethal mix of medications used in the procedure.
The most recently change started back in 2021 when an Oregon doctor sued the state, claiming that the residency requirement in the Death with Dignity Act was unconstitutional. Doctors at OHSU could not write end-of-life prescriptions for Washington patients even if they were coming from just across the Columbia River. Both Oregon and Washington had legalized assisted suicide.
The lawsuit was settled within less than a year. The settlement terms included the agreement that the government would not enforce the residency requirements any longer. Even though it was no longer being enforced, it wasn’t until the 2023 legislative session that lawmakers introduced House Bill 2279 to codify that part of the settlement into state law.
There was major support. The bill passed both chambers, and Governor Tina Kotek signed it into law. The OHA said that at least three people from out of state received the lethal prescriptions in 2022. But that doesn’t necessarily represent a full count. People can now come to Oregon to apply for and get the medication.
The regular steps it takes to get approved for death must still be followed. The patient must be at least 18 years old, be able to understand and communicate their decisions and have six months or less to live due to a terminal illness.
In 2005, President George W. Bush’s administration petitioned the U.S. Supreme Court to hear their case against the old law. They argued that doctors who provided this care in Oregon could be prosecuted under federal drug laws. The Supreme Court upheld Death with Dignity in a 6-3 vote.
