Medical aid in dying heads for full Senate vote

A proposal to legalize medically assisted death for terminally ill patients cleared its last major hurdle at the state Legislature on Friday, paving the way for a full vote by the Senate, where the bill is expected to pass comfortably.

The Senate Judiciary Committee voted 4-1 to advance House Bill 2739, known as the Our Care, Our Choice Act. Sen. Mike Gabbard (D, Kapolei-Makakilo) voted against the measure, citing concerns about government interfering in personal matters. Judiciary Chairman Brian Taniguchi and Sens. Donna Mercado Kim, Karl Rhoads and Laura Thielen voted in favor.

The committee did not make any amendments to the bill, eliminating the need for the House and Senate to negotiate any changes. Friday’s committee hearing was a decision-making procedure only; no oral testimony was accepted.

“In the end, the majority of the committee felt this bill gives qualified individuals a choice on the best care for themselves,” Taniguchi (D, Makiki-Tantalus-Manoa) said.

Thielen said she appreciates the added safeguards lawmakers have included in the bill.

“I think people who are in this situation do have the right to make the choice. I think the dignity part is what’s missing with the choices people are exercising today,” Thielen (D, Hawaii Kai- Waimanalo-Kailua) said.

Rhoads added, “I want it to be there for me for an option if that time ever comes, and I want it to be there for my loved ones if that time ever comes. I sincerely hope that I never need it.”

Kim, who voted against a medical-aid-in-dying bill 16 years ago but supported a Senate bill last year with reservations, acknowledged the issue is deeply emotional. She said she felt there were not enough safeguards in past proposals.

“It is a matter of choice. It is a matter of dignity,” Kim (D, Kalihi Valley-Moanalua- Halawa) said. “With a mom that’s 88 years old and all of us aging, I think we all want to have that choice. We’re not forcing anybody.”

The bill next heads for a full Senate floor vote, which could happen as early as next week. If approved, it would go to Gov. David Ige, who has said he supports the measure and would be “proud and honored” to sign it into law.

Last legislative session, a similar measure easily passed the Senate with just three no votes but was tabled by a House committee and never put to a House floor vote. This time around the House drafted a bill, approved it by a 39-12 vote this month and sent it over to the Senate for consideration.

Scott Foster, co-founder of the Hawaii Death With Dignity Society, said he’s been advocating for legislation for more than 20 years.

“Based on the support of the full Senate last year, I think it will pass. And after 25-plus years, we’ve achieved it,” Foster said after the Senate Judiciary Committee’s vote Friday. “I’m not elated — it’s such a serious issue. But I’m relieved and thankful that we can now give so many people some relief and some hope.”

Eva Andrade, president of the Hawaii Family Forum, which works with the faith-based community and opposes the measure, described the committee vote as just another step in the process.

“It’s just a step. We’re not done. Our message is one of hope. Our message is one to the community that suicide is never a solution,” Andrade said.

She added that the organization plans to go out into communities to “educate people on what this bill actually says so that no one ever chooses it.”

The bill would take effect Jan. 1.

Mentally competent residents who are at least 18 years old and have been given six months or less to live would be eligible under the bill to request lethal medication. Two health care providers would need to confirm the patient’s diagnosis, prognosis, competence and that the request is voluntary.

Before any medication is prescribed, a patient would need to receive mandatory counseling from a psychiatrist, psychologist or clinical social worker. The bill calls for criminal penalties for tampering with a patient’s prescription request or coercing a patient to request a prescription.