On Wednesday, the Senate chamber narrowly rejected a bill that aimed to impose criminal penalties on Montana physicians who offer medical aid in dying to terminally ill patients. This outcome strongly indicates that the bill is unlikely to become law this session.
Senate Bill 210, sponsored by Sen. Carl Glimm, R-Kila, passed an initial vote Tuesday by a two-vote margin, with 26 Republicans in favor and a bipartisan coalition of 24 lawmakers voting no. That margin flipped when lawmakers reconsidered the bill Wednesday, with one senator changing his vote in the affirmative and three others switching sides to oppose the bill.
On Wednesday afternoon, Glimm chose not to respond to a request for comment regarding the outcome of the bill.
This week, Glimm made an appeal to lawmakers on the Senate floor, describing medical aid in dying as assisted suicide. However, opponents of the bill had already refuted this characterization during a hearing in January. Glimm emphasized that SB 210 would convey the importance of valuing life.
Glimm emphasized the importance of maintaining a consistent message and addressing the citizens of Montana, conveying that suicide is not a solution.
The Senate’s decision to reject the bill squares with votes in preceding legislative sessions. Similar legislation to SB 210 has been brought consistently since 2009, the year the Montana Supreme Court ruled that physicians who prescribe lethal medications to a terminally ill person at the end of their life can use the patient’s consent as a legal defense to homicide charges. That decision in Baxter v. State created a legal loophole for physicians to prescribe aid in dying for patients.
Registered voters seem to favor the option of medical aid in dying, although data on the prevalence of this practice since the Baxter decision is not available from the state.
A recent poll conducted by Susquehanna Polling and Research, Inc. on behalf of the national group Compassion & Choices found that between 70% and 80% of Montanans identifying with different political parties said that mentally sound adults with incurable, terminal illnesses, and less than six months to live, should be legally allowed to “obtain prescription medication to pass peacefully in their sleep.” Nearly three-quarters of the 601 Montana voters polled said they would want that option for themselves.
Nine other states and the District of Columbia have legalized the procedure and created parameters for when certain patients can utilize that end-of-life choice. Montana is the only state that permitted the practice through a court ruling, leaving medical providers to follow best practices laid out by other states if they choose to prescribe that medication to patients who request it.
During the bill’s hearing in January, Pamela Brown, an advanced practice registered hospice and palliative care nurse, informed the Senate Judiciary Committee that out of her 300+ patients in southwest and central Montana, only eight have chosen to utilize medical aid in dying. Brown specified that in such cases, the patient must possess mental stability, not exhibit suicidal tendencies or depression, be within the last six months of their life, capable of ingesting the medication independently, and proceed with the informed consent of their family.
Brown stated, “Every individual experienced a serene, painless, and tranquil passing, embraced by their dear ones. I firmly support the autonomy of Montanans in determining their own journeys when confronting the final stages of life.”
The bill faced opposition from over twelve individuals, who testified against it. Among the opponents were representatives from the Montana Hospital Association and the Montana Medical Association. In addition, family members of individuals who passed away after being diagnosed with terminal illnesses also expressed their dissent, advocating for the importance of privacy and personal choice in end-of-life medical care.
Ron Waterman, whose late wife Mignon Waterman, a former Montana senator, passed away from pancreatic cancer in 2017, expressed that the loss of privacy is a significant concern. In the event of facing a terminal illness like his wife, he firmly believes that his right to privacy enables him to decide the extent of pain, level of respect, and timing of his own death.
SB 210 received support from a diverse group of six entities, namely the Montana Family Foundation, Disability Rights Montana, the Montana Catholic Conference, and Lt. Gov. Kristin Juras advocating for Gov. Greg Gianforte’s administration.
During her testimony to lawmakers, Juras concurred with Glimm’s stance on the imperative of firmly opposing suicide for all Montanans, regardless of age or having terminal medical conditions.
Juras expressed his belief that the elderly are susceptible to hardships. He shared his experience of taking care of his parents, recalling how his father had expressed a desire not to burden others. Juras emphasized the responsibility of society and his role as a child to assure his father of his worth and remind him that suicide is not the answer, even during times of suffering.
The bill was eventually passed by lawmakers on the committee, following party lines, with seven Republicans in favor and four Democrats opposed.
There is limited time for SB 210 to be reevaluated before the Legislature’s transmittal deadline on March 3. This deadline requires policy bills to be passed from one chamber to another to ensure their survival.
