House will decide whether physicians can assist patients in dying processes.

In Montana, physician-assisted suicide is still a gray area. In a 2009 Montana Supreme Court decision, a doctor can claim that the patient sought the drugs and consented to them. However, the court said the Legislature would ultimately decide whether physician assisted suicide is legal.

The Montana Senate approved Senate Bill 136 on Friday. This bill would prohibit the use of patient consent to defend physician-assisted death. It would effectively give physicians no legal protection should they administer drugs that would kill a terminally-ill patient.

All Democrats voted against the measure. Three Republicans joined Democrats, Sens. Kenneth Bogner (R-Miles City), Gregg Hunter (R-Glasgow) and Russ Tempel (R-Chester) are all Republicans.

The full Senate debated the measure on Thursday. Both supporters and opponents offered tearful testimonies, appeals to religious beliefs and concerns that the power might be abused.

Carl Glimm (R-Kila) has introduced a similar bill before and compared it to the “slippery” slopes of physician assisted suicide in Canada and Europe, which is often called by its opponents “physician suicide.”

Glimm said that the problem would only continue to grow, citing examples where veterans with post-traumatic disorder were “talked into suicide.”

Glimm expressed concern that other people with intellectual or physical disabilities could be targeted. This was a concern shared by members of Glimm’s caucus.

It is a myth that this is a peaceful death. “The drug cocktail they give them contains paralytics, and without any other drugs, these will cause them to suffocate or die,” said Sen. Daniel Emrich of Great Falls. The paralytics are given to hide the fact that these people will be flailing around in place.

He said that the message sent by the legislature is even more dangerous.

We’re telling them that they are not worthy of being on this planet. They should leave because they are inconvenient. They have a disability or illness or we don’t want to keep them anymore because they are wasting away.

The Senate also discussed a mixed message on the issue of suicide in Montana.

Emma Kerr Carpenter, D-Billings said the bill was not just for patients who would use a doctor but also for their families who will have a way to say goodbye in a “structured and peaceful” manner during the death process.

Kerr-Carpenter stated, “They can either be surrounded by their loved ones or left in pain and suffering without a solution.” “Let people use doctors to help them choose how they want to go.”

Sue Vinton (R-Billings) said that the idea of a suicide supported by a group was a myth.

She said, “Many people have been affected by the suicide of someone they love or a member of their family. It is not a peaceful or joyous experience.” There is only guilt and grief. It never ends. Do not believe that all people who commit suicide are surrounded by happy, loving people.

Sen. Bob Phalen (R-Lindsay) questioned the Montana Legislature’s decision to stop lethal injections of death row inmates, out of fear that these drugs could cause pain or prolong the death process, yet support physician assisted suicide.

Phalen asked, “It was inhumane before but now it is OK?”

“We hear a lot about the suicide,” said Sen. Cora Neumann (D-Bozeman). “But it’s only for terminally ill and end-of life patients. Not for people with disabilities.” The disabled are not covered by that.”

Barry Usher (R-Billings) told the story of a neighbor diagnosed with pancreatic carcinoma 25 years ago. The neighbor was given a fatal diagnosis. Usher said that prayer was a powerful tool in helping to overcome the disease. However, he expressed concern about doctors’ incorrect terminal diagnoses.

Usher said, “Let God do what God wills.” “He gives us no more than we can handle.”

Another senator expressed concern about God differently during the debate.

Theresa Manzella (R-Hamilton) expressed concern about the various variables that could come into play when a person dies, such as doctors who might make a mistake with the diagnosis and “play God”.

She also said that she has raised horses, and many of them had to be euthanized, but added that when a cocktail of drugs goes wrong, the impact is horrifying and long-lasting.

She said, “At this stage in my life a well-placed bullet is more humane that risking a mistake.”

She stated that both her own religious beliefs as well as those of other people prevent her from interfering in the dying process.

Manzella stated that “there is suffering when dying and a lot happens as they prepare to leave this world and enter the next. We don’t want interfere with them.”

Sen. Daniel Zolnikov (R-Billings) said that during the emotional testimonies, he did not oppose either side, but instead urged Senators towards developing technology.

He said, “There are many new technologies.” “Neurology helps paraplegics gain function. The technology is learning to restructure brains, which will be a big leap in Alzheimer’s. “There is so much optimism in what’s coming.”

In the recent debates on physician assisted dying, familiar themes were repeated. These included personal freedom, government involvement in private medical decisions and slippery slopes.

In committee, many people spoke about their journeys to the end. “It is a deeply personal and sacred journey,” said Senator Andrea Olsen of Missoula. “Everyone is different when it comes to their turn and as legislators we must let the system work without interfering without telling them that we will allow you to do it this way. You must do it the hard-way. You must do it the way I want.

Please don’t place me in a position where I am responsible for the private, personal decisions of individuals that only impact them.

The bill now heads to the House.