Illinois Gov. J.B. Pritzker Friday signed “Medical Aid in Dying” legislation as baby boomers age and more caregivers, families and physicians confront end-of-life issues, costs and quality.
Illinois becomes the 12th state to enact legislation the state said provides “terminally ill patients with autonomy, dignity and peace at the end of their lives.” Another 10 states led by Republicans and Democrats in the last year have debated the issue — also known as physician-assisted suicide, which would have been unthinkable even just a few years ago, advocates for medical aid in dying legislation say.
A 2014 Pew Research Center survey explored Americans views on the topic, with 37 percent saying that they they have given “a great deal of thought to their own wishes for end-of-life medical treatment”– up from 28% in 1990. About one-third said they have put their wishes in writing, the Pew report said.
“I have been deeply impacted by the stories of Illinoisans or their loved ones that have suffered from a devastating terminal illness, and I have been moved by their dedication to standing up for freedom and choice at the end of life in the midst of personal heartbreak,” Governor Pritzker said Friday when he signed the legislation, which is also known as “Deb’s Law,” which honors Illinois resident Deb Robertson, who is living with a rare terminal illness and who strongly advocated for the bill
“Today, Illinois honors their strength and courage by enacting legislation that enables patients faced with debilitating terminal illnesses to make a decision, in consultation with a doctor, that helps them avoid unnecessary pain and suffering at the end of their lives,” Pritzker said. “This legislation will be thoughtfully implemented so that physicians can consult patients on making deeply personal decisions with authority, autonomy, and empathy.”
Illinois’ governor’s office said the legislation “expands compassionate end of life options in a manner that establishes clear processes, guidelines, and protocols. Several safeguards are in place to ensure robust patient protection for Illinois residents.”
“No physician, health care provider, or pharmacist is required to participate in the option,” the governor’s office said. “The law makes it a felony to coerce anyone to request the medication or to forge a request.”
Here’s what Illinois says adult patients, who are 18 years of age or or older, requesting end-of-life medication also must do:
- “Have a terminal illness that will result in death within six months (as determined by two physicians).
- Be informed by their physician about all of their end-of-life care options, including comfort care, hospice, palliative care, and pain control.
- Have the mental capacity, confirmed by their physician, to make medical decisions.
- Make written and oral requests in order to receive the aid-in-dying medication, among other requirements. The request can only be made by the patient, not by the patient’s surrogate decision-maker, health care proxy, health care agent, attorney-in-fact for healthcare, guardian, nor via advance care directive.”
Increasingly, physician groups and medical associations have gone from opposing medical aid in dying to neutral stands or support. In 2020, for example, the Chicago Medical Society adopted a “a position of engaged neutrality concerning legislative efforts to authorize medical aid in dying provided that physician shall not be required to perform medical aid in dying if it violates personally held ethical principles.”
“Engaged neutrality can allow for diverse views while ensuring safeguards, educating members and protecting physicians’ and patients’ freedom to participate or opt out of medical aid in dying according to their own personal values,” the Chicago Medical Society said.
The Chicago Medical Society said it adopted this policy after “the American Academy of Family Physicians, the American Academy of Hospice and Palliative Medicine and numerous state and national medical societies adopted neutral positions with regard to medical aid in dying.”