Terminally ill Ohioans could get end-of-life option under new proposal

COLUMBUS, Ohio – Rep. Eric Synenberg joined advocates for medical aid in dying at the Statehouse on Thursday to announce legislation that would allow it for terminally ill Ohioans.

Currently legal in 13 states and the District of Columbia, medical aid in dying, or MAID, allows terminally ill, mentally competent adults with six months or less to live to hasten their death by self-administering a lethal dose of medication prescribed by a physician.

Synenberg, a Beachwood Democrat, said that he timed the legislation to land one day before the birthday of David Hollister, a Chagrin Falls resident who urged lawmakers to take up legislation to give Ohioans the option shortly before his death in September. Hollister, who would have turned 65 on Friday, was featured in a cleveland.com/Plain Dealer series on medical aid in dying, which helped spur Synenberg’s legislation.

 David’s wife, Dana, was among the supporters present with the group Ohio End of Life Options in Columbus.

 “He wanted a dignified end of life option that would not require him to leave his home to receive that care,” Synenberg said. “Sadly, David is no longer with us today, and one day before what would have been his birthday … I want to recognize David for his advocacy.”

 Proponents gathered in Columbus shared stories of loved ones who suffered from terminal illnesses.

 Jim O’Neil, who watched his wife, Addie, die from cancer, said medical aid in dying would have allowed her to end her suffering “on her terms, sparing herself the pain, and her family the trauma, of watching her slowly fade away. She did not have that option.”

 Eligibility requirements

 The Ohio Medical Aid in Dying Act, cosponsored by Democratic Reps. Crystal Lett and Anita Somani of Columbus and Tristan Rader of Lakewood, would require patients to meet the same eligibility standards present in similar laws across the country.

 Individuals must be adults with a terminal illness and a prognosis of six months or less to live, mentally capable of making and communicating their own medical decisions, and physically able to self-administer the medication. A patient’s medical eligibility would be determined by their attending physician and by a second independent consulting physician.

 Just two states – Oregon and Vermont – allow nonresidents to access medical aid in dying. Synenberg’s proposal would require that individuals be Ohio citizens.

Ohioans seeking a prescription for medical aid in dying medication would face a multi-step process.

 Individuals would be required to make two oral requests to their attending physician, separated by a waiting period of at least five days. The second oral request may be waived if it is determined that it is likely the individual could die within five days.

 A written request is also required, which must be witnessed by two individuals. At least one of the witnesses must be independent of the patient. The independent witness cannot be a relative, connected to the health care facility where they are housed or treated, among the health care professionals involved in the process, or anyone who could benefit from the individual’s estate.

 Physicians would also discuss alternatives with patients, such as pain control and hospice care. A mental health assessment would be required if either physician determines it is necessary.

 If prescribed, patients would need to have the ability to self-administer the medication. When death occurs, the cause would be listed as the underlying terminal illness on the death certificate, not suicide.

 Options to opt out

 The bill also states that participation in medical aid in dying would be entirely voluntary for health care providers and facilities.

 Hospitals, nursing homes, or other facilities could prohibit the practice on their premises as long as they give advance notice. Individual providers could also choose not to participate and would not face criminal charges, civil lawsuits, job consequences, or professional discipline for refusal.

 Patients can also change their minds and rescind their request for medication at any time and would never be required to take the medication.

 The steep road ahead

 Opponents of medical aid in dying often make religious arguments against the practice. Others fear laws in the United States could eventually be more expansive and less restrictive, as is the case in some other countries like neighboring Canada.

 “We need look no further than the Canadian experiment ...Ohio needs to protect vulnerable citizens, not encourage their suicide,” said Carrie Snyder, executive director of Ohio Right to Life.

 The last time similar legislation was introduced in Ohio was in 2018. The bill was introduced by then-state Sen. Charleta Tavares, a Columbus Democrat, but did not advance.

Like in 2018, the legislation is likely to face an uphill battle in the Republican-controlled General Assembly.

 Synenberg said that he hopes his colleagues are at least open to a conversation.

 “I know we will get some pushback on this bill in the legislature, but my ask today is that my colleagues on both sides of the aisle consider having civil discourse on this bill,” he said. “Let us allow people from all perspectives to come to committee and testify and be part of this conversation.”