The Montana House narrowly defeated a bill that said doctors could face criminal charges for prescribing life-ending medications even if the patient made the request.
Representative Brad Tschida says his bill is in response to a 2009 Montana Supreme Court ruling that says there’s nothing in state law that would prohibit a physician from assisting a dying patient and that doctors could use the patient’s request as a defense if there are criminal charges.
Tschida says the intent of his bill is to clarify Montana law.
"There already exists in statute the laws governing participation in the death of another individual. House Bill 328 clarifies the uncertainty left behind by the MT Supreme Court in their decision."
Tschida says the bill would not take away any end of life health care.
Opponents say the Legislature should not interfere in matters between dying patients, their families, and their doctors.
"For all too many people dying is a difficult, sometimes painful and I would say a very personal experience. And as a legislature we have no business interfering with this very personal process," said Rep. Tom Woods.
The House rejected House Bill 328 on a 49-to-51 vote.
