Elder Law Prof Blog: Challenge to Residency Requirement in Oregon Medical Aid-in-Dying Statute (March 29, 2022)

Rebecca C. Morgan, of Stetson University College of Law, has made available for download her article, “Challenge to Residency Requirement in Oregon Medical Aid-in-Dying Statute”, which brings to attention a lawsuit challenging the residency requirement being filed as a result of a settlement. The article begins as follows:

The Associated Press reported that Oregon ends residency rule for medically assisted suicide.  A lawsuit challenging the residency requirement had been filed and as a result of a settlement, “Oregon will no longer require people to be residents of the state to use its law allowing terminally ill people to receive lethal medication, after a lawsuit challenged the requirement as unconstitutional. …  [T]he Oregon Health Authority and the Oregon Medical Board agreed to stop enforcing the residency requirement and to ask the Legislature to remove it from the law.”  The suit addresses an issue faced by doctors who “had been unable to write terminal prescriptions for patients who live just across the Columbia River in Washington state. [Even though] Washington has such a law, providers can be difficult to find in the southwestern part of the state, where many hospital beds are in religiously affiliated health care facilities that prohibit it.”  The article indicates that advocates intend to challenge the residency requirement in other states with aid-in-dying laws.    Stay tuned.



To view the full article, click here: “Challenge to Residency Requirement in Oregon Medical Aid-in-Dying Statute”

Posted by Mallory Wentz, Associate Editor, Wealth Strategies Journal.

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