CIBOLA COUNTY, N.M. — A highly controversial bill that did not even see a vote in the House of Representatives in 2019 has been reproposed to the New Mexico State Legislature this year. House Bill 47, known as the Elizabeth Whitefield End of Life Options Act succeeded in a House Floor vote to advance to the New Mexico Senate.
What does this bill do?
House Bill 47 opens “End of life options” to only terminally ill, legal adult patients suffering through pain. A patient can work with their medical team and if those professionals determine that a patient is eligible for “End of life options,” they may prescribe a “dying medication,” as it is referred to in the text of the bill.
There are several conditions that must be met before a patient can request this option.
First, the patient must voluntarily make the request; second, the patient must have a terminal illness; third, the patient must have the mental capacity to ensure they understand the gravity of their situation doctors can determine if a patient meets this threshold; and fourth, the patient must be able to self-administer the “dying medication.”
The bill is extremely specific in making sure that a patient requesting the medication recognizes what they are asking. There are several forms which must be completed before the patient can receive the medication, alternatives must be discussed by the doctor and “confirmed in the individual’s health record that at least one physician or osteopathic physician licensed pursuant to the Medical Practice Act or the Osteopathic Medicine Act has determined that the individual has capacity, a terminal illness, and the ability to self-administer the medical dying aid. That physician may be the prescribing healthcare provider pursuant to this section, the individual’s hospice healthcare provider or another physician who meets the requirements of this subsection.”
If a patient goes through the process and changes their mind before taking the medication, they have the right to return the medication.
The decision to go forward with the Elizabeth Whitefield End of Life Options Act will not be reflected on the individual’s death certificate; instead the patient’s terminal illness will be listed as the cause of death.
Controversy around the bill
This proposed legislation did not advance in 2019 because debate and eventually a motion killed all hope of the bill proceeding through the legislature. Sentiment toward the bill appears to have changed just two years later, however. The bill has officially passed the 50 percent mark in terms of progress to become a law.
Elizabeth Whitefield was a district court judge in New Mexico’s Second Judicial District. She passed away after advocating for a similar version of this bill in 2017. Whitefield lost her battle with cancer.
Supporters of the bill claim that it will prevent people from suffering from these long-term terminal illnesses. In the House Health and Human Services Committee both public officials and private citizens testified about the benefits to end-of-life options, arguing that the bill can give terminal patients autonomy and control over their disease.
Opponents argued that this bill will damage the concept of the sanctity of life. Several of the testimonies argued that some relatives might use this law to expedite a family member’s death for inheritance reasons, and opponents argued that the bill may violate a medical professional’s Hippocratic Oath.
Where is this bill today?
The Elizabeth Whitefield End of Life Options Act was originally proposed in 2019 by State Representative Deborah A. Armstrong (D — Bernalillo) and Senator Elizabeth Stefanics (D - Bernalillo, Lincoln, San Miguel, Santa Fe, Torrance, Valencia), but the new proposal has picked up an additional three Democratic supporters, two representatives and one senator.
The bill passed the House of Representatives 39-26 along mostly partisan lines with Republican Representative Kelly Fajardo (Valencia) the only Republican to cross party lines and vote yes; six Democrats voted to kill the bill and five members of the chamber were not present to cast a vote on the issue.
As of press time, the bill was waiting for a hearing in the Senate Health and Public Affairs Committee. If passed through that committee the bill moves to the Senate Judiciary Committee; and if it advances the bill proceeds to the Senate Floor for a full vote.
“Right-to-Die”
Nine states and the District of Columbia have “Right-to-Die” laws; New Mexico is just one of many states considering similar laws.
This is the third attempt by Rep. Armstrong to pass this legislation.
Representative Armstrong can be reached by email at deborah.armstrong@nmlegis.gov