The Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) stated in its published opinion dated June 10, 2022: “After nearly a decade of deliberations among “policy makers, religious organizations, experts in the medical community, advocates for persons with disabilities, and patients,” our Legislature passed the Medical Aid in Dying for the Terminally Ill Act (the Act), N.J.S.A. 26:16-1 to -20, which Governor Philip D. Murphy later signed into law. Governor’s Statement upon Signing A. 1504 (Apr. 12, 2019). As defendant represented to us at oral argument, since its enactment, ninety-five New Jersey residents have invoked the Act and ended their lives, without, to our knowledge, a single family member or interested party objecting to those unquestionably difficult end of life decisions. Nor has any report surfaced that any person utilized the Act for an improper or illegal purpose.”

A doctor, a pharmacist, and a terminally ill patient filed a lawsuit to challenge the Act.

Medical Aid in Dying for the Terminally Ill Act (“Act”)

The Act permits an adult New Jersey resident with a terminal illness and whose physician has determined that he or she has a life expectancy of six months or less to be considered a “qualified terminally ill patient.” N.J.S.A. 26:16-3. Once so qualified, a terminally ill patient may request and obtain from his or her physician a prescription for medication that the patient can choose to self-administer to end his or her life in a “humane and dignified manner.” N.J.S.A. 26:16-3; N.J.S.A. 26:16-4. In prescribing the medication, the physician must inform the patient of the patient’s medical diagnosis and prognosis and the potential risks associated with taking the medication. N.J.S.A. 26:16-6.

The physician is obligated to explain to the patient the probable result of taking the medication and discuss feasible alternatives, including, “additional treatment opportunities, palliative care, comfort care, hospice care, and pain control.” N.J.S.A. 26:16-6. In order to request the medication, a terminally ill patient must have capacity “to make health care decisions and to communicate them to a health care provider, including communication through persons familiar with the patient’s manner of communicating if those persons are available.” N.J.S.A. 26:16-3.

Nothing in the Act authorizes a physician or any other person to end a patient’s life by lethal injection, active euthanasia, mercy killing, or assisted suicide. N.J.S.A. 26:16-15. Further, a guardian, conservator, or health care representative may not take any action on behalf of a patient pursuant to the Act with the exception of “communicating the patient’s health care decisions to a health care provider if the patient so requests.” N.J.S.A. 26:16-16.

The New Jersey Appellate Court stated: “In light of the voluntary nature of the Act as established by its express terms and operation, we find plaintiffs’ standing arguments without merit. As to Dr. Glassman, we perceive no conflict between the Act’s voluntary nature and the duties imposed on a physician by N.J.A.C. 13:35-6.22 … the Act provides that when a physician chooses not to participate, the patient should request that his or her records be transferred to a health care provider that is willing to participate. N.J.S.A. 26:16-17(c). Thus, pursuant to the Act, a physician is not required to initiate the termination of the physician-patient relationship. Rather, it is the patient’s prerogative to do so. Under those circumstances, there is no conflict with N.J.A.C. 13:35-6.22.”

“With respect to Petro, he is a terminally ill patient who has chosen not to request EOLM [end of life medication]. Nothing in the Act compels Petro to request or ingest the medication. Thus, no judicial decision regarding the Act will affect him.”

Furthermore, “plaintiffs have not established that the Act burdens their religious beliefs. As noted, the only action required of a physician who decides to not voluntarily participate in the Act is the relatively administrative task of transferring the patient’s records to another health care professional who is willing to comply with the Act.”

Source

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