California Assembly approves right-to-die legislation

Debbie Ziegler
Debbie Ziegler holds a photo of her daughter — Brittany Maynard, the California woman with brain cancer who moved to Oregon to legally end her life last fall — during a news conference to announce the reintroduction of right-to-die legislation in August.

Join Me on The Death Chicks Crowdcast Show

I’m going to be a guest on The Death Chicks Show!

09/10/15, Noon Pacific and 3pm Eastern

(Does that make me a death dude?  I’ll have to ask them.)

 
 
Who here is an expert in ACTUALLY dying???

Have you done it?

To achieve expert status, one usually has to be proficient in something or have done something over and over again.  Hmmm… kind of tough with the death thing”, eh?.  Even those who have had near death experiences are still amateurs in a way– because they’re back!  They didn’t do it right the first time! 😉

This is why we LOVE the title of this book and the work that Richard Wagner, PhD has been doing for the last 30 years.  Since we are all amateurs at “the death thing”, there is actually a road map for those who are dying and will be dying.  Is that you?

ABOUT OUR GUEST
Richard Wagner, Ph.D. is a psychotherapist/sex therapist in private practice in Seattle, WA, 1981 to present.  He has AGDD_front coverover 30 years of experience working with terminally ill, chronically ill, elder, and dying people in hospital, hospice, and home settings.  He facilitates support groups for care-providers as well as healing and helping professionals.  He provides grief counseling for survivors both individually and in groups settings. He is the Founder of PARADIGM/Enhancing Life Near Death, a cutting edge, health related nonprofit organization.

Dr. Wagner was awarded the prestigious University of California, San Francisco Chancellor’s Award for Public Service in 1999 for this very work.

He is also the author of Longfellow And The Deep Hidden Woods, a critically acclaimed children’s book that touches upon the topics of death and bereavement.

Dr. Wagner was born in Chicago and grew up in Niles, Illinois, a Northwest suburb. He left home to attend the seminary after high school and graduated from Oblate College in Washington, DC in 1972. He moved to Oakland, California in 1972 and studied at The Jesuit School of Theology (part of the Graduate Theological Union) in Berkeley.  He was ordained as a priest in November, 1975 and obtained his Ph.D. in 1981. Dr. Wagner lived in Oakland until 1978 and moved to San Francisco until 1999.  He then relocated to Seattle, Washington where he lives today.

Richard can be reached at https://theamateursguide.com

ABOUT YOUR HOSTS
+The Death Chicks   show was created to shine light on the tabooed topics of death, dying, grief, and loss.  We’re listening to all perspectives and having the conversations that we as human beings who live and die on this earth, need to have, without fear of judgement.

+Patty Burgess Brecht   is the President of Possibility for Doing Death Differently and Teaching Transitions.  She is an End-of-Life Educator and Certified Grief Recovery Specialist.  She is the developer of the End of Life Specialist Training and Certification (CEOLS), and teaches individuals and organizations how to Do Death Differently by not being overwhelmed or afraid of death, but to seek and experience the joy, the passion, and the even the exhilaration inherent in the honor of BEing with the dying.  Her video-based, online, inspiring course is used in hospices, hospitals, home care, colleges and universities across the country and is now open to individuals who are drawn to this work.

www.doingdeathdifferently.com – for Individuals
www.teachingtransitions.com – Hospices and Colleges/Universities

+Myste Lyn  is an Empowerment Coach who specializes in supporting women recovering from loss.  Myste is an intuitive healer who reconnects women with their inner place of peace.  She specializes in reducing fears, alleviating guilt, and creating inner confidence.  http://www.bittersweetblessing.com/

Join  on Thursdays Noon Pacific and 3pm Eastern.

As we like to say NO ONE is getting out of this gig alive!   So we may as well talk about, learn about it, plan for it, lean into it, and feel comfortable with it when it is our time or the time of our loved ones.

Please share and help us get the word out!

Can you think of someone:

  • who is facing their own death and might be comforted by a roadmap
  • who is burdened by very heavy feelings, and could use some help re-entering life after a death?

If you do, please pass this invitation on (or after the fact, recording…).

You never know when a suggestion out of the blue from YOU, can give another a reason to go on.  This could make a true difference for another. And there are people, only a mouse click away to with whom to connect and share.

A GREAT NEW WAY TO WAY TO WATCH THE SHOW:
The new crowdcast app lets you watch the show from Facebook, Twitter, or simply sign in via email, and of course you can always watch it from this page or YouTube.  For those not on Google plus, they can watch it from where ever they are happiest!  Find your happy place here:
https://www.crowdcast.io/e/mystelyn(new)6

See you there!

 

CLICK ON THE LINK BELOW:

The Amateurs Guide to Death and Dying: A Truly Aventurous Way to Explore Your Mortality

 

Thu, September 10, Noon Pacific and 3pm Eastern

Hangouts On Air – Broadcast for free

The nature of death

Burial, cremation, or full fathom five? I can see the allure of a watery grave

By 

Eighty-five-year-old twins from Brooklyn are setting off on what they say will be their final voyage. Their plan to die at sea has an undeniable romance

Sunset over the sea
‘The sea is where we came from in the first place. There’s a definite romance to saying goodbye to the land, and setting sail for that last adventure.

The endlessness of the sea offers an eternal alternative. Perhaps if we just pushed off into it, we could escape death itself – as if its amniotic waters might be a return to a universal womb. After all, the sea is where we came from in the first place. There’s a definite romance to saying goodbye to the land, and setting sail for that last adventure.

Van and Carl Vollmer, 85-year-old twins from Brooklyn, certainly think so. The brothers are about to embark on the handsome 158ft, three-masted barquentine, the Peacemaker, on a round-the-world voyage in search of remote islands and sunken galleons, from the Panama Canal to the Great Barrier Reef, the Philippines, and on to the Mediterranean.

In order to get there, the pair – who currently live on a powerboat moored on City Island – have bill-posted Brooklyn’s hipster district of Williamsburg with an enticing proposition: “Brooklyn sea captain seeking crew!” They’re advertising for a 12-strong, able-bodied crew of men and women, including a mechanic, deckhand, cook, nutritionist and an aquaponic gardener to grow vegetables on top of fish tanks – a kind of hip 21st-century version of Ahab’s crew on the Pequod in Herman Melville’s Moby-Dick. They’ll even get suitably retro uniforms of old-fashioned sailor pants with 13 buttons and yellow-and-white striped shirts. I’m guessing they’ll all have beards already.

But instead of a demented captain suicidally spearing a great white whale, the Vollmer twins are instructing their shipmates that when the time comes, they’ll be glad to go over the side. “To swim with the fishes for eternity”, as Van Vollmer says. “We want to spend the rest of our lives on this boat”, Carl adds. “We want to get thrown overboard”. Melville, who lived and died by the New York waterfront, would approve of such wild ambition. Having ended his own life as an ageing customs inspector on the Manhattan wharves looking out longingly to sea, the great writer probably wished he had done the same. Indeed, it’s a scene reminiscent of his last, elegiac seafaring tale, Billy Budd, whose protagonist ends up consigned to the deep: “…roll me over fair! / I am sleepy, and the oozy weeds about me twist.”

But not everyone is happy about the Vollmers’ intentions. At least one crew member, Steven, chosen by the twins as their first mate, is equivocal about this duty. “Van kind of brings it up and he’s like, ‘I want to teach you everything I know so when you dump me into the sea you can take over.’ I’m hoping that’s just some kind of expression. It’s not something I really want to think about.”

Not going gently into the good night but raging against the dying of the light, as Dylan Thomas recommended, has a long maritime tradition. It is an ambition peculiarly suited to the sea – particularly in our fractured archipelago of the British Isles. In Charles Dickens’s David Copperfield, Mr Peggotty, the Yarmouth fisherman, says of his brother-in-law Mr Barkis as he lies dying: “People can’t die, along the coast … except when the tide’s pretty nigh out … He’s going out with the tide. It’s ebb at half-arter three, slack water half-an-hour. If he lives till it turns, he’ll hold his own till past the flood, and go out with the next tide.” Nowadays, anyone hoping to swim with the fishes in eternity without going to the bother of sailing into the blue yonder can opt for burial at sea off the Isle of Wight, in a designated zone.

Meanwhile, the modern Odysseus takes to the ocean liner. Wealthy wanderers of a certain age have sold up on land to live at sea in permanently rented suites. A somewhat ominous-sounding company called Utopia caters to those who intend to spend the rest of their lives on the briny, while US websites discuss the practicalities, pondering, “Is cruise ship retirement cheaper than assisted living?”.

Beatrice Muller thought so. After her husband died on the QE2 as it sailed out of Bombay in 1999, she announced her intention to live on the liner till the end of her days, paying £3,500 a month for the privilege. Unfortunately for Mrs Muller, she outlasted the ship; it went into retirement in 2008. And although the stalwart senior citizen continued to defy the land – “I’ll keep on staying at sea”, she said, aged 89, “I don’t want to go back to housekeeping” – sadly, she seems to have ended up in a retirement home in New Jersey.

As someone who swims in the sea every day, I’ve often considered it as my last resting place; that like Barkis, I might be taken out with the tide. After all, I wouldn’t be using up valuable land space, or contributing to climate change. It sounds almost idyllic. “Full fathom five my father lies”, as Ariel sings in The Tempest, “Of his bones are coral made”, transformed “into something rich and strange”. But then I think of how lonely it might be, nibbled away by crawling slimy things where “the very deep did rot”, as the fated Ancient Mariner saw it. And would I really want to be recycled by lobsters, to end up in the food chain? Perhaps it’s not such a reassuring thought after all.

Complete Article HERE!

A Racial Gap In Attitudes Toward Hospice Care

By Sarah Varney

Pastor Vernal Harris and his wife Narseary Harris before regular church services at Prince of Peace Temple in Buffalo, N.Y. After experiencing hospice care during the death of their son Solomon, Harris and his wife have become advocates of Hospice care for the terminally ill in the communities they serve. (Photo by Brendan Bannon for The New York Times)
Pastor Vernal Harris and his wife Narseary Harris before regular church services at Prince of Peace Temple in Buffalo, N.Y. After experiencing hospice care during the death of their son Solomon, Harris and his wife have become advocates of Hospice care for the terminally ill in the communities they serve.

BUFFALO — Twice already Narseary and Vernal Harris have watched a son die. The first time — Paul, at age 26 — was agonizing and frenzied, his body tethered to a machine meant to keep him alive as his incurable sickle cell disease progressed. When the same illness ravaged Solomon, at age 33, the Harrises reluctantly turned to hospice in the hope that his last days might somehow be less harrowing than his brother’s.

Their expectations were low. “They take your money,” Mrs. Harris said, describing what she had heard of hospice. “Your loved ones don’t see you anymore. You just go there and die.”

Hospice use has been growing fast in the United States as more people choose to avoid futile, often painful medical treatments in favor of palliative care and dying at home surrounded by loved ones. But the Harrises, who are African-American, belong to a demographic group that has long resisted the concept and whose suspicions remain deep-seated.

It is an attitude borne out by recent federal statistics showing that nearly half of white Medicare beneficiaries enrolled in hospice before death, compared with only a third of black patients. The racial divide is even more pronounced when it comes to advance care directives — legal documents meant to help families make life-or-death decisions that reflect a patient’s choices. Some 40 percent of whites aged 70 and over have such plans, compared with only 16 percent of blacks.

Instead, black Americans — far more so than whites — choose aggressive life-sustaining interventions, including resuscitation and mechanical ventilation, even when there is little chance of survival.

The racial gaps could widen when Medicare is expected to begin paying physicians in January 2016 for end-of-life counseling, and at a time when blacks and other minorities are projected to make up 42 percent of people 65 and over in 2050, up from 20 percent in 2000.

At the root of the resistance, say researchers and black physicians, is a toxic distrust of a health care system that once displayed “No Negroes” signs at hospitals, performed involuntary sterilizations on black women and, in an infamous Tuskegee study, purposely left hundreds of black men untreated for syphilis.

maisha1
Dr. Maisha Robinson, a neurologist at the University of California, Los Angeles.

“You have people who’ve had a difficult time getting access to care throughout their lifetimes” because of poverty, lack of health insurance or difficulty finding a medical provider, said Dr. Maisha Robinson, a neurologist and palliative medicine physician at the Mayo Clinic in Jacksonville, Fla. “And then you have a physician who’s saying, ‘I think that we need to transition your mother, father, grandmother to comfort care or palliative care.’ People are skeptical of that.”

Federal policies surrounding hospice also arouse suspicion in black communities since Medicare currently requires patients to give up life-sustaining therapies in order to receive hospice benefits.

That trade-off strikes some black families, who believe they have long had to fight for quality medical care, as unfair, said Dr. Kimberly Johnson, a Duke University associate professor of medicine who has studied African-American attitudes about hospice.

Dr. Johnson said her black patients were more likely to believe there are actual religious prohibitions against limiting life-sustaining therapy, and that suffering can be redemptive, or “a test from God.” And those beliefs, she added, were “contrary to the hospice philosophy of care.”

But now some doctors and clergy members are trying to use church settings to reshape the black community’s views, incorporating the topic in sermons, Bible study groups and grief and bereavement ministries.

Dr. Robinson, who is black and a daughter of Tennessee pastors, has been helping pastors develop faith-based hospice guidelines. She tells them, “God can work miracles, yes he can, but even in hospice.”

That message recently rang out from the pulpit at God Answers Prayer Ministries, an African- American church in South Los Angeles, as Bishop Gwendolyn Coates-Stone tried a sermon theme on advance care.

“It’s such a great cost to hold on to some of those sicknesses and diseases that eventually are going to take us out,” she exclaimed into a microphone, bobbing and weaving in a swirl of royal purple robes. “Just like Jesus talked about his death and prepared his disciples for his death, we ought to be preparing our disciples for our death!”

In a moment of benediction, Bishop Coates-Stone made a direct plea: “Help us Lord to have the courage to have conversations with our families,” she said, “that will also not leave them wandering and wondering, ‘What should I do in case of the death of a loved one?’”

A gathering of older blacks convened recently by Dr. Robinson in Leimert Park, a middle-class Los Angeles neighborhood, underscored the challenges such efforts still face.

“Hospice has not been a good place for African-Americans, unless you’re in a white facility and usually you’re one of few black people there,” said one woman, who along with others attending the gathering asked not to be identified in order to speak frankly.

That sentiment was greeted by nods from others in the group. “It gets into money,” another woman said. “The treatment is a little bit better, but then there is still the discrimination.”

Advance directives, in particular, are often seen as sinister, a way for insurance companies to maximize profits. “If you say you want at all costs to live, and they say, ‘Well, your insurance company doesn’t allow that,’ then they’re going to pull the plug anyway,” said the host of the gathering, Loretta Jones, 73, founder of Healthy African-American Families in Los Angeles.

To help allay those concerns, physicians need to be more explicit during end-of-life discussions, Dr. Robinson said. “We have to be much clearer about why we’re trying to have those conversations, or we’ll continue to see a pattern of people who really want life-sustaining interventions even when there’s limited potential benefit.”

Camille Wicher, vice president of clinical operations at Roswell Park Cancer Institute in Buffalo, who has studied African-Americans’ end-of-life choices, said hospitals needed to enlist black families who have had good hospice experiences to share their stories with friends and church members.

“That’s how we learn,” she added. “We learn from each other.”

The Harrises are trying to use their experience to carry out that work.

The agony of their son Paul’s death in a hospital room informed their treatment decisions when their next son, Solomon, became gravely ill. When his doctor conceded that blood transfusions were of little help, Solomon assented to hospice care in his parents’ home. If he was going to be robbed of his future, Solomon would not, his parents decided, be robbed of a good death.

 

As his health failed, nurses from the hospice in Buffalo managed his pain and bathed him tenderly. A social worker helped the family grieve and counseled his young children.

All the while, parishioners from his parents’ church visited Solomon, amazed to find that hospice was not the grim banishment they had always envisioned.

“One of the members said, ‘I thought you were going to put Solomon in hospice,’ ” Mrs. Harris recalled. “I said, ‘We did.’ ‘Well, when is he going?’ I said, ‘They come here.’ ‘They come to your house?’ ‘Yeah, they’re taking care of him right here.’ ”

There was even time for reflection, as Solomon wrote in a poem called “After Life.”

“Fear death?” he wrote. “No, I await death.”

Solomon died a short while later, but the Harrises say his death has had a lasting impact.

“The people in our immediate circle now view hospice positively,” Mrs. Harris said. “I think our experience was powerful enough that it changed people’s attitudes.”

Mr. Harris, the pastor of Prince of Peace Temple Church of God in Christ, often evangelizes about hospice during his Sunday morning sermons, while Mrs. Harris has enlisted the wives of black pastors in Western New York, known as the “First Ladies,” to counter negative views about palliative care. At a recent meeting, the women discussed older church members who might benefit from hospice, and Mrs. Harris wanted to hear how parishioners in the women’s churches responded to some recent outreach.

“It really opened up people’s eyes to the negative stigma of it, feeling like, ‘I’m just putting my loved one away, and not caring for them,’ ” said Joyce Badger of Bethesda World Harvest International Church in Buffalo. “The power of knowledge that we’ve gained is really going to help our community.”

Complete Article HERE!

The Liberty to End One’s Life

How the marriage equality movement led the way for death with dignity.

By

terminally ill.
As the death with dignity movement builds a critical mass, social and political pressure may force even conservative states to consider easing restrictions on physician-aided suicide.

Aja Riggs doesn’t want the state of New Mexico to dictate how she’ll die. Riggs suffers from uterine cancer—currently in remission, but likely to return—and fears it will leave her in excruciating pain during her final days. To avoid so much torment, Riggs wants to be sure her doctor can ease her into death through a painless overdose if she so chooses. But New Mexico law prohibits physician-assisted suicide. So Riggs, along with two oncologists, is suing to have the statute struck down as a violation of her fundamental rights under the state constitution.

Initially, Riggs scored a major win in a state district court, which found that terminally ill patients have a fundamental liberty interest in securing assisted suicide. Earlier this month, however, an appeals court reversed that ruling. The setback is probably temporary. Bolstered by a blistering, incisive dissent, Riggs is taking her case to the progressive state Supreme Court. There, she hopes she can persuade the justices to force New Mexico to respect the legal rights of dying patients.

Court challenges to assisted suicide bans are nothing new. In a 1997 case calledWashington v. Glucksberg, a badly fractured U.S. Supreme Court rejected a broad challenge to Washington’s prohibition. Five members of the court held that the right “to assistance in committing suicide is not a fundamental liberty interested protected by the Due Process Clause.” Only “those personal activities and decisions” that are “deeply rooted in our history and traditions,” the majority wrote, are protected by the Constitution—and assisted suicide is not “deeply rooted” in the American tradition. At the same time, five justices also found that “suffering patients” may have “a constitutionally cognizable interest in obtaining relief from the suffering that they may experience in the last days of their lives.”

This apparently contradictory ruling was the handiwork of Justice Sandra Day O’Connor. A consummate baby-splitter, O’Connor tried to bridge the gap between the court’s liberal and conservative blocs. Instead, she created a paradoxical ruling that has, ever since, stood on extremely shaky constitutional grounds. In fact, the court’s recent ruling in the same-sex marriage case Obergefell v. Hodges seriously dented the validity of Glucksberg by replacing its crabbed logic with a more modern, expansive definition of “liberty.” (Chief Justice John Roberts accused the Obergefellmajority of “effectively overruling” Glucksberg—as though that’s a bad thing.)

The New Mexico Constitution has a due process clause that’s virtually identical to the one in the United States Constitution, which holds in the Fifth and 14th amendments that no one shall be deprived of “life, liberty, or property, without due process of law.” Like the federal version, New Mexico’s protects substantive rights fundamental to individual dignity and autonomy. But the New Mexico Supreme Court has declared that its state constitution may be interpreted more expansively, to encompass a grander definition of individual dignity. Riggs argues that the New Mexico Constitution should protect her right to choose when to end her suffering.

001In a somewhat apologetic decision, the court of appeals refused to allow this more generous reading, holding that the state may force a terminally ill patient in extreme agony to remain alive until her life reaches “its natural end.” But in dissent, Judge Linda M. Vanzi laid waste to the majority’s argument, writing that it “reflects a shocking disrespect for the individuals whose circumstances would bring them to seek aid in dying.” Vanzi first notes, correctly, that Obergefell seriously erodes—and maybe even overrules—Glucksberg. (Same-sex marriage, after all, certainly isn’t “deeply rooted” in American history.) She then explains that even ifGlucksberg remained good law, she would “reject it as unpersuasive, flawed, and inadequate to protect the rights of New Mexicans.” Instead, Vanzi writes that New Mexico’s own traditional respect for individual autonomy should lead the court to hold that the state’s citizens have a “liberty right to aid in dying from a willing physician.”

And if New Mexico’s due process clause implies this right, another provision all but demands it. In a passage unique to the New Mexico Constitution, “all persons” in the state are promised “natural, inherent and inalienable rights.” Among these are “the rights of enjoying and defending life and liberty … and of seeking and obtaining safety and happiness.” This provision, Vanzi asserts, “affords New Mexico citizens the right and agency to defend their lives and liberty by availing themselves of aid in dying” when terminally ill. The state simply cannot justify “intrud[ing] upon the doctor-patient relationship as it relates to the constitutional right to aid in dying.” Vanzi concludes:

The question at the heart of this case is who has the right to decide when and how a mentally competent, terminally ill New Mexican will end her life after the options for meaningful improvement of her terminal condition have been exhausted, such that “life” means being forced to endure unbearable suffering until death arrives. … Other choices and decisions central to personal autonomy and dignity have long enjoyed the status of constitutionally protected liberty interests. I would hold that the New Mexico Constitution protects aid in dying as a liberty interest.

Vanzi’s brave, powerful dissent is likely to become a rallying cry for the death with dignity movement. But it is also aimed squarely at the New Mexico Supreme Court itself, to which Riggs will appeal her case. There, she may have more luck: All five justices are Democrat-affiliated and have proven quite liberal on issues of personal dignity, including marriage equality. Should they side with Riggs, New Mexico will become the fifth state where terminally ill patients are afforded the liberty to end their lives. That might help create momentum in other states whose legislatures are considering assisted suicide measures.

As the death with dignity movement builds a critical mass, social and political pressure may force even conservative states to consider easing restrictions on physician-aided suicide. This model worked gangbusters with same-sex marriage, and death with dignity advocates are clearly hoping to employ it for their own cause. Eventually, they may even achieve an Obergefell­-type ruling for the movement declaring that the American conception of liberty includes a right for terminally ill patients to choose when to die.

Of course, opponents of physician-assisted suicide like to argue that legislatures, not the courts, should decide the legality of the practice. Yet the constitutional guarantees of life and liberty ring hollow if patients like Aja Riggs are deprived the liberty to end their own lives.

Complete Article HERE!