|
In
that latter regard the proposed law was also a federal attack on Oregons
Death With Dignity Legislation. "While the Pain Relief Promotion
Act of 1999 would not technically overturn the Oregon law,
it would severely hamper the ability of patients to invoke it, since physicians
would be unable to legally prescribe intentionally lethal doses of federally
controlled substances." "Pain Relief Promotion Act of 1999," H.R.
2260 and S. 1272. [PDF]
The
Pain Relief Promotion Act (PRPA) recognized that relieving pain is a legitimate
medical reason for treating patients with controlled substances, even if their
use increases the risk of death. PRPA also sought to increase education and
training of health care professionals in palliative care, as well as educate
law enforcement agents on the legitimate use of controlled substances in pain
management
. [HTML]
$[Lexis]
Bill
tracking, House of Representatives [HTML]
$[Lexis]
Bill
tracking, Senate [HTML]
$[Lexis]
"Pain
Relief Promotion Act of 1999," H.R. 2260 and S. 1272. [PDF]
Summary:
This AMA position statement summarizes the Pain Relief Promotion Act and specifies
why it is supported by the AMA. The AMA argues that the double effect principles
in the bill are consistent with the AMAs goal to palliate pain without
supporting assisted suicide. This statement also explains the Acts effect
on the Oregon Death with Dignity Act.
Opposes Pain Relief Act, NURSING,
July 1, 2000 at 63. $[Lexis]
$[Westlaw]
Summary:
Article reports the American Nurses Associations opposition to the Pain
Relief Promotion Act because it would allow the Drug Enforcement Administration
discretion in deciding whether a clinician prescribed with the intent to relieve
pain or to aid suicide.
, The Pain Relief Promotion
Act of 1999 and Physician-Assisted Suicide: A Call for Congressional Self-Restraint,
38 SAN DIEGO L. REV.
297 (2001). $[Lexis]
$[Westlaw]
Summary:
Batt examines the Pain Relief Promotion Act and other congressional attempts
to overturn the Oregon Death with Dignity Act. The article also examines the
Commerce Power as Congress authority to regulate physicians prescriptions
of controlled substances and the Acts conflict with traditional state
dominance in medical regulation.
, The Pain Relief Promotion
Act of 1999: Whose Pain Does it Relieve? 12 LOY.
CONSUMER L. REV. 356 (2000).
$[Westlaw]
Summary:
Article discuses the development of drug laws relevant to palliative care and
notes important provisions of the Pain Relief Promotion Act. Specifically discussed
is the argument that criminal sanctions against physicians who use controlled
substances to treat patients might have a chilling effect on adequate pain management.
, The Pain Relief Promotion Act:
Will it Spell Death to "Death with Dignity” or is it Unconstitutional?
27 FORDHAM URB. L.J.
1739 (2000). $[Lexis]
$[Westlaw]
Summary:
Article outlines the Pain Relief Promotion Act and notes its goal to increase
education about palliative care. Fallek also discusses Constitutional challenges
that could be brought against the Act, including federalist Commerce Clause
concerns and equal protection issues. Congress long history of drug regulation
and favorable decisions about its right to regulate drugs under the Commerce
Clause are also noted.
, Pain Relief Promotion Act,
38 HARV. J. ON LEGIS.
249 (2001). $[Lexis]
$[Westlaw]
Summary:
Klinck discusses the Pain Relief Promotion Act that was debated in the 106th
Congress. The author notes that doctors who violate the act by prescribing controlled
substances to assist in a suicide would face revocation of their license to
distribute controlled substances as well as criminal penalties. The article
also examines a possible Commerce Clause challenge that could be brought if
the bill is enacted, and discusses why federal regulation on intrastate prescribing
could be controversial.
, The Complexities of Assisted
Suicide, PATIENT CARE,
Nov. 30, 2000 at 65. [HTML]
$[Lexis]
Summary:
Article discusses the current state of assisted suicide and palliative care.
Diloreto explains how the Pain Relief Promotion Act would limit the Oregon Death
With Dignity Act by punishing physicians for prescribing federally controlled
substances for the purpose of ending life. Opposition to the Act by those who
fear inadequate protection for physicians engaging in palliative care is also
discussed.
, Congress and the Pain Relief
Promotion Act, WESTERN J. OF
MED., Jan. 1, 2000 at 5. $[Lexis]
$[Westlaw]
Summary:
Freer summarizes the Pain Relief Promotion Act, and notes the double effect
reasoning contained within it. Under this reasoning, a doctor who prescribes
controlled substances for the lawful purpose of relieving pain would not be
liable for the secondary outcome of hastening death.
, Better Off Dead? THE
WEEKLY STANDARD, May 29,
2000 at 25. [HTML]
$[Lexis]
$[Westlaw]
Summary:
Article examines the opposition to the Pain Relief Promotion Act. Specifically,
the argument that it would have a chilling effect on aggressive palliation of
pain is discussed.
, Prohibiting Physician-Assisted
Suicide at the Expense of Pain Relief (September, 2001)
|