1994 Oregon Ballot Measure 16

Referendum on medical aid in dying Measure 16 Death with Dignity Act: Allows Terminally Ill Adults to Obtain Prescription for Lethal Drugs 1994 11 8 627,980 596,018 1994 Oregon Measure 16.svg County resultsYes: #B6C8D9 50–60% #7D9CBB 60–70%No: #DEDEBD 50–60% #BCBC83 60–70% Measure 51 Would have repealed Measure 16 if successful; referred by legislature 1997 11 4 445,830 666,275 1997 Oregon Measure 51.svg County resultsYes: #B6C8D9 50-60%No: #DEDEBD 50–60% #BCBC83 60–70% Measure 16 of 1994 established the U.S. state of Oregon's Death with Dignity Act (ORS 127.800–995),https://www.oregonlegislature.gov/bills_laws/ors/ors127.html Chapter 127.800–995 The Oregon Death with Dignity Act Oregon State Legislature which legalizes medical aid in dying (commonly referred to as physician-assisted suicide) with certain restrictions. Passage of this initiative made Oregon the first U.S. state and one of the first jurisdictions in the world to permit some terminally ill patients to determine the time of their own death.January 2013 The measure was narrowly approved in the November 8, 1994, general election. 627,980 votes (51.3%) were cast in favor, 596,018 votes (48.7%) against.https://sos.oregon.gov/blue-book/Documents/elections/initiative.pdf Initiative, Referendum and Recall: 1988–1995 Oregon Blue Book An injunction delayed implementation of the Act until it was lifted on October 27, 1997.http://public.health.oregon.gov/ProviderPartnerResources/EvaluationResearch/DeathwithDignityAct/Pages/faqs.aspx#whatis Oregon's Death with Dignity Act Oregon.gov Measure 51, referred in the wake of the US Supreme Court's 1997 ruling in Washington v. Glucksberg by the state legislature in November 1997, sought to repeal the Death with Dignity Act, but was rejected by nearly 60% of voters.https://sos.oregon.gov/blue-book/Documents/elections/initiative.pdf Initiative, Referendum and Recall: 1996–1999 Oregon Blue Book The act was challenged by the George W. Bush administration, but was upheld by the Supreme Court of the United States in Gonzales v. Oregon in 2006. Measure 16 Results by County: County Yes Votes No Votes TotalBaker42.022,77957.983,8356,614Benton50.5716,37649.4316,00632,382Clackamas51.3966,80748.6163,191129,998Clatsop52.557,24147.456,53913,780Columbia52.298,45447.717,71416,168Coos49.9912,27050.0112,27324,543Crook45.662,93254.343,4896,421Curry55.815,10744.194,0449,151Deschutes51.1219,24548.8818,40537,650Douglas44.7417,56055.2621,69339,253Gilliam52.4947447.51429903Grant45.651,55254.351,8483,400Harney43.121,22556.881,6162,841Hood River49.733,35650.273,3936,749Jackson51.5833,19148.4231,16364,354Jefferson45.442,31254.562,7765,088Josephine50.0413,67249.9613,64827,320Klamath45.049,43054.9611,50820,938Lake42.141,36457.861,8733,237Lane56.3269,57843.6853,955123,533Lincoln60.5610,92039.447,11218,032Linn44.5516,73755.4520,83537,572Malheur35.753,03264.255,4488,480Marion44.8043,28455.2053,33096,614Morrow41.041,20258.961,7272,929Multnomah56.87138,25743.13104,844243,101Polk43.6010,07056.4013,02823,098Sherman50.5248349.48473956Tillamook53.205,29846.804,6609,958Umatilla42.657,98757.3510,74118,728Union47.194,69052.815,2499,939Wallowa45.481,60954.521,9293,538Wasco46.704,28153.304,8879,168Washington52.2572,26847.7566,047138,315Wheeler39.7829060.22439729Yamhill44.1612,19755.8415,42127,618 Measure 51 Results by County: County No Votes Yes Votes TotalBaker52.823,23247.182,8876,119Benton62.6117,03937.3910,17427,213Clackamas59.3970,47040.6148,189118,659Clatsop61.557,82638.454,88812,714Columbia60.119,90039.896,56916,469Coos60.5913,96039.419,07923,039Crook55.613,37044.392,6906,060Curry65.995,67434.012,9238,597Deschutes61.4323,47538.5714,73738,212Douglas53.8818,59846.1215,92034,518Gilliam58.5649641.44351847Grant49.741,55450.261,5703,124Harney49.921,30150.081,3052,606Hood River57.963,70242.042,6856,387Jackson58.7234,09941.2823,97658,075Jefferson56.982,83443.022,1404,974Josephine57.9914,95542.0110,83325,788Klamath55.4410,34844.568,31818,666Lake51.201,43348.801,3662,799Lane63.8267,86036.1829,389106,331Lincoln69.5811,93630.425,21917,155Linn52.2617,08047.7415,60432,684Malheur42.583,43157.424,6268,057Marion54.0047,22746.0040,22987,456Morrow50.631,33649.371,3032,639Multnomah65.56142,19734.4474.687216,884Polk53.7410,78346.269,28120,064Sherman60.7250739.28328835Tillamook64.206,04535.803,3719,416Umatilla55.579,66944.437,73017,399Union58.065,46241.943,9459,407Wallowa52.641,74247.361,5673,309Wasco56.854,97843.153,7798,757Washington59.4276,38140.5852,172128,553Wheeler50.3635249.64347699Yamhill54.4515,02345.5512,56827,591 The law Under the law, any competent adultOregon Health Authority : Frequently Asked Questions : Death with Dignity Act : State of Oregon https://www.oregon.gov/oha/ph/providerpartnerresources/evaluationresearch/deathwithdignityact/pages/faqs.aspx#whatis www.oregon.gov 19 February 2023 As of March 2022, the Oregon Health Authority is no longer enforcing the DWDA's residency requirement. who has been diagnosed, by a physician, with a terminal illness that will kill the patient within six months may request in writing, from his or her physician, a prescription for a lethal dose of medication for the purpose of ending the patient's life. Exercise of the option under this law is voluntary and the patient must initiate the request. Any physician, pharmacist, or other healthcare provider who has moral objections has the right to refuse to participate. The request must be confirmed by two witnesses, at least one of whom is not related to the patient, is not entitled to any portion of the patient's estate, is not the patient's physician, and is not employed by a health care facility caring for the patient. After the request is made, another physician must examine the patient's medical records and confirm the diagnosis. The patient must be determined to be free of a mental condition impairing judgment. If the request is authorized, the patient must wait at least fifteen days and make a second oral request before the prescription may be written; since 2020, the patient's attending physician has been allowed to waive this waiting period if the patient "will, within reasonable medical judgment, die within 15 days after making the initial oral request."Oregon Senate Bill 579 (2019) https://olis.oregonlegislature.gov/liz/2019R1/Downloads/MeasureDocument/SB579/Enrolled 21 February 2026 PDF Notwithstanding subsection (1) of this section, if the qualified patient’s attending physician has medically confirmed that the qualified patient will, within reasonable medical judgment, die within 15 days after making the initial oral request under this section, the qualified patient may reiterate the oral request to his or her attending physician at any time after making the initial oral request.Oregon Health Authority : Frequently Asked Questions : Death with Dignity Act : State of Oregon https://www.oregon.gov/oha/PH/PROVIDERPARTNERRESOURCES/EVALUATIONRESEARCH/DEATHWITHDIGNITYACT/Pages/faqs.aspx#exempt www.oregon.gov 21 February 2026 Starting January 1, 2020, patients are exempt from any waiting period that exceeds their life expectancy. Patients with less than 15 days to live are exempt from the 15-day waiting period between the first and second oral requests for medication. Patients with less than 48 hours to live are exempt from the 48-hour waiting period between the patient’s written request and the writing of the DWDA prescription. The patient has a right to rescind the request at any time. Should either physician have concerns about the patient's ability to make an informed decision, or feel the patient's request may be motivated by depression or coercion, the patient must be referred for a psychological evaluation. The law protects doctors from liability for providing a lethal prescription for a terminally ill, competent adult in compliance with the statute's restrictions. Participation by physicians, pharmacists, and health care providers is voluntary. The law also specifies a patient's decision to end his or her life shall not "have an effect upon a life, health, or accident insurance or annuity policy." Impact From the beginning of 1999 through the end of 2024, a total of 4,881 people have had prescriptions written and 3,243 patients have died from ingesting medications prescribed under the act.https://www.oregon.gov/oha/PH/PROVIDERPARTNERRESOURCES/EVALUATIONRESEARCH/DEATHWITHDIGNITYACT/Documents/year27.pdf Oregon Death with Dignity Act: 2024 Data Summary 2025-03-27 Oregon Public Health Division State of Oregon 2026-02-21 The median age of the 3,243 patients who died from ingesting medication was 73; 69.2 percent of patients had malignant neoplasms (cancer). Of the 3,243, 53.1% were male (46.9% female); 45.1% had a Baccalaureate degree or higher; 45.2% were married; primary end of life concerns were loss of autonomy (90.1%), inability to make life enjoyable (89.4%), and loss of dignity (69.4%). An independent study published in the October 2007 issue of the Journal of Medical Ethics reports there was "no evidence of heightened risk for the elderly, women, the uninsured, people with low educational status, the poor, the physically disabled or chronically ill, minors, people with psychiatric illnesses including depression, or racial or ethnic minorities, compared with background populations."Legal physician-assisted dying in Oregon and the Netherlands: evidence concerning the impact on patients in "vulnerable" groups. Battin, P. et al. Journal of Medical Ethics 2007;33:591–597 The Death with Dignity Act was the basis of the Washington Death with Dignity Act in 2008. In 2011 the documentary film How to Die in Oregon was released. It won the Grand Jury prize for documentary film at the 27th Sundance Film Festival. According to Dignity in Dying, Lord Falconer's Assisted Dying Bill, first tabled in the House of Lords in June 2014, "draws on the experience" of the Death with Dignity Act. http://www.dignityindying.org.uk/assisted-dying/lord-falconers-assisted-dying-bill/ Lord Falconer's Assisted Dying Bill Dignity in Dying 2015-06-27 Attempts to repeal In addition to arguments against physician-assisted dying, opponents feared that terminally ill people throughout the nation would flock to Oregon to take advantage of the law. This fear has not been realized, largely because drafters of the law limited its use to Oregon residents. Howell Joseph Death With Dignity Act 2006 Annual Report State of Oregon 2007-04-11 2006 http://egov.oregon.gov/DHS/ph/pas/ Despite the measure's passage, implementation was tied up in the courts for several years. In 1997, the Oregon Legislative Assembly referred Measure 51, which would have repealed the act, to the ballot. Proponents of Measure 51 argued that the Death with Dignity Act lacked a mandatory counseling provision, a family notification provision, strong reporting requirements, or a strong residency requirement.Voters' Pamphlet Special Election 1997 – Measure 51 Legislative Argument in Support Measure 51 opponents argued that sending the measure back to voters was disrespectful considering they had already passed Measure 16 via the initiative process. They also felt that the safeguards in the Death with Dignity Act were adequate. Measure 51 was defeated in the November 4, 1997, special election with 445,830 votes in favor, and 666,275 votes against.Measure 51 election results from Oregon Secretary of State Some members of the United States Congress, notably Senator Don Nickles of Oklahoma, tried to block implementation of Measure 16, but failed.Dignified suicide Wentz Patty Willamette Week http://www.wweek.com/html/25-1994.html#suicide 2010-07-07 https://web.archive.org/web/20100113173747/http://wweek.com/html/25-1994.html#suicide 2010-01-13 deadhttp://www.thebody.com/content/art16692.html Senate Bill To Nullify Death With Dignity Act Also Threatens Pain Care Nationwide Body Health Resources Corporation Compassion in Dying Spring 2000 2007-04-17 In 2002, federal judge Robert E. Jones blocked a move by United States Attorney General John Ashcroft to suspend the license for prescribing drugs covered in the Controlled Substances Act of doctors who prescribed life-ending medications under the Oregon law.Johnson Kevin Federal judge backs Oregon suicide law USA Today 2002-04-18 2007-03-18 https://www.usatoday.com/news/nation/2002/04/17/court-suicide.htm The Ninth Circuit Court of Appeals affirmed the block, stating that the "Attorney General lacked Congress' requisite authorization".http://openjurist.org/368/f3d/1118/oregon-v-ashcroft-asa-w Oregon V Ashcroft May 26, 2004 2003 F3d 368 1118 In October 2005, the U.S. Supreme Court heard arguments in the case of Gonzales v. Oregon to determine the fate of the Death with Dignity law. Arguing on behalf of the state was Oregon Senior Assistant Attorney General Robert Atkinson. Oregon's five Democratic members of Congress also filed a brief in support of the State's position.Assisted suicide defended Matthew Daly The Columbian Associated Press 2005-07-21 http://docs.newsbank.com/openurl?ctx_ver=z39.88-2004&rft_id=info:sid/iw.newsbank.com:NewsBank:VCBB&rft_val_format=info:ofi/fmt:kev:mtx:ctx&rft_dat=10B80E28D006C0B0&svc_dat=InfoWeb:aggregated4&req_dat=0D10F2CADB4B24C0 United States Solicitor General Paul Clement argued on behalf of the Bush administration, which challenged Oregon's right to regulate the practice of medicine when that practice entails prescribing federally controlled substances. On January 17, 2006, the court ruled 6–3 in favor of Oregon, upholding the law.Assisted suicide upheld The Register-Guard http://docs.newsbank.com/openurl?ctx_ver=z39.88-2004&rft_id=info:sid/iw.newsbank.com:NewsBank:ERGB&rft_val_format=info:ofi/fmt:kev:mtx:ctx&rft_dat=10F469EFD3418CD8&svc_dat=InfoWeb:aggregated4&req_dat=8CE642B8CA5C4083BE84A2539D6E1A73 2006-01-18 Tim Christie See also Act 39 in Vermont, the first state to pass a death with dignity law by legislative action Assisted suicide in the United States List of Oregon ballot measures California End of Life Option Act Compassion & Choices of Oregon, providing medical consultation and direct service for persons eligible for the Oregon Death with Dignity law Death with Dignity, song by Sufjan Stevens Death with Dignity Act, disambiguation page that lists similar laws Death with Dignity National Center, an organization founded to pass and support the law Massachusetts Death with Dignity Initiative Washington Death with Dignity Act, a similar measure passed in November 2008 in the state of Washington Baxter v. Montana, a court decision legalizing aid in dying in Montana Gonzales v. Oregon Washington v. Glucksberg Euthanasia in Australia Voluntary Assisted Dying Act 2017 (Victoria) References External links Official Oregon Health Authority page on the DWDA with Annual Reports Web site in favor of law Briefs filed by the state of Oregon in the Oregon v. Gonzales case Is the Oregon Death with Dignity Act a good law? Website with pros and cons Oregon Voter's Pamphlet Special Election November 1997 – Measure 51includes the full text of the measure, and arguments for and against The New Atlantis: Ten Years of "Death with Dignity" Category:1994 Oregon ballot measures Category:Death in Oregon Category:Initiatives in the United States Category:Assisted suicide in the United States