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10/21/99, 1:12 pmc

FACT SHEET

WHAT IS THE PAIN RELIEF PROMOTION ACT?
The Pain Relief Promotion Act basically does two things:

First, it says that pain management, even if that pain management increases the risk of death or speeds up the process of death, is a legitimate medical use of controlled substances. Assisted suicide is not.

Second, it sets aside a significant sum of money to educate health professionals in pain management.

The second part of the bill is usually ignored.

WHY WAS THE PAIN RELIEF PROMOTION ACT INTRODUCED?
Until recently, the Controlled Substances Act has been enforced the same no matter where the doctor who prescribed the controlled substances practiced, and no matter what the disability status of the patient receiving the drugs was (Except as the patient's disability related to the condition for which the drugs were provided).

After Oregon legalized assisted suicide, people began to ask whether Oregon doctors could use federally controlled substances in assisted suicides. In particular, Representative Henry Hyde (R-IL) asked the question of Thomas Constantine, head of the DEA. Constantine said that that killing the patient was not a legitimate medical purpose, and federal licenses could not be used for that. But Attorney General Janet Reno reversed that ruling and decided that in Oregon, as prescribed by the Oregon assisted suicide statute, it is permissible to use federally controlled substances for assisted suicide.

WHY IS PAIN CONTROL SPECIFICALLY MENTIONED?
Doctors, who tend as a group to object to any governmental regulation of their profession, claim that they wouldn't be able to provide adequate pain control. What if the pain control depressed a dying patient's breathing? Or what if the patient overdosed without the knowledge of the doctor?

Adequate pain control is of course a problem. A great deal of treatable pain is untreated.

Therefore, the Pain Relief Promotion Act includes a clear statement that pain control is legal and is a legitimate use of drugs - it also authorizes the use of funds to improve the training available to health care providers.

ISN'T THIS REALLY ABOUT STATES' RIGHTS?
Senator Ron Wyden (D-OR) and others are claiming that this bill would overturn Oregon's law, and cause the federal government to take power from the states. However, the federal government is only pursuing federal policy and not interfering with State sovereignty.

The Supreme Court has said that there is no right to assisted suicide based on the federal Constitution. Congress passed, and the President signed, a law saying that federal funds cannot be used for assisted suicide. Essentially, the federal government's position has been that federal tools cannot be used for assisted suicide.

Janet Reno and the Department of Justice position has allowed federal controlled substances licenses to be used in assisted suicide. That is a change in federal policy. It also means, because Oregon's law takes a particular class of disabled people (that group which is expected to die within 6 months) and permits doctors to prescribe lethal doses intentionally, that a federal law is being used in such a way as to discriminate on the grounds of disability. This is in violation of the 1990 Americans with Disabilities Act, which prohibits disability-based discrimination. The Pain Relief Promotion Act would say that federal licenses could not be used in assisted suicide. It would leave alone (as is consistent with federal policy in the past) what state licenses can be used for. It would not overturn Oregon's legalization of assisted suicide.

The act would return the federal government to a position of not supporting assisted suicide, while allowing Oregon to use the power of the state - but not of the nation - to support assisted suicide.

HOW IMPORTANT IS THIS?
Pain Relief Promotion Act is very important. Thus far, assisted suicide has been something that comes from the states. The federal government has refused to support it. The Reno ruling means that the federal government will allow federal licenses to be used in assisted suicide.

HOW SHOULD PEOPLE WORK ON THIS ISSUE?
Because most of our allies on this one are Republicans, Not Dead Yet members and other disability rights advocates have a fairly unique voice. We are arguing equal protection of laws. It means that we need to work on Democrats in Congress- because it is seen as a partisan issue, allies coming from other backgrounds have less credibility than we do with many Democrats. Some things you can do:

• Read the paper and watch the news and, when a story comes out about the Pain Relief Promotion Act, respond to it by writing a letter or phoning. Most reporters will portray the bill as one that would overturn the Oregon bill. Set them straight.

• Write to their Congressional representatives to urge them to vote for the Pain Relief Promotion Act.

• Talk to other people; explain the issue, and correct misconceptions.

WHAT IF I NEED MORE INFORMATION?
If you have any questions about any of this, please feel free to e-mail Cal Montgomery of Not Dead Yet.
ckmont@aol.com.

Locally, you can call or e-mail Tim Wheat (901) 726-6404.

The Memphis Center for Independent Living
1633 Madison Avenue, Memphis, TN 38104
(901) 726-6404 v/tty (901) 726-6521 fax
mcil@mcil.org 

MCIL is a United Way of the Mid-South member Agency

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