Californians With Terminal Illness Now Have The Right To Die On Their Own Terms

The law was inspired by Brittany Maynard, who moved to Oregon to end her own life.
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Debbie Ziegler holds a photo of her daughter, Brittany Maynard, and get a hug after the California legislature approved the End of Life Option Act last year.
Rich Pedroncelli/AP

California's new right-to-die law went into effect Thursday, allowing terminally ill patients to choose to end their own lives.

"Simply having the option of medical aid in dying and the ability to shorten an unbearable dying process provides great peace of mind to terminally ill people and to their families," Stanford Medicine physician Catherine Sonquist Forest told reporters Wednesday. 

Under the End of Life Option Act, which passed last year, terminally ill patients with a prognosis of six months or less to live can obtain a prescription for a lethal dose of medication.

The law provides several protections against abuse. It requires two doctors to sign off on the patient's prognosis and mandates that the patient make a written request and two oral requests for the lethal medication at least 15 days apart. Patients must also be deemed mentally competent and capable of making decisions about their own health. 

Individual doctors and hospitals can choose whether or not to offer patients this option. Many large health care systems in California -- including Kaiser, Sutter Health, the University of California and Stanford Medicine -- have said they will allow their patients to seek aid in dying, according to Compassion & Choices, a leading nonprofit in the "death with dignity" movement. One doctor in Berkeley has opened a new practice specifically for seriously ill patients who seek guidance in ending their own lives. 

Some religiously affiliated hospitals, however, are likely to opt out of the program. 

The law was inspired by Brittany Maynard, a 29-year-old California resident who was diagnosed with terminal brain cancer. Maynard made national news for her decision to move to Oregon and seek care under that state's right-to-die law. 

“I am heartbroken that I had to leave behind my home, my community and my friends in California. But I am dying and I refuse to lose my dignity. I refuse to subject myself and my family to purposeless, prolonged pain and suffering at the hands of an incurable disease," Maynard said in a video message to lawmakers prior to her death in late 2014. "No one should have to leave their home and community for peace of mind, to escape suffering and to plan for a gentle death.”

In a conference call with reporters on Wednesday, Maynard's widower, Dan Diaz, explained why the issue was so important to his late wife. Diaz and Maynard's mother, Debbie Ziegler, have become two of the death-with-dignity movement's most vocal advocates, testifying in front of the California state legislature last year and aiding similar campaigns in other states.

Having the option to die on her own terms "allowed [Maynard] to focus on living life," said Diaz. 

"She didn't have to be consumed with that fear of that brutal dying process that was coming for her," he said. "This program, its very existence empowers the individual and it provides a great sense of control and relief." 

On the same call, Elizabeth Wallner, a single mother who has battled advanced colon cancer since 2011, said that she's relieved the law is going into effect and that she takes comfort in knowing she can end her life if her "suffering becomes intolerable."

"I don't want to die, but death itself doesn't really scare me," Wallner said. "What scares me the most is dying slowly and painfully, and traumatizing my beloved son Nathaniel, my parents and siblings, and the other people in my life whom I love."

While it's not known how many Californians will take advantage of the new law, statistics from Oregon offer some perspective. Since the latter state's right-to-die law went into effect in 1998, the number of prescriptions and related deaths has increased steadily. In the first year, 24 people received prescriptions for lethal medications, while 16 patients eventually took the medicine and died. Last year, 218 patients were prescribed such medications, and 132 decided to take them. In total, 991 terminally ill Oregonians have chosen to end their lives thus. 

Access to the new option is an issue. While Californians in major cities are likely to find a doctor who will aid them in dying, residents of less populated areas may not have the same resources available. Compassion & Choices' California director, Matt Whitaker, said that access is "absolutely a concern" and that his group is working to educate patients and physicians around the state about the new measure in hopes of increasing the number of participating facilities. 

The law has been met with criticism from Catholic groups objecting on religious grounds. Others have raised the possibility of lethal drugs being offered to poor patients as an alternative to expensive, potentially life-saving treatments. A UCLA study released in May, which was based on data from Oregon and Washington state, found those fears to be unsubstantiated. It said that most patients who sought aid in dying were white, highly educated and privately insured.

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Before You Go

Brittany Maynard
(01 of13)
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Brittany Maynard made the controversial decision to end her own life after she was diagnosed with an aggressive form of brain cancer and given six months to live. (credit:COURTESY OF DAN DIAZ)
(02 of13)
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Maynard and her family moved to Oregon where she could legally end her life. She became the face of the right-to-die movement in the United States. (credit:ASSOCIATED PRESS)
(03 of13)
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Maynard was open about her harrowing journey, writing articles about the decision to die on her own terms and posting emotional videos to raise awareness about death with dignity. She even told the world the exact date she had chosen to pass. (credit:COURTESY OF DAN DIAZ)
(04 of13)
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"I am not suicidal," she wrote in a blog post for CNN.com. "I do not want to die. But I am dying. And I want to die on my own terms." Here, Maynard appears with her husband, Dan Diaz. (credit:COURTESY OF DAN DIAZ)
(05 of13)
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She died on Nov. 1 after taking medication prescribed by her doctor. (credit:COURTESY OF DAN DIAZ)
(06 of13)
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"Goodbye to all my dear friends and family that I love," she wrote in a Facebook post, according to People. "Today is the day I have chosen to pass away with dignity in the face of my terminal illness... the world is a beautiful place, travel has been my greatest teacher, my close friends and folks are the greatest givers... goodbye world. Spread good energy. Pay it forward!" (credit:COURTESY OF DAN DIAZ)
(07 of13)
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"The mood in the house was very peaceful, very loving," Diaz told Oprah of his wife's final hours. (credit:COURTESY OF DAN DIAZ)
(08 of13)
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Maynard and Diaz met in 2007. and were married in California's wine country in September 2012. (credit:COURTESY OF DAN DIAZ)
(09 of13)
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Brittany and Dan with their dogs, Bella and Charlie, who were also by her side when she died. (credit:COURTESY OF DAN DIAZ)
(10 of13)
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"Brittany wanted to see legislation in all states, really, but in California in particular so that people wouldn't have to go through what we did," Diaz told Oprah. (credit:COURTESY OF DAN DIAZ)
(11 of13)
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"The one thing that does keep me going is working toward fulfilling the promise I made to her," Diaz told Oprah. (credit:COURTESY OF DAN DIAZ)
(12 of13)
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Diaz speaks in support of proposed legislation allowing doctors to prescribe life ending medication to terminally ill patients during a news conference at the Capitol, Jan. 21, 2015, in Sacramento, Calif. (credit:ASSOCIATED PRESS)
(13 of13)
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Debbie Ziegler, Maynard's mother, speaks at the Sacramento news conference. (credit:ASSOCIATED PRESS)