PD Editorial: Gov. Brown’s next step: Approve ‘right to try’ law

Many Californians can probably find themselves in the words Gov. Jerry Brown used to explain what led him to ultimately decide to sign right-to-die legislation on Monday.

“In the end, I was left to reflect on what I would want in the face of my own death,” Brown wrote in his signing message. “I do not know what I would do if I were dying in prolonged and excruciating pain. I am certain, however, that it would be a comfort to be able to consider the options afforded by this bill. And I wouldn’t deny that right to others.”

As demonstrated by the governor’s angst, this is a complex issue loaded with emotion and, critics contend, peril. But in the end, compassion won out.

Brown can now take the next step in defense of compassionate care by signing a “right to try” law. Such laws allow patients the right to try experimental drugs, products or devices that have yet to be approved by the U.S. Food and Drug Administration. As with right-to-die legislation, this would only be for terminally ill patients who have exhausted all other options.

The legislation before the governor is a combination of SB 149 by Sen. Jeff Stone, R-Temecula, and AB 159 by Assemblyman Ian Calderon, D-Whittier. It’s similar to legislation that has passed in 23 states. Stone, a pharmacist, has said he authored the law out of a frustration for how slowly the FDA approves new drugs and how many people die waiting for a chance to try ones that might make a difference.

Let’s be clear. Neither of these laws is flawless. Both present risks. Concerns that right-to-die legislation could be used to coerce patients into seeking suicide are legitimate. We’re encouraged by the experience in Oregon, where the Death with Dignity Law - the model for California’s legislation - has been rarely employed. Records show that over the past 17 years, 752 patients have used physician-prescribed medication to die and 421 have chosen not to use it even after getting prescriptions. That’s roughly four a month in a state of 4 million people.

At the same time, as Theo Boer, a Dutch professor of medical ethics, points out in his piece on today’s opinion page, the number of people using physician-assisted suicide in his country has been rising at an alarming rate, “from 1,800 (a year) to close to 5,500 last year.” He also noted that there is now, “a strong public movement towards legalizing euthanasia for children 1-11 years of age.” Is California ready to go there?

The governor is to be commended for acting on his conviction that he couldn’t deny terminally ill patients the option of ending their lives on their own terms. Those struggling to survive should be given all options as well. But in both cases, the signing of these bills is more a beginning than an end - a start of a conversation that will require constant analysis, monitoring and re-evaluation in the years to come.