Experts: Ten Years In, Law is Working as Intended

Dan Diaz, husband of the late Brittany Maynard, the 29-year-old Californian who moved to Oregon in 2014 to access its Death with Dignity Act after being diagnosed with terminal brain cancer, joined health professionals and community advocates in praising the Senate for passing SB 403 with a vote of 25-6. The compassionate bill now heads to the Assembly for consideration.

SB 403, authored by Sen. Catherine Blakespear, would amend the End of Life Option Act by removing a sunset clause to make medical aid in dying a permanent option for terminally ill Californians. All other provisions of the law would remain unchanged, including the multi-step request process, eligibility confirmation, and multiple patient requests. The law went into effect June 9, 2016.

The End of Life Option Act has been “working as intended” since it went into effect in 2016, said Charmaine Manansala, Chief Advocacy Officer at Compassion & Choices.

”SB 403 does not change the law in any way – it simply removes the sunset provision,” she said. “California is the only state in the nation that has a medical aid in dying law with a sunset provision, and we are grateful to Senator Blakespear for championing this bill. Removing the sunset will provide comfort to terminally-ill Californians  so they can be secure in their ability to access the law in the future, if that is what they desire.”

Brittany Maynard and Dan Díaz on their wedding day in 2012.

Dan Díaz of Alamo, spoke with great pride about his beloved late wife, Brittany Maynard, and the “gentle death” she was able to experience — despite facing a glioblastoma, a rare and aggressive brain cancer that took her life in 2014.

Brittany’s story made headlines all over the world for her advocacy of medical aid in dying following her terminal brain cancer diagnosis.

“Brittany experienced a gentle death only because of medical aid in dying,” said Díaz “Making this law permanent ensures that option.”

The only people who qualify for the End of Life Option Act are terminally ill, mentally capable California adults, with six months or less to live, giving them the option to request a prescription for medication they can decide to take to die peacefully.

Medical aid-in-dying laws have strict safeguards and practice requirements to ensure the highest standard of care, as described in the Journal of Palliative Medicine. In fact, there have been  no substantiated cases of fraud or abuse of medical aid in dying in California.

“Unless the Legislature passes SB 403, this law will expire in 2031,” said Ryan Spielvogel, M.D., a Sacramento family physician who prescribes aid in dying medication in California. “That means people will face fear and uncertainty about whether they’ll have access to this option when they need it most.”

Three in four Californians (75%) support the End of Life Option Act, including the majority of every demographic group surveyed. That includes:  Hispanic Californians (68%), Black Californians (70%), Asian Californians (76%), and white Californians (82%), according to the California Health Care Foundation.

In California, 1,281 terminally ill Californians obtained prescriptions for medical aid in dying and 884 patients (69%) took the medication in 2023. The aid in dying medication was prescribed by 337 unique physicians. The underlying illnesses of the individuals who utilized medical aid in dying were: cancer: 63.8%, cardiovascular: 12.1%, neurological disease: 8.8 %, respiratory diseases 8%, and other causes 7.2%. The report states that 93.8% were receiving hospice or palliative care.

Medical aid in dying is authorized in 12 jurisdictions: California, Colorado, Delaware, Hawaii, Montana (via a state Supreme Court ruling), Maine, New Jersey, New Mexico, Oregon, Washington, Washington, D.C. and  Vermont.

“The people of California deserve better than the odyssey Brittany had to go through, of leaving the state just to ensure a gentle death,” added Díaz. “The End of Life Option Act does not result in more people dying, it simply results in fewer people suffering.”

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