SB136 Would Criminalize Doctors for Providing Patients With Peaceful Death Option

After an emotional hearing Thursday, the Montana Senate Judiciary Committee today voted to advance the Physician Imprisonment Act (SB 136), which would criminalize the practice of medical aid in dying in the state. Despite passionate testimony from voters from around the state imploring the committee to uphold Montanans’ end-of-life liberties by stopping SB136, committee members voted 7-2 recommending the bill to be heard by the full Senate.

If enacted, the bill would take away terminally ill Montanans’ right to peacefully die on their own terms using medical aid in dying, a safe and time-tested medical practice that has been authorized in Montana for over 15 years. In a 2023 poll, 80% of Montana voters supported the right to medical aid in dying for qualified patients. Further, 88% opposed the criminalization of physicians who prescribe the end-of-life care option, as SB136 seeks to do. 

“Montanans overwhelmingly believe that conversations about what happens at the end of life should be between a dying person and their doctor,” said Callie Riley, Regional Advocacy Director for Compassion & Choices Action Network. “Our advocates will not be silent while a few legislators try to make criminals of physicians and people in their vulnerable final moments of life. We’ll continue the debate on the Senate floor.”

The proposed legislation would:

• Criminalize the established practice of medical aid in dying in Montana; 
• Subject physicians to homicide charges for providing the end-of-life care option to qualifying, terminally ill patients; and
• Impede important end-of-life conversations between doctors and patients.

Thursday’s hearing was marked with emotional debate and personal stories from opponents of the bill, including doctors, hospice workers, people living with terminal illnesses, and family members of those who have died with and without medical aid in dying. 

Pamela Brown of Manhattan, Mont., who has shared her experience as a hospice and palliative care nurse in past legislative hearings on similar bills, added a personal update to her story: Brown is now terminally ill herself. 

“I know, in some detail, what I’m up for. It won’t be pretty, and it won’t be short,” Brown testified. “All I know is that I want the chance to guide my death as I see fit. Please don’t take that away from me. Please uphold our current freedom.” 

Pamela Brown testifies before the Senate Judiciary Committee Thursday.

Billings nurse practitioner Leslie Mutchler, a fixture in the state’s medical aid-in-dying debate, and her sister Roberta King, of Missoula, both testified in opposition of the Physician Imprisonment Act. Their father, Bob Baxter, was the lead plaintiff in the 2009 Supreme Court case which authorized medical aid in dying in Montana.

“My father could never have dreamed his grandson would be one to need and benefit from this,” testified Mutchler, whose son TJ Mutchler utilized the option of medical aid in dying to end the pain and suffering of his final months with terminal pancreatic cancer. ”There are few things in life more private and personal than our own death. Montana residents do not need the government stepping in to approve or ban our healthcare decisions at this time in our life.“ 

Leslie Mutcher (left) and Roberta King (right), daughters of Bob Baxter, testify before the Senate Judiciary Committee Thursday.

Medical aid in dying is authorized in 9 other states and Washington, D.C., representing more than one out of five U.S. residents (22%). There are no documented cases of abuse or coercion involving medical aid in dying since Oregon became the first state to implement the medical practice over 25 years ago in 1997.

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