Death With Dignity in Arkansas

In recent years there has been a dramatic increase in the number of states considering medical aid in dying laws. Sometimes called "death with dignity," "assisted suicide," or "right to die" initiatives, these laws make it possible for terminally ill patients to use prescribed medication to end their lives peacefully rather than suffering a painful and protracted death.

The catalyst for greater national attention to this issue was 29-year-old Brittany Maynard, a woman diagnosed with terminal brain cancer who moved from California to Oregon to end her life in 2014. Maynard chose Oregon because California had not yet passed its aid-in-dying law, and Oregon is one of just a few other states to allow terminally ill patients to legally end their lives.

Arkansas's 2019 Compassionate Care End-of-Life Option Act

Spurred by Maynard's decision and the passage of aid-in-dying laws in other states since then, Arkansas lawmakers introduced a death with dignity bill for the first time in 2019. The bill, called the Compassionate Care End-of-Life Option Act (HB1536), died in the House Public Health Committee after legislators failed to bring it up for a vote. If it had passed, the law would have functioned much like Oregon's Death With Dignity Act, allowing terminally ill patients who met certain requirements to request and use life-ending medication.

Arkansas's Ban on Assisted Suicide

Before 2019 Arkansas had never officially considered adopting a death with dignity law. The state has, in fact, taken an opposing path, declaring it a crime for a health care professional to knowingly prescribe medication intended to cause death. (Ark. Code § 5-10-106 (2024).) (The proposed bill, however, would have made exceptions for physicians who prescribe aid-in-dying medication under the Compassionate Care End-of-Life Option Act. (See HB1536, Section 1(a)(2).))

Advocating for a Medical Aid in Dying Act in Arkansas

Citizen groups are continuing to work to legalize aid in dying in Arkansas. If choice at the end of life is important to you, here are some things you can do:

• Contact your representatives in the legislature and encourage them to support death with dignity in Arkansas.
• Write a letter to the editor of your local newspaper.
• Tell your family, friends, health care providers, and others why you believe terminally ill patients should be allowed to choose aid in dying.
• Search for—or start—a community advocacy group. The Compassion & Choices website can help you connect with others in your area.

Making a Will or Advance Directive

"Death with dignity" and "medical aid in dying" are two of the most commonly accepted phrases describing the process by which a terminally ill person ingests prescribed medication to hasten death. You may also see the phrase "right to die" used in place of either of these terms. However, "right to die" is more accurately used in the context of directing one's own medical care—that is, refusing life-sustaining treatment such as a respirator or feeding tubes when permanently unconscious or close to death. In Arkansas or any other state, you have a right to provide such directions or give any other health care instructions by completing an advance health care directive.

For information about appointing a health care agent and making known your wishes for medical care at the end of life, see the Living Wills & Medical Powers of Attorney section of Nolo.com.

Learn More

To find out more about the history and current status of death with dignity laws in the United States, visit the website of the Death With Dignity National Center.

Updated February 29, 2024