What Is the Status of Medical Aid in Dying in Nebraska?

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.

Nebraska's 2017 Patient Choice at End of Life Act

In early 2016, spurred by Maynard's decision and the resulting publicity, Nebraska legislators introduced a medical aid in dying bill that failed to pass. In 2017, lawmakers considered a similar death with dignity bill, LB450, called the Nebraska Patient Choice at End of Life Act. However, the bill died in committee without ever receiving a hearing. If it had passed, the law would have functioned very much like Oregon's Death With Dignity Act, allowing terminally ill patients who met certain requirements to request and use life-ending medication.

This article first clears up some potentially confusing language surrounding medical aid in dying laws and then sets out some steps Nebraskans can take to bring a death with dignity law to their state.

Medical Aid in Dying, Death With Dignity, Right to Die, Assisted Suicide: What's the Difference?

"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. Many people still think of this process as "assisted suicide" or "physician assisted suicide." However, proponents of death with dignity argue that the term "suicide" doesn't apply to terminally ill people who would prefer to live but, facing certain death within months, choose a more gentle way of dying. In fact, Nebraska's 2017 proposed law stated that terminating one's life under the law is not suicide. (See LB450, Section 19.)

Increasingly, health organizations are turning away from the term "suicide" to describe a terminally ill patient's choice to reduce the suffering of an inevitable death. The phrase "medical aid in dying" is becoming a more accepted way to refer to this process.

You might also see the phrase "right to die" used in place of either "medical aid in dying" or "death with dignity." "Right to die," though, 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 Nebraska 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.

Advocating for a Medical Aid in Dying Act in Nebraska

Citizen groups are continuing to work to legalize aid in dying in Nebraska. 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 Nebraska.
• 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 medical aid in dying.
• Search for—or start—a community advocacy group. The Compassion & Choices website can help you connect with others in your area.

Learn More

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