Death With Dignity in Missouri

In recent years there has been a dramatic increase in the number of states considering death with dignity laws. Sometimes called "medical aid in dying," "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 difficult 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 was one of just a few states to allow terminally ill patients to legally end their lives.

Missouri's 2024 Death With Dignity Act

Spurred by Maynard's decision and the resulting publicity, the Missouri General Assembly first considered a death with dignity law in 2018. Now, in the 2024 legislative session, Missouri lawmakers are considering another aid-in-dying bill, HB1903, called the Marilyn Teitelbaum Death With Dignity Act, that would allow terminally ill patients who meet certain requirements to request life-ending medication.

This article first clarifies some confusing language related to death with dignity laws and then sets out the basics of Missouri's proposed law.

Death With Dignity, Assisted Suicide, Right to Die: What's In a Name?

"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, Missouri's proposed law states that terminating one's life under the law is not suicide. (See HB1903, Section 191.2495.)

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 "aid in dying" is becoming a more accepted way to refer to this process.

You may also see the phrase "right to die" used in place of "death with dignity" or "medial aid in dying." 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. You can provide your own health care directions by completing a Missouri living will and durable power of attorney for health care. (See the end of this article for more information.)

An Overview of Missouri's Death With Dignity Act

Missouri's proposed law is modeled closely on Oregon's Death With Dignity Act, which took effect in 1997. If Missouri's law passes, a patient requesting aid-in-dying medication will have to be:

• at least 18 years old
• a Missouri resident
• mentally capable of making and communicating health care decisions, and
• diagnosed with a terminal disease that will result in death within six months.

A patient who meets the requirements above will be prescribed aid-in-dying medication only if:

• The patient makes two verbal requests to their doctor, at least 15 days apart.
• The patient gives a written request to the doctor, signed in front of two qualified, adult witnesses. (The law sets out the specific form that the patient must use.)
• The prescribing doctor and one other doctor confirm the patient's diagnosis and prognosis.
• The prescribing doctor and one other doctor determine that the patient is capable of making medical decisions.
• The patient has a psychological examination, if either doctor feels the patient's judgment is impaired.
• The prescribing doctor confirms that the patient is not being coerced or unduly influenced by others when making the request.
• The prescribing doctor informs the patient of any feasible alternatives to the medication, including care to relieve pain and keep the patient comfortable.
• The prescribing doctor asks the patient to notify their next of kin of the prescription request. (The doctor cannot require the patient to notify anyone, however.)
• The prescribing doctor offers the patient the opportunity to withdraw the request for aid-in-dying medication before granting the prescription.

To use the medication, the patient must be able to ingest it on their own. A doctor or other person who administers the lethal medication may face criminal charges.

You can read the full text of Missouri proposed Death With Dignity Act on the Missouri General Assembly's website.

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.

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

Updated March 6, 2024