[Congressional Record Volume 144, Number 145 (Tuesday, October 13, 1998)]
[Extensions of Remarks]
[Pages E2147-E2148]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 OPPOSING REPUBLICAN LAST MINUTE EFFORTS TO PASS A MODIFIED VERSION OF 
            H.R. 4006, THE LETHAL DRUG ABUSE PREVENTION ACT

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                        HON. FORTNEY PETE STARK

                             of california

                    in the house of representatives

                       Tuesday, October 13, 1998

  Mr. STARK. Mr. Speaker, I rise to express my strong opposition to 
attempts that I understand are currently underway to attach a version 
of H.R. 4006, The Lethal Drug Abuse Prevention Act of 1998, to the 
omnibus appropriations bill that will soon be considered by Congress.
  H.R. 4006 has been scheduled for floor consideration by the Full 
House several times this year. Each time ti has been pulled from 
consideration because of the great concerns expressed by our medical 
community. The bill purports to simply combat the practice of 
physician-assisted suicide. Unfortunately, that is not all the bill 
accomplishes. It also presents real barriers to the appropriate care of 
terminally ill and dying patients.
  It does not appear that the supporters of this legislation intend to 
affect pallative care for the dying. But, regardless of intent, it is 
the effect of this bill. The latest version of the bill would have the 
same result.
  If it becomes law, doctors will be deterred from providing 
appropriate pain management to their terminally ill patients. If you've 
ever lost a loved one after a long, painful illness, you know the 
importance of these medications. They are vital to ease the pain of 
people in their final days of life. It should be up to the patient, the 
doctor, and the patient's family to develop an appropriate pain 
management program--without the doctor needing to fear intervention 
from the federal government.
  The tools exist today at the state level through the State medical 
and pharmacy boards to seek out and discipline doctors and other health 
care providers that violate the law regarding the dispensing of 
controlled substances. This legislation is not necessary.
  The medical community is opposed to this action and patient advocacy 
groups are opposed to it as well. In total, more than 55 such 
organizations have signed up to express their opposition. The 
Department of Justice, the very agency that would be required to 
enforce the policy if it were to become law, has also voiced strong 
opposition to this action. In a letter to Chairman Hyde regarding H.R. 
4006, the Departments states: ``Virtually all potent pain medications 
are controlled substances. Thus, physicians who dispense these 
medications to ease the pain of terminally ill patients could well fear 
that they could be the subject

[[Page E2148]]

of a DEA investigation whenever a patient's death can be linked to the 
use of a controlled substance.''
  If we've learned anything from the managed care debate, it is that 
the American public wants medical decisions made by doctors and their 
patients--not health plan or government bureaucrats. This bill goes in 
the opposite direction from those desires.
  We are at this point not because of any need for a new law. We are 
here because the Christian right is pushing this issue as yet another 
part of their wish list. They want to force it through the process even 
though there are serious, legitimate questions about its unintended 
consequences. Its supporters want it passed regardless of those 
concerns so that it can send a political message. We should resolve 
those concerns, not shut our eyes and rush it into law.
  The last minute appropriations gimmick is Congress at its worst. 
Because there is legitimate opposition to passing the legislation 
through the regular legislative process, this is an attempt to tie the 
Department of Justice's hands via Congress' ability to control their 
spending authority. I strongly oppose inclusion of this provision in 
the omnibus appropriations package and urge my colleagues to join me in 
defeating this misguided legislation, which attempts to please a 
political constituency at the cost of appropriate medical care for 
terminally ill patients.

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